SET LR REFUSED WITH APPEAL RIGHTS

[kavikkdi]

Dear admin & Members,

Please read my Immigration History and reson for SET LR refusal, then suggest me the Success rate of my appeal.

On 19 October 2008 arrived in the UK as a student granted until 28 feb 2010.

On 17 feb 2010 applied in time for leave to remain as a Tier 4 General student Granted Until 13 june 2012.

On 27 March 2012 applied In time leave to remain as Post study work, granted until 4 August 2014.

On 1 August 2014 applied in time for leave to remain as Tier 2 General migrant granted until 12 August 2017.
On 3 November 2016 leave to remain was curtailed so as to end on 8 Jan 2017.

On 6 Jan 2017 applied in Time for leave to remain on the basis of family and private life, application varied on 23 May 2017 to an application for leave to remain as a Tier 2 General Migrant. Application was subsequently refused on 20 March 2018 with the right to as Administrative Review. No Administrative Review Submitted.

On 26 March 2018 applied Out of Time for leave to remain on the basis of family & Private life. On 24 September 2018 application varied to an application for indefinite leave to remain on the basis of 10 years lawful residence. This is the application under consideration.

Reason for refusal says:
The Tier 2 General Migrant application refused on 20 march 2018 with the right to an Administrative review .You did not apply for an Administrative review. It is therefore consider that your period of valid leave to remain ended on 20 march 2018. As you arrived in the UK on 19 October 2008 you did not have 10 years lawful residence at that point.
On 26 March 2018 you applied out of time for leave to remain on the basis of your family and private life. You varied the application on 24 September 2018to as application for Indefinite leave to remain on the basis of 10 years lawful residence. As your application was submitted within 14days of the previous refusal decision on 20 March 2018 you meet the requirements of paragraph 276B(v). However, It should be noted that any time spent awaiting the decision on an out of time application is not consider a period of lawful leave to remain for the purpose of continuous residence. As noted above you had valid leave to remain until 20 March 2018 and did not have 10 years lawful residence at that point. As such your period of continuous lawful residence is considered to have been broken at this point.Therefore, you have not demonstrated 10 years continuous lawful residence and cannot satisfy the requirement of paragraph 276B(I)(a).

For the reason outlined above, your application for indefinite leave to remain on the ground of long residenceis refused as you have failed to meet the requirement of the Immigration Rule Under paragraph 276D with reference to paragraph 276B(i)(a) of HC395 (as amended).

Please suggest me how to proceed my appeal.

Thanks

[kavikkdi]

Any one Please...?

Dear admin & Members,

Please read my Immigration History and reson for SET LR refusal, then suggest me the Success rate of my appeal.

On 19 October 2008 arrived in the UK as a student granted until 28 feb 2010.

On 17 feb 2010 applied in time for leave to remain as a Tier 4 General student Granted Until 13 june 2012.

On 27 March 2012 applied In time leave to remain as Post study work, granted until 4 August 2014.

On 1 August 2014 applied in time for leave to remain as Tier 2 General migrant granted until 12 August 2017.
On 3 November 2016 leave to remain was curtailed so as to end on 8 Jan 2017.

On 6 Jan 2017 applied in Time for leave to remain on the basis of family and private life, application varied on 23 May 2017 to an application for leave to remain as a Tier 2 General Migrant. Application was subsequently refused on 20 March 2018 with the right to as Administrative Review. No Administrative Review Submitted.

On 26 March 2018 applied Out of Time for leave to remain on the basis of family & Private life. On 24 September 2018 application varied to an application for indefinite leave to remain on the basis of 10 years lawful residence. This is the application under consideration.

Reason for refusal says:
The Tier 2 General Migrant application refused on 20 march 2018 with the right to an Administrative review .You did not apply for an Administrative review. It is therefore consider that your period of valid leave to remain ended on 20 march 2018. As you arrived in the UK on 19 October 2008 you did not have 10 years lawful residence at that point.
On 26 March 2018 you applied out of time for leave to remain on the basis of your family and private life. You varied the application on 24 September 2018to as application for Indefinite leave to remain on the basis of 10 years lawful residence. As your application was submitted within 14days of the previous refusal decision on 20 March 2018 you meet the requirements of paragraph 276B(v). However, It should be noted that any time spent awaiting the decision on an out of time application is not consider a period of lawful leave to remain for the purpose of continuous residence. As noted above you had valid leave to remain until 20 March 2018 and did not have 10 years lawful residence at that point. As such your period of continuous lawful residence is considered to have been broken at this point.Therefore, you have not demonstrated 10 years continuous lawful residence and cannot satisfy the requirement of paragraph 276B(I)(a).

For the reason outlined above, your application for indefinite leave to remain on the ground of long residenceis refused as you have failed to meet the requirement of the Immigration Rule Under paragraph 276D with reference to paragraph 276B(i)(a) of HC395 (as amended).

Please suggest me how to proceed my appeal.

Thanks

[kavikkdi]

Someone please clarify me how appeals are allowed under human rights rule?

