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Ask Tamari Kokrashvili Your Own Question
Tamari Kokrashvili
Tamari Kokrashvili, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 372
Experience:  OISC, LLB (Hons) with International Law, Foundation in the UK Law
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I've just received my immigration decision in which I don't

Customer Question

I've just received my immigration decision in which I don't agree with and I'm looking to appeal. This is my 3rd visa awarded as leave to remain as I live with my British partner in the UK. I was 1st award a visa under the private life route in 2014. I renewed and was awarded leave to remain under 5 yr partner route in 2017. When I renewed this year, I applied for settlement as I completed 60 months and was only awarded leave to remain under 10 yr route although I've retained the same status since I applied in 2014. I would like to appeal and/or have decision reconsidered but I'm unsure on what basis I would have for appeal or reconsideration?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I'm a US citizen currently living with my UK partner in the UK have been since we were married in 1989. I was a US military forces member from 1984 to 1994. I originally arrived in the UK IN 1986. I settled in the UK with my UK partner in 1994 but failed to finalised my VISA in 1994 upon my discharge from military in 1994. I finally applied for a visa in 2014.
JA: Have you talked to a lawyer about the visa?
Customer: No, I've just received my latest decision for my 3rd visa on November 20th.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I applied for my initial/1st visa in 2013 and was refused. I took this to appeal and was awarded this visa in 2014.
Submitted: 6 days ago.
Category: Immigration Law
Expert:  Tamari Kokrashvili replied 6 days ago.

Good evening and thanks for your question. As I understand, you have applied for ILR but it was refused and instead your were put on 10 years spouse long residence route?

Customer: replied 6 days ago.
Yes, that is correct. My previous visa decision in 2017 was approved on 5 yr route.
Expert:  Tamari Kokrashvili replied 6 days ago.

OK, let me explain to you the way it is according to the law. Even though you were granted your leave in 2014 it was not under a spouse visa category but under private life. Because you were granted spouse visa only in 2017 you should now apply for its extension and you would be eligible for Indefinite Leave to Remain only after completing full five years on a spouse visa but not now.

Expert:  Tamari Kokrashvili replied 6 days ago.

Because you have ‘wrongly’ applied for Indefinite Leave to Remain now, Home Office exercised a discretion and that’s why they put you in a 10 years route instead of back to 5 years route.
You now have to options, either ask the Home Office to put you again in a 5 years route or complete 10 years legal residence in the UK and apply for Indefinite Leave to Remain based on that.

Expert:  Tamari Kokrashvili replied 6 days ago.

Unfortunately I do not see a reason why you would appeal this decision to be honest. Please ask me if you have more questions and I am happy to help

Expert:  Tamari Kokrashvili replied 6 days ago.
Hi are you still here?
Customer: replied 6 days ago.
The reason I feel the decision to refuse ILR is wrong as I've now completed 60 months. I now believed the decision originally made in 2014 may have been incorrect as my circumstances have not change since I applied in 2013?
Expert:  Tamari Kokrashvili replied 6 days ago.
I understand, but the way it works is that once you are granted a spouse visa you need to complete 5 years from that time, you to be eligible for ILR after 60 months.
Expert:  Tamari Kokrashvili replied 6 days ago.
Why they have given you visa under private life in 2014 is a different matter. I would consult a local MP who can write your concerns to the Home Office and they will reply back explaining why they have done so.
Expert:  Tamari Kokrashvili replied 6 days ago.
You can also request your files from the Home Office where you will be able to identify why you were given leave under private life in 2014 instead of spouse visa straight away.
Customer: replied 6 days ago.
I have the decision letter from 2014. It explains decision based on paragraph 276BE.
Customer: replied 6 days ago.
Based on the initial decision in 2014, am I only eligible for the 10 yr route?
Expert:  Tamari Kokrashvili replied 6 days ago.
Yes this decision is outside the immigration rules based on Article 8 which is again 10 year route.
Expert:  Tamari Kokrashvili replied 6 days ago.
Although if home office changed your leave to spouse visa in 2017 and you were put on 5 years route you could complete 60 months on the same spouse visa an application for an ILR after.
Customer: replied 6 days ago.
But it now looks like my recent decision has put me back on the 10 yr route. Again, their is no change in my circumstances, could they have refused the ILR and approved a decision on the 5 yr route?
Expert:  Tamari Kokrashvili replied 6 days ago.
No they would not do that because application was made for an ILR and bu granted you a leave they have exercised a discretion, in this case they would not put you on 5 year route. If you will send a letter to them also ask help your local MP they may put you back to 5 year route. But I can not guarantee this.
Expert:  Tamari Kokrashvili replied 6 days ago.
I would appreciate if you can give me a positive 5 star rating if you are satisfied with the answers provided today as it is crucial for me to maintain my services as it stands now.
Thanks in advance!
Customer: replied 6 days ago.
As I'm time limited to log an appeal or reconsideration, I would prefer to appeal and/or reconsideration.
Expert:  Tamari Kokrashvili replied 6 days ago.
Of course you can do that but as a legal professional, from my knowledge and experience I have provided an answer which I think I appreciate.
Expert:  Tamari Kokrashvili replied 6 days ago.
Sorry I mean - which I think is correct.
Expert:  Tamari Kokrashvili replied 6 days ago.
Please do provide a rating for today’s assistance. Thank you in advance
Customer: replied 6 days ago.
From my previous experience, my local MP was no help during my 2013-2014 application. As we are approaching a general election, my local MP could change on 12th December. I have no further questions. Thank you for your assistance.
Expert:  Tamari Kokrashvili replied 6 days ago.
I understand but if you will apply for reconsideration they will reconsider Indefinite Leave to Remain application itself and if you will appeal, it will be based on this decision as well. I am not allowed to give you wrong information or direction. Obviously decision is your which way to go.
Expert:  Tamari Kokrashvili replied 6 days ago.
Again, please do provide a rating because my assistance will not count otherwise at all. Thank you
Expert:  Tamari Kokrashvili replied 6 days ago.
Is that OK?
Expert:  Tamari Kokrashvili replied 5 days ago.

This is a kind reminder to provide a positive rating for the assistance provided.