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Vary application T2G to ILR (LR)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kevb2014
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Joined: Fri Sep 12, 2014 1:22 pm

Vary application T2G to ILR (LR)

Post by kevb2014 » Fri Dec 05, 2014 8:46 pm

Dear experts,

My T2G visa was refused and I opted to appeal the decision. I have had my hearing and FTT allowed my appeal and asked HO to reconsider the decision. In the meantime, I'll be eligible for applying ILR 10 years on 20th Dec. So, can I vary the application to ILR if I don't receive anything from HO regarding my T2G visa? If so, how can I do this?

I'm waiting for your replies.

Regards

Obie
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Re: Vary application T2G to ILR (LR)

Post by Obie » Sun Dec 07, 2014 11:02 pm

It is possible to vary it, provided the matter was remitted for reconsideration.

Pay the difference in fee, fill in a new application , and notify them of your request for variation of your outstanding application.
Smooth seas do not make skilful sailors

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Vary application T2G to ILR (LR)

Post by kevb2014 » Tue Dec 09, 2014 7:47 pm

Thanks for your response, Obie.

Will my 3c leave lapse on the day that I submit my varied application to ILR (say 22nd Dec) or does it continue since I'll still have an application pending?

Obie
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Re: Vary application T2G to ILR (LR)

Post by Obie » Wed Dec 10, 2014 12:40 am

Section 3C will lapse once a positive decision has been made on your case or your appeal rights have all been exhausted.

You can vary before a decision is reached.
Smooth seas do not make skilful sailors

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Vary application T2G to ILR (LR)

Post by kevb2014 » Wed Dec 10, 2014 8:15 pm

Thanks Obie,

I understand that I'm still legal in the country but I'm not sure whether my leave has been extended on 3c or 3d?

Here is my case:

I was granted a T2G visa in 2011 which expired on 8th June 2014. I made an in-time extension T2G application which was refused on 2nd July 2014. Consequently, I filed an in-time appeal with FTT and I had my hearing on 1st Dec 2014 with a positive outcome - my appeal was allowed due to unlawful decision and HO will be requested to remake the decision. I'm now waiting for the tribunal decision letter of which I have been told that it should come within the next two weeks.

I think it'll come just in time to submit my varied application (ILR). I first entered the UK on 17th Jan 2005 and therefore will be eligible for ILR (LR) on or after 20th Dec 2014 (28 days before 17th Jan 2015). I have always applied for my visa extensions before the expiry date and was successful each time until the last one. So, I was always either on a valid leave or 3c/3d leave over the past 10 years. Therefore I believe that I have never had any gap in my lawful stay. Since 2005, my time outside the UK is about 70 days in total on 6 different occasions - someone told me that I deserve an award for this :) I passed my life in the UK test a couple of months ago and completed a master's degree in the UK (English Language Requirement). I haven't had any CCJs or committed a criminal offence (I'm a good guy who once got caught speeding once - 3 pts on driving licence), I'm absolutely clean when it comes to this sort of thing. In short, I'll fully meet the requirements for ILR via long residency route in 10 days. Is there anything else I failed to consider?

Also, am I currently on 3c or 3d leave?

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Vary application T2G to ILR (LR)

Post by kevb2014 » Fri Dec 12, 2014 12:37 am

I received the determination letter yesterday saying appeal allowed due to unlawful decision and requesting HO to remake the decision. My ILR eligibility starts in 8 days' time. I guess if HO does not challenge the decision within the next 5 days, I can then vary the T2G extension application (to be reconsidered) to ILR on 22nd Dec.

Obie
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Re: Vary application T2G to ILR (LR)

Post by Obie » Fri Dec 12, 2014 1:06 am

Home office has 14 days to appeal that decision.

If after that period has elapsed, then you may be able to vary, if you follow correct procedure.
Smooth seas do not make skilful sailors

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Vary application T2G to ILR (LR)

Post by kevb2014 » Fri Dec 12, 2014 7:55 pm

Determination letter dated 10th Dec + 2 days posting + 14 days = 26th Dec.

So, I'll send the ILR application on 29th Dec.

I intend to send the determination letter, Life in the UK test certificate, Degree original certificate, the completed current application form along with a covering letter to explain my case and willingness to vary the existing application. Would this be the correct procedure or have I missed something?

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Help with Varied ILR (LR) Application

Post by kevb2014 » Mon Dec 15, 2014 8:06 pm

Dear all

I'm currently looking into varying my existing Tier 2 General application to ILR (Long residency). My previous visa has now expired while waiting for the outcome of my appeal - appeal allowed and HO did not challenge the determination. I would really appreciate your help with filling up the application form. I'll be including a covering letter to confirm my intention to vary the existing T2G application but I'm not sure about how to answer some of the questions in Section D.

