Hearing date adjourned

[penny1012]

Hi guys,

Just letting you know I had my hearing today in London, got there at 9.30, found out it has been adjourned to 8/01/2014, on the 22/08/13, barrister and solicitor didn't get any correspondence from tribunal, am super annoyed.

Anyone knows why my case could have been adjourned, please tell me.

Thanks so much.

[Darvesh]

official linked to case may be on leave(judge in this case). i think so....

any other reasons????

[vinny]

Hi Guys,

My hearing date for my entrepreneur visa refusal has been adjourned to 8/01/14, and I am eligible for Ilr on the 10/01/14, I will include this in my appeal for the judge to consider.

I want to know
1. what will the judge say about this, allow my appeal or just say I should apply for ilr instead and,

after I receive the judgment
2. Can I apply for ilr if my appeal is not allowed.

Thanks so much for any suggestions.

[Mr Legal]

Hi guys,

Just letting you know I had my hearing today in London, got there at 9.30, found out it has been adjourned to 8/01/2014, on the 22/08/13, barrister and solicitor didn't get any correspondence from tribunal, am super annoyed.

Anyone knows why my case could have been adjourned, please tell me.

Thanks so much.

I have noticed you have the similar thread in relation to your ILR,application.I think if the judge allows your appeal on 08/01/2014,take that opportunity first and later when you receive your paper back from the HO,then you can apply for your ILR.And if unfortunately,the judge dismisses your appeal,dont miss the time and go straight away in further appeal to avoid any period break(10 years) because intime appealing will keep you staying legal and there will be no problem for your ILR(I think on long residency).Once you have filed your further appeal and you are sure that your term of long residency has met,you simply withdraw your second appeal on this ground and file your ilr.

[penny1012]

I was told the tribunal had many cases to deal with, there were some other people there who also got their hearing adjourned. Its a shame I was looking forward to winning my appeal and carry on with my life, now, 4 more months of uncertainty.

Has anyone one else been in this situation, what was the outcome. Please let me know.

Thanks so much guys, I am very grateful for all your help.

I went to see my solicitor today, he said that he will add the fact that i will complete 10 years long residence requirement on the 10/01/14, 2 days after my appeal hearing date, and the judge will partially allow my appeal on that basis if not on Tier 1 entrepreneur.( I am not sure if this can happen). He mentioned the one stop process, can anyone explain to me what this does and how it works.

Thanks

[red scorpion]

I was told the tribunal had many cases to deal with, there were some other people there who also got their hearing adjourned. Its a shame I was looking forward to winning my appeal and carry on with my life, now, 4 more months of uncertainty.

Has anyone one else been in this situation, what was the outcome. Please let me know.

Thanks so much guys, I am very grateful for all your help.

I went to see my solicitor today, he said that he will add the fact that i will complete 10 years long residence requirement on the 10/01/14, 2 days after my appeal hearing date, and the judge will partially allow my appeal on that basis if not on Tier 1 entrepreneur.( I am not sure if this can happen). He mentioned the one stop process, can anyone explain to me what this does and how it works.

Thanks

Hi Penny,

I am in the same boat.my tier 1 enterpneur appeal hearing is on 14 feb 2014 and i can qualify for 10 year long residence on 20 feb.if you can get more info,please share.

[rehan01]

This whole situation is very tricky and confusing ....... I have already completed my 10 years long term residency .... But tier 1 refused and waiting for appeal date ..... (Which is more likely to be in July or August next year) ......... So I guess have to wait for appeal outcome before applying LR .... As its very confusing if I apply now bcz guidance clearly says tht void application and refund fees etc


So waiting for the date and will c wht to do after..

Regards

[Olasunkanmi]

This whole situation is very tricky and confusing ....... I have already completed my 10 years long term residency .... But tier 1 refused and waiting for appeal date ..... (Which is more likely to be in July or August next year) ......... So I guess have to wait for appeal outcome before applying LR .... As its very confusing if I apply now bcz guidance clearly says tht void application and refund fees etc


So waiting for the date and will c wht to do after..

