ILR and Appeal Withdrawn

[andee_nab]

Hi Dear Admins and Group Members!
I need an urgent suggestions for my pending appeal. My 10 years long residency route is completing by tomorrow 11th April 2017 excluding grace period of 28 days.
My appeal is still pending with FTT and I booked an appointment of premium service for 26th April.
When I can make a request to withdraw an appeal .
Can I be consider as a overstayer after appeal withdrawn as 3c will break.
What will happen if I don't get appeal withdrawn confirmation from Tribunal on time.
What are the best and safe options for me.
Please I need your comments and suggestions.
Kazi Ullah Bahi it will be great help if you can guide me plz.
Thanks in advance

[zimba]

The guide on section 3C and 3D leave says:

Withdrawal of appeals in the First -tier Tribunal
An appellant may withdraw an appeal:
• orally, at a hearing
• at any time, by filing written notice with the Tribunal

An appeal is treated as withdrawn on the day that the appellant requests that the appeal be withdrawn. If a person makes a new application to the Secretary of State on the same day that they have withdrawn their appeal then the new application should be accepted. For these purposes, the person is to be treated as if t hey did not have section 3C leave on the day that they withdrew their appeal.
... an application cannot be varied after a decision has been made on it. That means while the appeal is still pending the only way a person can amend their application is to withdraw their appeal , bringing their section 3C leave to an end.

So you need to withdraw your appeal from FTT if you want to apply under SET(LR). You need to apply under SET(LR) within 14 days window of withdrawing your appeal as your section 3C ends and you become an overstayer when the appeal is withdrawn.