PR Query as an impact of Pankina Judgement

[badalv]

Hello,

Please can you advise appropriately after reading my rather complex case.

First came to UK in Sept 2008 on Student Visa valid till Jan 2010.

Just before 1st April 2009 because of rule changes to Tier 1, I made an appliaction for Tier 1 General visa which got rejected due to lack of maintenance of funds.

Hence after my graduation, I applied for a PSW visa in Dec 2009 and this was valid till Dec 2011.

In Feb 2011, however, I appealed against my earlier rejection on the grounds of the Pankina Judgement and was given a visa for a period of 3 years from Feb 2011 to Feb 2014. I am currently on this visa.

Thus in 2014 I would have completed 5 years of stay in UK and ideally be eligible for a PR application. However, I realise that the PSW period is not counted for a PR application.

Finally to my question -

1) Since the Home Office granted me the visa on Pankina judgement, will my period on Tier 1 PSW be counted as Tier 1 General? I am on Tier 1 General visa with all rules prior to April 1st 2009. Had my application not been rejected , I could have applied for PR but since I got my visa as a result of an appeal two years later, will that interim period still be counted for my PR?

Can provide you with more details if I am unclear. Please do let me know.

Thanks

[geriatrix]

Not until UKBA confirms in writing what you are implying.

In absence, expect the application to be refused thereby leaving you with one option - that of JR (since you have valid leave until 2014, you'll not be given the right to appeal).

You say that you appealed in Feb 2011 against a refusal issued in Apr 2009 (almost two years before). Can you explain how?
Or you mean you applied for a review in 2011 following the court judgement (July 2010)?

[badalv]

[quote="sushdmehta"]Not until UKBA confirms in writing what you are implying.

In absence, expect the application to be refused thereby leaving you with one option - that of JR (since you have valid leave until 2014, you'll not be given the right to appeal).

You say that you appealed in Feb 2011 against a refusal issued in Apr 2009 (almost two years before). Can you explain how?
Or you mean you applied for a review in 2011 following the court judgement (July 2010)?[/quote]

Hello again,

Thanks for the reply.

Yes, I mean applied after the court judgement (Pankina judgement). Also, I do not intend to apply for PR untill Feb 2014 and only after you and the other experts/consultants advise that my case will be considered for PR and my period in PSW is counted towards it.

Does that makes sense?

Please do let me know what you think.

Cheers

[geriatrix]

I do not intend to apply for PR untill Feb 2014 and only after you and the other experts/consultants advise that my case will be considered for PR and my period in PSW is counted towards it.

When and where did I make any such assertion?

[badalv]

Hello,

I probably misread what you said.

Anyways, how do I contact the Home Office to explain my case and get their reply regarding my complex case?

Please do let me know.

Cheers

[geriatrix]

Unfortunately, I cannot tell you how to contact UKBA regarding the issue other than through the published contact methods. And even if you do contact them using the standard methods I have my doubts that the enquiry will ever reach the person who may be able to answer the query definitely.

IMHO, your best chance in ensuring that UKBA responds and provides a definitive clarification regarding the issue is to get your local MP to help you and write to UKBA on your behalf.

[vgprakashin]

Hi experts,
My case is very similar to this.

I Came to UK on work permit on November 2006, then applied for Tier-1 on September 2008 which got rejected because of maintenance funds and went to my home country. 3 months later I came again on work permit to UK on January 2009 and was in UK till March 2010.

Then because of Pankina judgement, I was granted visa (Tier-1 General) in February 2012 for the application I made in September 2008. With this Tier-1 General visa I came to UK again April 2012. Now my next extension is due by February 2015.

My question is when am I eligible for ILR? Will my previous stay in UK will be accounted for in ILR calculation? since I had to go back in September 2008 because of visa rejection at least the previous period from November 2006 to September 2008 will be considered for ILR calculation? Please clarify.

Many thanks in advance.