Need some guidance

[tzaf888]

Hi all,

I am writing this in hope of getting the right advice.

I came in the UK in January 2008 as a student from Pakistan. My visa got renewed in October 2008 for four years. in 2012, i got my PSW (post study work) visa until January 2014.

In January 2014, I applied for Tier 2 Sponsorship which was refused in March 2014. I appealed the decision on the basis of private life as I have a British partner. The appeal got refused in the First Tribunal and we went to Upper Tribunal. Same result in Upper Tribunal so we went to Court of Appeal. After the oral hearing, we have been granted the permission to appeal to the Court of Appeal. My hearing is on 15th/16th November 2017.

The judge in the first tier tribunal refused our appeal saying that our relationship has not completed 2 years, this was in 2014. The upper tribunal refused our appeal saying that my partner should go back to Pakistan and I should make an application from there and it would be accepted.

My three questions:

1. We have now completed over two years and I am nearly about to complete my 10 years. I am wondering if the appeal decision from Court of Appeal is not in my favour, can I make a fresh application based on unmarried partner or can I go further than Court of Appeal.
Because if I make an application, I give up my right to work under 3c leave conditions.

2. If the decision from Court of Appeal is still pending after my hearing in November stays pending and I have completed my 10 years residency, Can I apply for indefinte leave to remain after withdrawing my appeal.

3. Earlier this month, my solicitor passed away. He has dealt with my case from the beginning. I need new solicitor who I can trust and who understand this case. Any suggestions?

Any guidance would be much appreciated.

Regards

Imran

[CR001]

2. If the decision from Court of Appeal is still pending after my hearing in November stays pending and I have completed my 10 years residency, Can I apply for indefinte leave to remain after withdrawing my appeal.

You would have to withdraw your appeal before you can submit any other application.

3. Earlier this month, my solicitor passed away. He has dealt with my case from the beginning. I need new solicitor who I can trust and who understand this case. Any suggestions?

Members are not permitted to post names, companies or details of solicitors on the forum.

[tzaf888]

Thanks for the quick reply.

Also, i need to ask if I am allowed to travel outside UK under 3c leave conditions.

Regards

[CR001]

My understanding is that if you leave the UK, your Section 3C protection ends.

[tzaf888]

Hi all,

I am writing this in hope of getting the right advice.

I came in the UK on 12th January 2008 as a student from Pakistan. My visa got renewed in October 2008 for four years. in 2012, I got my PSW (post study work) visa until January 2014.

In January 2014, I applied for Tier 2 Sponsorship which was refused in March 2014. I appealed the decision on the basis of private life as I have a British partner. The appeal got refused in the First Tribunal and we went to Upper Tribunal. Same result in Upper Tribunal so we went to Court of Appeal. After the oral hearing, we have been granted the permission to appeal to the Court of Appeal. My hearing is on 17th January 2018.to

I complete my 10 years on 13th January 2018. I wish to withdraw my appeal and apply for ILR. However, I need suggestion as to what is the right thing to do here. As, I am getting confused.

1. I am aware that I can apply 28 days before my 10 year completion. However, do I have to withdraw the appeal. How long does the withdrawal process take?

2. Also, I believe I would have 14 days after the withdrawal of appeal to submit an application. Can I chose premium service for ILR?

Regards

[zimba]

1. I am aware that I can apply 28 days before my 10 year completion. However, do I have to withdraw the appeal. How long does the withdrawal process take?

contact the tribunal in writing if you want to withdraw your appeal - include your appeal number. The tribunal will decide whether to give you permission to withdraw, or if the hearing will go ahead.

2. Also, I believe I would have 14 days after the withdrawal of appeal to submit an application. Can I chose premium service for ILR?

Yes

[tzaf888]

I just came across the following information in one of the government documents. Could you please elaborate on the following questions:

20. APL1.20 Applicant makes fresh application while an appeal is outstanding
A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at: eco.contact@hmcts.gsi.gov.uk. The ECO must ensure that a proforma of withdrawal of decision is also sent to the Tribunals Service and this appeal will stop.

21. APL1.21 Issue of entry clearance with appeal outstanding
Under section 9 of the 2006 act, if an applicant has an outstanding appeal but makes a new application and is issued an entry clearance in a different category, any outstanding appeal against an entry clearance refusal will continue unless the appellant notifies the Tribunals Service or Post that they do not wish to proceed with the appeal.

If written notification is received at post this should be emailed to: eco.contact@hmcts.gsi.gov.uk or faxed to 0116 249 4130 or 4252. Posts should also attach a covering letter.


1. As it mentioned that I do not need to withdraw an appeal to make a fresh application in any other category, does that mean I can apply for my Indefinite Leave to Remain without withdrawing the appeal.

2. Also, can I make this application before the appeal hearing date as I can apply 28 days before I complete my 10 years, which is 13th January 2018.

3.Also, do I have to wait for the confirmation from the tribunal regarding the withdrawal of my appeal or can I go ahead and book my appointment for the premium service.

4. How long is the waiting time for the appeal withdrawal to be granted?

5. My appeal hearing date is 17th January 2018 and I complete my 10 years on 13th January 2017. Can I withdraw my appeal on 14th January 2018 and do I have to provide a reason in the cover letter?

Regards

[CR001]

Can you post the link please if you are quoting from an HO document/website.

What you have quoted in red refers to ENTRY CLEARANCE from outside the UK and not applications within the UK. The rules are different.