New SET (LR) application while appeal is pending!

First of all I would like to thank all the useful advices and informations you sharingIn at this forum.

My SET (LR) long residency application was refused in premier service 3 Jul 2018 with right of appeal which has been filed within14 days. I understand that the appealing process takes very long time (12+ months) at London, There for my solicitor suggested to re-apply before my current leave expired on 30 Jul 2018 BUT Without withdrawing the appeal to avoid the risk of any refusal without a right of appeal this time.

Another solicitor I consulted told me clearly, that any new application will be made without withdrawing the appeal will be considered as invalid, even if I apply before my current leave expired, both solicitors are referring to the rules, also a previous experience they had in that case!


The time line
Entered UK when I was 14 years old only as
Student Dependant: 31 March 2008 - 06 April 2009
Tier 4 Dependant Child: 09 April 2009 - 03 July 2009
Tier 4 Dependant Child: 19 June 2009 - 25 September 2009
Tier 4 Dependant Child: 21 September - 2009 31 January 2011
Tier 4 Dependant over 18: 14 December 2010 - 31 May 2015
Tier 4 Dependant over 18: 25 May 2015 - 19 March 2016
Tier 4 Dependant over 18: 16 December 2015 - 21 November 2016
Tier 4 (General) Student: 01 January 2017 - 30 July 2018


Decision of refusal was based on the continuous residence considered broken by exceeding the total absences with about 60 days, and no discretion was applied, With my new applicationI I will be providing some documents that wasn't available at the time I submitted my first one to justify my absence (eg. Medical report of more than 2 months of me being hospitalised abroad).

I'm really confused how I will put my new application before my current leave expired. Should I withdraw the appeal or apply with with out withdrawing! Is there any clear rules state the matter?




.

You need to withdraw the appeal before you can apply again.

But the protection or human rights claim can be made when an appeal is pending. This is clearly stated on page 13 of the Home Office Guidance (https://assets.publishing.service.gov.u ... e-v8_0.pdf).

You will note that long residence application is considered as a human rights claim as it falls under paragraph 276B of the Immigration Rules - please refer to page 9 of the Home Office’s Appeal Rights guidance (https://assets.publishing.service.gov.u ... l-v6_0.pdf)

It is really confusing me!

Hasan2018 wrote: ↑

Thu Jul 19, 2018 6:29 pm

But the protection or human rights claim can be made when an appeal is pending. This is clearly stated on page 13 of the Home Office Guidance (https://assets.publishing.service.gov.u ... e-v8_0.pdf).

You will note that long residence application is considered as a human rights claim as it falls under paragraph 276B of the Immigration Rules - please refer to page 9 of the Home Office’s Appeal Rights guidance (https://assets.publishing.service.gov.u ... l-v6_0.pdf)

It is really confusing me!

Any one!