7 days to ILR upper tribunal refused permission

[Ask4help]

Hello guys,
Please I need an advice from well experienced persons or someone who has passed through the same situation.
I was issued a student visa (18 months period) on 4th of Feb 2009 and I came to the UK 8th of Feb 2009 for a master's degree with my wife who had 2 years visit visa on her passport at the time.On April 2009 my wife went back to our home country to switch her visit visa to student dependant and returned back to UK in May. On September 2009 we had our first baby. In June 2010 , I applied for PSW visa through the university and was granted on October (period of 2years). On September 2012 I applied for entrepreneur visa it was granted on July 2013 (period of 3years) but due to the requirement in entrepreneur visa I was not able to renew the visa. On June 2016 I made application based on 7yrs born in the uk route.my child was a month and half short of 7 years. In January 2018 we got a refusal (reason for refusal: me and my wife were from same country it will be reasonable for us to return back to our country) with right of appeal. We went for hearing July 2018 and it was dismissed August 2018.

Now, my ten years will complete January 2019. What step will be good for me now to delay or buy time? My solicitor said I should appeal the first tier tribunal decision by first asking other judge to review the case and if that doesn't go well then we can appeal to upper tribunal and if the outcome still isn't good then we can appeal in the appeal court. But I was suggesting if to make fresh application? Secondly, if I'm applying for my ten years long residence on January can my wife as well apply along with me although, she came with visit visa alongside with me and returned back to switch to student dependant visa. she only spent three weeks back home.

PLEASE!!!!! PLEASE!!!!!! PLEASE HELP


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[Obie]

You can apply for permission to appeal, and identify errors of law in the original decision. Going for a new application at this stage, don't seem very sensible.

[Ask4help]

Many thanks, I so much appreciate that’s what my solicitor said.but will this give me enough time? I’m scared not to lose my ten years residency.

[Ask4help]

Hello guys,
Please I need an advice from well experienced persons or someone who has passed through the same situation.
I was issued a student visa (18 months period) on 4th of Feb 2009 and I came to the UK 8th of Feb 2009 for a master's degree with my wife who had 2 years visit visa on her passport at the time.On April 2009 my wife went back to our home country to switch her visit visa to student dependant and returned back to UK in May. On September 2009 we had our first baby. In June 2010 , I applied for PSW visa through the university and was granted on October (period of 2years). On September 2012 I applied for entrepreneur visa it was granted on July 2013 (period of 3years) but due to the requirement in entrepreneur visa I was not able to renew the visa. On June 2016 I made application based on 7yrs born in the uk route.my child was a month and half short of 7 years. In January 2018 we got a refusal (reason for refusal: me and my wife were from same country it will be reasonable for us to return back to our country) with right of appeal. We went for hearing July 2018 and it was dismissed August 2018.

Now, my ten years long residency will complete January 2019. What step will be good for me now to delay or buy time? My solicitor said I should appeal the first tier tribunal decision by first asking other judge to review the case and if that doesn't go well then we can appeal to upper tribunal and if the outcome still isn't good then we can appeal in the appeal court. But I was suggesting if to make fresh application? Or can my solicitor suggestions buy my time till January?Secondly, if I'm applying for my ten years long residence on January can my wife as well apply along with me although, she came with visit visa alongside with me and returned back to switch to student dependant visa. she only spent three weeks back home.

PLEASE!!!!! PLEASE!!!!!! PLEASE HELP


Sent from my iPad

[Ask4help]

I need advice please people help!!!

[Ask4help]

Hi guys, I just appeal to first tribunal for permission to upper tribunal. Please How long does appeal for permission usually takes to respond?

God bless.

[Ask4help]

Good day to everyone, please I need a clarification regarding appeal permission to upper tribunal made to first tribunal. The appeal was refused and the judge said the appeal was late with one day but he went ahead to say because of sensitivity in the case he will treat the case as in time appeal

My question now is that would that affect my ILR allocation by February next year?

[Ask4help]

Good day guys, please I need advice and information.
Advice:
my ten years residency due January 4th but Last two weeks I submitted appeal to upper tribunal. I want to know if it would be right to start looking for slot in premium service to book a date now or too early?

Information:
if my appeal to upper tribunal is refuse how many day do upper tribunal give to appeal to appeal court? And would my article 3c still continue why my appeal is in appeal court?

