10 year ILR rejected, first tribunal appeal rejected, HELP

[doowgof]

Hi all,

I came into the UK in Sep 2002. I applied for ILR in Feb 2013 with 110 days excess absence. And as expected, I was rejected. I filed my appeal in Sep 2013 and went on the First Tribunal 2 weeks ago. Again I was rejected.

The judge didn't consider the fact that when I came to the UK I was only 16 and was studying a boarding school, so during school holidays I had no choice but to leave the UK and return home. And she said:
1. I don't have family here nor in a relationship, and I have parents back home. The ties to the UK is not strong.
2. I'm "extremely well educated" and I have done internships outside the UK. She thinks I can find a job easily abroad.
3. Although I'm trying to start a business, but its still in its infancy, I can relocate.

My barrister says if I can keep on appealing until Sep 2014, my days of absences will be covered, I can then make a fresh application. However I doubt if he's right.

If I can not win the appeal, even if I wait until this Sep (given the final decision is still pending) and submit a fresh ILR application, when I lose or withdraw the appeal this period (from the expiry date of my PSW to the date of the final decision) will be counted as unlawful stay. Is this idea correct? It seems everybody I met on the Internet is saying so, but when I ask the lawyers (more than 1) they said completely otherwise. Who should I trust? What shall I do?

And my barrister charged me 500 pounds for "asking a counsel" (or council I don't know) to draft my request to appeal on the Upper Tribunal. Is it normal?

Please please help me, I'm so confused.

[lynxukauq]

It will be considered as lawful stay under Section 3C/3D
See P.24 Time awaiting a decision on an application or appeal
Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding

[4uvak000]

Do as your barrister says you to do. He is correct. Never listen to you friends etc. You have 2 choices: find all information yourself (this is what I did, because I could not afford a barrister and solicitors failed to help me and solicitors were very pessimistic about my case) or listen to what professionals say. Do not try to mix these 2 approaches, otherwise you will go mad... And your barrister would not probably like if you will tell him what to do. As to charges - they all different. I know someone who has a complicated immigration history, so he went on consultations with many solicitors. The price they gave him was from £500 to £5000. So you never know. I think barrister usually charge more than solicitor.

[benneviss]

Sorry to hear your rejection.

You can speak to a barrister who would give you a quote for his/her advice . You could approach more if you wish and instruct whom you can trust on advice and fee.

Please be advised that all barristers and solicitors in the UK are regulated .

Yes , you can stay in the UK until you have availed all the legal options. I can see that you have a good case and a good barrister could get you through. Please trust only professionals and not someone off the street .

And lastly , my dear friend it is "counsel " not " council". I hope you had your education in English language.

Good Luck

[doowgof]

It will be considered as lawful stay under Section 3C/3D
See P.24 Time awaiting a decision on an application or appeal
Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding

Thank you!
Then can I just inform the tribunal in Sep to tell them I have met all the requirements? Will it lead to a positive result?

[doowgof]

Do as your barrister says you to do. He is correct. Never listen to you friends etc. You have 2 choices: find all information yourself (this is what I did, because I could not afford a barrister and solicitors failed to help me and solicitors were very pessimistic about my case) or listen to what professionals say. Do not try to mix these 2 approaches, otherwise you will go mad... And your barrister would not probably like if you will tell him what to do. As to charges - they all different. I know someone who has a complicated immigration history, so he went on consultations with many solicitors. The price they gave him was from £500 to £5000. So you never know. I think barrister usually charge more than solicitor.

Thank you! I should stick with the barrister then.

[doowgof]

Sorry to hear your rejection.

You can speak to a barrister who would give you a quote for his/her advice . You could approach more if you wish and instruct whom you can trust on advice and fee.

Please be advised that all barristers and solicitors in the UK are regulated .

Yes , you can stay in the UK until you have availed all the legal options. I can see that you have a good case and a good barrister could get you through. Please trust only professionals and not someone off the street .

And lastly , my dear friend it is "counsel " not " council". I hope you had your education in English language.

Good Luck

Thank you Benneviss!

You are saying I have a strong case because? I sometimes lose confidence when lot of people (off the streets) tell me otherwise.

[benneviss]

I believe that a good barrister /solicitor would have answers to the grounds on which your appeal was rejected .