D1. What is your current immigration status in the United Kingdom?

D4. When does your current leave expire?

D5. If your leave to enter/remain has expired, did this leave expire more than 28 days before this application was made?
Yes | No or not expired

D7. Have you ever stayed in the United Kingdom beyond the end of your period of leave?
I'm currently on 3c leave, so should I tick No?

D11. Do you currently have any other applications with us on which you are awaiting a decision?

D12. Do you currently have an appeal with the Asylum and Immigration Chamber which is yet to be heard?

Thanks for your advice in advance.

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Help with Varied ILR (LR) Application

Post by kevb2014 » Tue Dec 16, 2014 7:00 pm

With the help of c4551m, I came up with these answers. Are they correct? Experts, please advise.

D1. What is your current immigration status in the United Kingdom?
Tier 2 General

D4. When does your current leave expire?
08-06-2014

D5. If your leave to enter/remain has expired, did this leave expire more than 28 days before this application was made?
No or not expired (ticked)
Reasons:
I believe that I did not overstay but I might be wrong. Here is my situation:
I applied for further leave to remain as a Tier 2 General migrant on 7th May 2014 and it was refused on 2nd July 2014. After receiving the Notice of Decision by post, I made an in-time appeal (Ref IA/29295/2014) at the First Tier Tribunal against this decision which was then heard and allowed by the judge on 1st December 2014. I'm enclosing a copy of the determination letter with this application. In short, I have always applied for my VISA extensions before my leave was due to expire.


D7. Have you ever stayed in the United Kingdom beyond the end of your period of leave?
No (ticked)

D11. Do you currently have any other applications with us on which you are awaiting a decision?
Yes (ticked)
Reasons:
I'm currently awaiting a fresh decision for my Tier 2 General application (Ref PP5242005157) which was submitted on 7th May 2014. The application was initially refused on 2nd July 2014 and I subsequently made an appeal (No: IA/29295/2014; Ho Ref: B1309527) against this decision. The hearing took place on 1st December 2014 and the appeal was allowed by the First Tier Tribunal judge. I received the determination letter dated 8th December 2014 on 12th December 2014 from my solicitor. I would like to request that this application (ILR Long residency) is considered instead of the previous Tier 2 General application.

D12. Do you currently have an appeal with the Asylum and Immigration Chamber which is yet to be heard?
No (ticked)

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Apply for ILR (LR) or Wait for appeal outcome?

Post by kevb2014 » Mon Jan 19, 2015 9:34 pm

Hey Guys

I have now completed my full 10 years in the UK and wondering whether I should withdraw from the appeal process and submit my SET (LR) application or wait for the appeal outcome?

My FTT appeal was allowed but my solicitor has informed me that HO is challenging the determination. However, we're yet to hear whether permission to appeal at UT will be granted to HO. Can the judge grant me ILR if it goes to UT?

Any advice will be helpful for me to make the right decision.

Obie
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Re: Apply for ILR (LR) or Wait for appeal outcome?

Post by Obie » Mon Jan 19, 2015 10:01 pm

Possibly. If the FTT decision is set aside for Misdirection, and you make an application to provide new evidence, then the Tribunal may consider it.

The other option is to advise the judge to remit it to the secretary Of state so you can vary.

It is the Secretary of State's appeal. You cannot withdraw it. You are precluded by law from making another application whiles it is still pending.
Smooth seas do not make skilful sailors

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Apply for ILR (LR) or Wait for appeal outcome?

Post by kevb2014 » Mon Jan 19, 2015 10:28 pm

Thanks Obie for the detailed response. If I got this right, you mean I'll have to wait till the tribunal accepts/refuses the appeal and then proceed accordingly. If HO is refused by FTT, SoS will have one more chance to seek appeal permission to UT?

I added my time in UK as an appeal ground but it wasn't taken into consideration since I was 48 days short of 10 years of lawful residency at time of the FTT hearing.

I have also contacted my local MP. Let's hope she can work her magic for me.

Obie
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Re: Apply for ILR (LR) or Wait for appeal outcome?

Post by Obie » Mon Jan 19, 2015 10:33 pm

MP cannot interfere in legal proceedings.

Legislature cannot interfere with judiciary .

There is a separation of power.

They can force Home Office , but not court or Tribunal
Smooth seas do not make skilful sailors

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Apply for ILR (LR) or Wait for appeal outcome?

