Appeal refusal- Re-apply-10 year long residency

Splash · Post by **Splash** » Tue Jul 09, 2013 8:34 am

Hello

After getting refusal from court , If a person re-apply Tier1 Entrepreneur visa or apply in different immigration category with in 28 days then what would be the impact on the 10 year long residency period?. Would it break ?.

entrepreneur123 · Post by **entrepreneur123** » Tue Jul 09, 2013 8:37 am

i think it will break if appeal is refused. but double check with someone else. correct me if i am wrong

Splash wrote:Hello

After getting refusal from court , If a person re-apply Tier1 Entrepreneur visa or apply in different immigration category with in 28 days then what would be the impact on the 10 year long residency period?. Would it break ?.

Darvesh · Post by **Darvesh** » Tue Jul 09, 2013 10:46 am

once your appeal is rejected then yes 10y long residency breaks as u dont have any status after ur refusal though u entitled to make a fresh application within 28days.

entrepreneur123 · Post by **entrepreneur123** » Tue Jul 09, 2013 10:56 am

Darvesh, if you do make new application within 28 days after appeal rejection, then will it affect 10 year residency? i think it will still break 10 years period even if you are granted visa after new application? thanks

Darvesh wrote:once your appeal is rejected then yes 10y long residency breaks as u dont have any status after ur refusal though u entitled to make a fresh application within 28days.

Darvesh · Post by **Darvesh** » Tue Jul 09, 2013 11:05 am

once ur long residency breaks after appeal rejected then it will be considered broken even u get new visa by applying within 28 days after appeal rejection.

Splash · Post by **Splash** » Tue Jul 09, 2013 12:17 pm

After lodging appeal to upper tribunal or higher courts within 28 days of refusal from court and waiting for the acceptance of case in upper tribunal , a person re-apply Tier 1 Entrepreneur or apply in another immigration category then what would be impact on continuity?.

jmoha · Post by **jmoha** » Tue Jul 09, 2013 12:35 pm

Hi,

As long as you are in appeal and you win, it's ok. You can make a new application only when you have a valid visa. As per your situation it definetly effects your 10yr rule and it breaks.

All the best for your appeal...

Thanks

Splash wrote:After lodging appeal to upper tribunal or higher courts within 28 days of refusal from court and waiting for the acceptance of case in upper tribunal , a person re-apply Tier 1 Entrepreneur or apply in another immigration category then what would be impact on continuity?.

smj_jak · Post by **smj_jak** » Tue Jul 09, 2013 2:00 pm

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.

jmoha wrote:Hi,

As long as you are in appeal and you win, it's ok. You can make a new application only when you have a valid visa. As per your situation it definetly effects your 10yr rule and it breaks.

All the best for your appeal...

Thanks

Splash wrote:After lodging appeal to upper tribunal or higher courts within 28 days of refusal from court and waiting for the acceptance of case in upper tribunal , a person re-apply Tier 1 Entrepreneur or apply in another immigration category then what would be impact on continuity?.

rehan01 · Post by **rehan01** » Tue Jul 09, 2013 11:19 pm

@ smj_jak

could you plz provide the source of this information?

regards

smj_jak wrote: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.

jmoha wrote:Hi,

As long as you are in appeal and you win, it's ok. You can make a new application only when you have a valid visa. As per your situation it definetly effects your 10yr rule and it breaks.

All the best for your appeal...

