Pending Appeal and applicant completes 10 year Legal Stay

Friends...

Just want to share important information..as person like me were unable to get proper information except from good Forum Members like Amber and Obie


Dear UK Border Agency,

I read your '10 years long residency rule and private life' valid
from 5 October 2012. In page 28 there is a para
''If the applicant has an outstanding appeal against a decision to
refuse leave to remain or indefinite leave to remain, and submits
an application for long residence, the case must be voided and the
fee refunded. A file or sub file must be created and this should be
marked ‘PRIORITY’, and sent to the presenting officers unit (POU)
dealing with the appeal. A letter must be sent to the applicant or
their representative informing them their application has been
linked with their outstanding appeal. You must use Doc Gen letter
ICD.3207 for this purpose.''

My question is when it said it should be marked 'PRIORITY'. What
does it mean.Is it 10 years will get priority? or something else?
Please explain ASAP.

Yours faithfully,



Link to this


From: Settlement Ops Policy Mailbox
UK Border Agency

6 November 2012

Dear

Thank you for your email.

The paragraph above the one you quoted confirms that a person cannot submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

Therefore, if a long residency application is received from someone in these circumstances, a copy of it is sent to the presenting officer as a 'priority' so that the presenting officer can consider any additional information on the form with the appeal.

Yours sincerely

Settlement Operational Policy

show quoted sections

Link to this
From:

7 November 2012

Dear Settlement Ops Policy Mailbox,

In that case if someone's appeal is allowed by judge on that
additional (10 years long residency) ground, does the appellant
need to apply separately to the UKBA for ILR after appeal is
allowed by judge? Or court order is enough to grant him ILR ?

Yours sincerely,



Link to this
From: Settlement Ops Policy Mailbox
UK Border Agency

7 November 2012

Dear

If the judge allows the appeal on the basis of these additional grounds then the case will be referred back to UKBA for further consideration. This could be with direction from the judge on what the outcome of any reconsideration should be or merely a request to take into account the extra details. Either way you will not be required to make another paid application to get these factors considered.

Regards

Settlement Ops Policy

show quoted sections

Link to this
From: Settlement Ops Policy Mailbox
UK Border Agency

7 November 2012

Dear

If an Immigration Tribunal determines that the Secretary of State has incorrectly applied the Immigration Rules when considering an applicant's application and directs the Home Office to grant leave, provided the Secretary of State does not consider that the consideration contained an error of law, the applicant will not be required to apply to the UK Border to receive leave.

I hope this answers your query.

Kind regards


Settlement Operational Policy

show quoted sections

Link to this

Some part of that reply seems flawed to me.

If a Judge allows an appeal , on the basis that the person meets the requirement of the immigration rule, there is no reason for the person to make another ILR application.

The secretary of state will be required , according to my understanding of the law, to issue ILR to that person, or she will be guilty of contempt of court.

Obie wrote:Some part of that reply seems flawed to me.

If a Judge allows an appeal , on the basis that the person meets the requirement of the immigration rule, there is no reason for the person to make another ILR application.

The secretary of state will be required , according to my understanding of the law, to issue ILR to that person, or she will be guilty of contempt of court.

@Obie

What should be the best way to handle this situation ?

Go for appeal or withdraw the appeal and put ILR within 28 days?

Most of the solicitors r saying withdraw the appeal, do not complicate your case by going to hearing.

We all know if we withdraw section 3c will end and than no right to work or right to appeal if ILR refused. Worst case scenario if your application comes back as invalid due to (fee, photos, not fill mandatory section blah blah).

I guess my view on that is very clear. I have expressed it on many occasions, in many threads, which i am sure you have been part of . I have stressed the law, and the potential consequences of withdrawing.

Don't think it is appropriate for me to be repeating myself.

Yes Obie is right..


But you know.. Solicitors are fooling us..


My own solicitor who has my case...

says we will apply ilr and once we get acknowledgement we will withdraw..

they say no your 3c will not end..and it will carry on as you have your ilr application..

we know they are fooling.. but how disgrace on them that they treat us like this..

even one barrister.. i doubt that he is barrister.. told me to withdraw...




forum members are far far better then this so called barristers

Obie wrote:I guess my view on that is very clear. I have expressed it on many occasions, in many threads, which i am sure you have been part of . I have stressed the law, and the potential consequences of withdrawing.

