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Your 10 years long residency period has not broken if you have made your appeal in given time.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.
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.
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.
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)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.
Put your set lr within 28 days .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.
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: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
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 yearsriaz1982 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.
Bhai...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
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.meet2mustafiz wrote:Bhai...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
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 ?