long residency break

Hi, I am in uk last 8 years and now I submitted my appeal in court under tier 1 entrepreneur. I want to confirm if I lose my appeal, does it break my long residency period or not. I am waiting yours useful advise please.

PAK wrote:Hi, I am in uk last 8 years and now I submitted my appeal in court under tier 1 entrepreneur. I want to confirm if I lose my appeal, does it break my long residency period or not. I am waiting yours useful advise please.

Your 10 years long residency period has not broken if you have made your appeal in given time.

As per my understanding even if you loose your appeal and than reapply in 28 days than your long term residency is not broken.

but withdrawing appeal and submitting another application will break long term residency


regards

PAK wrote:Hi, I am in uk last 8 years and now I submitted my appeal in court under tier 1 entrepreneur. I want to confirm if I lose my appeal, does it break my long residency period or not. I am waiting yours useful advise please.

u have to win ur appeal if u want to save continue ur 10y long residency.

if u loose ur appeal and after that even make a fresh application then ur long residency will be considered broken.

once appeal rejected then one will be over stayer even though person allowed to make a fresh application within 28 days after rejection of appeal.

agree with Darvesh

Darvesh wrote:u have to win ur appeal if u want to save continue ur 10y long residency.

if u loose ur appeal and after that even make a fresh application then ur long residency will be considered broken.

once appeal rejected then one will be over stayer even though person allowed to make a fresh application within 28 days after rejection of appeal.

But what if 10 years is completed before the outcome of appeal?

As my 10 years will be completed in 2 month and I just submitted my appeal so before I even get hearing date I will complete my 10 years

What do u think plz comment.

Regards

Darvesh wrote:u have to win ur appeal if u want to save continue ur 10y long residency.

if u loose ur appeal and after that even make a fresh application then ur long residency will be considered broken.

once appeal rejected then one will be over stayer even though person allowed to make a fresh application within 28 days after rejection of appeal.

in ur case ur long residency application will be linked to appeal outcome. ur long residency application will be considered after appeal outcome.

so does not matter how long ur appeal will take to get a decision untill then long residency app will not be considered.

to avoid any further complication u better get appeal decision in ur favor otherwise hard to prove legal stay of 10y as u short of few months.

Darvesh wrote:u have to win ur appeal if u want to save continue ur 10y long residency.

if u loose ur appeal and after that even make a fresh application then ur long residency will be considered broken.

once appeal rejected then one will be over stayer even though person allowed to make a fresh application within 28 days after rejection of appeal.

Hi everyone, my situation reflects the same scenario, been here for 8.5 years and have appealed against entrepreneur refusal. Having got refused not having my team members name on bank letter and banks registration with financial authority (Very common reason for refusal)
My question is if say God Forbid we got rejected in appeal hearing for any reason, will we be able to re-appeal in higher appeal courts or tribunal? or will we have to make a new application. Please Advise. thanks.

it easy to understand......make all of ur efforts to win ur appeal no matter how many time u have to appeal against that initial decision or initial appeal refusal or appeal against appeal decision or wtever.

once u make fresh application after appeal exhausted then long residency breaks.

hi darvesh,

Applied tier 1 entrep visa in 2013
refused in jan 2014
ftt appeal refused in 1st august 2014
came in august 2004
now eligible for ILr 10yrs long time from august 2014
my questions is:-
once got refused from FTT, can i submit ILR 10yrs long time with in 28days?
thats what my solicitor says and i am getting ready to apply for ILR with in few days time.

well this is not true, I know coz this has happened with my friend, even if you appeal got rejected on both tribunal and still you have 28 days to submit a fresg application if between that time your compelte your 10 years your long term residency doesn't break, I don't know why some people here are spreading false information when they don't know something they should have not comment on it, please avoid spreading false information

riaz1982 wrote:hi darvesh,

Applied tier 1 entrep visa in 2013
refused in jan 2014
ftt appeal refused in 1st august 2014
came in august 2004
now eligible for ILr 10yrs long time from august 2014
my questions is:-
once got refused from FTT, can i submit ILR 10yrs long time with in 28days?
thats what my solicitor says and i am getting ready to apply for ILR with in few days time.

Put your set lr within 28 days .

Darvesh is darvesh dont listen to him.

Section 3c extend your leave until u exhaust all appeal rights. Nowhere it mention that u must win the appeal to avoid break in your continuity.

Let me give u a clear idea about long residency:
1) during the appeal u touched 10 years, long residency is intact
2) you lost appeal or got refused and within 28 days you applied for another visa and got approved, long residency is intact
3) made a judicial review claim after the refusal or appeal right exhausted which is accepted by court or home office agreed to reconsider your case and in the meantime touched the line of 10 years, long residency intact

These are the possible 3 scenarios I can think of. Please post your views if you differ with me with clear evidence. Thanks

Hi everyone, I have posted before as well. Darvesh know nothing abt 10 years rule and spreading false info here. Agree with achilies. As long as u have appeal rights UR 10 years are ok.

Any participant

Dear DARVESH and to all,

please stop spreading false information in this forum.

Here peoples to discuss and to get correct informations but not a wrong information ,so please don't post if someone doesn't know anything.

As per many solicitors, which i have discussed personally,

Even if all your appeals refused, you can file fresh application with in 28days which won't break your 10yrs long time.
So, its homeoffice brought up the new rules of switching to new visa application with in 28days from your last visa expired, which is counted as legal stay unless we receive deception or deport letter.