1. I don't have family here nor in a relationship, and I have parents back home. The ties to the UK is not strong.

Possible submission:- This is generally said in answer to the argument of Article 8 ; when you have parents back home and no other family member living in the UK , it does not mean that you do not have any strong ties with the UK . You might have friends (even girl /boy friend) and colleagues if you are working here . It appears that you have been here more than 11 years then you could say that you had adopted British way of life.
2. I'm "extremely well educated" and I have done internships outside the UK. She thinks I can find a job easily abroad.
3. Although I'm trying to start a business, but its still in its infancy, I can relocate.

The above points should be in your favour as the UK government wants only well qualified / entrepreneur in the country. You must not be punished for the above reasons.

I have not read your full judgment so I can not make more submission . However , if you could let me know the date and place of hearing , I would be able to find out your judgment. If I am successful to get hand on your judgment then I will make out more points.

I hope this helps ( I am not a person of the street , I know what I am talking )

Cheers

Sorry to hear your rejection.

You can speak to a barrister who would give you a quote for his/her advice . You could approach more if you wish and instruct whom you can trust on advice and fee.

Please be advised that all barristers and solicitors in the UK are regulated .

Yes , you can stay in the UK until you have availed all the legal options. I can see that you have a good case and a good barrister could get you through. Please trust only professionals and not someone off the street .

And lastly , my dear friend it is "counsel " not " council". I hope you had your education in English language.

Good Luck

Thank you Benneviss!

You are saying I have a strong case because? I sometimes lose confidence when lot of people (off the streets) tell me otherwise.

[4uvak000]

Never ever loose your confidence. Always have a plan and stick to it. Never change your plan last minute. Never listen to advise of someone, who did not succeed in the field in which he/she gives you advise. Never listen to people from the street. Be prepared to spend a lot of time searching, otherwise be ready to pay to professionals to do it for you. My solicitor refused to take my case to the court and, when I took it to the court on my own,many people were laughing at me, saying it was impossible to win - that how bad my case was... I hold ILR now... Nothing is impossible.

[doowgof]

Thank you Benneviss! I can't thank you enough.
My hearing was on 3rd Feb in IAC Taylor House, 88 Rosebery avenue, London.
Is the information enough to find my judgement?

I believe that a good barrister /solicitor would have answers to the grounds on which your appeal was rejected .

1. I don't have family here nor in a relationship, and I have parents back home. The ties to the UK is not strong.

Possible submission:- This is generally said in answer to the argument of Article 8 ; when you have parents back home and no other family member living in the UK , it does not mean that you do not have any strong ties with the UK . You might have friends (even girl /boy friend) and colleagues if you are working here . It appears that you have been here more than 11 years then you could say that you had adopted British way of life.
2. I'm "extremely well educated" and I have done internships outside the UK. She thinks I can find a job easily abroad.
3. Although I'm trying to start a business, but its still in its infancy, I can relocate.

The above points should be in your favour as the UK government wants only well qualified / entrepreneur in the country. You must not be punished for the above reasons.

I have not read your full judgment so I can not make more submission . However , if you could let me know the date and place of hearing , I would be able to find out your judgment. If I am successful to get hand on your judgment then I will make out more points.

I hope this helps ( I am not a person of the street , I know what I am talking )

Cheers

Sorry to hear your rejection.

You can speak to a barrister who would give you a quote for his/her advice . You could approach more if you wish and instruct whom you can trust on advice and fee.

Please be advised that all barristers and solicitors in the UK are regulated .

Yes , you can stay in the UK until you have availed all the legal options. I can see that you have a good case and a good barrister could get you through. Please trust only professionals and not someone off the street .

And lastly , my dear friend it is "counsel " not " council". I hope you had your education in English language.

Good Luck

Thank you Benneviss!

You are saying I have a strong case because? I sometimes lose confidence when lot of people (off the streets) tell me otherwise.

[doowgof]

Never ever loose your confidence. Always have a plan and stick to it. Never change your plan last minute. Never listen to advise of someone, who did not succeed in the field in which he/she gives you advise. Never listen to people from the street. Be prepared to spend a lot of time searching, otherwise be ready to pay to professionals to do it for you. My solicitor refused to take my case to the court and, when I took it to the court on my own,many people were laughing at me, saying it was impossible to win - that how bad my case was... I hold ILR now... Nothing is impossible.

Thank you 4uvak000, I will stay with my barrister until I get a final result.

[tmrcp3]

In your tribunal did you submit statements from friends to show you had a strong private life here?