Appeal refusal- Re-apply-10 year long residency

smj_jak · Post by **smj_jak** » Wed Jul 10, 2013 1:48 pm

I don't think so you need to be that much quick.
you should wait until the money has been deducted from your bank/credit account and receive of acceptance/acknowledgment letter.
Then fax to withdraw your appeal.

searoze wrote:
rehan01 wrote:

I think its very tricky and technically if I withdraw appeal and re apply under LR category so the minute I withdraw appeal I become overstayer?

Regards
If you apply by Royal Mail, application posting date counts. So once you have posted your application then next day Fax to withdraw your appeal.

Please correct me if wrong

tuliprose · Post by **tuliprose** » Wed Jul 10, 2013 1:54 pm

rehan01 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 case and refund the fee.

I think its very tricky and technically if I withdraw appeal and re apply under LR category so the minute I withdraw appeal I become overstayer?

I don't knw I am right or wrong but the best way as per my understanding will be overlap the appeal by submitting LR application and then withdraw appeal and write a covering letter to HO informing about the withdrawal of appeal and that way 1 application is pending at all time with ukba irrespective of appeal or LR.

Regards

You can withdraw your appeal from court and send a fresh application on the same day. You must not apply before withdrawing your appeal.

Do not worry about overstaying by minutes as upto 28 days overstay period is allowed.

Mrchaany · Post by **Mrchaany** » Wed Jul 10, 2013 1:54 pm

If u lodged first appeal and rejected and then the second appeal lodged and the second appeal processing timing take you to complete your ten years then you are eligible to LR application

tuliprose · Post by **tuliprose** » Wed Jul 10, 2013 2:02 pm

searoze wrote:
rehan01 wrote:

I think its very tricky and technically if I withdraw appeal and re apply under LR category so the minute I withdraw appeal I become overstayer?

Regards
If you apply by Royal Mail, application posting date counts. So once you have posted your application then next day Fax to withdraw your appeal.

Please correct me if wrong

You can withdraw your appeal same day but make sure application is valid with correct fees and photos.

smj_jak · Post by **smj_jak** » Wed Jul 10, 2013 2:12 pm

I am already in appeal process with Tier1 Entrepreneur. All my documents and passport’s with HO. Next months I have to submit another fresh application of SET (LR).
Could anyone suggest me what documents I have to send HO
1. Application
2. Life in UK Test Report
3. Two Photos
4. Tribunal Appeal Reference No.
5. Copy of All Passports
6. ???

What else

tuliprose wrote:
searoze wrote:
rehan01 wrote:

I think its very tricky and technically if I withdraw appeal and re apply under LR category so the minute I withdraw appeal I become overstayer?

Regards
If you apply by Royal Mail, application posting date counts. So once you have posted your application then next day Fax to withdraw your appeal.

Please correct me if wrong
You can withdraw your appeal same day but make sure application is valid with correct fees and photos.

rehan01 · Post by **rehan01** » Wed Jul 10, 2013 3:06 pm

The day you withdraw you appeal technically you have accepted the refusal and your 28 days period will start from the date of refusal not from the date of withdrawing appeal. so be careful what you do.

this whole situation is very confusing

regards

You can withdraw your appeal from court and send a fresh application on the same day. You must not apply before withdrawing your appeal.

Do not worry about overstaying by minutes as upto 28 days overstay period is allowed.

tuliprose · Post by **tuliprose** » Wed Jul 10, 2013 4:01 pm

rehan01 wrote:The day you withdraw you appeal technically you have accepted the refusal and your 28 days period will start from the date of refusal not from the date of withdrawing appeal. so be careful what you do.

this whole situation is very confusing

regards

You can withdraw your appeal from court and send a fresh application on the same day. You must not apply before withdrawing your appeal.

Do not worry about overstaying by minutes as upto 28 days overstay period is allowed.

Rehan01, there is no confusion.

As it is clear that you are still legal while your application is pending (even your leave is expired). It is also clear that once you appeal within given time again you staying in this country legally.

You are not overstaying if you withdraw your appeal and send a fresh application as long as you have not overstayed more than 28 days.

I am so sure about this situation as i have been gone through this in the past.

I am trying to clear your situation.

rehan01 · Post by **rehan01** » Wed Jul 10, 2013 6:06 pm

.

Rehan01, there is no confusion.

As it is clear that you are still legal while your application is pending (even your leave is expired). It is also clear that once you appeal within given time again you staying in this country legally.

You are not overstaying if you withdraw your appeal and send a fresh application as long as you have not overstayed more than 28 days.

I am so sure about this situation as i have been gone through this in the past.

I am trying to clear your situation.

Thx for ur comments and advice but that's wht guidance says

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 case and refund the fee.