Post by kevb2014 » Mon Jan 19, 2015 10:46 pm

My case is very unfortunate as it is and I didn't want this to keep on dragging for longer than it should, wasting taxpayers' money of which I also contribute.

So, I kindly requested her to ask HO to stop the proceeding and give me another chance to vary or re-apply.

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Consequences of withdrawing an appeal

Post by kevb2014 » Mon Jan 26, 2015 5:21 pm

Dear experts

My FTT appeal was allowed and POU is challenging the determination to UT(permission yet to be granted from FTT). In the meantime, I have just recently completed 10 years of lawful continuous stay in the UK. I have been told that if I withdraw the appeal, then this would mean that I accept the notice of refusal and therefore the time I spent on 3c/3d leave will not count towards the required 10 yrs. The rule tends to suggest otherwise. So, I'm really confused.

I'll really appreciate if someone could share their experience.

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Consequences of withdrawing an appeal

Post by kevb2014 » Tue Jan 27, 2015 10:41 pm

Can someone clarify this for me pls

Obie
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Re: Consequences of withdrawing an appeal

Post by Obie » Tue Jan 27, 2015 11:25 pm

I have told you that the appeal is that of the Secretary of State and that you are unable to withdraw it.

Until the appeal is resolved, you cannot withdraw it, as it is not your appeal. You are simply a respondent, and not an appellant at this stage.
Smooth seas do not make skilful sailors

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Consequences of withdrawing an appeal

Post by kevb2014 » Wed Jan 28, 2015 12:46 pm

Thanks again Obie. As you can understand, the wait is killing me day by day and I'm really getting desperate for all of this to be over as soon as possible.

I understand from others' experiences that this is indeed a very lengthy process (How stupid of me to land myself in this situation!). Should I leave it to go the 'natural' way, I'm likely to wait for another year to get through this ordeal. So, I'm trying to be proactice as much as I possibly can.

I ended up emailing HO this morning for permission to vary my leave. I'm counting on humanity!

Obie
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Re: Consequences of withdrawing an appeal

Post by Obie » Wed Jan 28, 2015 1:08 pm

Well you will simply have to exercise patient.

At least your right to work continues.

Withdrawing appeal reverses everything.

It is best for you to be patients, if Tribunal grants UKVI permission, apply to the Tribunal for permission to put new grounds, and if granted put new grounds in regards to ILR, and the tribunal will be required to make finding in relation to 267B, and they can then remit to the Secretary Of State to Consider granting leave under 276C.

That way you will continue to preserve your right.
Smooth seas do not make skilful sailors

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Consequences of withdrawing an appeal

Post by kevb2014 » Wed Jan 28, 2015 1:55 pm

I'm with you, Obie. Thanks for the words of encouragement.

I'll try to avoid in getting into conversations about holidays.

Can I be cheeky to ask for your opinion on this post http://www.immigrationboards.com/indefi ... l#p1140664

He's a very good friend of mine and it would be very painful to see him end up in a similar situation.

Thanks for your time.

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Consequences of withdrawing an appeal

Post by kevb2014 » Mon Mar 16, 2015 7:03 pm

I had my determination today from UT and the judge set aside the decision of FTT and remade the decision by allowing it under paragraph 276B of the immigration rules since I now qualify for this route.

Here is an extract from this letter and I wonder if someone could explain what exactly it means.
Consequential Directions

16. Forthwith on receipt of this decision, the respondent shall grant the appellant leave to remain for such period as is necessary to give effect to this determination.
Does this mean that I would be granted ILR or would it be limited LTR?

Your response is much appreciated.

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Consequences of withdrawing an appeal

Post by kevb2014 » Thu Mar 19, 2015 12:14 pm

Dear gurus, can you please help with the query below.
kevb2014 wrote:I had my determination today from UT and the judge set aside the decision of FTT and remade the decision by allowing it under paragraph 276B of the immigration rules since I now qualify for this route.

Here is an extract from this letter and I wonder if someone could explain what exactly it means.
Consequential Directions

16. Forthwith on receipt of this decision, the respondent shall grant the appellant leave to remain for such period as is necessary to give effect to this determination.
Does this mean that I would be granted ILR or would it be limited LTR?

Your response is much appreciated.

kevb2014
Junior Member
Posts: 88
Joined: Fri Sep 12, 2014 1:22 pm

Re: Consequences of withdrawing an appeal

Post by kevb2014 » Tue Jul 07, 2015 2:37 pm

I received confirmation today from my solicitor that I have been granted Indefinite Leave to Remain. It takes longer but it works and the VISA is free.

Congrats to me!

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