10 years of ILR and Appeal in UT

asifKhan00145 · Post by **asifKhan00145** » Thu Oct 30, 2014 10:06 am

Dear Friends,

My 10 years of long residency have been completed but my case is in UT due to the rejection of Tier 4 visa. Now I want to file my ILR application. Can you please tell me what should I do now.
1. Should I withdraw my appeal first then apply for ILR? or
2. Can I apply for ILR without withdrawal of my appeal.

Waiting your kind reply,
Best Regards
Asif

asifKhan00145 · Post by **asifKhan00145** » Thu Oct 30, 2014 5:21 pm

Any body guide me in this situation pls

Zee ali · Post by **Zee ali** » Thu Oct 30, 2014 5:49 pm

http://www.immigrationboards.com/indefi ... 74976.html

Read this post first

Withdraw the appeal and get the appeal withdrawn confirmation from the court than apply set lr

FaisalKhan100 · Post by **FaisalKhan100** » Thu Oct 30, 2014 10:15 pm

Hi Amber...obie and other respectfyl members...

Sorry I am interrupting you but my question is relating to same scenario....
If someone withdraw the appeal from UT and then in how many days he has to apply for ILR. I am also facing the same problem. Some obe told me if U wuthdraw my appeal and I apply for ILR them my application will consuder as out of time application. ......so in this situation what will be my immigration status......
Please reply me asap
Thank you

cvh · Post by **cvh** » Thu Oct 30, 2014 10:34 pm

Base on myself case, I wrote about to alter the ILR on witness statement for skeleton argument.
HO withdrew the appeal and asked me to send the new application form at one day before the appeal date. You can't send the new application form. You must wait the appeal decision.

FaisalKhan100 · Post by **FaisalKhan100** » Fri Oct 31, 2014 10:43 am

Thank you cvh
But my question is If I withdraw the appeal and put a new application for ILR then what will be the effect of this withdrawal on my fresh application.
Waiting your kind reply
Regards

asifKhan00145 · Post by **asifKhan00145** » Fri Oct 31, 2014 9:31 pm

Hello Faisal
I think you cant apply for ILR without withdrawing your appeal, if you apply without withdrawing your appeal then your fresh application may be void. but I am not 100% sure about this.
but a senior member may guide you properly. Your should be careful about your case, you should take advice from some solicitors as well.
wish you good luck

cvh · Post by **cvh** » Fri Oct 31, 2014 10:05 pm

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary. Page 25 of 67

The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal

A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

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, you must void the case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter 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.

If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.

cvh · Post by **cvh** » Fri Oct 31, 2014 10:14 pm

If you withdraw your appeal your 3C immigration status will be terminated. Your status will be illegal. When you apply Long residence , you must have valid visa at least 3C or 3D.

Malik44 · Post by **Malik44** » Fri Oct 31, 2014 10:53 pm

asifKhan00145 wrote:Dear Friends,

My 10 years of long residency have been completed but my case is in UT due to the rejection of Tier 4 visa. Now I want to file my ILR application. Can you please tell me what should I do now.
1. Should I withdraw my appeal first then apply for ILR

Yes
''A person must withdraw their appeal in order to submit a fresh application. Once their appeal is withdrawn, their 3C leave ends.
Checking the withdrawal
You must check any outstanding appeal has been withdrawn and note CID before you validate an application form. You must reject the application as void if an appeal has not been withdrawn.''

2. Can I apply for ILR without withdrawal of my appeal.

No

Note
When you withdraw appeal and make fresh application within 28 days your 3c will ends on same days when you withdraw and you have "No right of work" until they haven't decided your new application.

asifKhan00145 · Post by **asifKhan00145** » Sun Nov 02, 2014 8:36 am

Dear Friends.......Thank you very much for valuable information
There is another question if you could answer
If some one withdraw the appeal and his previous leave has been expired during this process and he file a new application.........If his application is refused due to any reason so in this situation his would has appeal right or not
waiting your kind reply
Best regards

Zee ali · Post by **Zee ali** » Sun Nov 02, 2014 1:26 pm

asifKhan00145 wrote:Dear Friends.......Thank you very much for valuable information
There is another question if you could answer
If some one withdraw the appeal and his previous leave has been expired during this process and he file a new application.........If his application is refused due to any reason so in this situation his would has appeal right or not
waiting your kind reply
Best regards

No appeal right.

cvh · Post by **cvh** » Sun Nov 02, 2014 8:35 pm

There won't be any more appeal right if there is any problem with the ILR. That was I found out when I was in the situation like yours. I got ILR now. I was silence user for this website. I really appreciate the information from users. That's why I am sharing I experience now.

