10 years ILR & Apeeal refused

hi every one
i m in a very strange situation
got visa 31 dec 2003 arrived 22 jan 2004
7.5 years student
2 years psw
t1 visa applied but refused .. lodge an appeal 8 jan 2014 ... refusal Make a request to get permission to apply for Upper tribuinal but rejected again in a mean while i applied my ILR Application as my 10 years completed even before my 1st appeal
question is ... during an appeal process or upper tribuinal is your time count as a legal person or do we a full working right ?
still illegible for 10 years ?
please share your experience
Thanks

Did you withdraw your appeal? You should have informed the tribunal that you had completed 10 years during the appeal. You shouldn't submit a new application until the appeal is determined.

yes i withdraw my appeal but they refused my request as they said we reject your request for upper tribunal so your appeal is rejected
i apply 3 weeks before that .. the day i get bio metrics done next week appeal dismiss
than following week i wrote a letter to Home Office that only consider my ILR Application as My appeal is with drawn

Many thanks amber for a such quick reply

hi again
i have tell the judge as on my 1st hearing of appeal but it was not a very good day for me n judge was in a worst mood , she replied u can apply your 10 year rule in a right immigration category . not hear in an appeal but u can apply ..so i listen to her came back n applied next week still waiting for over 4 months no reply so far

Hi rizwan,

You sent ILR application before receiving determination from court?

After you applied ILR, you received receive determination of appeal been dismissed. And then you applied to upper tribunal for permission, which subsequently dismissed.

As you already completed 10y, thus you should have withdrawn appeal before applying for ILR.

You should have consulted a Good immigration lawyer, but now option is either wait more, or send a letter to home office through lawyer and explain the whole situation.

Good Luck.

@ rizwan janjua, whatever the situation since your ILR application was accepted even while appeal was on-going, you will get the ILR visa very soon so relax your mind and start planning for your next holiday.

Olasunkanmi wrote:@ rizwan janjua, whatever the situation since your ILR application was accepted even while appeal was on-going, you will get the ILR visa very soon so relax your mind and start planning for your next holiday.

So sorry to hear about this Rizwan.

Hi Olasunkanmi,

Can you please let me know how you are so sure that Rizwan will get his ILR. I am in the same situation as him, FTT allowed my appeal on 06 March 2014, My solicitor applied for (ILR 10 years LR)on 21 March 2014, I have since enrolled for biometric, then got notice of hearing to UT on 24 April 2014 (3 June 2014), HO has appealed FTT decision as Rodriguez was overturned by CA. I wasn't sure what will happen of my ILR application, is it valid, will HO invalidate it because of my UT hearing, or do they have to consider it as it's a valid application.

Please advise, Many thanks.

@ Mrs P., as long as you don't have any bad immigration history, you will get your ILR as well. From what you stated, you applied after your appeal have been decided at FTT and before HO appealed to UT.

If you have spent 10yrs legal stay in UK and you then apply for ILR, the ILR application has priority over all other pending cases as long as the application was accepted by HO.

Relax as well and expect your ILR visa soon and don't forget to keep us updated.

Thanks so much for your reply. I have a clean immigration history and you have given me hope now. I will keep updating.

Hi
Well thanks to every one specially /Olasunkanmi
I have a clean imigration history
Let's see what the results come ?

Fingers up

Thanks

@ Mrs P., as long as you don't have any bad immigration history, you will get your ILR as well. From what you stated, you applied after your appeal have been decided at FTT and before HO appealed to UT.

If you have spent 10yrs legal stay in UK and you then apply for ILR, the ILR application has priority over all other pending cases as long as the application was accepted by HO.

Relax as well and expect your ILR visa soon and don't forget to keep us updated.

my personal view......in case of appeal pending the ILR application cant be determined unless appeal decided or withdrawn. so the moment u completed ur 10y on late December 2013 (28days before completing 10y and had all document needed for ILR ready) u shud have written to appeal authority and applied for ILR the moment u get decision from appeal authority. so neither u shud have gone to appeal hearing nor wait for decision.

Hello, Thanks for your comment.

I applied for ILR, when my appeal was allowed by FTT, I had completed 10 years by then. Technically this appeal in UT is not mine as HO has appealed FTT decision as they know Rodriguez has been overruled and now they will win this appeal. Let's see what happens.

Olasunkanmi wrote:@ Mrs P., as long as you don't have any bad immigration history, you will get your ILR as well. From what you stated, you applied after your appeal have been decided at FTT and before HO appealed to UT.

If you have spent 10yrs legal stay in UK and you then apply for ILR, the ILR application has priority over all other pending cases as long as the application was accepted by HO.

Relax as well and expect your ILR visa soon and don't forget to keep us updated.

I think I always asked very difficultly question and get very limited respond !

Scenario:1
after all appeal dismissed if someone reapply for a visa and and again visa is refused,then does applicant got 28 days to decide for applying another visa or applicant will get in-country appeal after October 2014 ? and does those time is countable for 10 years time ?

Scenario:2
what is the current waiting time for upper tribunal and court of appeal hearing ?