Appeal to upper tribunal:

Soft13 · Post by **Soft13** » Wed Dec 11, 2013 9:59 pm

Hi every one it's great place to share experience which is very helpful.

I have applied T1 entrepreneur and got refused then went in appeal and refused from there as well. Applied for permission in first tribunal to go in upper tribunal but that was refused as well. Now I m making application in upper tribunal with in 5 working days.
I m in UK and in next September 14 I have to apply for indefinite leave on basis of long residency so I much worried as still I need 9 months to complete ten years.
I was told that if upper tribunal or court of appeal are refusing me then there will be break in my period to qualify for ten years.
Any only could help me pls... Also wat steps I should take further to maintain my consistency of ten years.
Thanks in advance
Soft 13.

ammar_riaz · Post by **ammar_riaz** » Thu Dec 12, 2013 12:50 pm

Well, i read your ad same like me, but my appeal hearing date has not been allocated yet, my 10 years is going to complete but my immigration consultant submit my late appeal anyway still waiting for hearing date?
you can consult with any one of good barrister to further other wise you lost your 10 years journey.thanks

ILR1980 · Post by **ILR1980** » Thu Dec 12, 2013 7:03 pm

Its not just about completing ten years. Its all depend on outcome of appeal. You cannot make new application until your appeal get decided. If outcome of appeal is postive then time you spend waiting for decision will count towards ten year otherwise it will not count towards ten years but still you can make application on human rights ground..thats what I got so far as I will also complete my ten year in jan 14 and waiting for decision of appeal. I cannot make application for ten years because my appeal is pending

migrant80 · Post by **migrant80** » Thu Dec 12, 2013 9:37 pm

modern_newton wrote:Its not just about completing ten years. Its all depend on outcome of appeal. You cannot make new application until your appeal get decided. If outcome of appeal is postive then time you spend waiting for decision will count towards ten year otherwise it will not count towards ten years but still you can make application on human rights ground..thats what I got so far as I will also complete my ten year in jan 14 and waiting for decision of appeal. I cannot make application for ten years because my appeal is pending

you can not make new application while appeal is pending BUT you can add new grounds at any time while appeal is in process and they will consider all grounds.so you can add your 10 yrs ground during ur appeal.there is nothing to do with the outcome of appeal in this case.whether it is rejected or allowed if u have added ur 10 yrs ground u will get decision in ur favour.
thats what i m going to do next week.as i have allowed my appeal from first tier tribunal two weeks before and last week i got a letter HO have asked permission to appeal in upper tribunal.since then no news.
but i will become elligible for 10 yrs route next week so i will add this ground next week.

ILR1980 · Post by **ILR1980** » Thu Dec 12, 2013 11:01 pm

migrant80 wrote: you can not make new application while appeal is pending BUT you can add new grounds at any time while appeal is in process and they will consider all grounds.so you can add your 10 yrs ground during ur appeal.there is nothing to do with the outcome of appeal in this case.whether it is rejected or allowed if u have added ur 10 yrs ground u will get decision in ur favour.
thats what i m going to do next week.as i have allowed my appeal from first tier tribunal two weeks before and last week i got a letter HO have asked permission to appeal in upper tribunal.since then no news.
but i will become elligible for 10 yrs route next week so i will add this ground next week.

Thats what i said that you cannot make new application but you can ask them to consider your ten year legal stay at the time of hearing before judge make any decision ..for example my lawyer mentioned to judge that i was enter in this country 11 Jan 2004 and my hearing was on 10 dec 2013 so technically i should have given visa based on my ten year because you can apply one month before completing ten year but my appeal was about entrepreneur refusal so judge will make decision about that appeal and may consider my 9 year and 11 month on compassion grounds but its not relevant to my entrepreneur refusal

Soft13 · Post by **Soft13** » Fri Dec 13, 2013 7:44 pm

Thanks all for providing valuable information. Hope we will keep sharing out experiences and relevant informations here

hayya786 · Post by **hayya786** » Tue Mar 18, 2014 2:33 pm

HI Appeal allowed 24.1.2014
recevied letter from court on 5.3.2014
recevied letter from home office they are appealing in upper tribunal on 11.2014

They are absolutely doing non senceness as in the first place they dint attend
in the first tribunal appeal and now they are appealing against judge decision its
like a waste of time and money for me and distress.

There is no one who can stop them in doing so as its not right if you clearly
win the appeal whats the point of taking it longer they are just being pai now
doing this deliberately to everyone..

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Appeal to upper tribunal:

Appeal to upper tribunal:

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