Source : http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Regarding being legal in country while application or appeal is pending there is no issue but withdrawing appeal and re submitting there is a prob. So best to submit LR Application and wait for acknowledgement than withdraw appeal.

Regards

smj_jak · Post by **smj_jak** » Sat Jul 13, 2013 11:46 am

Hi Guys

Go through with this link it is hilarious.

http://www.bbc.co.uk/news/uk-politics-23298532

smj_jak · Post by **smj_jak** » Tue Jul 30, 2013 12:03 pm

Hi Guys/Gurs

I am submitting my SET(LR) next weak while waiting for appeal decision.
Could any one let me know what is "Doc Gen letter ICD.3207" & "Doc Gen letter ICD.3258".

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Your help and support will be much appreciated.

Thanks and Reg

rehan01 · Post by **rehan01** » Tue Jul 30, 2013 12:06 pm

Thts some internal docs code I guess or file name etc.

Reg

smj_jak wrote:Hi Guys/Gurs

I am submitting my SET(LR) next weak while waiting for appeal decision.
Could any one let me know what is "Doc Gen letter ICD.3207" & "Doc Gen letter ICD.3258".

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Your help and support will be much appreciated.

Thanks and Reg

smj_jak · Post by **smj_jak** » Tue Jul 30, 2013 1:51 pm

Thanks for the quick reply.

In the guide of Long Residency it is refereeing to this two letter

"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."

do we have to do any thing about it

rehan01 wrote:Thts some internal docs code I guess or file name etc.

Reg

smj_jak wrote:Hi Guys/Gurs

I am submitting my SET(LR) next weak while waiting for appeal decision.
Could any one let me know what is "Doc Gen letter ICD.3207" & "Doc Gen letter ICD.3258".

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Your help and support will be much appreciated.

Thanks and Reg

samu140 · Post by **samu140** » Fri Aug 16, 2013 4:32 pm

Thanks but can you please give any reference .

tuliprose wrote:
rehan01 wrote:if appeal is pending and while waiting for outcome of appeal 10 year long term residency period completed than what is the legal status of the person? can he apply for 10 year long term residency while appeal is pending or he must wait for outcome of appeal?

any comment will be highly appreciated.

regards
If you qualify for 10 years long residency while you are waiting for pending appeal:

You may withdraw your appeal and apply for 10 years long residency. This will not break your 10 years long residency. You are safe.

tanvir1985th · Post by **tanvir1985th** » Mon Dec 09, 2013 4:44 pm

tuliprose wrote:
rehan01 wrote:The day you withdraw you appeal technically you have accepted the refusal and your 28 days period will start from the date of refusal not from the date of withdrawing appeal. so be careful what you do.

this whole situation is very confusing

regards

You can withdraw your appeal from court and send a fresh application on the same day. You must not apply before withdrawing your appeal.

Do not worry about overstaying by minutes as upto 28 days overstay period is allowed.

Rehan01, there is no confusion.

As it is clear that you are still legal while your application is pending (even your leave is expired). It is also clear that once you appeal within given time again you staying in this country legally.

You are not overstaying if you withdraw your appeal and send a fresh application as long as you have not overstayed more than 28 days.

I am so sure about this situation as i have been gone through this in the past.

I am trying to clear your situation.

dear tuliprose do u have any case in front of u who succeeded in 10 years long residency application after making a fresh application? please answer me as soon as u can as my situation is exactly like this. yr help will be appreciated. thx

Shazzzz · Post by **Shazzzz** » Mon Dec 09, 2013 8:20 pm

Hey guys I inquired same question regarding long residency From a very well known lawyers in London and explained my situation... My situation was I applied student extension in oct 2009 and was rejected in dec 2009 and appealed in February 2010 .. Appeal was dismiss then reapplied in 28 days n got visa in July 2010 ... He said as far as u been granted visa in fresh application then u ok and u can argue this matter when u applying for ILR... So it was today and asked him in details.. N am sure they can't b wrong ...

wow99 · Post by **wow99** » Mon Dec 09, 2013 8:42 pm

Shazzzz wrote:Hey guys I inquired same question regarding long residency From a very well known lawyers in London and explained my situation... My situation was I applied student extension in oct 2009 and was rejected in dec 2009 and appealed in February 2010 .. Appeal was dismiss then reapplied in 28 days n got visa in July 2010 ... He said as far as u been granted visa in fresh application then u ok and u can argue this matter when u applying for ILR... So it was today and asked him in details.. N am sure they can't b wrong ...

