10 years long residence, ILR while appeal pending

Hi guys,

I came to UK in 2nd week May 2004 on a student visa. I have renewed my student visa each time without any overstay. Our child was born in April 2013. In August 2013, after expiry of my student visa, I asked for further leave to remain while my husband was applying for ILR. This was refused but I was given right of appeal which I did in Oct 2013. I had a tribunal hearing in March 2014 in which the judge referred the case back to Home Office as the refusal of leave did not take my child's interest for consideration. Now that I have completed 10 years lawful residence, done a PET Academic test and Life in Uk test, do I:
1. resubmit appeal with further grounds to highlight that I completed 10yrs and done the english and life in Uk test (knowing that according to the new Immigration Law effective as from last week, I won't be given a right of no appeal if my initial one is refused).
2. withdraw my appeal and submit fresh application for 10yrs long residence (knowing that this would make me an overstayer and under section 3c and 3d, I cannot make a new application)

Reading the last posts, I found that some advises changing the grounds of appeal and some advises to submit a fresh ILR application but with the new Immigration Law giving no right of appeal, what is the best choice in my case?

Thanks.

Vary the application to SET(LR).

Thanks Amber....

This is just an update to my case. I got a call from my solicitor by 3rd wk of June saying that the tribunal approved my appeal and granted me ILR and that they have asked the Home Office to implement the tribunal's decision. How long am I looking to wait for my ILR and biometric residence permit?

Hello. This in another update on my case and I need some expert advice. In June the appeals tribunal granted me further leave to remain and not ILR. My solicitor told me that we need to apply for ILR which I did in August. The question is I know that one can't put a fresh application for ILR while appeal is pending under 3c,3d. But in my case tribunal granted my appeal and I lodge a new application before receiving anything from HomeOffice abt the tribunal's decision. Am I doing the right thing or not?
Furthermore, how long will HO take for the ILR application now? R they going to treat it as a fresh application or are they going to treat it as one which vary grounds of appeal?
Is there anyone who consulted this website and has similar immigration history to me share their journey?

Hi there,

I have been a silent reader in this forum for a long time. I am pleased to say that after 5 months wait, I have been granted ILR on the 20/01/15. I have come to this forum mainly to see other people experiences in regard to ILR application. I have learnt so much on this forum and that is why I'm also sharing my details so that someone else can benefit from my application journey. There are a few things that I have learnt from this experience that I think will help new applicants:

1. Every application is unique. I've been on this forum everyday researching time scales, reading about other people experiences, trying to compare my journey with other people. At the end of the day, it is like crossing a big forest. There are so many pathways, so similar but each different from one another. So do learn from our experiences but always remember your case is unique.

2. Have a lot of patience. It's been a long journey towards ILR and the wait is so exhausting and stressful as well. Don't let it get to you. My hubby told me that on the day I got my ILR, I was a changed person and that during the 5 months wait, he felt so much anxiety and negative vibes from me. I now realise that yes I did let the stress affect me personally and that's not good for people around you. So do have a good support system around you no matter how easy or complicated your case is.

3. Have faith. Some people pray, others meditate, some laugh and some have a good cry, but whatever you do, have faith in yourselves and people around you. I have never used any professional help to renew my visa before but for my ILR, I did use a solicitor. There are so many people who have processed their application themselves. If you are confident, then go ahead and do it but do remember to check the HO website for all the rules and changes made.

Congrats to all of you who have been granted their ILR, Good Luck to all those who are still waiting for a decision and to all those who have been rejected, don't be beaten down and prepare some good arguments to fight your case.

I hope this forum continue to help other people as much as it did to me. I will still come back to this forum for more help in the future and a big massive thank you to all the people contributing in the forum, please continue to do so.

I have put my details on the google drive

Hi there

Congrats on your ILR success. I wonder if you would mind sharing your hearing dates, appeal outcomes and the HO Actions/responses. I understand the following, reading your posts but still trying to figure out the actual flow of the entire process and timelines.

• Mar 14: Appeal allowed at FTT Hearing.
  HO challenged the determination and permission was granted to HO to appeal; what was the error of law?
  
  May 14 - 10 yrs lawful stay completed.
  Did you add this as an appeal ground and was it taken into consideration by the UT judges? What were the arguments put forward by the presenting officer?
  
  Jun 14: Appeal dismissed at UT hearing which means you won again.
  I wonder why you waited 2 months to vary your leave?
  
  Aug 14: Vary to ILR (LR) and approved in Jan 2015

Please correct me if I got something wrong.

Thanks in advance for your time.

nj26 wrote:This is just an update to my case. I got a call from my solicitor by 3rd wk of June saying that the tribunal approved my appeal and granted me ILR and that they have asked the Home Office to implement the tribunal's decision. How long am I looking to wait for my ILR and biometric residence permit?

Hi
Can you please advice like what did you do in the end. Did you vary the appeal or did you send a fresh application in the end ?

Many Thanks,