In any case,if a person refused from one category and can be switch to another fresh application within 28days is counted as leagl stay and therefore it won't break your legal stay or 10yrs stay.
i personally discussed with many solicitors, so please stop spreading false information here.
kind regards

riaz

Hello,

Please, Darvesh is just trying to help with the information he has and he does not intend to spread false information. For any information that we are not sure of, let it be written that you are not too sure of the statement/answer and please, let us mind the words we use. If a statement is wrong just say it is wrong or that you do not agree with the statement and provide your own opinion. Nobody knows it all and we learn everyday.

Lola.

riaz1982 wrote:Dear DARVESH and to all,

please stop spreading false information in this forum.

Here peoples to discuss and to get correct informations but not a wrong information ,so please don't post if someone doesn't know anything.

As per many solicitors, which i have discussed personally,

Even if all your appeals refused, you can file fresh application with in 28days which won't break your 10yrs long time.
So, its homeoffice brought up the new rules of switching to new visa application with in 28days from your last visa expired, which is counted as legal stay unless we receive deception or deport letter.

In any case,if a person refused from one category and can be switch to another fresh application within 28days is counted as leagl stay and therefore it won't break your legal stay or 10yrs stay.
i personally discussed with many solicitors, so please stop spreading false information here.
kind regards

riaz

Can you pls tell me.....if I give notice of appeal in Upper tribunal and they don't accept my appeal notice and then if I asked for judicial review and while I am waiting for Judicial review meantime my 10 years is complete can I applied for ILR ?

well i know for sure if your appeal is on uper tribunbal your long term residency doesnt break even after you appeal got rejected, you still have 28 days to send a fresh application on the otehr hand if you go for judcial review and then in the mean while you complete 10 years then definately it breaks you long term residency UNLESS, you win the judicial review, i hope that helps

Can you pls tell me.....if I give notice of appeal in Upper tribunal and they don't accept my appeal notice and then if I asked for judicial review and while I am waiting for Judicial review meantime my 10 years is complete can I applied for ILR ?

riaz1982 wrote:hi darvesh,

Applied tier 1 entrep visa in 2013
refused in jan 2014
ftt appeal refused in 1st august 2014
came in august 2004
now eligible for ILr 10yrs long time from august 2014
my questions is:-
once got refused from FTT, can i submit ILR 10yrs long time with in 28days?
thats what my solicitor says and i am getting ready to apply for ILR with in few days time.

Hi Riaz. I m in same boat , 10 years complete whille appeal for permission to appeal to UT. I withdrew the appeal on 26/08/14 and submit ilr based on 10 years

tanvir1985th wrote:Let me give u a clear idea about long residency:
1) during the appeal u touched 10 years, long residency is intact
2) you lost appeal or got refused and within 28 days you applied for another visa and got approved, long residency is intact
3) made a judicial review claim after the refusal or appeal right exhausted which is accepted by court or home office agreed to reconsider your case and in the meantime touched the line of 10 years, long residency intact

These are the possible 3 scenarios I can think of. Please post your views if you differ with me with clear evidence. Thanks

Bhai...

its about your point number 2 and 3.

Point number 2:after I lost appeal or got refused and within 28 days if applied for another visa and application is under consideration and meantime my 10 years is complete then can I applied for ILR ? may be later on my visa is refused what would be the scenario ?

Point number 3:made a judicial review claim after the refusal or appeal right exhausted .while my judicial review is under consideration and meantime my 10 years is complete then can I applied for ILR ? may be later on my judicial review is refused what would be the scenario ?

meet2mustafiz wrote:

tanvir1985th wrote:Let me give u a clear idea about long residency:
1) during the appeal u touched 10 years, long residency is intact
2) you lost appeal or got refused and within 28 days you applied for another visa and got approved, long residency is intact
3) made a judicial review claim after the refusal or appeal right exhausted which is accepted by court or home office agreed to reconsider your case and in the meantime touched the line of 10 years, long residency intact

These are the possible 3 scenarios I can think of. Please post your views if you differ with me with clear evidence. Thanks

Bhai...

its about your point number 2 and 3.

Point number 2:after I lost appeal or got refused and within 28 days if applied for another visa and application is under consideration and meantime my 10 years is complete then can I applied for ILR ? may be later on my visa is refused what would be the scenario ?

Point number 3:made a judicial review claim after the refusal or appeal right exhausted .while my judicial review is under consideration and meantime my 10 years is complete then can I applied for ILR ? may be later on my judicial review is refused what would be the scenario ?

Point 1: yes u can vary the application, point 2: if judicial review is successful even to the level that home office wants to reconsider the case then u can vary the application before they reconsider. But if the JR is in process and no negotiation is offered by home office then no u can't.

I am hoping that someone can guide about my situation too. I submitted an in time appeal; it was withdrawn and a fresh application was made straight away which was successful in 2013. I have completed my 10 years in 2014 ; not sure if 10 year long residency is still intact.
Many Thanks

Hi
One of my friend is having a question regarding the long residency. He came to the UK

in 2009 on student visa
got PSW till Feb 2013
applied for entrepreneur in Jan 2013
Refusal and appeal dismissal process lasted till Nov 2013
Fresh application in Nov 2013 (within 28 days of the refusal)
got Entrepreneur visa in Jan 2014


In the meantime, he went to his home country from March 2012 to Dec 2012 (almost 9 months). Now, he has broken the rules of 180 days for continuos residence.

After December 2012, he is living here in the UK without breaking the rules for 180 days, will he be able to apply for ILR on the basis of his long residency status counting from Dec 2012 till Dec 2022?

Your help will be greatly appreciated!