Appeal Allowed Under Article 8

[dils4s]

HI every one.
My initial application was refused because me and my wife were not earning 18600 at the time of application but after 1 year my appeal is heard and me and my wife both earn more than 18600 upto todays date.
The judge dimissed my appeal under immigration rules but allowed my appeal under human rights.
Can some one please tell me what is going to happen next.
what sort of visa will i get,how long is it going to be and what would be my rights.i am so confused. please can some one elaborate.

[dils4s]

Can any one help please

[Amber]

Assuming the application was put in after July 2012, likely be, 2.5 years leave under the family life provisions which is a 10 years route to settlement with no recourse to public funds but you can work.

[dils4s]

Thanks for ur reply and yes the appeal was put in march 2013 and it was decided 2 weeks ago.it is allowed under human rights.what should i do.is it a good decision because its been 1 year that me and my wife are earning about 20k per anum.and we also proved before the judge that we are earning more than 18600 but the judge said at the time of application u were not earning 18600.so he decided the appeal under human rights.i have beej in uk for 4 years on student visa and married last year

[Amber]

You can apply for flr(m) now if you meet the requirements as flr(m) will only be a 5 year route to settlement. However, if you only need 6 years to get long residence ILR, then perhaps just stick with article 8 leave?

[dils4s]

Thank u soo much for your reply.HO have not yet issued me with a visa suppose if they doissue me DL .after how long can i switch back to immigration category Flr.also please if u can tell me the time which i will spend on DL will it be counted towards FLR 5 year route if i switch from DL to FLR M

[Amber]

Time on article 8 leave (it's no longer DLR) will not count towards settlement under set(m). However, it should count towards settlement under set(lr) - long residence, which you should be able to apply for in 6 years based on what you have said (assuming there was no break in your stay of 4 years as a student and the applications were made in time and not to mention, if it's still available). That's only a year longer than the flr(m) route to settlement of 5 years.

[Obie]

If indeed your partner and yourself met the financial requirement on the day of the appeal hearing, and assuming your partner had leave prior to the application, then the judge erred in law, as the appeal had to be decided, as things stand on the day of the hearing

Assuming you did not have to rely on exemption 1, which appears to be the case, then you will qualify in 5 years. However the error of the judge, if not rectified, could result in her javing to wait for an extra year to qualify for ILR.

[Amber]

You must also remember that with flr(m) leave you would have to meet the financial requirements again in 2.5 years time and in 5 years time. You need to decide whether you think you will be able to do that?

[dils4s]

Thank u soooo much for ur replies.
If i want to stick with DL.WILL i still have to show 18600 after 3 years for my extension.sirry but i dont have any knowledge on how DL WORKS and whats the procedure for extension and what would be my rights.also can i travel abroad on DL

[Amber]

Thank u soooo much for ur replies.
If i want to stick with DL.WILL i still have to show 18600 after 3 years for my extension.sirry but i dont have any knowledge on how DL WORKS and whats the procedure for extension and what would be my rights.also can i travel abroad on DL

DLR or its new counterpart does not have a financial requirement. You would extend after 2.5 years (before the leave expires) on form flr(o), you can travel and work but not claim public funds. As long as your circumstances are pretty much the same in 2.5 years you should be granted a further 2.5 years.

[Obie]

You must also remember that with flr(m) leave you would have to meet the financial requirements again in 2.5 years time and in 5 years time. You need to decide whether you think you will be able to do that?

Not sure this is correct if someone meets the criteria of ex1. I believe this is the basis on which the judge must have allowed the appear. To be correct, I will call it under the broad article 8 criteria.

They may qualify for another 30 months after this 30 months, even if they cannot show evidence of 18600 . However they will not qualify for ILR until after 120 months.

[Amber]

You must also remember that with flr(m) leave you would have to meet the financial requirements again in 2.5 years time and in 5 years time. You need to decide whether you think you will be able to do that?

Not sure this is correct if someone meets the criteria of ex1. I believe this is the basis on which the judge must have allowed the appear. To be correct, I will call it under the broad article 8 criteria.

They may qualify for another 30 months after this 30 months, even if they cannot show evidence of 18600 . However they will not qualify for ILR until after 120 months.

I meant for the purpose of 5 years settlement route,

[Obie]

I follow. It may well be the case, that OP may not even need to meet the financial requirement to secure ILR. He is currently covered by section 3C. By the time he receives his Resident permit, he may have only 5 years and a bit to go, before he qualifies.
Therefore after the 2nd 30 months application, he may simply vary his existing applicationdepending on the circumstance, under the Long Residence provision.

In that way, 18600 requirement is legally circumvented.

[dils4s]

I have question here.if i will be granted with DL for 3years and in the mean time if the court decides the case about 18600 and change it to 13k.what will happen with my 3year DL visa.

[vinny]

Then ask for a reconsideration

[Android-Guy]

Thank u soooo much for ur replies.
If i want to stick with DL.WILL i still have to show 18600 after 3 years for my extension.sirry but i dont have any knowledge on how DL WORKS and whats the procedure for extension and what would be my rights.also can i travel abroad on DL

DLR or its new counterpart does not have a financial requirement. You would extend after 2.5 years (before the leave expires) on form flr(o), you can travel and work but not claim public funds. As long as your circumstances are pretty much the same in 2.5 years you should be granted a further 2.5 years.

What if the application is sent before July 2012 and been refused in September, appealed the decision and appeal came in applicant's favour in Jan 2013. Later on HO sent the documents back with a letter saying application was determined in July 2013. Would it be DL (3 years /6 years) or still considered as 2.5 years/10 year route.

[Amber]

The relevant date is the date the appeal was determined and allowed by the judge, rather than the date of promulgation or the date of the actual appeal, where these dates differ.

Thus as the appeal was considered and allowed on Article 8 family life grounds on or after 9 July 2012 it would be 2.5 years on the new route with no recourse to public funds.

[Android-Guy]

The relevant date is the date the appeal was determined and allowed by the judge, rather than the date of promulgation or the date of the actual appeal, where these dates differ.

Thus as the appeal was considered and allowed on Article 8 family life grounds on or after 9 July 2012 it would be 2.5 years on the new route with no recourse to public funds.

Thanks Amber

[Android-Guy]

Amber, wondering would be able to answer the question on BRP or not?



Thanks in advance

[dils4s]

hi every one.
The home office was given right of appeal which expired 5 days ago . I still didnt hear anything from home office.
How long it can take for home office to respond and to issue me with the visa.kindly reply.

[Amber]

Well it should be soon, but I doubt they're in any rush. If you could contact the the appeals determination management unit they could perhaps update you.

[vinny]

There should be a Level playing field for extensions of time.

[dils4s]

hi thanks for the reply. My solicitor wrote a letter to home office yesterday with regards to the determination, since my appeal is allowed under human rights. Just a general question, if they issue me discretionary leave for 3 years, what documents are required for the extension of next descritionary leave, would i still have to show 18600 for descritionary? Kindly if u please reply.

[Amber]

hi thanks for the reply. My solicitor wrote a letter to home office yesterday with regards to the determination, since my appeal is allowed under human rights. Just a general question, if they issue me discretionary leave for 3 years, what documents are required for the extension of next descritionary leave, would i still have to show 18600 for descritionary? Kindly if u please reply.

DLR is not subject to a financial requirement. Rather the circumstances would have to be similar when you apply for an extension.