[Londoner007]

This is a very complex case, would be best to get answer to these questions from a professional legal representative.

[Ask4help]

Thanks for your the advice. I’m willing read people opinions if anyone can tell me his or her opinion or experience it will be good. Most of the legal professionals makes issue wast for someone if the person on that case doesn’t know anything regarding what is going on. But with people opinions you can ask questions and understand the directions of things.

[Londoner007]

Yes that can be the case, but if you are going to appeal against a tribunal decision you will need expert advise from someone who can point to facts of law.

[Ask4help]

Thanks very much for your time and concern which I highly appreciate. But I think you are reading my old. I have made the appeal already to first tribunal and it was dismiss then permission to appeal to upper tribunal was also refused. Now I have made appeal to to upper tribunal Two weeks age and I’m due for my 10 years long residency in first week of January and I don’t know how long the appeal would take. My question now is that can i start looking for slot games n premium service or it’s too early for that?

Secondly, if the appeal to upper tribunal is refuse how many day do upper tribunal give to appealed to the appeal court? And would my article 3c still continue why my appeal is in appeal court?

[Ask4help]

Complement of the season you all. Please I need advice and a direction regarding my 10 years (ILR).

I have an ongoing appeal at the upper tribunal and my 28 day to my l0 years long residency will be complete 6th of January 2019.

Here is where I needed advice
1). How do I go about with the ILR application?
2). Do I need to withdraw my appeal from the upper tribunal or vary the application?
3). If to vary the application how can I vary it? Do I need to write to the upper tribunal regarding my recent predicament or to my case worker?

I would appreciate as many as possible advice plz.

Many thanks

[CR001]

Complement of the season you all. Please I need advice and a direction regarding my 10 years (ILR).

I have an ongoing appeal at the upper tribunal and my 28 day to my l0 years long residency will be complete 6th of January 2019.

Here is where I needed advice
1). How do I go about with the ILR application?
2). Do I need to withdraw my appeal from the upper tribunal or vary the application?
3). If to vary the application how can I vary it? Do I need to write to the upper tribunal regarding my recent predicament or to my case worker?

I would appreciate as many as possible advice plz.

Many thanks

1. You don't qualify for ILR on 6th January. Your residence starts from date of ENTRY to the UK not visa issue date. The earliest you can apply is 11th January.

2. Yes you would need to withdraw appeal and given the complexity of your case you need to think carefully as withdrawing your appeal ends your Section 3 protection.

3. You cannot 'vary' an appeal to ILR. You have to withdraw the appeal and then APPLY for ILR. There is also no longer an in person same day decision service so you would have to apply online and then attend the new UKVCAS centres for biometrics etc.

[Ask4help]

God bless you for your response, my date of entry is 4th of February 2009. So when is the good time to withdraw the application so that it wouldn’t affect my acticle 3c?

[CR001]

God bless you for your response, my date of entry is 4th of February 2009. So when is the good time to withdraw the application so that it wouldn’t affect my acticle 3c?

You previously stated your visa was issued on 4th Feb and you ENTERED the UK on 8th Feb??

I was issued a student visa (18 months period) on 4th of Feb 2009 and I came to the UK 8th of Feb 2009

[Ask4help]

Sorry it was an error, it was issued 2nd if February 2009 and I entered 4th of February 2009.

[Ask4help]

But I’m going to wait till 1oth or 11th before I summit my online application. And I’ll be send my withdrawal letter same day I’m submitting my online application or should i send the withdrawal letter with same day I’m submitting my application documents?

[Ask4help]

Please can anyone confirm this. Please help!!!

I have appeal to upper tribunal and I have only got acknowledge letter since then never hear from then.

Now the question:
Is this a permission to upper tribunal?
Those this mean I can withdraw my application automatically without the Joudge have to confirm the withdrawal?

HERE IS A COPY FROM GOV WEBSITE REGARDING WITHDRAWAL PROCESS:

Withdrawal of appeals in the Upper Tribunal A party to an appeal at the Upper Tribunal may withdraw their appeal:
• at any time before a hearing
• orally at hearing

Where a party withdraws their application for permission to appeal then the effective withdrawal date is the date the application for permission is withdrawn. If a person makes a variation of their initial application for leave on the same day they have withdrawn the appeal then the varied application should be accepted as the person is to be treated as if they did not have section 3C leave on that day.