[zimba]

How many times do you need to bump this post in matter of few hours of posting it ???!!
Your long residence application is correctly refused as you did not have 10 years of lawful residence.
What is the legitimate human rights claim ? You cannot successfully challenge a decision on human rights ground unless you have very very good reasons like not being able to return to your country, etc

[gbptier1general]

Someone please clarify me how appeals are allowed under human rights rule?

Hi,
May be u should have waited for Decision for FLR-Application instead of over lapping it with 10Yr-LR.........may be u might hav got FLR for few Months.
What is ur Appeal status as of now?
GoodLuck!

[kavikkdi]

Hellogbptier1general

Thanks for your comment,

If I waited for FLR decision,

How am I eligible for ILR if that FLR refused ? That’s why I varied before took the decision.

I appealed in time and payment has been processed.
Waiting for hearing date.

Everyone this forum saying FTT and UTT does not allow this appeal as UTT already refused Ahmed case and that was reported.
I am worried, at least judge consider my case to allow leave to remain 30 months visa would be good at the moment.
We will see the outcome.
Thanks again your valuable time to read my case.
Thanks

Someone please clarify me how appeals are allowed under human rights rule?

Hi,
May be u should have waited for Decision for FLR-Application instead of over lapping it with 10Yr-LR.........may be u might hav got FLR for few Months.
What is ur Appeal status as of now?
GoodLuck!

[CR001]

If I waited for FLR decision,

How am I eligible for ILR if that FLR refused ? That’s why I varied before took the decision.

I appealed in time and payment has been processed.
Waiting for hearing date.

Everyone this forum saying FTT and UTT does not allow this appeal as UTT already refused Ahmed case and that was reported.
I am worried, at least judge consider my case to allow leave to remain 30 months visa would be good at the moment.
We will see the outcome.
Thanks again your valuable time to read my case.
Thanks

If your FLR application had been successful, the period of overstay would have been ignored at ILR stage. This is not the case in your circumstances as you varied an out of time application to ILR LR, which was correctly refused as you did not have 10 years lawful residence.

IF you are fortunate to have success and get 30 months leave to remain, this will likely put you on a new 10 year route to ILR (4 x 2.5 year visas).

[kavikkdi]

Hi Zimba

Thanks for your comment,

I appealed and few has been processed.

Please clarify
Am I eligible to apply Tier-2 general SW now or not ?

Tier 2 company willing to offer a sponsorship.
Thanks

How many times do you need to bump this post in matter of few hours of posting it ???!!
Your long residence application is correctly refused as you did not have 10 years of lawful residence.
What is the legitimate human rights claim ? You cannot successfully challenge a decision on human rights ground unless you have very very good reasons like not being able to return to your country, etc

[CR001]

You would have to withdraw your appeal before you can make any application.

Whether you will be successful with Tier 2 having been an overstayer for more than a year, no one can say for certain.

[kavikkdi]

Hi CR001

Thank you for your reply.

We will see the outcome of appeal.

Thanks.

If I waited for FLR decision,

How am I eligible for ILR if that FLR refused ? That’s why I varied before took the decision.

I appealed in time and payment has been processed.
Waiting for hearing date.

Everyone this forum saying FTT and UTT does not allow this appeal as UTT already refused Ahmed case and that was reported.
I am worried, at least judge consider my case to allow leave to remain 30 months visa would be good at the moment.
We will see the outcome.
Thanks again your valuable time to read my case.
Thanks

If your FLR application had been successful, the period of overstay would have been ignored at ILR stage. This is not the case in your circumstances as you varied an out of time application to ILR LR, which was correctly refused as you did not have 10 years lawful residence.

IF you are fortunate to have success and get 30 months leave to remain, this will likely put you on a new 10 year route to ILR (4 x 2.5 year visas).

[kavikkdi]

Hi CR001

Please clarify 3C rules,

Several post you mentioning that after AdminReview refusal 3C comes end but my case I didn’t apply administration review after my Tier 2 visa refused, within 6 days I apply FLR FP instead of within 14 days of AdminReview.
In this case 3c live or not ?

Thanks

[zimba]

Your section 3C ended when you were refused visa (20 March 2018) . The fact that you applied within 14 days for a new application is irrelevant as you have been an overstayer. Since then you had NO lawful residence and therefore did not complete the lawful 10 years residence requirement

[gbptier1general]

If I waited for FLR decision,

How am I eligible for ILR if that FLR refused ? That’s why I varied before took the decision.

I appealed in time and payment has been processed.
Waiting for hearing date.

Everyone this forum saying FTT and UTT does not allow this appeal as UTT already refused Ahmed case and that was reported.
I am worried, at least judge consider my case to allow leave to remain 30 months visa would be good at the moment.
We will see the outcome.
Thanks again your valuable time to read my case.
Thanks

If your FLR application had been successful, the period of overstay would have been ignored at ILR stage. This is not the case in your circumstances as you varied an out of time application to ILR LR, which was correctly refused as you did not have 10 years lawful residence.

IF you are fortunate to have success and get 30 months leave to remain, this will likely put you on a new 10 year route to ILR (4 x 2.5 year visas).

