Appeal refusal- Re-apply-10 year long residency

Well i have completed 10 years while waiting appeal date and got hearing in a week time but i dont want to take any risk as appeal is pending and my ultimate target is to get tier1 sorted than think abt LR as i dont want to do something which might cost me heavily afterwards ...... My suggestion to get ur appeals sorted and thn jump into LR as we all knw policy guidance is not clear so u dont knw wht reason thy might give if thy decide to refuse LR and remember there will be no rightnof appeal so play safe......


In regrds to create files n subfile ofcourse it will becase worker as per my understanding ...... But if u withdraw appeal i agree u will have 28 days to reapply but technically withdrawing appeal mean u r not challenging the ho refusal anymore and accepting the refusal so biggest question is the time spent frm the date of refusal till the date of withdrawl is counted towards completing long term residency as withdrawing Appeal take us back to the inital refusal????? Which we r accepting my withdrawing appeal...

This is my biggest concern in al this senario and i knw section 3c was extended but after withdrawing where it leave us?

Every solicitor got there own theory abt it and thy r keep looking for loophole in the system to get through it but for me its not worth it and also my solicitor didnt rcommend me not to do that either.

But everyone circumstances is different so good luck.

Regards

hassan5805 wrote:well sunny mate. i will do the same wat you did but to be honest no one got clear answer for your query no even those gurus on the forum.. home office guidence is not clear because who will create file and sub file ..

Hi Rehan,

Thank you very much for your reply. You are right play safe but i cannot play safe because my appeal was refused in FTT and then UTT i only got coa left where is my case right now..
On what point we will send the amended grounds??
I dont know why there is too much confusion but every lawyer in country are saying that apply LR and withdraw this appeal on same day/... No one got clear answer to this point.. I wonder if we could get some advice from the Gurus on this forum but seems like a it they are also confused on this point.
I really hope so someone give us this answer..
I might will have to take risk like Sunny did apply LR and start pray then.

Regards

I spoke to one the leading Immigration Barrister and he said you can apply ILR and withdrawn your appeal on same day but dont apply before 28 days wait till full 10 year complete.. He said he done many cases and home office allowed thier visas straight way..

Good Luck

Thanks for sharing info and good luck with it.

Regards

hassan5805 wrote:I spoke to one the leading Immigration Barrister and he said you can apply ILR and withdrawn your appeal on same day but dont apply before 28 days wait till full 10 year complete.. He said he done many cases and home office allowed thier visas straight way..

Good Luck

Hi

I had applied for Tier 1 but refused due to bank letter not showing my name. Recently been refused for permission to goto upper tribunal from UTT. I ll complete 10 years in august 2014.

Is there any way i can stay here legally till august?

1- can I apply new Visa within 28 days?

2- If I go for JR, does the period after refusal for permission to upper tribunal will count in 10 years?

3- If I go back to my home country and come back as dependent of student, my previous time will count towards 10 years?

I hope someone can help me in this matter.

Many Thanks

@mszafar, my advise is to make a fresh application within 28 days since they rejected ur application to UT. IN this case you will be overstayer but I have been told by my solicitor, this overstayer period doesn't affect 10years law. I don't have a reference of this but as far as I know He is quite reliable person. I am also in kind of the same situation. But I will strongly advise not to go back to ur home country.

Good luck and make the right decision.

Anybody please guide me..

I am on PSW Visa till March.. and My 10 year long term finishes in Dec 2014.

I met few solictors.. and they suggested that.. apply for FLR in March only.. and then you will get refusal and then mean time appeal too.. and like this you will finish your 10 year long stay and then we will differ your application to ILR..

they say this all is on the base of Article 8 of human rights act.

They say this is best option for you.. as you have already 7 years 3 months on student visa, so Tier 4 is hard for you..and Enterprenuer is strict now a days...so this will also save your money too.

They are advising me to do my life in UK test and also that my wife also do B1 english test.

I have wife as dependent and baby is born in UK is with me.

please advise me before i take any wrong decision please

I think solicitor have given you good advise. Student is not good option for you.. Because Flr applications Home office takes quite long time and after that if they refuse then you go FTT and UTT and hopefully your ten years will be complete..But still please seek someone Professional advise.

