Appeal refusal- Re-apply-10 year long residency

[Shah05]

@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]

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

[smir]

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..

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]

Thanks brother Hassan..

Yes it seems goood..

as Enter Visa 50000 pound

Student Visa 6000 pound Fees

[smir]

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..

@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.

[asjid73]

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

[hassan5805]

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

[asjid73]

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.

[gulll]

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.

[asjid73]

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

[pakhtoon77]

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.

[asjid73]

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

[raaz0800]

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

[asjid73]

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

[raaz0800]

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

[asjid73]

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

[hassan5805]

Slam Asjid Brov.

Brother i wonder what should i write down in the covering letter.
What documents should i send with application.
I got problem with my passport my passport expired last month and Pakistan Embassy people are unwilling to help and they were saying your appeal going and we cant make new passport untill you get the visa..
Hate those ignorant people and explained them that we are legal here under section 3 c and 3d but the dont understand.. Never seen any arrogant people ever. Tried in Bradfod, Manchester and london but unsucessful but my friend had same similar situation as me but they renewed his passport and took £50 but i refused to give him Rishwat. lol Now i am regretting i should have given to him Tiswat.. lol. Well brother what would you sugggest send application with expired passport??

Jazakk Allah Kher..

[asjid73]

Slam Asjid Brov.

Brother i wonder what should i write down in the covering letter.
What documents should i send with application.
I got problem with my passport my passport expired last month and Pakistan Embassy people are unwilling to help and they were saying your appeal going and we cant make new passport untill you get the visa..
Hate those ignorant people and explained them that we are legal here under section 3 c and 3d but the dont understand.. Never seen any arrogant people ever. Tried in Bradfod, Manchester and london but unsucessful but my friend had same similar situation as me but they renewed his passport and took £50 but i refused to give him Rishwat. lol Now i am regretting i should have given to him Tiswat.. lol. Well brother what would you sugggest send application with expired passport??

Jazakk Allah Kher..

Hi Hassan in cover letter you need to give all the details about yours self when you came to UK and your currant stats that you completed your 10 years legally while waiting for appeal date or for hearing and you have been a law abiding person throughout 10 years etc etc.
If Pakistan high commission not renewing your passport ask them to give this reply in writing and send that letter with your application and send expired passport or try some how to get your passport renewed if i was you give them some money if they want.
There use to be a person working in high commission, i think he was political councilor his name is Mr Salass Kayani from Bradford find out if he is still there go to London high commission if he is still there meet him and tell him your problem he is very nice person will try to help you.
ASJID

[emran habib]

Dear Friends!
Whoever made an in time appeal and is on 3C an 3D leave but want to withdraw their existing appeal due to the completion of continuous lawful residence in the UK; here's the guaranteed answer for you :

The fact that you have withdrawn your appeal is not a problem provided that you submit your application for ILR based on long residence within the 28 day period.

Giving notice of appeal and then submitting a new application after withdrawing the appeal is fairly common.

If you consider that your application for long residence has a better chance of getting an approval than your appeal (for whatever reason) then this was the correct thing to do.

You should focus on getting the ILR application drafted correctly and ensuring that you gather all the necessary supporting evidence that you will need to submit with it. The key is not making a mistake in the drafting of the application and ensuring that you do not miss out any documentation. Make a list of your documents early. Collect and collate them. Revisit the draft list and consider any further documents that might improve it. Add them as necessary.

The facts you have state (no convictions, time inside UK) are consistent with an eligible application for ILR so the application will certainly be considered.

If the application is refused then you will be free to appeal it, or submit a further application for another category or visa, or a revised application for ILR correcting any omissions/errors that are made in the first application for ILR...

I hope, this clarifies...

[shaq1]

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..

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]

Thanks brother Hassan..

Yes it seems goood..

as Enter Visa 50000 pound

Student Visa 6000 pound Fees

You are not eligible to get admission in ACCA and no sponsor will issue you the CAS for that course because of time cap. You can apply for Doctorate program

[ILR1980]

I have been reading about it as i am in same situtaion. You cannot apply for ILR based on ten year if your appeal is pending but you can add additional grounds to your appeal which judge may consider before making any decision. You can vary your application if y you complete10 years while waiting for decision of ukba or if your appeal get allow. When you vary application it dont mean you withdraw your outstanding application but it mean you continue it but on different ground thatswhy you pay the difference of the fees I assume you cannot make any application if you dont have any leave under 3c and 3d. Your application will be refused with no right of appeal

[hassan5805]

Hi guys,

Howz everyone?
Please let me know if any of you got the ILR whoz while appeal pending.

I have done my LIUK and not to do ENglish test because i am graduate in OBU. Wat other documents i have to attached with Application.
Will appreciate your response.

Regards

[Pay]

I would like to know :

I apply for ILR while having leave to remain and got rejected with right of appeal - If i get refused on my appeal

1.Would I be given any time to make fresh application ?

2. does the time between the rejection of first application till the second fresh application consider to be lawful residence for ILR 10 years long residency basis.

[Achilles.ali]

hello guys

please let me know if any of you got Ilr

[satif-uk]

Hi I am new in this forum and in the same satiation withdrawal appeal and apply for 10 years one thing I have add on who ever withdraw their appeal remember they have "no right of work" until the home office make any decision so be care full
and good luck

[avylon]

Hi Boys did any one got ur ILR whilst on Sec 3c & 3d, pls post their reply. TIA