how many days we can stay in uk after we withdraw appeal?

KAJI · Post by **KAJI** » Wed Dec 03, 2014 11:27 am

Hi
how many days we can stay in uk legally after we withdraw appeal from the court?
thanks for your reply

Zee ali · Post by **Zee ali** » Wed Dec 03, 2014 8:25 pm

After appeal withdraw 0

but u can stay 28 days overstay without facing any problem. As 28 days overstay time allowed by home office

KAJI · Post by **KAJI** » Fri Dec 05, 2014 10:00 am

Thank you for your reply.
If appeal withdrawn and make fresh application within 28 days, then will it break 10 years legal stay in uk? Please reply me. thanks

riz1986 · Post by **riz1986** » Fri Dec 05, 2014 6:13 pm

nope
upto 28 days overstay is permitted

bruteforce · Post by **bruteforce** » Sat Dec 06, 2014 11:02 pm

your continuous residence is broken if you have overstayed even for a single day (after all appeal rights are exhausted). IMO, 28 days leverage doesn't count towards 10 years long residency unless the case worker exercise some sort of discretion. I am sure someone will correct me if I am wrong.

Zee ali · Post by **Zee ali** » Mon Dec 08, 2014 12:03 am

bruteforce wrote:your continuous residence is broken if you have overstayed even for a single day (after all appeal rights are exhausted). IMO, 28 days leverage doesn't count towards 10 years long residency unless the case worker exercise some sort of discretion. I am sure someone will correct me if I am wrong.

Yes u r wrong @bruteforce

if someone apply in 28 days overstay period and get the visa subsequently. 10 years continuity wont break. check the 10 years guidance.

KAJI · Post by **KAJI** » Tue Dec 09, 2014 7:31 am

Thank you guys.
can you please post the site where it is mentioned that withdrawing appeal before hearing date and maming fresh apication within that 28 days will not break 10 years residency route.
i tried a lot but could not see that.
thanks a lot friends

vinny · Post by **vinny** » Tue Dec 09, 2014 9:29 am

276B wrote:(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

KAJI · Post by **KAJI** » Thu Dec 11, 2014 5:10 pm

Dear friends,
thank you so much for your reply.
But sorry to say i could not understand this paragraph clearly.

Can you please explain in a simple way

" If I withdraw my application before the hearing date and make fresh application within 28 days, then will it break 10 years legal stay in UK?

Please Please give me advice who knows legal matters or have experience. One solicitor said it does not affect and other one said it may affect. I am completely confused and worried. Please reply.

thanks

Zee ali · Post by **Zee ali** » Sun Dec 14, 2014 12:13 am

vinny wrote:
276B wrote:(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

@kaji

If u can't read and understand this. i doubt that u r a genuine student.

ateeqsahib · Post by **ateeqsahib** » Tue Apr 21, 2015 5:14 pm

Hi Kaji ..
I am also in the same situation..i have completed 10 years while waiting for appeal to be heared..
What should be done.
Can i withdraw the appeal and apply for ilr on long residency bases.
What should be the procedure..
What is the outcome of your case..

Aditi12 · Post by **Aditi12** » Thu Jan 21, 2016 12:31 pm

vinny wrote:
276B wrote:(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

Vinny ; I completely understand the paragraph above however my confusion is if some1 leaves uk within 28 days (that's covered in the first line of paragraph) applies entry clearence in 10 days of leaving uk (which comes in the 2nd line where it says as will and then last one is when the application is made)
My confusion is the 2nd line where it says as will !

If an applicant leaves within 28days of appeal rights exhausted; let's say on the 26th day which is 18th July and applies a entry clearence on 28th July which is within 28 days (leave to enter ; or leave to remain)
Does this breaks some1 long residency

Thanks

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how many days we can stay in uk after we withdraw appeal?

how many days we can stay in uk after we withdraw appeal?

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