Thanks brother Hassan..

Yes it seems goood..

as Enter Visa 50000 pound

Student Visa 6000 pound Fees

Hi smir,

What qualification u have? And solicitor adviced u is risky as u r applying for LR when u have not completed 10 years legally and going in appeal after and reapplying etc this can be cost effective now but later might cost u more than 6000 which u mention abt student visa ..... If i was u i would have cover the time via student visa or some other category rather than apply lr and causing more trouble fot later.

So in simple words do whtever is best for u but play safe.

Regards



size=150][/size]

smir wrote:Thanks brother Hassan..

Yes it seems goood..

as Enter Visa 50000 pound

Student Visa 6000 pound Fees

@smir, u can try to ask about the opportunity taking extension on student visa. For this u can go to same day service and get ur visa approved. By Doing this you will be playing safe for ur LR. Take the right desision. good luck.

guys dont you know that no student visa have limit now and he cant get Cas because he already spend 7.6 years on student visa..so i think his splicitor giving him sensible advise rest choice is his ..goid luck amyways

Brother Rehan..

a really caring advice thanks..

But you know regarding Student Visa too.. I am getting mix reviews..

1. I submitted docs to one agent who forwarded to BPP, he got reply that as I have completed more then 3 years on level 7, I cant go for any other but only PHD...so we cant offer ACCA application...

Other agent said.. even for PHD i might get rejection

2. One agent said no chance of student Visa as you are alrealy 7 years 3 months on student Visa...so in case I am refused .. and If I am refused for reason that I have already finished my time limit.. so I might not even get appeal... right...

3. Some agent say ACCA will not get rejection.(While BPP said no chance of getting Visa on ACCA).. blah blah blah...


Every solictor I meet... they just want money money money.. so confused....

I have done MBA (merit class).. two year MBA...


Please reply..

rehan01 wrote:Hi smir,

What qualification u have? And solicitor adviced u is risky as u r applying for LR when u have not completed 10 years legally and going in appeal after and reapplying etc this can be cost effective now but later might cost u more than 6000 which u mention abt student visa ..... If i was u i would have cover the time via student visa or some other category rather than apply lr and causing more trouble fot later.

So in simple words do whtever is best for u but play safe.

Regards



size=150][/size]

smir wrote:Thanks brother Hassan..

Yes it seems goood..

as Enter Visa 50000 pound

Student Visa 6000 pound Fees

Brother Shah.. thanks

It makes sense...good idea..apply same day service and see the result.. and then we can look further..
if got Visa.. no worry.. but if rejected then I can think about ILR before time..

Shah05 wrote:@smir, u can try to ask about the opportunity taking extension on student visa. For this u can go to same day service and get ur visa approved. By Doing this you will be playing safe for ur LR. Take the right desision. good luck.

hassan5805 wrote:Hello everyone..
No lawyers clear on this point and i am getting different opinion from lawyers on same issue.
My ten years completed and i also got pending appeal on Tier 1 Psw. What will be the best course of action. Should i put new LR applications and withdrawn my appeal My case in COA.. Or send additional grounds to COA..No one got the clear answer.. Even Malik Laws also confuse on that point. Malik Laws saying i cannot put further application untill i win my Tier1 Case but i dont think so it is right.
Regards

Hi Hassan I can give you information on this matter because i dealt with same situation,my friends Tier 1 enterpenuer visa was refused in April 2013 so he went for appeal and got hearing date on 18th October2013 while his 1oth years was completing on 1oth of October 2013 so once he completed his ten years he withdrew his appeal completed new application form set LR paid new fee and send his LIUK pass certificate , application withdrawal notification, and wrote a letter telling HO that he completed his ten years so he is eligible of ILR and HO office got his passports and some other papers.He got his ILR on 14th of Jan.so i can confirm its 100% safe to withdraw your appeal and send new ILR application, other way is bit complected and long as well
ASJID

Thank you very Asjid Brov for your kind reply..
Asjid can you please also confirm that from your firend?? Did he apply 28 days before or after full ten years??

Will appreciate your response brother. Jazakallah Kher..