Hi kavikkdi ,
As per my Good knowledge u will probably get 30-Month Visa whr u need to cross 6-7Yys further to gain Next ILR/LR[7-Yrs legal stay ] NOT "10 year route to ILR (4 x 2.5 year visas)" as CR001 advised.
As CR001 said only Likely.
But I am sensing it is more likely to 6/7Yr LR which HO may highlight in ur Visa Approval letter provided ur Barrister does a Strong& confident JOB.[Out of Immigration Rules]
If HO gives u within Immigration rules then out come falls to 10 year route to ILR (4 x 2.5 year visas).
Good Luck!!!
Just BE confident & GoodSmart....Either way u r winning with Visa granted!
Pls keep updates to us&get updated too!

[gbptier1general]

Your section 3C ended when you were refused visa (20 March 2018) . The fact that you applied within 14 days for a new application is irrelevant as you have been an overstayer. Since then you had NO lawful residence and therefore did not complete the lawful 10 years residence requirement

Hi Zimba,
Pls correct if my conclusion is wrong!
After the refused visa (20 March 2018),If AR-was submitted with in 14-Days instead of FLR,then assuming if AR was refused later on then AR-Refusal Date ends 3C.
Right!
Thanks.

[zimba]

Yes, if AR is not filed then section 3C ends after the refusal is served (two working days from refusal)

[kavikkdi]

Hi Admins

Please find the recent UT judgement regarding lawful residence for 10 year route ILR.

Please some one help me, is this judgement help my case regarding 39E rules.

https://tribunalsdecisions.service.gov. ... 04404-2018

Please see the judgement link.

Thanks in advance

[REM12]

Hi Admins

Please find the recent UT judgement regarding lawful residence for 10 year route ILR.

Please some one help me, is this judgement help my case regarding 39E rules.

https://tribunalsdecisions.service.gov. ... 04404-2018

Please see the judgement link.

Thanks in advance

Hello kavikkdi !! I am also in same situation lyk ur one ( 39e matters) . How was the hearing gone ! My ilr was refused without appeal so send a pap !!

[kavikkdi]

Hi Everyone
Good News, granted my ILR LR after my appeal allowed by First Tier Tribunal on 7th of June. I received my approval letter, BRP and passport yesterday.
The surprise was no argument at all in my case, Home Office withdrawn their original desicion, presenting officer said in front of judge they withdraw appeal and withdraw original desicion and again reconsider my application.
8th of June I received letter from court that Home office withdrawn appeal, yesterday I recieved approval letter BRP and my Passport.
Thanks everyone !

[kavikkdi]

Hi gbptier1general
Thank you very much for your positive and energetic reply. I got my ILR LR.

Thanks

If I waited for FLR decision,

How am I eligible for ILR if that FLR refused ? That’s why I varied before took the decision.

I appealed in time and payment has been processed.
Waiting for hearing date.

Everyone this forum saying FTT and UTT does not allow this appeal as UTT already refused Ahmed case and that was reported.
I am worried, at least judge consider my case to allow leave to remain 30 months visa would be good at the moment.
We will see the outcome.
Thanks again your valuable time to read my case.
Thanks

If your FLR application had been successful, the period of overstay would have been ignored at ILR stage. This is not the case in your circumstances as you varied an out of time application to ILR LR, which was correctly refused as you did not have 10 years lawful residence.

IF you are fortunate to have success and get 30 months leave to remain, this will likely put you on a new 10 year route to ILR (4 x 2.5 year visas).

Hi kavikkdi ,
As per my Good knowledge u will probably get 30-Month Visa whr u need to cross 6-7Yys further to gain Next ILR/LR[7-Yrs legal stay ] NOT "10 year route to ILR (4 x 2.5 year visas)" as CR001 advised.
As CR001 said only Likely.
But I am sensing it is more likely to 6/7Yr LR which HO may highlight in ur Visa Approval letter provided ur Barrister does a Strong& confident JOB.[Out of Immigration Rules]
If HO gives u within Immigration rules then out come falls to 10 year route to ILR (4 x 2.5 year visas).
Good Luck!!!
Just BE confident & GoodSmart....Either way u r winning with Visa granted!
Pls keep updates to us&get updated too!

[CR001]

Hi gbptier1general
Thank you very much for your positive and energetic reply. I got my ILR LR.

Thanks

User 'gbptier1general' is no longer a member of the forum.

[kavikkdi]

Hi gbptier1general
Thank you very much for your positive and energetic reply. I got my ILR LR.

Thanks

User 'gbptier1general' is no longer a member of the forum.

Thanks !

[Sunny024]

Hi gbptier1general
Thank you very much for your positive and energetic reply. I got my ILR LR.

Thanks

User 'gbptier1general' is no longer a member of the forum.

Thanks !

Congrats
You are lucky as you got it even though similar case like yours was reported in UT and COA ,NOT SURE WHY HO argued on basis of Ahmad case in UT
Can you post the UT judgement please ,COA recently refused appeal for overstayers relying on 39e and 276b(v).