Remedy: Depriving someone opportunity for applying for ILR

[sfeb405ip]

Hello,
In June 2008 my wife applied for visa as spouse / dependent of Work permit holder. This was refused in August 2008. We appeal against ECO’s decision in September as husband and sponsor. I was eligible for ILR on 18/09/2008 but wanted to apply with my wife for ILR but reluctantly had to apply and got my ILR in December 2008. In May 2009, we lost our appeal against ECO’s decision but applied for reconsideration by senior judge. Senior Judge allowed our appeal in August 2009 and order re-assessment at a fresh hearing. Now in November 2009 we got the ordered for this re-assessment and in this reassessment we have won i.e. order says Judge in our previous appeal (against ECO) erred in Law and that ECO was wrong in refusing my wife spouse/ depended visa.

In getting all this wrong right, my wife has been deprived of her opportunity of getting ILR which she would have availed and would applied for ILR with me in December if she was in UK had ECO not erred and refused her application. My questions is can she apply immediately for ILR once she is in UK? If not why? My simple logic is if it’s not your mistake you should be made to suffer for it.
Please advise
FB

[z.yas]

Hello,
In June 2008 my wife applied for visa as spouse / dependent of Work permit holder. This was refused in August 2008. We appeal against ECO’s decision in September as husband and sponsor. I was eligible for ILR on 18/09/2008 but wanted to apply with my wife for ILR but reluctantly had to apply and got my ILR in December 2008. In May 2009, we lost our appeal against ECO’s decision but applied for reconsideration by senior judge. Senior Judge allowed our appeal in August 2009 and order re-assessment at a fresh hearing. Now in November 2009 we got the ordered for this re-assessment and in this reassessment we have won i.e. order says Judge in our previous appeal (against ECO) erred in Law and that ECO was wrong in refusing my wife spouse/ depended visa.

In getting all this wrong right, my wife has been deprived of her opportunity of getting ILR which she would have availed and would applied for ILR with me in December if she was in UK had ECO not erred and refused her application. My questions is can she apply immediately for ILR once she is in UK? If not why? My simple logic is if it’s not your mistake you should be made to suffer for it.
Please advise
FB

Interesting... well obviously you had no control over her visa decision, but what you could have done is waited for her visa to appove and then applied for your ILR. Looks like that you were only prepared to wait for 3 months, and given that you lost the appeal 5 months after your ILR application, why do you think she's been deprived of the opportunity by others?

[rajakotala]

Hello,
In June 2008 my wife applied for visa as spouse / dependent of Work permit holder. This was refused in August 2008. We appeal against ECO’s decision in September as husband and sponsor. I was eligible for ILR on 18/09/2008 but wanted to apply with my wife for ILR but reluctantly had to apply and got my ILR in December 2008. In May 2009, we lost our appeal against ECO’s decision but applied for reconsideration by senior judge. Senior Judge allowed our appeal in August 2009 and order re-assessment at a fresh hearing. Now in November 2009 we got the ordered for this re-assessment and in this reassessment we have won i.e. order says Judge in our previous appeal (against ECO) erred in Law and that ECO was wrong in refusing my wife spouse/ depended visa.

In getting all this wrong right, my wife has been deprived of her opportunity of getting ILR which she would have availed and would applied for ILR with me in December if she was in UK had ECO not erred and refused her application. My questions is can she apply immediately for ILR once she is in UK? If not why? My simple logic is if it’s not your mistake you should be made to suffer for it.
Please advise
FB

Interesting... well obviously you had no control over her visa decision, but what you could have done is waited for her visa to appove and then applied for your ILR. Looks like that you were only prepared to wait for 3 months, and given that you lost the appeal 5 months after your ILR application, why do you think she's been deprived of the opportunity by others?

And the answer is ???????????????????????

[z.yas]

Hello,
In June 2008 my wife applied for visa as spouse / dependent of Work permit holder. This was refused in August 2008. We appeal against ECO’s decision in September as husband and sponsor. I was eligible for ILR on 18/09/2008 but wanted to apply with my wife for ILR but reluctantly had to apply and got my ILR in December 2008. In May 2009, we lost our appeal against ECO’s decision but applied for reconsideration by senior judge. Senior Judge allowed our appeal in August 2009 and order re-assessment at a fresh hearing. Now in November 2009 we got the ordered for this re-assessment and in this reassessment we have won i.e. order says Judge in our previous appeal (against ECO) erred in Law and that ECO was wrong in refusing my wife spouse/ depended visa.

In getting all this wrong right, my wife has been deprived of her opportunity of getting ILR which she would have availed and would applied for ILR with me in December if she was in UK had ECO not erred and refused her application. My questions is can she apply immediately for ILR once she is in UK? If not why? My simple logic is if it’s not your mistake you should be made to suffer for it.
Please advise
FB

Interesting... well obviously you had no control over her visa decision, but what you could have done is waited for her visa to appove and then applied for your ILR. Looks like that you were only prepared to wait for 3 months, and given that you lost the appeal 5 months after your ILR application, why do you think she's been deprived of the opportunity by others?

And the answer is ???????????????????????

rajakotala - not sure what does your answer mean, but would love to know if its in response to my post.

[rajakotala]

Hello,
In June 2008 my wife applied for visa as spouse / dependent of Work permit holder. This was refused in August 2008. We appeal against ECO’s decision in September as husband and sponsor. I was eligible for ILR on 18/09/2008 but wanted to apply with my wife for ILR but reluctantly had to apply and got my ILR in December 2008. In May 2009, we lost our appeal against ECO’s decision but applied for reconsideration by senior judge. Senior Judge allowed our appeal in August 2009 and order re-assessment at a fresh hearing. Now in November 2009 we got the ordered for this re-assessment and in this reassessment we have won i.e. order says Judge in our previous appeal (against ECO) erred in Law and that ECO was wrong in refusing my wife spouse/ depended visa.

In getting all this wrong right, my wife has been deprived of her opportunity of getting ILR which she would have availed and would applied for ILR with me in December if she was in UK had ECO not erred and refused her application. My questions is can she apply immediately for ILR once she is in UK? If not why? My simple logic is if it’s not your mistake you should be made to suffer for it.
Please advise
FB

Interesting... well obviously you had no control over her visa decision, but what you could have done is waited for her visa to appove and then applied for your ILR. Looks like that you were only prepared to wait for 3 months, and given that you lost the appeal 5 months after your ILR application, why do you think she's been deprived of the opportunity by others?

And the answer is ???????????????????????

rajakotala - not sure what does your answer mean, but would love to know if its in response to my post.

since you don't know what i meant it won't help even if i tell you if it was in response to your counter question .............so i would say pass ............