ILR(LR) at PEO without passport

Hi there,
I'm planning to apply for ILR(LR) at PEO; however, there are few complications.
Currently my application, Dependent of Tier1(ent), is on appeal at Court of Appeals. I'm planning to withdraw my appeal and apply for ILR, long reseidence, as I will have completed 10 years in Feb.
The main issue I have is that my passports are with home office. I am just wondering if I can request my passport to return to me or to be sent to the PEO where I will book my appointment.
I know time is very tight as I will only have 28 days after I withdraw the appeal to get an appointment within those 28 days, and for home office to return the passport to me or at PEO within time.
Please share your views.
Regards,
Zaidi

It would be unwise to do what you are planning. You can't apply for premium service if you have no valid leave. Once you withdraw, you are not covered by Section 3C.

Premium service should only be used for long residence applicants that are straightforward and if applicant has valid leave.

Also, from a top you were commenting in recently, please see Ambers advice.

http://www.immigrationboards.com/indefi ... l#p1174563

Amber wrote:

page 25 wrote: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 long residence application and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.

Hi CR001
Thank you for your time and advice. May I just ask...what difference would it make as I will have to have my current appeal withdrawn before I can make a new application, whether it is a postal or premium application? I understand my application isn't straight forward; is it worth taking a chance by applying via premium application? I'm also still seeking clarification on how to request my passport and where to have it sent?
Many thanks

Do you have a valid visa at the moment?
If the answer is no, then applying at premium service will mean that you will likely be refused and lose the fee as the minute you withdraw your application, you are no longer covered under section 3C which you currently have as you have an appeal pending. Even if the premium service accepted your application, you would not get a decision on the day and it will be treated as a postal application as it is not straightforward.

What was the reason for your Tier 1 Ent refusal and the basis of your appeal?

Please also read Ambers second bolded paragraph in the quote that I have already provided as this details the process for you.

Thanks again CR001,
No, I don't have a valid visa.
I was dependent of tier1 entrepreneur, which was refused in 2013. It was refused as the current appointment report we provided(online version) didn't have the date of appointment for the director.
Ftt
Appeal dismissed
Upper tribunal
Appeal dismissed after hearing
Court of appeal
Refused on paper and now it's been renewed for oral hearing, 2nd week of June
All appeals were made within time.
You've mentioned that if I apply at PEO, it will be refused or won't get the decision same day.
Can I ask why do you think it will be refused?
Just because I wont be covered by 3C?
I can understand due to the complexity of my case, there is very high chance that I won't get a decision same day -I'm ok with that.
I've read Amber's comment; however, as I'm not the main applicant, I don't think that it would apply to me.
Many thanks,
Zaidi

You've mentioned that if I apply at PEO, it will be refused or won't get the decision same day.
Can I ask why do you think it will be refused?
Just because I wont be covered by 3C?

Yes.

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 long residence application and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.

Is this not what you have applied for? Tier 1 Ent extension leave to remain?? Of course it applies to you as you are the person who has reached 10 years legal stay.

What about the Tier 1 main applicant?? What is their duration of stay in the UK??

Given that there is less than a month to the hearing date, it is highly unlikely that you would get your documents back before then anyway.

Do you think the appeal hearing will be unsuccessful?

Thank you once again CR001,
I probably could've worded my initial post better.
It was tier 1 enterprenuer initial application.
I'm dependent, and the main applicant is my spouse.
Main applicant has been in UK since 2009.
I don't have much hope that we will win the appeal.
As I mentioned, I would withdraw the appeal before applying.
As per your advice, it will be refused because I won't be covered by 3c.
Does that mean it will be refused on the same basis, if I apply postal application ?

Please have look at the following:

http://www.immigrationboards.com/uk-tie ... eo#p998692

Many thanks,
Zaidi

I understand what you are saying. However, being able to apply in person at PEO for SET(LR) is a new thing since 6th April and personally I would not risk applying if you don't have valid leave and your application is not straightforward. Some people in the past have been, many many others have not. This is my opinion and if you wish to risk it, you are free to do so, perhaps you will be a lucky statistic, but since Set(LR) in person is new and we don't have many statistics as yet, it would be a gamble.

Other mods have also been advising the same regarding only doing in person for straightforward applications, even for people including time as an EEA Family member.

What will your spouse apply for then if unsuccessful at appeal?

My guess here is that you are hoping to ILR via long residence at premium service so that your spouse can apply immediately for FLR(M)??

Well the advice Amber gave, seem to apply to cases where a person is at the First Tier Tribunal Stage, and then clock 10 years residence. I am not sure that is OP's case.

If i am correct, OP's case is not at the Tribunal.

Here is the premium service guide, but i am not sure OP's case can be said to be complex, because he has been on Section 3C leave. Provided he had statutory Extended leave, he should be fine, in my view.

In any event, the Long Residence Rule, appear to provide a 28 days concession to people after their Section 3C elapses.

276B(v) appear to cover OP, and it will be wholly harsh if that is used against him.

Hi CR001
Yes you are right, that's what I'm thinking hoping to get ILR premium application and then apply for my spouse on FLR(M).
I'm prepared to do the gamble if the only risk is not getting the decision on the same day.
Unless there are any other risks involved that you may aware of?

