ILR 10 YEARS, What happens after Appeal flops?

Am clocking 10 years in June 2015. My last application was based on 7 years child concession based on my daughter, who has clocked 7 years in the UK. Could not apply on any other route as have already exhausted viable routes such as Tier 4 and PSW so I had no option but put in an application based on 7 years child concession although I knew that was going to be a tough call. Could not manage getting a job to qualify me for Tie 2.
The application was rejected (we are a couple) and right of appeal granted. My appeal date has been set first week of February 2015. I'm very confused as by the time I will be going for Appeal, I will still have about 4 months to ILR. Please could someone advise what I can do once the Appeal flops (am told chances are very slim). My worry is, a number of people have said if I go for Judicial review or any other, then I will break my 10 years continuity and thus all this long wait will be in vain. My Visa expired a few days before I put in my application last Aug.

Please Gurus help, I'm spending sleepless nights-have been to 3 Solicitors so far and all have been giving contracting advises.

I believe you have a reasonably good prospect of covering the 4 months between February to June.

If you get a hearing in February, then you have to wait for about 2-4 weeks for a determination, then there is a 14 days window within which to apply for Permission to appeal if it does not work out, and then the judge has to decide on it , and if unsuccessful you can apply to the Upper Tribunal, and that could take weeks aswell, and if that is unsuccessful, you will have a further 28 days within which to make an application for ILR.

I am sure, you may be able to cover the qualification period before that.

Thanks alot Obie-am very, very grateful for the advise as it gives me some hope. If I got you correctly, you are implying that even when I apply for Judicial review, my 10 years continuity remains intact? Could you advise in what kind of circumstances it breaks down then because Solicitors have been very confusing over this matter.

Thanks alot, you people are doing a great job, long live, you and your colleagues, may God always protect you because people needs you all the time.

Hamaso wrote:Thanks alot Obie-am very, very grateful for the advise as it gives me some hope. If I got you correctly, you are implying that even when I apply for Judicial review, my 10 years continuity remains intact? Could you advise in what kind of circumstances it breaks down then because Solicitors have been very confusing over this matter.

Thanks alot, you people are doing a great job, long live, you and your colleagues, may God always protect you because people needs you all the time.

I did not mention judicial review at all in my post.

I gave you a set of straightforward and practical advise.

Judicial Review is something else altogether.

jus follow da appeal process from first tier tribunal to Upper tribunal n it wuld take more dan 4 months

Ok, I get it now, thanks alot.

Please kindly help-am in a tricky situation. Am scheduled to apply based on 10 years stay in June 2015. However in my last Tier 4 application my Visa was rejected. I appealed and then was advised to withdraw the Appeal and submit a fresh application once everything UKBA wanted was put in place. I was assured by my Solicitor that this won't lead to a break in my 10 years continuous stay.

However I have just been reading the latest 10 years continuous guidelines, it seems to say the otherwise. Could you kindly interpret it for me please. Did I start afresh counting from moment I submitted a fresh application after withdraw?

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https://www.gov.uk/government/uploads/s ... .0_EXT.pdf



If an applicant submits an out-of-time application, they will have a gap in continuous lawful residence, from the date their leave expires until the date they are next granted leave. Regardless of how long it takes for the decision to be made.
For an example of this, see example 5 in related link: Examples of continuous lawful residence.

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The exception to this is where the application is out-of-time for 28 days or less, but you exercise discretion and count the residence as continuing.
Both 3C and 3D leave count as existing leave to enter or remain in the UK, and therefore as lawful residence for the purpose of the 10 year long residence rule.
A person cannot make a fresh application for leave while they have 3C or 3D leave pending the outcome of a decision on their outstanding application. This means that someone who reaches the 10 year threshold during this leave cannot apply for indefinite leave. This could occur in the following two situations:
The applicant completes 10 years continuous lawful residence while awaiting a decision on an application for further leave
If the application that has generated the 3C leave has not yet been decided, the applicant can vary the grounds of that application to include a request for leave on the basis of long residence. If a long residence application would attract a higher fee than the initial application, the applicant must pay the balance before the varied application can be considered. For more information, see related links:
• 05.0 - Section 3C of the Immigration Act 1971 (As Amended)
• Specified application forms.

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.

Please Gurus or anyone with some information over my issue please help. As I stated before, am due for IRL 10 years in June.2015. However, in my last Tier 4 application, I had a refusal. I appealed and latter withdraw the appeal and then submitted a fresh application on which a fresh visa was granted. Does it mean I broke my 10 years continuity from the moment I withdraw? Please I would be very grateful if someone can shade more right on this matter.

Please Gurus or anyone with some information over above issue please help. Am due for IRL 10 years in June.2015. However, in my last Tier 4 application, I applied on time but had a refusal. I appealed and latter withdraw the appeal and then submitted a fresh application on which a fresh visa was granted. Does it mean I broke my 10 years continuity from the moment I withdraw? Please I would be very grateful if someone can shade more right on this matter. I would like to know so that I do not waste money putting in an application if there be no chance of success.

Regards,

It should be fine, as the subsequent application did not result in a refusal.

Thanks alot Obie for that word of hope-I felt as though I was drowning, but that now will keep my mind afloat and keep me going.............