PEO service

[gbe]

Hi all, can someone help with advice on my case.

I have been to FTT hearing as my Tier 1visa was refused, but I varied the ground of appeal to ILR as i came to uk in Feb 2005. The judge will send his judgement soon.

My question is if judge refer the case back to HO, can I book for same day service for my 10 yrs ILR even though, I sent my Tier1 by post and all document are with home office?

[mnaeem126]

what was the reason of refusal?

[gbe]

Advertisement was made on 11th of july, therefore it did not meet the requirement as the rule change the very date of website creation.
That is only reason.

But my question is can I apply in person at PEO, if my appeal is sent for reconsideration by the court

[CR001]

No because HO have all your paperwork and documents so how would you be able to apply in person without them? Premium service for long residence ILR should be used for straightforward applications.

[Zaidii]

Hi CR001
Is it possible to request the documents at that specific PEO for the appointment date?
I remember someone did that after withdrawing the appeal and applied for tier 2 at peo
Regards
Zaidi

[CR001]

Do you still have a valid visa?

[Zaidii]

OP has been to tribunal, I'd assume he wouldn't have valid visa. Assuming he was given right to appeal

[Obie]

Well it is difficult to see how you are legally able to vary at PEO, if the judge deals with the Long Residence Matter and remit it to the Secretary of State for further consideration.

There will be nothing to Vary. If the Home Office Charge you for that application again, they will be in contempt of court.

If case is allowed outright you cannot vary. If case is declared not in accordance with the law, you can vary.

If the matter is remitted and the Secretary of state asked to consider the Long Residence matters, then you cannot vary to ILR as that will not be possible.

You could vary on other category, but not on ILR long residence .

[Amber]

The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal

A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the long residence application and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.

[gbe]

Thank you all for checking my post and advice in particular Obie, CR001, Zaidii, Mnneem and Amber.

As Zaidii said. Is it posible to request document to the PEO place where one want to use for sameday service? For instance if I need my document at Croydon home office for same dsy service, can I request HO to send it there for my application?
If not, what is another way to do the PEO service.
I would not like to wait for the postal decision time