Regards

hassan5805 wrote:Thank you very Asjid Brov for your kind reply..
Asjid can you please also confirm that from your firend?? Did he apply 28 days before or after full ten years??

Will appreciate your response brother. Jazakallah Kher..

Regards

Salam, brother my friend withdrew his appeal very next day of his 10th anniversary,and as he receive notification letter from the court,he sent his long residency application ,which was there days after his 10th anniversary so he waited to complete 10 years.

asjid73 wrote:

hassan5805 wrote:Thank you very Asjid Brov for your kind reply..
Asjid can you please also confirm that from your firend?? Did he apply 28 days before or after full ten years??

Will appreciate your response brother. Jazakallah Kher..

Regards

Salam, brother my friend withdrew his appeal very next day of his 10th anniversary,and as he receive notification letter from the court,he sent his long residency application ,which was there days after his 10th anniversary so he waited to complete 10 years.

Salam Asjid!!
thanks for your information sharing here which is enlightening many of us having same situation.
I am recently being refused for my Tier 1 general extension, made an in time appeal now soon will be completing my ten year continuous stay here in UK without any gap.
My question is by the time I hit my tenth year what should be my best course of action, should I with draw my appeal first and when I get confirmation then submit fresh application? or should I make application simultaneously with appeal withdrawal on same date and later send them the withdrawal notification?
as am being quite confused about it as some people here on this forum claims that the 28 days period of 3C leave starts from the day you were originaly refused not after when you with draw your application.
your advice is highly appreciable.
Many thanks in advance.

gulll wrote:

asjid73 wrote:

hassan5805 wrote:Thank you very Asjid Brov for your kind reply..
Asjid can you please also confirm that from your firend?? Did he apply 28 days before or after full ten years??

Will appreciate your response brother. Jazakallah Kher..

Regards

Salam, brother my friend withdrew his appeal very next day of his 10th anniversary,and as he receive notification letter from the court,he sent his long residency application ,which was there days after his 10th anniversary so he waited to complete 10 years.

Salam Asjid!!
thanks for your information sharing here which is enlightening many of us having same situation.
I am recently being refused for my Tier 1 general extension, made an in time appeal now soon will be completing my ten year continuous stay here in UK without any gap.
My question is by the time I hit my tenth year what should be my best course of action, should I with draw my appeal first and when I get confirmation then submit fresh application? or should I make application simultaneously with appeal withdrawal on same date and later send them the withdrawal notification?
as am being quite confused about it as some people here on this forum claims that the 28 days period of 3C leave starts from the day you were originaly refused not after when you with draw your application.
your advice is highly appreciable.
Many thanks in advance.

Hi Hassan, first thing let me clear 3c its triggers,when you make in time application and once your visa is expired 3c extend your visa till home office reach on decision,and once decision is made and for example applicant is refused visa with a right of appeal, and applicant chose to appeal against the home office decision, then 3d comes in force, and 3d make your stay legal till your all right off appeals are exhausted or you deiced to withdraw your appeal,its 100% clear 28 days provision only starts the day you send withdrawal request to court, not the day of your refusal, people saying, that its start from date of refusal are wrong.

Wait till you hit your ten years ,next day send request for withdrawal once you receive notification, send your LR application same day, prepare your application and cover letter before hand.In Sha Allaha you will get your ILR in about three months I am 100% sure about all procedure because I helped my friend from filling up application forms, sending request for withdrawal,and getting ready cover letter, best of luck.
ASJID

hi asjid, I have a similar question regarding 10 years. will time spent while waiting for JR counted towards 10 years or not since most people says it will.

pakhtoon77 wrote:hi asjid, I have a similar question regarding 10 years. will time spent while waiting for JR counted towards 10 years or not since most people says it will.

Hi basically you go for JR when home office do not give you right of appeal and if you do not have right i don't think so that the time you spend after your visa expiry counts towards 10 years, may be if you win JR and home office deiced to you give you visa or home office reconsider your application.
ASJID

Assalamoalikum everyone
Brother asjad
You got very good knowledge regarding this issue. I just need to know when you applied for your friend what extra documents you submitted as your friend passport and previous biometric card was alrady with home office. I am exactly in the same situation. I applied on 20th November 2013.Even my solicitor advised me to send banker's draft because home office is sometime funny and return your application by saying payment can't be taken. I am very upset as I have different opinions from different people.

