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ILR application through long residency refused

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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CR001
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Re: ILR application through long residency refused

Post by CR001 » Tue Aug 27, 2019 3:22 pm

If you make an application to the Home Office and then leave the UK, your application will be considered withdrawn.
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zimba
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Re: ILR application through long residency refused

Post by zimba » Tue Aug 27, 2019 3:25 pm

I am afraid this is not about the fairness but the lawfulness of a decision. Many unfair decisions are perfectly lawful and cannot be simply overturned. You can try to apply under the EU settlement scheme and leave the UK and visit your family in the meantime. They are not related to your current status under Tier 2.
Please post your EEA related application query in the EEA forum instead: eea-route-applications/
CR001 wrote:
Tue Aug 27, 2019 3:22 pm
If you make an application to the Home Office and then leave the UK, your application will be considered withdrawn.
The EU settlement scheme applications will not be subjected to this as they are not under the immigration act ?! :roll:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: ILR application through long residency refused

Post by CR001 » Tue Aug 27, 2019 3:28 pm

Zimba wrote:
Tue Aug 27, 2019 3:25 pm
CR001 wrote:
Tue Aug 27, 2019 3:22 pm
If you make an application to the Home Office and then leave the UK, your application will be considered withdrawn.
The EU settlement scheme applications will not be subjected to this as they are not under the immigration act ?! :roll:
Aware of that. Was commenting on a UK Immigration route application.
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zimba
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Re: ILR application through long residency refused

Post by zimba » Tue Aug 27, 2019 3:30 pm

Thanks for clarifying. Wanted to make sure the OP is not confused :wink:
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Re: ILR application through long residency refused

Post by Fpssantos » Tue Aug 27, 2019 3:48 pm

Thank you all so much for the advice.

So basically I can apply to the EU Settlement Scheme regardless of my decision to go ahead with the appeal or submit a fresh application as it’s not under the immigration act.

If I want to leave the country I should go for priority service again because the decision needs to be made before I reach 180 days away.

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Re: ILR application through long residency refused

Post by zimba » Wed Aug 28, 2019 1:43 am

EU settlement scheme has no priority service. The process and procedure is separate and different :!:
https://www.gov.uk/settled-status-eu-ci ... 2774a8dfb8
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Re: ILR application through long residency refused

Post by Fpssantos » Wed Aug 28, 2019 5:32 am

Zimba wrote:
Wed Aug 28, 2019 1:43 am
EU settlement scheme has no priority service. The process and procedure is separate and different :!:
https://www.gov.uk/settled-status-eu-ci ... 2774a8dfb8
Yes aware of that. I was referring to submitting a fresh application through Tier 2 if I do not appeal.

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Re: ILR application through long residency refused

Post by Fpssantos » Wed Aug 28, 2019 8:30 am

Is it possible at all to appeal without a legal representative? I don’t have one and I don’t think I’ll get one until Monday. I drafted a letter to support my appeal, gathered some documents and filled in the form so I was going to send it all and do everything on my own :|

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zimba
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Re: ILR application through long residency refused

Post by zimba » Wed Aug 28, 2019 1:06 pm

Fpssantos wrote:
Wed Aug 28, 2019 8:30 am
Is it possible at all to appeal without a legal representative? I don’t have one and I don’t think I’ll get one until Monday. I drafted a letter to support my appeal, gathered some documents and filled in the form so I was going to send it all and do everything on my own :|
Yes you can however court procedures are convoluted and technical. It is worth seeking legal advice rather than bootstrapping it
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