ILR APPLICATION WHILE IN COUNTRY APPEAL PENDING

[trish1234]

ILR APPLICATION WHILE IN COUNTRY APPEAL PENDING

I entered in the UK 2007, 24th June. I was in student, tier 4, psw and tier 4 visa up until 1st September 2015 without any break.

On 1st September 2015, I had to make an FLR(0) application to seek for discretionary leave as I couldn't find a university to admit. Actually, I was undone by a university who took the tuition fees and at the last minute they refused to issue the CAS. However, A Solicitor advised me to asked home office to vary my application the FLR(0) to EEA DRF1 application on 11th November 2015. In reply, home office confirmed us via letter FLR(0) is withdrawn and application fee of FLR (0) will be refunded. But I haven't received refund. On 20th January 2016, I received the refusal for EEA DRF1 with no right of appeal.

I called home office to find out what should I do now to leave or appeal against the decision. But I was told by Home office that A FLR(0) is pending from 15th of January 2016 so I should wait for decision. I wrote to home office in reply that FLR(0) application was submitted only once on 1st of September 2015 and since then no other FLR(0) application was submitted. However, home office refused the FLR(O) on 14th June 2016 with no appeal right. In the immigration history, they mentioned that application was submitted on 15th of January 2016, no mention of 1st September 2015. We lodged pre action protocol against this decision and home office asked us to withdraw the pre action protocol and they will give a decision on this case within three months. On 14th November 2016, we received decision with in country appeal right. But still they mentioned in immigration history that the application was submitted on 15th January 2016 and no mention of 1st September. we lodged the appeal to the 1st tier within time and still waiting for the hearing date.

It will be 9 years and 11 months for me in the U.K. on 28th May 2017. should I apply for ILR or wait for hearing ? if i withdraw the the appeal just reaching after 10 years and apply for ILR, what are the chances that Home Office may refuse the application? What is the best course of action for me?
Please advice me if possible.

N:B: I have done the ECS check last month on 13th March 2016 came positive which shows I have right to work Term time, 20 hours only.

[CR001]

EEA DRF1

Who was this application based on and why was it refused?

[trish1234]

The EEA application was based on primary carer of a disabled bristish citizen. The application was refused due to insufficient evidence. The refusal didn't instruct either to leave or right of appeal. I became confused and I called home office to ask what should I do now? Only found out, my FLR(O) is pending since 15th of January 2016. I contacted HO verbally and in writings that I didn't make 2nd FLR(o) application but once in 1st of September 2015.

[CR001]

The EEA application was based on primary carer of a disabled bristish citizen.

Your child? What evidence did you submit?

[trish1234]

I don't have any child, it was based on primary carer of adult disabled British citizen. Home office needed court order of legal guardianship but could not provide that document. I wanted to know, if I withdraw appeal and apply for ILR what are the possible outcome? And should I wait for hearing or go for ILR application.

[CR001]

What is your relationship to this British citizen??

[trish1234]

Leagal guardian of a British citizen.

[CR001]

What documents do you have to state you are the 'legal guardian'?

What is your relation to this person (family, friend.....)?

[trish1234]

TO Prove legal guardian, i should have submitted court order, which is not possible. i knew case was weak, so did not appeal against the decision. I thought FlR(O) is the best bet! so i went with the FLR(O).

[trish1234]

Anyone? Please advice

[trish1234]

Do I need to withdraw appeal before submitting ILR application?

[paris7876]

Hello trish1234
I kind of had the same issue you had. For health reasons I had to extend my visa through FLR(O) because I couldn't finish my dissertation and as I had passed all modules university wouldn't issue CAS.

Got refused in April and we sent letter for consideration etc and it was still refused. Solicitor said it's normal as they redused moat of these cases.

The difference between your case and mine is that after that we sent a s120 to the HO and they never replied so we never knew what happened and so when I accrued the 10 years ( 3 months after all that) I applied for ILR and now I am waiting for an answer which most likely will be refusal.

Have you heard anything so far?

Mid march they asked me more documents about the doctors etc so I should have an answer very soon.

Please keep us posted with your progress.

I am in pins and needles

[trish1234]

I wish you good luck with your application.
My application seems very tricky as home office is denying or not mentioning that application is from 1st September not 15th January!