Regards

@ Rehan, I think that those who have already completed their 10years long lawful residency should not have to wait for the stress of appeal. The reason why I said this is because such people will still have to apply for their ILR once their appeal is successful and HO send them their Tier 1 entrepreneur BRP, so why waste valuable time when you can apply for your ILR now.

I understand that you are being careful not to withdraw your appeal and get your ILR application void. But there are ways you can avoid this scenario if you plan very well. Technically you are still on the same visa (mayb PSW) you had before your Tier 1 entrepreneur visa, so if you send in your ILR application now say the same day you withdraw your appeal, you will still be legal in UK and you should send a proof with your ILR application that your appeal has been withdrawn.

[penny1012]

Hey Guys,

I think we are the unlucky ones,

My solicitor told me that the judge will decide what I have to do at the hearing, and he said if the judge allows my appeal at the hearing for my 10 years long residence under Article 8, then I can apply for ILR. My hearing is on the 8th Jan 2014, I complete my 10 years on the 10th, by the time I receive my determination I would have completed 10 years.

The Long residence guidance clearly says that you should state the fact that you have completed 10 years as additional appeal grounds(Pg 25), and not make a fresh application for ILR, which will be voided. I think since the rules changes in Dec 2012, applicants with pending appeals have been left in limbo, and its up to the Judges to decide.

I will keep you guys updated after my hearing, best of luck.

[212]

Hi guys
Unfortunately I m in the same boat. 10 years completing in oct 2013 and still waiting for hearing date after entrepreneur refusal.

The point arisen by olasunknmi that we should withdraw our application. As I know if we gona withdraw our application it means our stay is not validated after the application of entrepreneur visa application. I might be wrong can anyone explain please?

[RizKCB]

I believe, all of you are under 3(c)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[RizKCB]

This whole situation is very tricky and confusing ....... I have already completed my 10 years long term residency .... But tier 1 refused and waiting for appeal date ..... (Which is more likely to be in July or August next year) ......... So I guess have to wait for appeal outcome before applying LR .... As its very confusing if I apply now bcz guidance clearly says tht void application and refund fees etc


So waiting for the date and will c wht to do after..

Regards

@ Rehan, I think that those who have already completed their 10years long lawful residency should not have to wait for the stress of appeal. The reason why I said this is because such people will still have to apply for their ILR once their appeal is successful and HO send them their Tier 1 entrepreneur BRP, so why waste valuable time when you can apply for your ILR now.

I understand that you are being careful not to withdraw your appeal and get your ILR application void. But there are ways you can avoid this scenario if you plan very well. Technically you are still on the same visa (mayb PSW) you had before your Tier 1 entrepreneur visa, so if you send in your ILR application now say the same day you withdraw your appeal, you will still be legal in UK and you should send a proof with your ILR application that your appeal has been withdrawn.

I have also heard the same from someone to apply for ILR during appeal

[penny1012]

Main question is, has anyone withdrawn their appeals and applied for ILR successfully since Dec 2012.

I asked my barrister if I should withdraw my appeal and apply for Ilr, but he advised against it, he said I should wait for the Judge's decision at the hearing. He didn't seem to have a clear answer on this issue himself.
This is so confusing for all of us who have to wait.

[opportunist]

pemmy1210

My hearing date is adjourned today, same is like in your case.

Today solicitor received a call and informed. Dont know when next date will be.

Really this waiting is killing.

Anyway is there anyway like calling them and ask when will be new hearing date??? How you got??? received any letter for new date???/


reply me, will be grateful

[rehan01]

thanks Olasunkanmi & others .....


I understand you point and I was thinking to do the same ....... Like submit LR application (As in my case I have already completed 10 years few weeks back but still waiting for hearing date) and wait for acknowledgement letter and once I have the acknowledgement letter for LR application then withdraw the appeal and I have discussed this with my solicitor and he said under no circumstances I should withdraw the appeal as it might create more complication

Today I called another solicitor firm and had discussed my situation with them same advice is been given that DO NOT withdraw your appeal and same time advice me to submit the LR application asap while waiting for hearing date / hearing as case worker will void LR application and send all docs back to me with refund of visa fees but will make a copy of the whole application and will attach with my Tier 1 appeal. (This is something new I discovered in my recent search of applying / not applying / withdrawing Tier 1 appeal)

Also been advised to make your solicitor aware of this (LR Application submission) so he can prepare appeal and additional arguments accordingly.

but again BIG question stayed unanswered as it is : If appeal dismissed will I be able to reapply in same category or different category eg LR? what will be my status at that time? where does it leave me by law?


