ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO MAKE

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
rogerf
Newly Registered
Posts: 10
Joined: Tue May 19, 2015 12:23 am

LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO MAKE

Post by rogerf » Tue May 19, 2015 1:21 pm

hi forum members..

I am bit worried about what is happening and what are the chances of being successful completing 10 years.
I will really appreciate your suggestions.
chronology as below,
entered in the uk: jun-2006 , student
1st extension student : 2007
2nd extension for psw applied in sep-2009 --> issued psw in 2009-jul
applied for tier 4 student in jun 2011---> refused in sep-2011 -->> appealed won in march-2012 with 60 days to find another college.
I then changed the tier4 to that of tier 1 entrepreneur, and applied in may-2012
tier 1 refused - jan-2013 --> appeal heard in jun-->2013 , judge asked HO to reconsider under old rules.
HO refused again in jan-2014 --> appealed heard in FT in july-2014 --> dismissed in aug-2014
permission asked from FT ,,refused
permission to appeal to the UT to appeal to UT refused in jan-2015. no further right of appeal given.
applied for flr(o) in 28days. havent got biometrics yet, but hoping to get soon.
I have my wife and 2 kids here. 1st 3.5 years and 2nd 1.5 years. Kids both born here uk and havent left the country.
can anyone answer following please.
1-what about my right to work ? flr (o) still pending..
2-can I change the application to a different category e.g ILR or tier 2 while flr(o) is pending ?
3-how long does it take for the outcome after the biometrics are done on flr(o) ?
if flr (o) is refused,, can I get appeal right ? or can I ask for re-consideration ?
4-if HO reconsiders the application .. does this time count towards 10 years long residency ?
5- is my long residency broke when UT refused permission to appeal to UT and i had to apply for flr(o)
6- i want to spend 1 more year with legal status in the country and therefore need some advise how to proceed further ...

I am really confused and scared , what will happen ? i do not want to break the long residency ..
as due in may-2016 for ILR.

please advise forum members ..

thanks in advance..
rog

dominic
Newly Registered
Posts: 11
Joined: Thu Feb 12, 2015 2:28 pm

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by dominic » Tue May 19, 2015 3:06 pm

roger,

i am not really sure but your residency is not broken yet as you have applied within 28 days time after UT decision.
hope your 10yrs will be ok.
but get some suggestion from solicitor i suggest.
take care/ good luck

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by Zee ali » Tue May 19, 2015 8:10 pm

rogerf wrote:hi forum members..

I am bit worried about what is happening and what are the chances of being successful completing 10 years.
I will really appreciate your suggestions.
chronology as below,
entered in the uk: jun-2006 , student
1st extension student : 2007
2nd extension for psw applied in sep-2009 --> issued psw in 2009-jul
applied for tier 4 student in jun 2011---> refused in sep-2011 -->> appealed won in march-2012 with 60 days to find another college.
I then changed the tier4 to that of tier 1 entrepreneur, and applied in may-2012
tier 1 refused - jan-2013 --> appeal heard in jun-->2013 , judge asked HO to reconsider under old rules.
HO refused again in jan-2014 --> appealed heard in FT in july-2014 --> dismissed in aug-2014
permission asked from FT ,,refused
permission to appeal to the UT to appeal to UT refused in jan-2015. no further right of appeal given.
applied for flr(o) in 28days. havent got biometrics yet, but hoping to get soon.
I have my wife and 2 kids here. 1st 3.5 years and 2nd 1.5 years. Kids both born here uk and havent left the country.
can anyone answer following please.
1-what about my right to work ? flr (o) still pending..

No right to work as section 3c ends

2-can I change the application to a different category e.g ILR or tier 2 while flr(o) is pending ?

Yes

3-how long does it take for the outcome after the biometrics are done on flr(o) ?

1 or 1.5 months

if flr (o) is refused,, can I get appeal right ? or can I ask for re-consideration ?

No appeal right. Reconsideration request will not be accepted. Only option is JR.

4-if HO reconsiders the application .. does this time count towards 10 years long residency ?

No

5- is my long residency broke when UT refused permission to appeal to UT and i had to apply for flr(o)

If u get flr o visa ( impossible to get ) than continuity will not break

6- i want to spend 1 more year with legal status in the country and therefore need some advise how to proceed further ...

No chance

I am really confused and scared , what will happen ? i do not want to break the long residency ..
as due in may-2016 for ILR.

please advise forum members ..

thanks in advance..
rog
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

rogerf
Newly Registered
Posts: 10
Joined: Tue May 19, 2015 12:23 am

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by rogerf » Tue May 19, 2015 11:37 pm

Zee ali wrote:
rogerf wrote:hi forum members..