Don't think it is appropriate for me to be repeating myself.

Unfortunately some legal adviser want little effort or work for maximum gain.

It is wrong for a lawyer to tell his or her client, that section 3C will continue to exist after they withdraw an appeal.

That is wholly outrageous.

Yes you right Obie

Little effort more gain..


One Solicitor who was true said.. add additional grounds of 10 year and HO is bound to give you ILR... and he said he will charge 1200 Pound.. He said no ILR fees will be asked by HO..

so in short in 1200 he is promising all..


other professionals... says withdraw appeal.. we will apply ILr.. and we will charge you 2000 pound plus HO fees 1000 some thing.





Suicide of professionalism..

Obie wrote:Unfortunately some legal adviser want little effort or work for maximum gain.

It is wrong for a lawyer to tell his or her client, that section 3C will continue to exist after they withdraw an appeal.

That is wholly outrageous.

Those are very significant sums of money. Thanks for giving ideas for my own clients.

At least a competent lawyer should be able to get the judge to allow the appeal in full or at the very least , get the matter remitted, so as to preserve section 3C, and get application varied.

Anything less is not a good job, and confers no legal certainty for you.

Obie wrote:Those are very significant sums of money. Thanks for giving ideas for my own clients.

At least a competent lawyer should be able to get the judge to allow the appeal in full or at the very least , get the matter remitted, so as to preserve section 3C, and get application varied.

Anything less is not a good job, and confers no legal certainty for you.

@Obie if we want to take your services on this matter. How to contact u outside this board?

Me too interested if you are ready to offer service
Seriously

Zee ali wrote:

Obie wrote:Those are very significant sums of money. Thanks for giving ideas for my own clients.

At least a competent lawyer should be able to get the judge to allow the appeal in full or at the very least , get the matter remitted, so as to preserve section 3C, and get application varied.

Anything less is not a good job, and confers no legal certainty for you.

@Obie if we want to take your services on this matter. How to contact u outside this board?

Hi, Had been reading this forum and never thought I'd been in this situation now. Had been a student from 15th Sept 2004 until 26th October 2012 finished Masters from UEL. and applied for FLR to attend my convocation due in December 2012 and got rejected and been given a chance for Tribunal on 09th Sept 2014 (Yeah after 2yrs) which was just 5 days short for completing 10yrs still don't know is that good or bad Luck, attended the tribunal on 9th Sept 2014 and tribunal decision was not given immediately, but expected the results would be given for Upper-Tribunal. Tribunal decision was pending and cash hungry Solicitor charged £1500 suggested to apply for SET(LR) along with FLR(M) for my dependent which we did on 11th Sept 2014. Sad news is both of us lost the existing jobs as our employer enquires (Home office Employee Check Services) on the recent applications, ECS came out negative. On 2nd October received Tribunal results as expected had been passed for upper-tribunals, no where to go, no work to do if we go to the solicitor she explains about section 3c & 3d and says HO had sent a wrong ESC and if we go to our employer they just show us the ECS letter from HO, already written many letters to HO but no reply, also need to add that I haven't written my Life in UK as the passport was with HO all this while but requested for a acknowledge copy to sit for the LIUK exam. So confused that I had to come here for proper guidance. Can any1 please suggest what to do next or atleast give a ray of hope. Thank in adv.

SET(LR) & FLR(M) application sent on - 11th Sept 2014.
HO. Acknowledgement received - 15th Sept 2014.
Bio-metrics received on 01/10/2014 and done on 17/10/2014.
Decision still pending.....

avylon wrote:Hi, Had been reading this forum and never thought I'd been in this situation now. Had been a student from 15th Sept 2004 until 26th October 2012 finished Masters from UEL. and applied for FLR to attend my convocation due in December 2012 and got rejected and been given a chance for Tribunal on 09th Sept 2014 (Yeah after 2yrs) which was just 5 days short for completing 10yrs still don't know is that good or bad Luck, attended the tribunal on 9th Sept 2014 and tribunal decision was not given immediately, but expected the results would be given for Upper-Tribunal. Tribunal decision was pending and cash hungry Solicitor charged £1500 suggested to apply for SET(LR) along with FLR(M) for my dependent which we did on 11th Sept 2014. Sad news is both of us lost the existing jobs as our employer enquires (Home office Employee Check Services) on the recent applications, ECS came out negative. On 2nd October received Tribunal results as expected had been passed for upper-tribunals, no where to go, no work to do if we go to the solicitor she explains about section 3c & 3d and says HO had sent a wrong ESC and if we go to our employer they just show us the ECS letter from HO, already written many letters to HO but no reply, also need to add that I haven't written my Life in UK as the passport was with HO all this while but requested for a acknowledge copy to sit for the LIUK exam. So confused that I had to come here for proper guidance. Can any1 please suggest what to do next or atleast give a ray of hope. Thank in adv.

