If the ILR is rejected, Can we appeal!

[York123]

Hi All,

As I dont meet the ILR criteria according to new rules & also my visa expires very soon, i wont have any option left if i dont get ILR other than leaving the country.

I have consulted many solicitors, few among them have advised me to go for ILR & once they reject the case, they asked me to appeal in the court.

They are saying there are more chances of winning the case when we appeal.

Is it true? Does anyone know about thisa appealing?
Will it cost more?

Please advice me..

[joh118]

Hi All,

As I dont meet the ILR criteria according to new rules & also my visa expires very soon, i wont have any option left if i dont get ILR other than leaving the country.

I have consulted many solicitors, few among them have advised me to go for ILR & once they reject the case, they asked me to appeal in the court.

They are saying there are more chances of winning the case when we appeal.

Is it true? Does anyone know about thisa appealing?
Will it cost more?

Please advice me..

What makes you think you will be successful in appealing. Your salary won't go up magically by appealing...

[joh118]

Hi All,

As I dont meet the ILR criteria according to new rules & also my visa expires very soon, i wont have any option left if i dont get ILR other than leaving the country.

I have consulted many solicitors, few among them have advised me to go for ILR & once they reject the case, they asked me to appeal in the court.

They are saying there are more chances of winning the case when we appeal.

Is it true? Does anyone know about thisa appealing?
Will it cost more?

Please advice me..

What makes you think you will be successful in appealing. Your salary won't go up magically by appealing...

[ssoct98@hotmail.com]

Dear sometime Its Important to get as many consultation as you can but if they don't give ILR they extend it if its due to traffic offences.Also they can give it depending on case worker.Applying is better if no other option left.

[Aryan2013]

Hi All,

As I dont meet the ILR criteria according to new rules

If you don't meet the rules, no matter how many times you appeal, you will never win !!!

[jami]

if they decide ILR when your FLR has expired that right of appeal is given. In appeal additional ground under human rights is also available. May be Solicitors have given opinion in that context.

[SNG]

Hi All,

As I dont meet the ILR criteria according to new rules & also my visa expires very soon, i wont have any option left if i dont get ILR other than leaving the country.

I have consulted many solicitors, few among them have advised me to go for ILR & once they reject the case, they asked me to appeal in the court.

They are saying there are more chances of winning the case when we appeal.

Is it true? Does anyone know about thisa appealing?
Will it cost more?

Please advice me..

As far as i know re-applying is better if you think you can produce documents. satisfying the case worker.
If you don't meet salary requirement, i can't see any alternative. they added a new requirement to show 3 statements&bank statements in new form(12th April).
this 3 months requirement is there from many years, but the reason its specifically mentioned is just to stop sudden pay rises to match the salary in code of practice list.
If you have a Dependant (spouse),Think about her to switch into student visa. But find out if you can do it with in UK.

[geriatrix]

If the ILR is rejected, Can we appeal!

See ILR settlement application unsuccessful scenario.

As already stated by others, whether or not you can win an appeal depends only on whether the refusal was wrong / unlawful and if you can prove so.

Just because solicitors tell you that "you have higher chances of approval if you appeal" doesn't mean that you will. If they don't give you such hope, how will they make money out of you?

[Ksenia]

3 months requirement is there from many years, but the reason its specifically mentioned is just to stop sudden pay rises to match the salary in code of practice list.
If you have a Dependant (spouse),Think about her to switch into student visa.

So what happens if i did get a sudden pay rise 1 month before getting ILR? Will this cause problem?

[Pierrot95]

3 months requirement is there from many years, but the reason its specifically mentioned is just to stop sudden pay rises to match the salary in code of practice list.
If you have a Dependant (spouse),Think about her to switch into student visa.

So what happens if i did get a sudden pay rise 1 month before getting ILR? Will this cause problem?

Under WP conditions, you can't get a "sudden pay rise" that is not in line with inflation and is applied to all (or most) workers in your company.
So in theory, a "sudden pay rise" will help you to meet the income requirement, but the HO will cancel your WP and you will be refused for not meeting the requirement for "holding a valid WP".

[khalidmirza]

. Changing rules for ILR with retrospective element in itself is not legal (Refer previous JR). At least there should be some humane consideration in such cases. Once the requirement was to be economically active for all categories, how one can reproduce backdated income level requirement overnight. Under current rules only option as suggested by one forum member is for wife switching to student visa

If the ILR is rejected, Can we appeal!

See ILR settlement application unsuccessful scenario.

As already stated by others, whether or not you can win an appeal depends only on whether the refusal was wrong / unlawful and if you can prove so.

Just because solicitors tell you that "you have higher chances of approval if you appeal" doesn't mean that you will. If they don't give you such hope, how will they make money out of you?

[genorp]

Changing rules for ILR with retrospective element in itself is not legal (Refer previous JR)

That's not true. Under the US system it would be illegal as the decisions such as that one would reverse the law in a blanket fashion. In the UK though, judicial review does not reverse legislation as parliament is supreme. If it were US style, then the challenge by HSMP holders would have affected WP holders as well and all future legislation, but it didn't. It only affected the claimants in the specific judgement, the HSMP holders.

[fahadz1]

so the new rule is implemented that we have to show income same as we had in our extension ??
is that correct??
i got extension in september 2009 so it apply to my one as well ?

suppose some budy had ILR due in May 2011 so how can he suddenly arrange every thing?

please guys explain what new rule is implemented for ILR on Tier1