I am bit worried about what is happening and what are the chances of being successful completing 10 years.
I will really appreciate your suggestions.
chronology as below,
entered in the uk: jun-2006 , student
1st extension student : 2007
2nd extension for psw applied in sep-2009 --> issued psw in 2009-jul
applied for tier 4 student in jun 2011---> refused in sep-2011 -->> appealed won in march-2012 with 60 days to find another college.
I then changed the tier4 to that of tier 1 entrepreneur, and applied in may-2012
tier 1 refused - jan-2013 --> appeal heard in jun-->2013 , judge asked HO to reconsider under old rules.
HO refused again in jan-2014 --> appealed heard in FT in july-2014 --> dismissed in aug-2014
permission asked from FT ,,refused
permission to appeal to the UT to appeal to UT refused in jan-2015. no further right of appeal given.
applied for flr(o) in 28days. havent got biometrics yet, but hoping to get soon.
I have my wife and 2 kids here. 1st 3.5 years and 2nd 1.5 years. Kids both born here uk and havent left the country.
can anyone answer following please.
1-what about my right to work ? flr (o) still pending..

No right to work as section 3c ends

2-can I change the application to a different category e.g ILR or tier 2 while flr(o) is pending ?

Yes

3-how long does it take for the outcome after the biometrics are done on flr(o) ?

1 or 1.5 months

if flr (o) is refused,, can I get appeal right ? or can I ask for re-consideration ?

No appeal right. Reconsideration request will not be accepted. Only option is JR.

4-if HO reconsiders the application .. does this time count towards 10 years long residency ?

No

5- is my long residency broke when UT refused permission to appeal to UT and i had to apply for flr(o)

If u get flr o visa ( impossible to get ) than continuity will not break

6- i want to spend 1 more year with legal status in the country and therefore need some advise how to proceed further ...

No chance

I am really confused and scared , what will happen ? i do not want to break the long residency ..
as due in may-2016 for ILR.

please advise forum members ..

thanks in advance..
rog
thanks mr zee.
my income was 28k+ on average since last 5 years. can i ask HO to give me sometime to find a sponsor or even my employer can hep me out,if i request ..
i was suggested by few people to apply for ILR ?? how long does the process of ILR TAKE ? ANY IDEA ?

THANKS AGAIN

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by Obie » Wed May 20, 2015 12:58 am

You cannot apply for ILR until June 2016, applying now will only be a waste of money.

It would have been better to make a good application with a reasonable prospect of success, as it will be the end of the road if this application you have made fails.
Smooth seas do not make skilful sailors

rogerf
Newly Registered
Posts: 10
Joined: Tue May 19, 2015 12:23 am

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by rogerf » Wed May 20, 2015 9:41 am

thanks obie to shed light..

as you must aware that my passport is with HO, and can't even appear in IELTS so that can apply for studies.
tier 2 is an option but don't know how far will it take?
IF I APPLY FOR ILR, can i get right of appeal ?
and finally, if flr(o) refuses, and i go for JR does this time count towards 10 yrs ?

thanks obie. will wait for your reply.

tajammul77
Junior Member
Posts: 50
Joined: Tue Apr 28, 2015 2:35 am

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by tajammul77 » Fri May 22, 2015 12:03 am

Zee ali wrote:
rogerf wrote:hi forum members..

I am bit worried about what is happening and what are the chances of being successful completing 10 years.
I will really appreciate your suggestions.
chronology as below,
entered in the uk: jun-2006 , student
1st extension student : 2007
2nd extension for psw applied in sep-2009 --> issued psw in 2009-jul
applied for tier 4 student in jun 2011---> refused in sep-2011 -->> appealed won in march-2012 with 60 days to find another college.
I then changed the tier4 to that of tier 1 entrepreneur, and applied in may-2012
tier 1 refused - jan-2013 --> appeal heard in jun-->2013 , judge asked HO to reconsider under old rules.
HO refused again in jan-2014 --> appealed heard in FT in july-2014 --> dismissed in aug-2014
permission asked from FT ,,refused
permission to appeal to the UT to appeal to UT refused in jan-2015. no further right of appeal given.
applied for flr(o) in 28days. havent got biometrics yet, but hoping to get soon.
I have my wife and 2 kids here. 1st 3.5 years and 2nd 1.5 years. Kids both born here uk and havent left the country.
can anyone answer following please.
1-what about my right to work ? flr (o) still pending..

No right to work as section 3c ends

2-can I change the application to a different category e.g ILR or tier 2 while flr(o) is pending ?

Yes

3-how long does it take for the outcome after the biometrics are done on flr(o) ?

1 or 1.5 months

if flr (o) is refused,, can I get appeal right ? or can I ask for re-consideration ?

No appeal right. Reconsideration request will not be accepted. Only option is JR.

4-if HO reconsiders the application .. does this time count towards 10 years long residency ?

No

5- is my long residency broke when UT refused permission to appeal to UT and i had to apply for flr(o)

If u get flr o visa ( impossible to get ) than continuity will not break

6- i want to spend 1 more year with legal status in the country and therefore need some advise how to proceed further ...

