fresh application after appeal dismissed and long residency

well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter

tanvir1985th wrote:well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter

I have asked the same from a few experts around and was been told if your appeal has been dismissed you can make a fresh application in 28 days and you will be fine with 10 years long residency. But if your fresh application get refused then your 10 years continuity will break.

wow99 wrote:

tanvir1985th wrote:well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter

I have asked the same from a few experts around and was been told if your appeal has been dismissed you can make a fresh application in 28 days and you will be fine with 10 years long residency. But if your fresh application get refused then your 10 years continuity will break.

well i need a strong proof regarding that. because long residency guidance does not answer this question straightway rather in some sense it says continuity will be broken

Hi guys,
An actual leave expires with the expiry date on a biometric card, an applicant off course would have applied for an extension, switching etc before it expired if it goes successful then again expiry date on your new biometric is when your leave expires, if this applicant faces a refusal the day he receives a refusal is the day his status to be an illegal immigrant unless he lodges an appeal if he wins his status is reinstated back to normal as a person with valid leave because decision to refuse this application was wrong.
You get given 28 days once you face a refusal (this includes UKBA decision, first tribunal and upper tribunal) that enables you to re-apply or make new application into a different category is a provision which does not confer a right for an add on the time as to complete 10 years.
For those who complete their 10 year on the day or before they receive the determination their claim towards 10 years long residency is subject to appeal decision. The moment you withdraw the appeal to submit any new application FLR or ILR is the moment your leave and status expire, by doing so you admit the decision to refuse an application was right, and then any new submission is on their merit.
One and only way to win 10 years long residency is to win an appeal, on arrival of a positive determination an applicant should send a varied application(ILR, if 10 years complete) without any further delays.
Sorry it cause a heart break
Thanks,

Have u already completed 10 years while waiting for appeal outcome? If yes than your 10 years long term residency is not broken and this is according to my research about this

Regards

tanvir1985th wrote:well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter

rehan01 wrote:Have u already completed 10 years while waiting for appeal outcome? If yes than your 10 years long term residency is not broken and this is according to my research about this

Regards

tanvir1985th wrote:well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter

no i havent. well i am certain about this anyway. but my question is about what happens after fresh application?

If u haven't than reapplying within same or different category will break term residency 10 years ...... So to keep it alive appeal appeal and must win appeal


Hope this answer your question

Regards

tanvir1985th wrote:

rehan01 wrote:Have u already completed 10 years while waiting for appeal outcome? If yes than your 10 years long term residency is not broken and this is according to my research about this

Regards

tanvir1985th wrote:well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter

no i havent. well i am certain about this anyway. but my question is about what happens after fresh application?

Princess of Ammi wrote:Hi guys,
An actual leave expires with the expiry date on a biometric card, an applicant off course would have applied for an extension, switching etc before it expired if it goes successful then again expiry date on your new biometric is when your leave expires, if this applicant faces a refusal the day he receives a refusal is the day his status to be an illegal immigrant unless he lodges an appeal if he wins his status is reinstated back to normal as a person with valid leave because decision to refuse this application was wrong.
You get given 28 days once you face a refusal (this includes UKBA decision, first tribunal and upper tribunal) that enables you to re-apply or make new application into a different category is a provision which does not confer a right for an add on the time as to complete 10 years.
For those who complete their 10 year on the day or before they receive the determination their claim towards 10 years long residency is subject to appeal decision. The moment you withdraw the appeal to submit any new application FLR or ILR is the moment your leave and status expire, by doing so you admit the decision to refuse an application was right, and then any new submission is on their merit.
One and only way to win 10 years long residency is to win an appeal, on arrival of a positive determination an applicant should send a varied application(ILR, if 10 years complete) without any further delays.
Sorry it cause a heart break
Thanks,

princess of ammi would u mind reading page 20 of long residency guideline of ukba where it talks about out of time application made on or after 9 july 2012 and let me know what u think? thanks for yr time

I met this man personally so let me share my experience.

His appeal was dismissed by first-tier tribunal to extend leave as post study work applicant
Reasons

1. deception because his level 7 diploma was not varified
2. he did not disclose traffic offense

after first tier tribunal dismissal he applied for ILR on the basis of 10 years long residency and he was in uk for the last 9 years and 6 month by the time when he made new application.

home office took several months to decide his new application. he got ILR successfully on the new application made after First tier tribunal dismissal when his total stay reached 10 years 3 days .

gulrose786 wrote:I met this man personally so let me share my experience.

His appeal was dismissed by first-tier tribunal to extend leave as post study work applicant
Reasons

1. deception because his level 7 diploma was not varified
2. he did not disclose traffic offense

after first tier tribunal dismissal he applied for ILR on the basis of 10 years long residency and he was in uk for the last 9 years and 6 month by the time when he made new application.

home office took several months to decide his new application. he got ILR successfully on the new application made after First tier tribunal dismissal when his total stay reached 10 years 3 days .

Thanks for sharing your experience.
This would help many ppl who are in a same the boat
Regards

I would like to know :

I apply for ILR while having leave to remain and got rejected with right of appeal - If i get refused on my appeal

1.Would I be given any time to make fresh application ?

2. does the time between the rejection of first application till the second fresh application consider to be lawful residence for ILR 10 years long residency basis.

Mate Tanvir 1985th,

i am on the same situation now as you were. could you please update me, if fresh application by withdrawing the appeal counts towards a long residency.

I will appreciate it mate if you could reply to my question.

regards
Robeenson`1

robeenson12 wrote:Mate Tanvir 1985th,

i am on the same situation now as you were. could you please update me, if fresh application by withdrawing the appeal counts towards a long residency.

I will appreciate it mate if you could reply to my question.

regards
Robeenson`1

Yes it does count to long residency if application is made within 28 days and then approved.