Immigrationboards.com

Dear all

If I appeal against the decision to refuse my ILR application , and court does not give decision in my favour how long time do i have to make a fresh application under different category ? would my continuous lawful resident be broken after the decision of court or would i be allowed sometime to apply under different category ?

I know my statues is same till appeal is in process , but what if appeal was dismissed ? would i be classed as an over stayer ? if this is the case should i file the different category application before judge decision .

I am very confused hope didn't make you guys confused also.

your help is very appreciated

In ideal circumstances, you will be granted right of appeal ONLY if your initial application is refused/decision made after your current leave to remain has expired. At that point, +10 days, you are covered by 3C to allow you to appeal. However during your 3C protection period, you are not allowed to make a fresh application, BECAUSE you need to have existing valid leave at time of application.

Read this document about 3C http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

However, if your decision is made while your current leave is valid, you do not get right of appeal. But you can make a fresh application, on whatever eligible category, while your current leave is still valid.

My opinion would be not to count on 'discretions', or play too close to deadlines.