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10 years ILR application

Posted: Wed Aug 23, 2017 2:43 pm
by Grijesh Saini
Could you please advise me with an ILR application based on 10 year continues stay in uk?

Soon I will be completing my 10 years in the UK and I wanted to ask if I am still eligible for ILR application.

In 2009 I am on student visa than after I apply for PSW visa which is expired on 07-02-2013 after that,
I applied for Tier 2 General Visa in 2012 but I got rejected for minor COC error, so I made an appeal to Home Office of which the hearing date was 14 august 2014.

So I thought rather waiting for appeal decision best to make a new fresh application.
Meanwhile, my wife got sponsorship from her employer so we decided to withdraw my appeal. The withdrawal from Tribunal Office was made on 23 November 2013 and we went back to my country on 3rd December, 2013.

From back home, we made another application based on my wife Tier 2 General application on the date of 06 December 2013 which was 14 days after my appeal withdrawn.

I got visa on 10 December 2013 which was 18 days after my appeal withdrawn and we came back in the UK on the date of 17 January 2014.
Which means I got my new Tier 2 Dependent visa in 18 days after withdrawn my appeal and staying approximately 45 days out of UK considering my appeal withdrawn date and visa issue date, Could you please confirm does this scenario break my 10 years continues visa route?

So my total time on appeal is from 1-7-2013 to 3-12-2013 almost 5 months and 3 days. Does that appeal time count as a legal stay and after withdrawing appeal still I got 28 days from outside UK?

Re: 10 years ILR application

Posted: Wed Aug 23, 2017 4:45 pm
by zimba
It seems fine given that you need to apply for a fresh visa within 28 days of section 3C ending.

Re: 10 years ILR application

Posted: Thu Aug 24, 2017 10:17 am
by Grijesh Saini
Thank you very much for your reply.
I am a new user on this website and I don't know how to use form Could you please send me a link so I can amend my post.

Many Thanks.

Re: 10 years ILR application

Posted: Thu Aug 24, 2017 10:24 am
by Grijesh Saini
Does Section 3c Apply when I withdrew my appeal while decision is pending?

When I withdraw my appeal that time appeal is pending for review in First tier tribunal.

Re: 10 years ILR application

Posted: Thu Aug 24, 2017 11:07 am
by CR001
If you withdrew your appeal and left the UK, you were an overstayer from the expiry of the last visa you held.

Re: 10 years ILR application

Posted: Thu Aug 24, 2017 11:24 am
by Grijesh Saini
Thanks for your reply.
But I got my new Tier 2 Dependent visa in 18 days after withdrawn my appeal from the First tier tribunal.
So I guess UKBA don't consider me as an overstayer?