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ILR long route n withrwaing appeal from FTT

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

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Maz17
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Posts: 1
Joined: Fri Feb 17, 2017 10:41 pm

ILR long route n withrwaing appeal from FTT

Post by Maz17 » Fri Mar 17, 2017 11:40 am

Hi
Here I am a new user.
HO caseworker refused my 10 yrs long route SET(LR) one day service application. My permission to appeal was pending in UT.
Her reason was:

"You submitted your application for ILR on 30 Nov 2016. But issued withdrawal on 11 Nov 16.
Therefore you were without valid leave for 19 days. At the date you withdrew your appeal you were no longer covered by 3C leave and had no valid leave to remain in UK".

Also , caseworker wrote 7 years stay instead of 10 yrs. It seemed to me the caseworker did not pay full attention to my application. My private life/family life also has been disregarded. No discretion was made.
However I appealed against IlR refusal, in time 26 Jan, 2017 in FTT, which is still pending.

UT did not actually record it as withdrawn at all. But UT sent me the decision 15 March 2017 as REFUSAL, with 28 days time limit to go to Court of Appeal. which means I was never without 3C leave. I am still on valid leave.

If someone would advice me please,
1. what to do if I want to make a new application on ILR (10yrs)again. I got only 11 days remaining from 15 Mar 17 to do that.
2. what to do with the Appeal remained in FTT.
3. what is the rule to withdraw and make new application without being overstay.

Looking forward.
Maz1

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ILR long route n withrwaing appeal from FTT

Post by Obie » Fri Mar 17, 2017 5:31 pm

Well if you have an appeal and then they refused, that is unlawful. The application should have been voided.
Smooth seas do not make skilful sailors

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