Only 1 option which I can think of is Upper Tribunal or High court after that ... LOL

in other words as per my understanding "MUST WIN APPEAL TO AVOID ALL THIS COMPLICATION" as there is no 1 who got a clear answer to this at present I guess

regards

@ Rehan, I think that those who have already completed their 10years long lawful residency should not have to wait for the stress of appeal. The reason why I said this is because such people will still have to apply for their ILR once their appeal is successful and HO send them their Tier 1 entrepreneur BRP, so why waste valuable time when you can apply for your ILR now.

I understand that you are being careful not to withdraw your appeal and get your ILR application void. But there are ways you can avoid this scenario if you plan very well. Technically you are still on the same visa (mayb PSW) you had before your Tier 1 entrepreneur visa, so if you send in your ILR application now say the same day you withdraw your appeal, you will still be legal in UK and you should send a proof with your ILR application that your appeal has been withdrawn.

[rehan01]

@penny

my observation and understanding so far after talking with different solicitors is that do not with draw your appeal and wait and fight to win your appeal to make things straight forward ..... Additional grounds in appeal might be helpful.


may be I am wrong but no1 seem to have clear cut answer to this at present.

regards

Main question is, has anyone withdrawn their appeals and applied for ILR successfully since Dec 2012.

I asked my barrister if I should withdraw my appeal and apply for Ilr, but he advised against it, he said I should wait for the Judge's decision at the hearing. He didn't seem to have a clear answer on this issue himself.
This is so confusing for all of us who have to wait.

[Darvesh]

simply wait for ur appeal outcome and better fight ur appeal on additional grounds of 10y lawful residence here.

[nidaaqeel]

my hearing date was 24 april 2014 but i just received letter that it has moved to 23 dec 2013. i have no idea what to do now

[babylondoner]

my hearing date was 24 april 2014 but i just received letter that it has moved to 23 dec 2013. i have no idea what to do now

lucky you.

what did you do to get it brought forward?

[nidaaqeel]

my hearing date was 24 april 2014 but i just received letter that it has moved to 23 dec 2013. i have no idea what to do now

lucky you.

what did you do to get it brought forward?

nothing. they just send me a letter received today

[babylondoner]

my hearing date was 24 april 2014 but i just received letter that it has moved to 23 dec 2013. i have no idea what to do now

lucky you.

what did you do to get it brought forward?

nothing. they just send me a letter received today

okay. thats great.

what part of the courntry will you appeal be heard?

[nidaaqeel]

my hearing date was 24 april 2014 but i just received letter that it has moved to 23 dec 2013. i have no idea what to do now

lucky you.

what did you do to get it brought forward?

nothing. they just send me a letter received today

okay. thats great.

what part of the courntry will you appeal be heard?

london

[babylondoner]

lucky you.

what did you do to get it brought forward?

nothing. they just send me a letter received today

okay. thats great.

what part of the courntry will you appeal be heard?

london

okay. you still have ample time to prepare.

go along with as many supporting docs as possible... you never can tell.. the judge might ask to see them or even accept them.

also go through your application and the refusal reasons with your lawyer. be prepared to come up with convincing answers on any question you might be asked by the judge on the day

[212]

Hi guys.
My appeal of tier 1 ent has been withdrawn by the home office Solicistor. And I have already completed my 10 years in October. So any body can suggest me that should I submit my ilr now or wait ?
I would really appreciate the answer.

[rooney0511]

Hi guys.
My appeal of tier 1 ent has been withdrawn by the home office Solicistor. And I have already completed my 10 years in October. So any body can suggest me that should I submit my ilr now or wait ?
I would really appreciate the answer.

Immediately send a Variation to ILR, this way you save money and time.