FaisalKhan100 · Post by **FaisalKhan100** » Sun Nov 02, 2014 10:29 pm

Dear friends

Thank you very much.....I checked many HO documents about appeal rights but I could not find any information about the appeal rights when some ones fresh appkicatiin is rejected after the withdrawal of an appeal that I explained you in my previous message. If any body has the authentic information about this please share with me.
Best Regards......

Obie · Post by **Obie** » Sun Nov 02, 2014 10:36 pm

There will be no appeal against the refusal to vary your leave, as you had no extant leave. However if the Secretary decide to make a removal decision, you will be entitled to a right of appeal.

FaisalKhan100 · Post by **FaisalKhan100** » Mon Nov 03, 2014 7:21 pm

Thank you obei and other friends

But on homeoffice website I did not see any thing like this that in a fresh application (in case of rejection) there will not be any appeal right.....if you have any authentic source about this please forward that to me. Waiting your valuable reply
Best Regards

Obie · Post by **Obie** » Mon Nov 03, 2014 7:27 pm

See Section 82 (2)(d)

You need to seek advice from a competent adviser, so you can get things right and correct first time round.

vinny · Post by **vinny** » Mon Nov 03, 2014 11:00 pm

Obie wrote:However if the Secretary decide to make a removal decision, you will be entitled to a right of appeal.

Depending on the removal decision, a right of appeal may be out-of-country only.

Obie · Post by **Obie** » Mon Nov 03, 2014 11:05 pm

I have no difficulty in accepting that.

Many section 10 decision don't confer a right if appeal unless the person specifically raise convention rights point, and subject to those points not being certified

asifKhan00145 · Post by **asifKhan00145** » Tue Nov 04, 2014 7:49 pm

Thank you every body especially Obie and Vinny....

What do you suggest me........ I am waiting for upper tribunal hearing date........

Everything is ready to apply for ILR and for my wife FLR(m) and other documents are also ready.....My case is not too much strong possibility is that I would not win the case............

so what should I do now .......... should I wait for the court decision or i should withdraw my appeal and apply for ILR

Waiting your kind reply,

Obie · Post by **Obie** » Tue Nov 04, 2014 7:52 pm

Are you not been represented in these matters.

asifKhan00145 · Post by **asifKhan00145** » Wed Nov 05, 2014 7:21 am

No ........ due to financial problems I dont have any representative

saf84 · Post by **saf84** » Wed Nov 19, 2014 7:36 pm

cvh wrote:There won't be any more appeal right if there is any problem with the ILR. That was I found out when I was in the situation like yours. I got ILR now. I was silence user for this website. I really appreciate the information from users. That's why I am sharing I experience now.

hi cvh
your case seems to be exactly same like me ..could you please help me

my visa was refused in oct 2013 and my 10 years completed in dcec 2013 my solicitor said we will appeal in FTT and changes the ground on witness statement and i won the appeal in FTT, bt nw HO challenges the decision on the grounds that i haven't submitted my KOL and ESOL test but that's not true when my lawyer varies the ground he have sent both certificates .. i have UT hearing in 15 days could you please tell me what can i expect further n how long its gonna take now to get decision and visa ?

asifKhan00145 · Post by **asifKhan00145** » Thu Nov 20, 2014 11:11 am

Hi Friends

I am also facing the same situation........my student visa is in UT but now my 10 years have been completed so should I submit my LIUK and English Language test in UT or wait for their decision....
Waiting your kind reply.
Best Regards..

cvh · Post by **cvh** » Sat Feb 07, 2015 8:17 am

saf84 wrote:
cvh wrote:There won't be any more appeal right if there is any problem with the ILR. That was I found out when I was in the situation like yours. I got ILR now. I was silence user for this website. I really appreciate the information from users. That's why I am sharing I experience now.
hi cvh
your case seems to be exactly same like me ..could you please help me

my visa was refused in oct 2013 and my 10 years completed in dcec 2013 my solicitor said we will appeal in FTT and changes the ground on witness statement and i won the appeal in FTT, bt nw HO challenges the decision on the grounds that i haven't submitted my KOL and ESOL test but that's not true when my lawyer varies the ground he have sent both certificates .. i have UT hearing in 15 days could you please tell me what can i expect further n how long its gonna take now to get decision and visa ?

Sorry for the late reply . I went back home almost 3 months I came back last night. How's your situation?

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10 years of ILR and Appeal in UT

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