Did you got your ILR now?

gulrose786 · Post by **gulrose786** » Tue Dec 10, 2013 1:31 am

is it possible to apply ILR on 10 years basis if a person leaves uk with in the 28 days period after upper tribunal refusal and apply from home country as tier 1 or 4 and come back to UK with in 6 months.[/b]

hassan5805 · Post by **hassan5805** » Tue Jan 14, 2014 10:28 am

rehan01 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 case and refund the fee.

I think its very tricky and technically if I withdraw appeal and re apply under LR category so the minute I withdraw appeal I become overstayer?

I don't knw I am right or wrong but the best way as per my understanding will be overlap the appeal by submitting LR application and then withdraw appeal and write a covering letter to HO informing about the withdrawal of appeal and that way 1 application is pending at all time with ukba irrespective of appeal or LR.

Regards

Hi mate i am in same situation would you please let me know what happend to your case??

hassan5805 · Post by **hassan5805** » Tue Jan 14, 2014 10:35 am

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

searoze · Post by **searoze** » Tue Jan 14, 2014 12:16 pm

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
Although I am convinced to the point that you can apply for ILR and withdraw your appeal but in your scenario I would say better to VARY your appeal grounds to 10 years long residency. Because its very clear from immigration rules that you can vary appeal grounds to 10 yrs long residency but making a fresh ILR application and withdrawing your existing appeal isnt a rule. So better to go for rule
Good luck

rehan01 · Post by **rehan01** » Tue Jan 14, 2014 12:27 pm

I am not sure abt vary an appeal but u can definately submitt additional grounds in appeal and judge might allow ur appeal on human right article 8, but I never heard of vary an appeal.

And as per immigration rule if u have an appeal or application pending u cannot submit 2nd application as it will be void..... So option 1 wait for the outcome of appeal and should concentrate to win the appeal, option 2 withdraw appeal and submit ILR application same day when I say same day mean same day as doing tht u will not have any application overlapping with ukba at any one time.

But again I will not recommend withdrawing etc just fight for tier 1 if u r genuine n have all docs ready and thn think of other options.

Regards

hassan5805 · Post by **hassan5805** » Tue Jan 14, 2014 2:18 pm

searoze wrote:
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
Although I am convinced to the point that you can apply for ILR and withdraw your appeal but in your scenario I would say better to VARY your appeal grounds to 10 years long residency. Because its very clear from immigration rules that you can vary appeal grounds to 10 yrs long residency but making a fresh ILR application and withdrawing your existing appeal isnt a rule. So better to go for rule
Good luck

Hi thank you very much for your reply.. Well i spoke to few Lawyers and they saying withdrawn appeal on same day and apply for ILR. I also spoke to few Barriester too and they saying send additional grounds.. LOL dont know who to follow. My appeal was refused in FTT and UTT and cannot take risk in coa but if it got refused in coa then my appeal right will be exhausted ... Really worried dont know what is going to happen..HO policy guidence i think its for thier staff because they will create file and sub file because we dont have any file but what i am gonna do apply ILR and withdrawn my appeal let see what happens..Finger Cros..

hassan5805 · Post by **hassan5805** » Tue Jan 14, 2014 2:22 pm

rehan01 wrote:I am not sure abt vary an appeal but u can definately submitt additional grounds in appeal and judge might allow ur appeal on human right article 8, but I never heard of vary an appeal.

And as per immigration rule if u have an appeal or application pending u cannot submit 2nd application as it will be void..... So option 1 wait for the outcome of appeal and should concentrate to win the appeal, option 2 withdraw appeal and submit ILR application same day when I say same day mean same day as doing tht u will not have any application overlapping with ukba at any one time.

But again I will not recommend withdrawing etc just fight for tier 1 if u r genuine n have all docs ready and thn think of other options.

Regards

Yes mine was genuine i applied PSW on the basis of ACCA but ho refused because it not degree.. In the guidence its stated that first application will be voided it means Tier1 will be voided and ILR will be valid.Ohh allah too much confusion.. No one got exact answer i might will ring home office and find out from there..

Sunny83 · Post by **Sunny83** » Wed Jan 15, 2014 12:06 am

Hi,
I hope someone can help me. I was refused for my application of Tier 1 Entrepreneur Visa and lodged an appeal on time against the refusal. I completed 10 years long residence while I was waiting for the appeal hearing date . I withdrew the appeal and made a fresh application for indefinite leave to remain on the basis of 10 years Long residency as I was told by many people that I am allowed to be over stayer for maximum of 28 days. Can you please tell me if the home office will refuse my application because I have withdrawn my appeal or they will consider it as I have completed 10 years long residence while waiting on appeal ?
Any comments will be highly appreciated.

hassan5805 · Post by **hassan5805** » Wed Jan 15, 2014 12:40 am

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 ..

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Appeal refusal- Re-apply-10 year long residency

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