ILR 10 years appeal process

[Pay]

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

[wpilr_nov12]

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.