Urgent Appointment for ILR and Withdraw Appeal

Nauman786 · Post by **Nauman786** » Fri Oct 21, 2016 10:06 pm

Dear Admins and experts,

i am going to apply for ILR LR as PEO Next week 24/10/2016

my Tier 4 appeal was in Tribunal for Permission to appeal in Upper Tribunal.

i Withdraw my appeal on 07-10-2016 and received Email that Tribunal will response in
10 working days but still i did not receive confirmation of withdraw appeal.

i called to the customer service Tribunal they said its in process still with Judge to approve.
but my understanding Appeal consider to be Withdraw on the day when we applied for it
and then we have 28 days to apply for new application.

what should i do Now. can i use the Email of Tribunal which says Withdraw is in process.
or any suggestion please
i will be thankful to you.

yungbuk · Post by **yungbuk** » Sat Oct 22, 2016 11:18 am

You will receive a notice of withdrawal from court and your 28 days will start from that date on the letter by tribunal. I will suggest not to go for your appointment until you receive that letter from the tribunal. If the judge still hasn't approved your appeal withdrawal then there is a chance you might not get a permission of withdrawal so you should wait in my opinion for the letter of appeal withdrawal.

Nauman786 · Post by **Nauman786** » Sat Oct 22, 2016 3:14 pm

Thank you so much for your Guidance.

i am changing dates every week due to not received confirmation letter.
my under standing from Tribunal and home office website below,

record the effective date of withdrawal on the notice. An appeal must be treated as withdrawn when the notice of withdrawal is received by HM Courts and Tribunal Service (HMCTS)....

its mean the Date i applied for Withdraw will be count from 7 October not from Judge Approve?

yungbuk · Post by **yungbuk** » Sat Oct 22, 2016 10:05 pm

Nauman786 wrote:
record the effective date of withdrawal on the notice. An appeal must be treated as withdrawn when the notice of withdrawal is received by HM Courts and Tribunal Service (HMCTS)....

its mean the Date i applied for Withdraw will be count from 7 October not from Judge Approve?

After your withdrawal request gets accepted by the court 'LETTER' will be issued by HM Courts and Tribunals Service with a date on it. Your 28 days period will only start from that date and not from 7th of October.

Remember you are seeking permission to withdraw your appeal from the court and its at judge's discretion to accept or reject your request. So once judge approves your request only then your withdrawal is official. If this was automatic without judge's permission from the court then your date of withdrawal would have been 7th of October which is not true in your case.

yungbuk · Post by **yungbuk** » Sat Oct 22, 2016 10:23 pm

Also as you are trying to book a PEO appointment you must have your passport with you. If your case is in appeal then I assume your passports would be with UKVI?

If you cannot provide them with a passport which means they won't be able to verify your absenteeism from the UK on the day of your appointment and most likely will give you a further checks letter.

Keep this in mind.

Nauman786 · Post by **Nauman786** » Sat Oct 22, 2016 10:45 pm

once again thank you so much for your Post Brother.

i am totally agreed with you that Date should be consider from Judge Approval
But problem is i did not find any guidance from Home office or Tribunal website.

and i do have New passport my old passports are expired 2 year's ago so my embassy
issued me new passport which i will take with me.

i do not mind if my application go for further check but i want my application Valid.

i will try to change my appointment next week Now .but thanks again for your guidance.

if anything i do not know please do let me know i will be thankful to you

Nauman786 · Post by **Nauman786** » Thu Oct 27, 2016 5:24 pm

i applied for withdraw appeal from Permission to appeal in Upper Tribunal on 7 Oct and sent Reminder last Friday and calling Tribunal everyday.
Every time Same answer File with Judge and they did not approve yet and they dont know how long it will take.

when my 28 days grace period for new application will Start after Judge Approval or when i applied for
Withdraw?? please answer me and my wife are very worried i will be thankful to you

Zaidii · Post by **Zaidii** » Thu Oct 27, 2016 5:36 pm

It's the date when the letter sent out in post
Keep calling so you know when it's posted and when to expect it to arrive.

Nauman786 · Post by **Nauman786** » Thu Oct 27, 2016 5:45 pm

Thank you Zaidii for your Reply very kind of you.so you mean when Court will Send Post for Confirmation of Withdraw then my 28 days will start because on UKVI website its said

record the effective date of withdrawal on the notice. An appeal must be treated as withdrawn when the notice of withdrawal is received by HM Courts and Tribunal Service (HMCTS)...

so we are confused

please @obie ,@Vinny and all Gurus if you please guide me i will be thankful to you

Zaidii · Post by **Zaidii** » Thu Oct 27, 2016 6:09 pm

I requested for my appeal withdrawal beginning of May 2015, decision was made on the 15th of May.
I recieved the order on the 30th of May with the date on the letter of 29th of May.

Zaidii · Post by **Zaidii** » Thu Oct 27, 2016 6:17 pm

Sorry the decision was made on the 19th of May.
I was calling everyday to check if they've sent out the order as my appointment was booked for the 2nd of June

Zaidii · Post by **Zaidii** » Thu Oct 27, 2016 6:19 pm

Sorry for multiple posts

My case was in court of appeals, I'm not sure if this works different at UT

mianboyuk · Post by **mianboyuk** » Thu Oct 27, 2016 8:24 pm

Dear friends
Could u help me plz I friend in problem I want to help him. His appeal adjournment refused from FTT. He is going to apply permission to appeal. But he is confused which cour he should apply FTT or upper court. Second is it applying permission to appeal time count as legall? I mean lawfully?
I would be very greatful of your advice.

Casa · Post by **Casa** » Thu Oct 27, 2016 8:30 pm

mianboyuk wrote:Dear friends
Could u help me plz I friend in problem I want to help him. His appeal adjournment refused from FTT. He is going to apply permission to appeal. But he is confused which cour he should apply FTT or upper court. Second is it applying permission to appeal time count as legall? I mean lawfully?
I would be very greatful of your advice.

Please don't tag your question on the end of another member's thread. It's not only unfair to the OP, it's also very confusing. Please continue to post in your own thread http://www.immigrationboards.com/indefi ... l#p1414929

Nauman786 · Post by **Nauman786** » Thu Oct 27, 2016 9:54 pm

Zaidii wrote:Sorry for multiple posts

My case was in court of appeals, I'm not sure if this works different at UT

Thank you so much Zaidii GOD BLESS YOU.. You are very Helpful i do not have words to say thank to you

Nauman786 · Post by **Nauman786** » Thu Oct 27, 2016 9:55 pm

Thank you so much Again Zaidii for your Help so kind of you !.

Route to ILR · Post by **Route to ILR** » Fri Oct 28, 2016 6:03 am

Nauman786 wrote:Thank you so much Again Zaidii for your Help so kind of you !.

HI Nauman

Have a look at this link and see page 13 and 14.

https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

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Urgent Appointment for ILR and Withdraw Appeal

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