Thanks

Splash wrote:After lodging appeal to upper tribunal or higher courts within 28 days of refusal from court and waiting for the acceptance of case in upper tribunal , a person re-apply Tier 1 Entrepreneur or apply in another immigration category then what would be impact on continuity?.

rehan01 · Post by **rehan01** » Tue Jul 09, 2013 11:22 pm

if appeal is pending and while waiting for outcome of appeal 10 year long term residency period completed than what is the legal status of the person? can he apply for 10 year long term residency while appeal is pending or he must wait for outcome of appeal?

any comment will be highly appreciated.

regards

ahmad0044 · Post by **ahmad0044** » Tue Jul 09, 2013 11:46 pm

Please refer to page 24-26 in link given below. It will answer your question:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

rehan01 wrote:if appeal is pending and while waiting for outcome of appeal 10 year long term residency period completed than what is the legal status of the person? can he apply for 10 year long term residency while appeal is pending or he must wait for outcome of appeal?

any comment will be highly appreciated.

regards

kashnex · Post by **kashnex** » Wed Jul 10, 2013 2:16 am

ahmad0044 wrote:Please refer to page 24-26 in link given below. It will answer your question:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

rehan01 wrote:if appeal is pending and while waiting for outcome of appeal 10 year long term residency period completed than what is the legal status of the person? can he apply for 10 year long term residency while appeal is pending or he must wait for outcome of appeal?

any comment will be highly appreciated.
Thanks Ahmed very useful link .... I have been looking for this information it would help many of us
Best Regards

regards

kashnex · Post by **kashnex** » Wed Jul 10, 2013 2:22 am

ahmad0044 wrote:Please refer to page 24-26 in link given below. It will answer your question:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

rehan01 wrote:if appeal is pending and while waiting for outcome of appeal 10 year long term residency period completed than what is the legal status of the person? can he apply for 10 year long term residency while appeal is pending or he must wait for outcome of appeal?

any comment will be highly
regards

thanks Ahmed very useful link ..... I have been looking for such information .... hope it would help many of us

Best Regards

searoze · Post by **searoze** » Wed Jul 10, 2013 5:27 am

Splash wrote:Hello

After getting refusal from court , If a person re-apply Tier1 Entrepreneur visa or apply in different immigration category with in 28 days then what would be the impact on the 10 year long residency period?. Would it break ?.

Hi Splash
As far as I know, when you get refusal from HO with right to appeal and you lodge your appeal to 1st Tier tribunal within 10 working days then your long residence is not affected (Section 3C of Immigration Act 1971).
If your appeal to 1st Tier Tribunal is dismissed then you can lodge your next appeal for permission to appeal to the Upper tribunal with in 5 working days of decision from 1st Tier Tribunal.
While your appeal is due to accept or reject from ''permission to appeal to the Upper tribunal'' you can make a fresh application and withdraw your appeal. This way your long residence should be fine.
Either way, if your make fresh application & withdraw your appeal from upper tribunal or go for appeal to upper tribunal, your long residence will not affect (Unless you filed your Tier 1 application out of your previous leave to remain or take any longer than allowed period to lodge your appeal).

"To prevent applicants from becoming overstayers through no fault of their
own, section 11 of the Nationality, Immigration and Asylum Act 2002 introduced an amended Section 3C into the Immigration Act 1971.
Section 3C extends leave when a person with leave to enter or remain makes an in time application.

That is one made before their leave expires, but one in which their leave expires
Before a decision on that application is reached.

If a person has 3C leave, and their application is refused, 3C leave continues until
their appeal rights are exhausted. Section 3C only applies to in time applications.
If a person submits an out of time application, they will have a gap in continuous lawful residence, from the date their leave expired 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
"
See Page 24
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

To lodge appeals to 1st Tier Tribunal

"Time limits for submitting an appeal
If you are in the United Kingdom:

Your appeal form must reach us:

if you are in detention - within 5 working days from the day you received the notice of decision; or
if you are not in detention - within 10 working days from the day you received the notice of decision"

Source: http://www.justice.gov.uk/tribunals/imm ... um/appeals

"Applying for Permission to Appeal to the Upper Tribunal"

Either party to an appeal can apply for permission to appeal the decision of the First-tier Tribunal to the Upper Tribunal. The initial application must be made to the First-tier Tribunal. If this application is refused then a further application can be made to the Upper Tribunal.
Applying to the First-tier Tribunal for Permission to Appeal to the Upper Tribunal

The First-tier Tribunal will provide a copy of the First-tier Permission Application form with promulgated decisions as appropriate. This form should be completed and lodged with the Tribunal no later than five working days after the date the decision was served on you. (The time limit is 28 days if you are outside the UK and 2 working days if the case is a fast-track case). The application will be considered by a Judge of the First-tier Tribunal, who will decide whether to grant permission to appeal to the Upper Tribunal.