Many thanks
Zaidi

Thanks Obie, have been reading up but not getting much sense out of it and probably due to the late (early) hour. Apologies to OP and I would follow Obie's links and advice.

The views you expressed Char are coherent, and you may well be correct, however i find it difficult to accept how Home office can penalise a person, in circumstance where the rules said they should not be.

Then again, Home Office have done, lots of odd an abhorrent things, and i accept this new money making venture for UKVI only started recently, so we don't have much insight as to its running.

You are right, that i have had advised people on the EEA route, to think twice before doing the premium or to be fully prepared, but a Section 3C case is much more easy to establish than an EEA case, where a case worker will need to establish whether treaty right has been exercised, whether continuity of residence was broken, and all the rest.

But you are very correct , I gave advise along the lines you suggested in your post.

I would be disappointed to see applicants losing fees for in person appointments on Set(LR) when their applications are not as straightforward as they think. The OP has also not provided full details of the 10 years, so unsure if there are any other issues with refusals in his immigration record.

I have seen Amber advise in the past to do postal if leave has expired but not sure if this applied to Set(M) not requiring extant leave.

As OP wishes to take the gamble in order to do same day Set(LR) to be able to do FLR(M) within 28 days grace period for his spouse, I hope that his premium appt doesn't become postal or 'to do other checks' otherwise he will clearly have a problem.

I personally would never take a risk where HO is concerned.

CR001 wrote:I would be disappointed to see applicants losing fees for in person appointments on Set(LR) when their applications are not as straightforward as they think. The OP has also not provided full details of the 10 years, so unsure if there are any other issues with refusals in his immigration record.

I have seen Amber advise in the past to do postal if leave has expired but not sure if this applied to Set(M) not requiring extant leave.

As OP wishes to take the gamble in order to do same day Set(LR) to be able to do FLR(M) within 28 days grace period for his spouse, I hope that his premium appt doesn't become postal or 'to do other checks' otherwise he will clearly have a problem.

I personally would never take a risk where HO is concerned.

I dont think HO officer will refuse application because document required is not submited along with the application and it is clearly written in the application if the document is not withyou state why.

i assume that they may not give decision on the day,but

1) you must have taking 3 weeks off the waiting time from decision time.
2) you are sure that your application is valid and will not be return to you as invalid for whatever reason
3) If one is lucky, you may get decision onthe day,depending on the case worker.

what make an application straight forward?
Having passport with visa that has run out, or having valid visa and passport with criminal conviction,or applying with valid visa but lost passport or lost passport and non valid visa or home office has your passport with them and you overstayed less than 28 days as result of appeal decision or withdrawer which they know about?

sometimes we think we know, but we do not.

gbe wrote: what make an application straight forward?
Having passport with visa that has run out, or having valid visa and passport with criminal conviction,or applying with valid visa but lost passport or lost passport and non valid visa or home office has your passport with them and you overstayed less than 28 days as result of appeal decision or withdrawer which they know about?

sometimes we think we know, but we do not.

Where did you derive that interpretation from.

Hi, just a quick update.
I've received my ILR approval letter my passports and TheBRP today. Just to recap I was on appeal since June 2013 after my visa was refused (Dependent of T1 Entrepreneur) my hearing was scheduled for the 9th of June, I withdrew my appeal in May got the confirmation/order on the 29th of May, went to the PEO at Sheffield and applied for settlement under Long Residence on the 2nd of June.
I didn't get the decision on th day as I didn't have my passports ()they were kept by home office when my visa was refused in 2013.
Today I got a call from my solicitor that ILR being granted and he has received all my passports and BRP.
This forum was great help and I'd like to thank Olsunkanmi, Obie, Zee ali and anyone who had taken time out and gave me advise, I really appreciate so a big THANK to everyone and the almighty ALLAH

I will like to share my success story
I enter the UK 25th September 2005 as a student
Renewed four times consecutively as a student untill January 2012
I was granted PSW till April 2014.
I then applied for FLR fp with my family, and hot refused July 2014 but with right to appeal. My appeal was dismissed by first tier tribunal in November 2014, but I was luck to be granted permission to appeal to the upper tribunal.
My appeal was subsequently dismissed by the upper tribunal in February 2015, but I did not received the Judges decision letter till July 2015. I was give the right to seek for permission to court of appeal, but it was eventually refused on 14th of September 2015.
I was very luck again to get a premium appoint in Sheffield on 19th of September.
On my appointment day, after given my biometric the case worker called me and haned me a letter saying that my application is on hold till she is able to get hold of my original documents from UKBA storage. (I did not go for my appointment with any of my documents because the documents are withheld by UKBA, but I was able to go with some photocopies )
On 25th September 2015 I received back my original documents and a letter from UKBA that my application was successful and to expect my biometric card within 7 working days.
Alihamdulilah, to God all praise and glory.

@zaidi

Many congrats on your ilr approval . I need some information regarding court of appeal , can you write me back on my email please i will be grateful , so i will explain .. Here is my email (xxxxxxxxxxxxxxxxx)

Many thanks
Arshed

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