Help with ILR under 10 years LR

[samra338]

Sep 2006- Feb 2011 student
March 2011- Feb 2013 PSW
March 2013- March 2016 Tier 2
I was short of 10 years by 5 months so made a FLR FP on the basis of children who have been here for 7 years. The application was refused in June and I appealed against it and won the appeal in April 2017. Today I have received notification of permission to appeal to the upper tribunal by the Home Office. Both me and my husband have completed 10 years but my husband's passport which is with the HO has expired. If we make a set (LR) application now, can his application be rejected bcos of the invalid passport? If we withdraw our current appeal, what will happen to the status of my children as the children and my husband were included as my dependants in the FLR FP application.

[grace4drace]

Sep 2006- Feb 2011 student
March 2011- Feb 2013 PSW
March 2013- March 2016 Tier 2
I was short of 10 years by 5 months so made a FLR FP on the basis of children who have been here for 7 years. The application was refused in June and I appealed against it and won the appeal in April 2017. Today I have received notification of permission to appeal to the upper tribunal by the Home Office. Both me and my husband have completed 10 years but my husband's passport which is with the HO has expired. If we make a set (LR) application now, can his application be rejected bcos of the invalid passport? If we withdraw our current appeal, what will happen to the status of my children as the children and my husband were included as my dependants in the FLR FP application.

Do you mean the home office has been granted permission to appeal at UT? Or that they would be applying for permission?

I think you can keep the children in the appeal, when your ILR is granted, then your children can register as British Citizens. How old are they?

[samra338]

The HO have requested for permission to appeal against the First tier tribunals decision on 26th April but we don't know whether they have been given permission.
Since we had the appeal granted, how long do we wait? Is it better to wait until HO is denied/ given permission to appeal or make a new application? I thought a new application should be fairly straightforward (ofcourse with the problems of expired passport and no valid BRPs) bcos no overstates, all applications made in time and appeal allowed by first tier tribunal.

[samra338]

Sep 2006- Feb 2011 student
March 2011- Feb 2013 PSW
March 2013- March 2016 Tier 2
I was short of 10 years by 5 months so made a FLR FP on the basis of children who have been here for 7 years. The application was refused in June and I appealed against it and won the appeal in April 2017. Today I have received notification of permission to appeal to the upper tribunal by the Home Office. Both me and my husband have completed 10 years but my husband's passport which is with the HO has expired. If we make a set (LR) application now, can his application be rejected bcos of the invalid passport? If we withdraw our current appeal, what will happen to the status of my children as the children and my husband were included as my dependants in the FLR FP application.

Do you mean the home office has been granted permission to appeal at UT? Or that they would be applying for permission?

I think you can keep the children in the appeal, when your ILR is granted, then your children can register as British Citizens. How old are they?

My children are 14 (been in the UK since April 2009) and 6.5 (born in the UK Nov 2010)

[Nauman786]

Dear Samra,

You have two options Wait for Court reply to Home office and if Judge give you date to appear you can tell judge you completed 10 year's and also won by FTT then Hopefully Judge will ask Home office to consider that but this step may be take bit longer because you know how much busy they are.

Second option is to Withdraw your appeal by saying to Court send Fax and kept Receipt that you completed your 10 year's and you want to withdraw your appeal then you can go for Premium Service for your self only and you can apply FLR FP again for your wife and kids because you cannot apply FLR M because once you withdraw appeal your 3C will End and you have 14 to apply for new application so you can apply ILR LR or you can only withdraw your application not your wife and kids in case if your ILR rejected then their 3C will Continuous.

So its up to you .which option will suit you .

Some Embassies can make new Passport if your provide your old passport copy and Appeal Documents for example Pakistan etc. But Expired Passport is not big issue this will not effect your application of ILR.

[samra338]

Thank you Nauman! This is tough waiting but I will see what the FTT tell the HO.

[Waitinglong]

Just to give an update. (I couldn't log in using my old username)

14-11-17 HO denied permission to appeal.
8-12-17 Received letter of implementation by PDCU
22-1-18 Received passports.
Waiting for BRP

[Waitinglong]

I received my BRP in Feb and immediately booked for Premium service to get my ILR based on 10 years long residence. My ILR was granted yesterday

Now I'm registering my son using MN1 but I have a doubt regarding my spouse's ILR. He currently has Leave to remain as a dependant until July 2020 but he has also completed 10 years long residence on his own (Nov 2016).

Can he apply using Set LR provided he has LIUK certificate and B1 test certificate? Or should we use a different form for him?

[CR001]

I received my BRP in Feb and immediately booked for Premium service to get my ILR based on 10 years long residence. My ILR was granted yesterday

Now I'm registering my son using MN1 but I have a doubt regarding my spouse's ILR. He currently has Leave to remain as a dependant until July 2020 but he has also completed 10 years long residence on his own (Nov 2016).

Can he apply using Set LR provided he has LIUK certificate and B1 test certificate? Or should we use a different form for him?

You should ask your questions in your own topic instead of continuing to tag onto another members thread. If your spouse has 10 years legal residence and meets the requirement, he can apply for ILR based on long residence.

[Waitinglong]

Thank you CR001.

This IS my post, since I couldn't retrieve the password for the old id samra338, I created a new one as stated in the older post.
Can you please remove the old id from your database if possible? Thank you.

[CR001]

Just to give an update. (I couldn't log in using my old username)

14-11-17 HO denied permission to appeal.
8-12-17 Received letter of implementation by PDCU
22-1-18 Received passports.
Waiting for BRP

You didn't state you were the same user, you simply stated you couldn't log into old username without stating it was samra338, 'old username' could have been any one of the 1000's we have.

Old usernames are not 'removed'. They are simply deactivated when requested to do so.