Where permission to appeal to the Upper Tribunal has been granted a party cannot withdraw their appeal until the Upper Tribunal agrees to the withdrawal.
Where the Upper Tribunal agrees to the withdrawal it must notify the parties. The appeal and any section 3C leave will continue until the Upper Tribunal notifies the parties that the appeal is withdrawn. The effective date of the withdrawal of the appeal is contained in the notice issued by the Tribunal. Rule 17 of the Tribunal Procedure (Upper Tribunal) Procedure Rules 2008 governs the withdrawal of appeals in the Upper Tribunal.

Withdrawal of decision during the appeals process Where the Home Office withdraws a decision while the appeal is pending, section 3C leave reverts to leave under section 3C (5). This is because section 3C leave is no longer being extended as a consequence of an appeal being pending and reverts to leave which is being extended whilst a decision is awaited. As the decision has been withdrawn it is possible for the outstanding application to be varied during the period

[aman90]

Please can anyone confirm this. Please help!!!

I have appeal to upper tribunal and I have only got acknowledge letter since then never hear from then.

Now the question:
Is this a permission to upper tribunal?
Those this mean I can withdraw my application automatically without the Joudge have to confirm the withdrawal?
What does the acknowledgement letter say? Does it just confirm that they’ve received ur appeal and will be in touch?
HERE IS A COPY FROM GOV WEBSITE REGARDING WITHDRAWAL PROCESS:

Withdrawal of appeals in the Upper Tribunal A party to an appeal at the Upper Tribunal may withdraw their appeal:
• at any time before a hearing
• orally at hearing

Where a party withdraws their application for permission to appeal then the effective withdrawal date is the date the application for permission is withdrawn. If a person makes a variation of their initial application for leave on the same day they have withdrawn the appeal then the varied application should be accepted as the person is to be treated as if they did not have section 3C leave on that day.

3c protection ends the date you withdraw and your varied application will be as an overstayer but you should be covered by 39E?

Where permission to appeal to the Upper Tribunal has been granted a party cannot withdraw their appeal until the Upper Tribunal agrees to the withdrawal.
Where the Upper Tribunal agrees to the withdrawal it must notify the parties. The appeal and any section 3C leave will continue until the Upper Tribunal notifies the parties that the appeal is withdrawn. The effective date of the withdrawal of the appeal is contained in the notice issued by the Tribunal. Rule 17 of the Tribunal Procedure (Upper Tribunal) Procedure Rules 2008 governs the withdrawal of appeals in the Upper Tribunal.

Withdrawal of decision during the appeals process Where the Home Office withdraws a decision while the appeal is pending, section 3C leave reverts to leave under section 3C (5). This is because section 3C leave is no longer being extended as a consequence of an appeal being pending and reverts to leave which is being extended whilst a decision is awaited. As the decision has been withdrawn it is possible for the outstanding application to be varied during the period

You entered UK 04/02
Qualify for 10 years from date of entry
Minus 28 = 07/01/19

[Ask4help]

Thanks for your concern, the acknowledgment letter says:

This is acknowledge receipt on 16 October 2018 of application to the upper tribunal for permission to appeal to upper tribunal. You will be informed of the result in writing.

That’s all the acknowledgement letter.

[aman90]

Thanks for your concern, the acknowledgment letter says:

This is acknowledge receipt on 16 October 2018 of application to the upper tribunal for permission to appeal to upper tribunal. You will be informed of the result in writing.

That’s all the acknowledgement letter.

From my understanding you’ve not been granted the permission yet.
Did you read on the rest of the suggestions?
You have time, discuss with ur solicitor...
You seem ok. I don’t remember reading anything adverse in ur thread with regards to ur 10 year stay.

[Ask4help]

Thanks very much I appreciate

[Ask4help]

Happy new year everyone, please I’m in confused situation here. This morning I received letter from upper tribunal refused my permission to appeal which say:
This is to inform you that the upper tribunal has or not admitted your application for permission to appeal to the upper tribunal.

And it went on to say:
There is no further right of appeal in these circumstances. A decision by the upper tribunal defusing permission to appeal to itself in an excluded and therefore no appeal lies from such a decision to court of appeal: s13(8)c) tribunal, court and enforcement act 2007.

And I have 8 days left for my 28 day to my 10 year ILR, l beg please advise....

[aman90]

I’m not sure but does this apply to you:

39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.