Advice needed ILR due to Appeal Made during 10 yrs

[sailesh]

Hello everyone
I have a querry conserning my brother application for ILR
He has completed his 10 years as a student
he had all his visa renew each year quickly
But the 9th year one was refused
he was send back his passport with all document due to incorrect funding
he did his appeal and win the case and he was granted visa later on he apply another extension as tier 4 and he was granted visa till Sept 2012
will that affect his application for 10 years visa due to a refusal and went to court to win his case
thanks for advice
cheers

[Obie]

It is not a clear cut situation.

I am not sure what you meant by incorrect funding.

Are you saying he was refused due to insufficient funding or was there not enough money in the account to pay the application fee, if it was due to the former, and was given a right of appeal and then won his case, possibly under Pankina Judgement, he must have possibly held a Section 3D rights, therefore he may not have broken his residency.

[sailesh]

well this is the story

He made application for tier 4 on 29th of March by special delivered post
His course was £3500 paid college £2600
total amount to be shown for 28 days is £1200 + £900 = £2100

Bank statement
25th of feb 1991.35
26th -- 2791
28 till 17 march 2781
20th of march 2183.86
24 th of march 2233.46
25th of march 4230.00

the maintenance fee has been kept for the month of march was 2183.86 which is 25 day
Plus 3 days in feb which is 26 27 28

the home office refuse the visa as they counted the date from 25th of feb till 25th of march BUT THEY FORGET TO NOTICE THAT FEB IS ONLY 28 DAYS SO THEY REFUSE THE VISA STATING THIS AS WRITTEN ON THE HM LETTER

WE REFUSE TO GRANT YOU VISA AS YOU EARN 30 POINT FOR TIER 4
BUT YOU DONT GET 10 POINT FOR FUND
AS THE FIGURE WHICH YOU SHOULD HAVE MANTAINE SHOULD BE 2100 BUT YOU HAD ONLY 1991.35 YOU MAY APPLY FOR A FRESH APPLICATION OR APPEAL

HE DID THE APPEAL WHICH WAS HEARD ON 14 SEPT 2010 AND AFTER A NEARLY 2 WEEK HE GOT P[ASSED AND HOME OFFICE SENT THE ID CARD WITH VISA TILL 30 AUGUST 2011
HE APPLY NEW VISA AT THE END OF THAT MONTH AND GRANTED VISA TILL 26-02-2013

HE COMPLETED THE 10YRS ON 5TH OF NOVEMBER THIS YEAR

WILL THAT CREATE ANY ISSUE SORRY TO WRITE SO MUCH
CHEERS AND MANY THANKS FOR REPPLY

[geriatrix]

he did his appeal and win the case and he was granted visa later on he apply another extension as tier 4 and he was granted visa till Sept 2012.

will that affect his application for 10 years visa due to a refusal and went to court to win his case

No.

And, please don't shout.

[2012]

well this is the story

He made application for tier 4 on 29th of March by special delivered post
His course was £3500 paid college £2600
total amount to be shown for 28 days is £1200 + £900 = £2100

Bank statement
25th of feb 1991.35
26th -- 2791
28 till 17 march 2781
20th of march 2183.86
24 th of march 2233.46
25th of march 4230.00

the maintenance fee has been kept for the month of march was 2183.86 which is 25 day
Plus 3 days in feb which is 26 27 28

the home office refuse the visa as they counted the date from 25th of feb till 25th of march BUT THEY FORGET TO NOTICE THAT FEB IS ONLY 28 DAYS SO THEY REFUSE THE VISA STATING THIS AS WRITTEN ON THE HM LETTER

WE REFUSE TO GRANT YOU VISA AS YOU EARN 30 POINT FOR TIER 4
BUT YOU DONT GET 10 POINT FOR FUND
AS THE FIGURE WHICH YOU SHOULD HAVE MANTAINE SHOULD BE 2100 BUT YOU HAD ONLY 1991.35 YOU MAY APPLY FOR A FRESH APPLICATION OR APPEAL

HE DID THE APPEAL WHICH WAS HEARD ON 14 SEPT 2010 AND AFTER A NEARLY 2 WEEK HE GOT P[ASSED AND HOME OFFICE SENT THE ID CARD WITH VISA TILL 30 AUGUST 2011
HE APPLY NEW VISA AT THE END OF THAT MONTH AND GRANTED VISA TILL 26-02-2013

HE COMPLETED THE 10YRS ON 5TH OF NOVEMBER THIS YEAR

WILL THAT CREATE ANY ISSUE SORRY TO WRITE SO MUCH
CHEERS AND MANY THANKS FOR REPPLY

1. As long as he applied before his visa expiry date and then after refusal, he won the appeal then he is ok.
2. I wud suggest to get the SAR file and also wen applying, write a cover letter and include any appeal letters and case outcome (If you do not have it then not a big issue).

[zahid.ali.anwar]

As told and advised by Obie, he was on Section 3D leave at that time, so he will be fine. He, however, must include all the relevant documents of the appeal decision and also include that on cover letter.