I did not lodge the appeal and did not apply within ten days as according to my solicitor home office can return my application but my appeale right exhausted on 20th and apply on that day and home office received on 21st November 2013. My solicitor sent all my ten years documents as well because he didn't want to leave any flaws. Inshallah I will get positive answer.
Raaz

raaz0800 wrote:Assalamoalikum everyone
Brother asjad
You got very good knowledge regarding this issue. I just need to know when you applied for your friend what extra documents you submitted as your friend passport and previous biometric card was alrady with home office. I am exactly in the same situation. I applied on 20th November 2013.Even my solicitor advised me to send banker's draft because home office is sometime funny and return your application by saying payment can't be taken. I am very upset as I have different opinions from different people.

I did not lodge the appeal and did not apply within ten days as according to my solicitor home office can return my application but my appeale right exhausted on 20th and apply on that day and home office received on 21st November 2013. My solicitor sent all my ten years documents as well because he didn't want to leave any flaws. Inshallah I will get positive answer.
Raaz

Hi Razz my friend send LIUK pass notfication, and one cover letter thats all his other papers were already in home ofice, any way there is no other papers requirement for LR application,
application always considered from the date of posting not the date of home office received,so your are fine,you have applied before your right of appeal was exhausted In Sha Allaha you will get good news in about 3 to 4 months.it does not make any difference as you have 28 days .
ASJID

asjid73 wrote:

raaz0800 wrote:Assalamoalikum everyone
Brother asjad
You got very good knowledge regarding this issue. I just need to know when you applied for your friend what extra documents you submitted as your friend passport and previous biometric card was alrady with home office. I am exactly in the same situation. I applied on 20th November 2013.Even my solicitor advised me to send banker's draft because home office is sometime funny and return your application by saying payment can't be taken. I am very upset as I have different opinions from different people.

I did not lodge the appeal and did not apply within ten days as according to my solicitor home office can return my application but my appeale right exhausted on 20th and apply on that day and home office received on 21st November 2013. My solicitor sent all my ten years documents as well because he didn't want to leave any flaws. Inshallah I will get positive answer.
Raaz

Hi Razz my friend send LIUK pass notfication, and one cover letter thats all his other papers were already in home ofice, any way there is no other papers requirement for LR application,
application always considered from the date of posting not the date of home office received,so your are fine,you have applied before your right of appeal was exhausted In Sha Allaha you will get good news in about 3 to 4 months.it does not make any difference as you have 28 days .
ASJID

Thankyou brother decision was made on 8th November and my solicitor received letter on 11th and I submitted application on 20th . Days for appeal will be considered the date he received letter. Is it right

raaz0800 wrote:

asjid73 wrote:

raaz0800 wrote:Assalamoalikum everyone
Brother asjad
You got very good knowledge regarding this issue. I just need to know when you applied for your friend what extra documents you submitted as your friend passport and previous biometric card was alrady with home office. I am exactly in the same situation. I applied on 20th November 2013.Even my solicitor advised me to send banker's draft because home office is sometime funny and return your application by saying payment can't be taken. I am very upset as I have different opinions from different people.

I did not lodge the appeal and did not apply within ten days as according to my solicitor home office can return my application but my appeale right exhausted on 20th and apply on that day and home office received on 21st November 2013. My solicitor sent all my ten years documents as well because he didn't want to leave any flaws. Inshallah I will get positive answer.
Raaz

Hi Razz my friend send LIUK pass notfication, and one cover letter thats all his other papers were already in home ofice, any way there is no other papers requirement for LR application,
application always considered from the date of posting not the date of home office received,so your are fine,you have applied before your right of appeal was exhausted In Sha Allaha you will get good news in about 3 to 4 months.it does not make any difference as you have 28 days .
ASJID

Thankyou brother decision was made on 8th November and my solicitor received letter on 11th and I submitted application on 20th . Days for appeal will be considered the date he received letter. Is it right

yes you are right raaz