No chance

I am really confused and scared , what will happen ? i do not want to break the long residency ..
as due in may-2016 for ILR.

please advise forum members ..

thanks in advance..
rog

Hi Zee Ali

How can u say there is no appeal right whereas on the flr o form its written
"DUTY TO STATE ALL REASONS TO REMAIN IN THE UNITED KINGDOM
All your reasons or grounds for wishing to stay in the United Kingdom must be
stated in this application. This requirement is being given under section 120 of
the Nationality, Immigration and Asylum Act 2002. If you do not tell us now of
any reasons or grounds for remaining in the United Kingdom and you tell us later
without good reason, you will lose any right of appeal you may have otherwise
qualified for if we refuse your claim. You can use the box at the end of section 9."

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by Zee ali » Fri May 22, 2015 1:14 am

tajammul77 wrote:
Zee ali wrote:
rogerf wrote:hi forum members..

I am bit worried about what is happening and what are the chances of being successful completing 10 years.
I will really appreciate your suggestions.
chronology as below,
entered in the uk: jun-2006 , student
1st extension student : 2007
2nd extension for psw applied in sep-2009 --> issued psw in 2009-jul
applied for tier 4 student in jun 2011---> refused in sep-2011 -->> appealed won in march-2012 with 60 days to find another college.
I then changed the tier4 to that of tier 1 entrepreneur, and applied in may-2012
tier 1 refused - jan-2013 --> appeal heard in jun-->2013 , judge asked HO to reconsider under old rules.
HO refused again in jan-2014 --> appealed heard in FT in july-2014 --> dismissed in aug-2014
permission asked from FT ,,refused
permission to appeal to the UT to appeal to UT refused in jan-2015. no further right of appeal given.
applied for flr(o) in 28days. havent got biometrics yet, but hoping to get soon.
I have my wife and 2 kids here. 1st 3.5 years and 2nd 1.5 years. Kids both born here uk and havent left the country.
can anyone answer following please.
1-what about my right to work ? flr (o) still pending..

No right to work as section 3c ends

2-can I change the application to a different category e.g ILR or tier 2 while flr(o) is pending ?

Yes

3-how long does it take for the outcome after the biometrics are done on flr(o) ?

1 or 1.5 months

if flr (o) is refused,, can I get appeal right ? or can I ask for re-consideration ?

No appeal right. Reconsideration request will not be accepted. Only option is JR.

4-if HO reconsiders the application .. does this time count towards 10 years long residency ?

No

5- is my long residency broke when UT refused permission to appeal to UT and i had to apply for flr(o)

If u get flr o visa ( impossible to get ) than continuity will not break

6- i want to spend 1 more year with legal status in the country and therefore need some advise how to proceed further ...

No chance

I am really confused and scared , what will happen ? i do not want to break the long residency ..
as due in may-2016 for ILR.

please advise forum members ..

thanks in advance..
rog

Hi Zee Ali

How can u say there is no appeal right whereas on the flr o form its written
"DUTY TO STATE ALL REASONS TO REMAIN IN THE UNITED KINGDOM
All your reasons or grounds for wishing to stay in the United Kingdom must be
stated in this application. This requirement is being given under section 120 of
the Nationality, Immigration and Asylum Act 2002. If you do not tell us now of
any reasons or grounds for remaining in the United Kingdom and you tell us later
without good reason, you will lose any right of appeal you may have otherwise
qualified for if we refuse your claim
. You can use the box at the end of section 9."
@tajammul77

Red text says it all.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

rogerf
Newly Registered
Posts: 10
Joined: Tue May 19, 2015 12:23 am

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by rogerf » Fri May 22, 2015 2:28 am

proper confused me.
but i really want to amend the application made,
any chance of doing so..?
current application flro,, want to change it to ILR , they will refuse i am sure because of not 10yrs completed yet,
but i think i will apply for flro at that time..
let s see,,,
any idea how this will go ?

thanks guys for your valuable time

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by Obie » Fri May 22, 2015 5:57 pm

I think Zee Ali's advise was sound, save for the appeal rights aspect.

With the changes to appeal right, the OP may well be given a further right of appeal.
Smooth seas do not make skilful sailors

rogerf
Newly Registered
Posts: 10
Joined: Tue May 19, 2015 12:23 am

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by rogerf » Sat May 23, 2015 2:36 am

Obie wrote:I think Zee Ali's advise was sound, save for the appeal rights aspect.

With the changes to appeal right, the OP may well be given a further right of appeal.

thank you obie,

can you please kindly explain : the OP may well be given a further right of appeal,does that mean i have chances of getting appeal rights ?
and what does OP stands for ? i am new to this forum and many things are new for me...
also,,,, save for the appeal rights aspect... please can you explain this term aswell.

many thanks in advance

rogerf
Newly Registered
Posts: 10
Joined: Tue May 19, 2015 12:23 am

Re: LONG RESIDENCY-CONFUSED ON WHAT FURTHER APPLICATION TO M

Post by rogerf » Tue May 26, 2015 2:12 am

Hi Obie, zee ali,

any idea about my previous question.
please reply.
thanks

Locked
cron