SET(LR) & FLR(M) application sent on - 11th Sept 2014.
HO. Acknowledgement received - 15th Sept 2014.
Bio-metrics received on 01/10/2014 and done on 17/10/2014.
Decision still pending.....

So u r saying u put ILR and flrm application while your appeal is pending?

If that the case than u did wrong thing. They will send your application back as invalid because u can't put fresh application when appeal is pending.

Now just wait and see when they gonna send your application back (invalid). Request SAR from HO. Ask your solicitor to chase up your job thing. WHY ECS sent nagetive response ( may be u send fresh application) even though your appeal is pending but i think HO update their system with your new application and they have impression that u withdraw your appeal (my guess).

Zee ali = no mate we had attended the appeal hearing on 9th Sept and result of the judges hearing came on 2nd Oct 2014 but we had put the SET(LR) & FLR(M) applications in between these above dates..(on 11th sept 2014).

May be the case that...

Once decision of FTT came you didnt appealed in UTT as a result of which 3c ended....



so even if you put new application it dosent mean you are legal or 3c continues..

my idiot solicitor is claiming same thing that we will put ilr and withdraw appeal so 3c will continue

avylon wrote:Zee ali = no mate we had attended the appeal hearing on 9th Sept and result of the judges hearing came on 2nd Oct 2014 but we had put the SET(LR) & FLR(M) applications in between these above dates..(on 11th sept 2014).

So what would be my ultimate results from the HO? and is there any other go to this case? Just too curious to know!
I am worried all the 10yrs struggle would be wasted due to this idiotic step from my Lawyer..! PPL who had been through this can any one suggest or tell me what happened to your similar cases? tx in adv.

Nothing brother..

but to just wait May be God willing you will receive decision within 1 or 2 months...

but right to work.. please forget.. because it breaks once appeal is withdrawn.. or no appealed in the upper court within time limit...

rest seniors can guide you..

avylon wrote:So what would be my ultimate results from the HO? and is there any other go to this case? Just too curious to know!
I am worried all the 10yrs struggle would be wasted due to this idiotic step from my Lawyer..! PPL who had been through this can any one suggest or tell me what happened to your similar cases? tx in adv.

SO does that mean I am ILLEGAL now?

OVERSTAYER BUT AS U APPLIED SO NO ONE WILL TOUCH YOU GOD WILLING

NOT ILLEGAL

Usually the solicitors do same thing.. withdraw appeal and apply ilr

so each applicant in this case is like you.. so just pray.. and wait..

avylon wrote:SO does that mean I am ILLEGAL now?

@obie

One solicitor was advising me that once your 10 year finish

Send a letter that is

Reply to statement of additional grounds

That you have completed 10 years have done liuk UK degree and not been Out of UK more then 6 months

Attach copies of liuk and degree

Send one to HO presenting officer of appeal and one to tribunal

He said as you have two months to date of appeal if HO decide they have enough time to do all checks and also so that tribunal dosent be negative saying why u didn't informed this earlier


And tribunal too know about it and that you too have proof that you have informed them both parties

Please throw some light what happens if we do it

At least a competent lawyer should be able to get the judge to allow the appeal in full or at the very least , get the matter remitted, so as to preserve section 3C, and get application varied.

Anything less is not a good job, and confers no legal certainty for you.[/quote]

Just got update ...

One of my friends Tier 1 Business Visa was refused, and luckily his date was just after he finished his 10 Years.

In the appeal, the barrister didnt spoke anything about his 10 years legal stay. Means the barrister didnt added additional grounds of appeal.

He told that his barrister just asked that can they apply for ILR ? and HO and judge both said yes they can apply ILR.