It is important to include with your permission application the decision of the Tribunal you wish to challenge along with the full reasons why you think the Tribunal made an error of law"

Source: http://www.justice.gov.uk/tribunals/imm ... er/appeals

Hope it helps
Please correct me if am wrong

searoze · Post by **searoze** » Wed Jul 10, 2013 5:47 am

kashnex wrote:
ahmad0044 wrote:Please refer to page 24-26 in link given below. It will answer your question:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

rehan01 wrote:if appeal is pending and while waiting for outcome of appeal 10 year long term residency period completed than what is the legal status of the person? can he apply for 10 year long term residency while appeal is pending or he must wait for outcome of appeal?

any comment will be highly
regards
thanks Ahmed very useful link ..... I have been looking for such information .... hope it would help many of us

Best Regards

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.

(Thanks to Ahmed )

File 10 years long residence application and withdraw your appeal

Splash · Post by **Splash** » Wed Jul 10, 2013 11:10 am

Thanks to everybody for useful information. But I am looking for more views who disagree with searoze.

smj_jak · Post by **smj_jak** » Wed Jul 10, 2013 1:06 pm

Hi Guys
I am in need of help. Could anyone suggest/advise me with 10years long residency SET (LR) form please.
I am already in appeal process with Tier1 Entrepreneur. All my documents and passport’s with HO. Next months I have to submit another fresh application of SET (LR).
Could anyone suggest me what documents I have to send HO
1. Application
2. Life in UK Test Report
3. Two Photos
4. Tribunal Appeal Reference No.
5. Copy of All Passports
6. ???

What else

Thanks for all your Suggestion/Advise.

tuliprose · Post by **tuliprose** » Wed Jul 10, 2013 1:15 pm

rehan01 wrote:if appeal is pending and while waiting for outcome of appeal 10 year long term residency period completed than what is the legal status of the person? can he apply for 10 year long term residency while appeal is pending or he must wait for outcome of appeal?

any comment will be highly appreciated.

regards

If you qualify for 10 years long residency while you are waiting for pending appeal:

You may withdraw your appeal and apply for 10 years long residency. This will not break your 10 years long residency. You are safe.

smj_jak · Post by **smj_jak** » Wed Jul 10, 2013 1:24 pm

Hi tuliprose

If a person withdraw the appeal for qualifier 10 year LR. What will happen to his partner who is in same appeal with him as a team of Tier1 Enterpruner but not qualifying for 10 years LR???

his appeal will be rejected on the basis of 'broken team'??
Please correct me if i m wrong.

tuliprose wrote:
rehan01 wrote:if appeal is pending and while waiting for outcome of appeal 10 year long term residency period completed than what is the legal status of the person? can he apply for 10 year long term residency while appeal is pending or he must wait for outcome of appeal?

any comment will be highly appreciated.

regards
If you qualify for 10 years long residency while you are waiting for pending appeal:

You may withdraw your appeal and apply for 10 years long residency. This will not break your 10 years long residency. You are safe.

rehan01 · Post by **rehan01** » Wed Jul 10, 2013 1:24 pm

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.

I think its very tricky and technically if I withdraw appeal and re apply under LR category so the minute I withdraw appeal I become overstayer?

I don't knw I am right or wrong but the best way as per my understanding will be overlap the appeal by submitting LR application and then withdraw appeal and write a covering letter to HO informing about the withdrawal of appeal and that way 1 application is pending at all time with ukba irrespective of appeal or LR.

Regards

rehan01 · Post by **rehan01** » Wed Jul 10, 2013 1:29 pm

Its very tricky situation again but first u need to find out r u eligible to apply or not ceck my previous post in this thread.

