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10 years long residence
Posted: Tue Sep 10, 2013 10:52 pm
by aronnok
Hi
I have been living in this country from Sept 2003 and it will be 10 years after 1 week. I was on student visa for 7 years 5 months and on PSW for 2 years. Then again I applied for student visa when 7 months were left to be 10 years. After 3 months my Tier 4 application was refused on the basis of 5 years cap. I submitted an appeal in May 2013 and received hearing notification in Sept 2013. The Tribunal has decided to held the hearing in October 2013. In mid September my continuous stay in this country will be 10 years. My solicitor saying that, I don't even have to go to the hearing. Since it will be 10 years anyway, we can withdraw the appeal and send a new application for ILR as the time I have spent after refusal will also be counted towards 10 years legal residency according to 3d. He thinks that would be better option for me as there is not much chance to win the appeal based on the ground of refusal. Now I'm not sure about what the solicitor saying is correct or not. Would that time I have spent under 3d really count towards 10 years if I withdraw the appeal before hearing? Any advice would be appreciated.
Posted: Wed Sep 11, 2013 6:10 am
by penny1012
Hi, you cannot withdraw your appeal according to the guidance on settlement, please see link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary(especially pg 25), and also I am in the same situation as you, see my post in the link below.
http://www.immigrationboards.com/viewtopic.php?t=144259
Please discuss this with your solicitor and keep us updated as your hearing is before mine. Best of luck.
Posted: Fri Nov 01, 2013 7:17 am
by Amber
aronnok wrote:I applied for ILR under 10 years route in September 2013 and registered Biometrics in October 2013 and currently waiting for decision. Few days ago police questioned me when I was visiting a Spammy Spammer parlor. They said it was not a Spammy Spammer parlor but a brothel which is illegal. When they asked me why I was there, I said I was there for Spammy Spammer. They checked my ID and Home Office records and said that, it will be in my file that- I attended a brothel and my application will be refused. Actually I just entered to the place just a minute before police arrived and didn't even receive any services. But police didn't believe me and thought I was there for sexual activities. They didn't arrest me though. I know that managing or running a brothel is illegal but attending a Spammy Spammer parlor or paying for Spammy Spammer is not illegal. I'm not sure if visiting a brothel is illegal or not. And they were advertising as Spammy Spammer parlor not brothel. Now my question is: (1) Is this matter really might be a reason to refuse my application? (2) If they refuse, shall I get appeal right, because in that case I might get a chance to prove that I didn't go there for sexual activities? (3) Shall I talk to solicitor now or shall I wait for the Home Office decision.
Posted: Fri Nov 01, 2013 7:19 am
by Amber
It shouldn't affect your application.
Posted: Sat Nov 02, 2013 12:28 pm
by aronnok
D4109125 wrote:It shouldn't affect your application.
Dear Amber,
Thank you so much for your reply. Could you please explain bit more why it should not affect my application, if you don't mind. Because the record of that incident should be in their database. Although police didn't issue me anything. They just let me go after taking my details.
Posted: Sat Nov 02, 2013 1:22 pm
by special_member
I applied for ILR (10 years) a month ago and had biometrics done couple of weeks ago. My father back home is not very well and I would really like to go and see him due to his illness. Could someone kindly please guide me how can I request home office to prioritise my application, also whether they do accept this kind of requests and if so how quickly they will process my application.
Many thanks!
Posted: Sat Nov 02, 2013 2:43 pm
by Amber
Well you were not charged or arrested for soliciting sexual services. Furthermore, they should not have said your application would be refused and you should consider making a complaint to the
IPCC.
Posted: Sat Nov 02, 2013 2:44 pm
by Amber
special_member wrote:I applied for ILR (10 years) a month ago and had biometrics done couple of weeks ago. My father back home is not very well and I would really like to go and see him due to his illness. Could someone kindly please guide me how can I request home office to prioritise my application, also whether they do accept this kind of requests and if so how quickly they will process my application.
Many thanks!
You can fax a request to expedite your claim or visit a local PEO (if there is one local). Your MP should be able to help you with this.