But after 2-3 weeks the Judge refused the appeal, with right to go to UTT.

This means it is very important that barrister or solicitor mention the additional grounds that the applicant have finished 10 years.

smir wrote:Just got update ...

One of my friends Tier 1 Business Visa was refused, and luckily his date was just after he finished his 10 Years.

In the appeal, the barrister didnt spoke anything about his 10 years legal stay. Means the barrister didnt added additional grounds of appeal.

He told that his barrister just asked that can they apply for ILR ? and HO and judge both said yes they can apply ILR.

But after 2-3 weeks the Judge refused the appeal, with right to go to UTT.

This means it is very important that barrister or solicitor mention the additional grounds that the applicant have finished 10 years.

Hmmm


Better to send additional grounds 2 to 3 weeks prior to the hearing.

@smir i cant send and receive private messages so communicate with me here until administrator sort this problem

Zee ali wrote:

Obie wrote:Those are very significant sums of money. Thanks for giving ideas for my own clients.

At least a competent lawyer should be able to get the judge to allow the appeal in full or at the very least , get the matter remitted, so as to preserve section 3C, and get application varied.

Anything less is not a good job, and confers no legal certainty for you.

@Obie if we want to take your services on this matter. How to contact u outside this board?

@ZeeAli
Hi ZeeAli or anyone please answer my question..
My appeal permission to go UT is refused by Ftt..now my iaut-1 is pending..my question is
If UT refused permission aswell is there any chance to keep my current status alive????like JR or anything
Or only new application is solution for stay here anymore?????

How are you brother ??


Anyway... do you mean to send the bundle atleast 2-3 weeks ? or the additional grounds which I sent that ?

and thing which I sent will be condsidered ?

please reply

I am sending you messages since last 2-3 weeks

please confirm.....so I can get some

Zee ali wrote:

smir wrote:Just got update ...

One of my friends Tier 1 Business Visa was refused, and luckily his date was just after he finished his 10 Years.

In the appeal, the barrister didnt spoke anything about his 10 years legal stay. Means the barrister didnt added additional grounds of appeal.

He told that his barrister just asked that can they apply for ILR ? and HO and judge both said yes they can apply ILR.

But after 2-3 weeks the Judge refused the appeal, with right to go to UTT.

This means it is very important that barrister or solicitor mention the additional grounds that the applicant have finished 10 years.

Hmmm


Better to send additional grounds 2 to 3 weeks prior to the hearing.

@smir i cant send and receive private messages so communicate with me here until administrator sort this problem

smir wrote:How are you brother ??


Anyway... do you mean to send the bundle atleast 2-3 weeks ? or the additional grounds which I sent that ?

and thing which I sent will be condsidered ?

please reply

I am sending you messages since last 2-3 weeks

please confirm.....so I can get some

Zee ali wrote:

smir wrote:Just got update ...

One of my friends Tier 1 Business Visa was refused, and luckily his date was just after he finished his 10 Years.

In the appeal, the barrister didnt spoke anything about his 10 years legal stay. Means the barrister didnt added additional grounds of appeal.

He told that his barrister just asked that can they apply for ILR ? and HO and judge both said yes they can apply ILR.

But after 2-3 weeks the Judge refused the appeal, with right to go to UTT.

This means it is very important that barrister or solicitor mention the additional grounds that the applicant have finished 10 years.

Hmmm


Better to send additional grounds 2 to 3 weeks prior to the hearing.

@smir i cant send and receive private messages so communicate with me here until administrator sort this problem

Additional grounds

satsug wrote:

Zee ali wrote:

Obie wrote:Those are very significant sums of money. Thanks for giving ideas for my own clients.

At least a competent lawyer should be able to get the judge to allow the appeal in full or at the very least , get the matter remitted, so as to preserve section 3C, and get application varied.

Anything less is not a good job, and confers no legal certainty for you.

@Obie if we want to take your services on this matter. How to contact u outside this board?

@ZeeAli
Hi ZeeAli or anyone please answer my question..
My appeal permission to go UT is refused by Ftt..now my iaut-1 is pending..my question is
If UT refused permission aswell is there any chance to keep my current status alive????like JR or anything
Or only new application is solution for stay here anymore?????

Not at all.

New application within 28 days of UT refusal decision