Secondly even if u withdraw appeal and ur team memeber is still going through the appeal fine in tht case u can submit the declaration confirming hhe have full excess to funds n rest and u will be still doing business together irrespective of ur immigration status.

This is wat I think can be done but not sure if its a rigt way of doing it or not.

I have ask this to many people but no 1 seems to have clear answer to this.

Regards

smj_jak wrote:Hi tuliprose

If a person withdraw the appeal for qualifier 10 year LR. What will happen to his partner who is in same appeal with him as a team of Tier1 Enterpruner but not qualifying for 10 years LR???

his appeal will be rejected on the basis of 'broken team'??
Please correct me if i m wrong.

tuliprose wrote:
rehan01 wrote:if appeal is pending and while waiting for outcome of appeal 10 year long term residency period completed than what is the legal status of the person? can he apply for 10 year long term residency while appeal is pending or he must wait for outcome of appeal?

any comment will be highly appreciated.

regards
If you qualify for 10 years long residency while you are waiting for pending appeal:

You may withdraw your appeal and apply for 10 years long residency. This will not break your 10 years long residency. You are safe.

smj_jak · Post by **smj_jak** » Wed Jul 10, 2013 1:34 pm

Your are very wright rehan01
Even solicitors are not confident on this issue.

rehan01 wrote:Its very tricky situation again but first u need to find out r u eligible to apply or not ceck my previous post in this thread.

Secondly even if u withdraw appeal and ur team memeber is still going through the appeal fine in tht case u can submit the declaration confirming hhe have full excess to funds n rest and u will be still doing business together irrespective of ur immigration status.

This is wat I think can be done but not sure if its a rigt way of doing it or not.

I have ask this to many people but no 1 seems to have clear answer to this.

Regards

smj_jak wrote:Hi tuliprose

If a person withdraw the appeal for qualifier 10 year LR. What will happen to his partner who is in same appeal with him as a team of Tier1 Enterpruner but not qualifying for 10 years LR???

his appeal will be rejected on the basis of 'broken team'??
Please correct me if i m wrong.

tuliprose wrote:
rehan01 wrote:if appeal is pending and while waiting for outcome of appeal 10 year long term residency period completed than what is the legal status of the person? can he apply for 10 year long term residency while appeal is pending or he must wait for outcome of appeal?

any comment will be highly appreciated.

regards
If you qualify for 10 years long residency while you are waiting for pending appeal:

You may withdraw your appeal and apply for 10 years long residency. This will not break your 10 years long residency. You are safe.

searoze · Post by **searoze** » Wed Jul 10, 2013 1:41 pm

rehan01 wrote:

I think its very tricky and technically if I withdraw appeal and re apply under LR category so the minute I withdraw appeal I become overstayer?

Regards

If you apply by Royal Mail, application posting date counts. So once you have posted your application then next day Fax to withdraw your appeal.

Please correct me if wrong

rehan01 · Post by **rehan01** » Wed Jul 10, 2013 1:43 pm

@smj

No1 is neither solicitors, thy r just out there to make money very hard or impossible to find a genuine person now a days ........ Solicitors mostly say yes we can do it thn thy try to find a way out to get job done eiter via human rights or some other way and keep invoicing u afterwards lol

Regards

rehan01 · Post by **rehan01** » Wed Jul 10, 2013 1:46 pm

@searose

I will not recommend this to any1, ur application might be return as incomplete bcz of not submitting passport, brp etc

So better to receive ackonowledgement letter of LR application and thn withdraw as case worker don't touch ur application till u ave biometric.

Regards

searoze wrote:
rehan01 wrote:

I think its very tricky and technically if I withdraw appeal and re apply under LR category so the minute I withdraw appeal I become overstayer?

Regards
If you apply by Royal Mail, application posting date counts. So once you have posted your application then next day Fax to withdraw your appeal.

Please correct me if wrong

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Appeal refusal- Re-apply-10 year long residency

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