Appeal Allowed Under Article 8

[zim2013]

Aug 2013 My appeal allowed on human right article 8, could you please guide me what shall I do now?

[Amber]

Wait for your BRP.

[zim2013]

Thank you for your reply

I be grateful if you kindly explain what BRP stands for and how long does it take to receive

Thank you

[Amber]

Sorry just seen you're in Pakistan? Wait for your entry clearance to be given have you had any correspondence?

[zim2013]

Thanks for the reply

Its spouse visa, Appeal dismiss under immigration rule BUT allowed under Article 8. Home office apply for Application for Appeal in upper Tribunal, which is not approved by the Judge and home office did not file counter in upper tribunal within the period of 7 days.

I sent them an email last week requesting for call letter but received no reply as yet.

Regards

[Amber]

You'll just have to wait. Get your spouse's MP involved if there is an significant delay.

[zim2013]

Thanks D4

[dils4s]

i read on ukba website under appeal procedure
Once the appeal is allowed and if the home office has decided not to appeal against the judge's decision than the applicant has to wait for 12 weeks within which the visa could be issued. My question here is even after 12 weeks if they dont send the BRP what should we do.Also if some one can tell me how long they take the original documents to send back?

[Amber]

As your MP to assist.

[icehouse256]

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.

Hello dils4s: I fall in the same situation as you but i am still waiting for my determination, my appearing hearing date was 5th of September, and i was initially refused too because my wife was not earning 18,600 at the time of the application. Cam you tell me what questions you were asked at your hearing and how well were you able to answer ? Because mine, the HO representative was asking questions regarding what we ate a week before and where we went on my wife's birthday, regarding the food, our answers did not match but my lawyer was able to defend us very well. I just want what type of questions you were asked etc.

[icehouse256]

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.

Hello dils4s: I fall in the same situation as you but i am still waiting for my determination, my appearing hearing date was 5th of September, and i was initially refused too because my wife was not earning 18,600 at the time of the application. Cam you tell me what questions you were asked at your hearing and how well were you able to answer ? Because mine, the HO representative was asking questions regarding what we ate a week before and where we went on my wife's birthday, regarding the food, our answers did not match but my lawyer was able to defend us very well. I just want what type of questions you were asked etc.

[icehouse256]

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.

Hello dils4s: I fall in the same situation as you but i am still waiting for my determination, my appearing hearing date was 5th of September, and i was initially refused too because my wife was not earning 18,600 at the time of the application. Cam you tell me what questions you were asked at your hearing and how well were you able to answer ? Because mine, the HO representative was asking questions regarding what we ate a week before and where we went on my wife's birthday, regarding the food, our answers did not match but my lawyer was able to defend us very well. I just want what type of questions you were asked etc.

[Amber]

hi every one. I would like to tell you that i got married in uk and was refused because my wife was not earning 18600, my appeal was allowed on human rights but at the time of hearing me and my wife were earning more than the required amount, home office has issued me with 2.5 years spouse visa. I am confused because my solicitor is saying i can apply for ILR after 2.5 years, however the rules says ILR can be applied after 2.5 + 2.5 yrs extension. i have been in uk on student visa for 5 years. Please can some one tell me if i can apply for ILR after 2.5 yrs 1st extension. Thanks

[Amber]

No, you'll only be able to apply after 10 years of continuous and legal residence. I say that because, family life leave is a 10 years route to settlement, however, as you've already got 5 years you'll only need another 5, 2 x 2.5 years leave. I assume you've never overstayed more than 28 days and that you have not exceeded long residence absence limit. For you and your solicitors information, spouse leave under FM provisions is indeed, 2 x 2.5 years before settlement, meeting the financial requirement 3 times in total.

[dils4s]

hi this is exact wording which is written on the letter which home office issued me.
"Your appeal has been allowed by the tribunal on ECHR Article 8 grounds", and you have therefore been granted leave to remain outside of the immigration rules for a period of 30 months. You can apply to nenew this leave, and you may become eligible to apply for indefinite leave to remain (settlement) after 120 months if you qualify."

my confusion here is i have been in uk legally for 5 years, and now home office has given me 2.5 yrs visa outside of immigration rule. which visa i should apply for this 2.5 yrs. because my solicitor is telling me we will apply for ILR. please if some one can help.
Thanks

[dils4s]

please can some one reply to my above message

[vinny]

hi this is exact wording which is written on the letter which home office issued me. "Your appeal has been allowed by the tribunal on ECHR Article 8 grounds", and you have therefore been granted leave to remain outside of the immigration rules for a period of 30 months. You can apply to nenew this leave, and you may become eligible to apply for indefinite leave to remain (settlement) after 120 months if you qualify." my confusion here is i have been in uk legally for 5 years, and now home office has given me 2.5 yrs visa outside of immigration rule. which visa i should apply for this 2.5 yrs. because my solicitor is telling me we will apply for ILR. please if some one can help. 

[Amber]

Hasn't this already been answered?

[suhee]

Hi everyone,
My asylum case was allowed in first tribunal and it was remitted to home office.I didn't receive any reply from home office more than a year.Please help me,what can I do? My solicitor also send request letter to home office,unfortunately still I didn't receive any letter.

[S Umar]

Postby suhee » Fri Jan 24, 2014 10:55 pm

Hi everyone,
My asylum case was allowed in first tribunal and it was remitted to home office.I didn't receive any reply from home office more than a year.Please help me,what can I do? My solicitor also send request letter to home office,unfortunately still I didn't receive any letter.

Can you kindly update, how long did it take to get your visa?

Regards

[CR001]

Postby suhee » Fri Jan 24, 2014 10:55 pm

Hi everyone,
My asylum case was allowed in first tribunal and it was remitted to home office.I didn't receive any reply from home office more than a year.Please help me,what can I do? My solicitor also send request letter to home office,unfortunately still I didn't receive any letter.

Can you kindly update, how long did it take to get your visa?

Regards

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