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Applying for ILR while Appeal is pending

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Bluebirth
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Posts: 1
Joined: Sun Jun 25, 2017 8:43 pm

Applying for ILR while Appeal is pending

Post by Bluebirth » Mon Jun 26, 2017 4:44 am

Dear Sir,

I came in the Uk in May 2007 as student and I have remained here legally till today June 2017.
Actually from May 2007 till June 2015 I was on the valid visa. In June 2015 my last school sponsor licence was revoqued and I was given a 60 days letter(curtailement letter) to either find a new school or live the Uk. I tried finding a school but infortunaly I didn't have enough money to pay for one then. By then I have clock 8 years legally without a single break. So before my 60 days run out I applied for FLR base on private life and it was refused but I was lucky to get a right to appeal, I made the appeal on time and it is remain pending till today and I have already clock the 10 years while I am waiting for the appeal.

Can anyone help me what to do here. If I can apply for ILR while the appeal is pending, if not what should I do? I heared that I should withdraw the appeal first before making an application but that's little bit technical which I don't know how to go about it. As I am not sure how to go about it and I don't want anything to affect my status while been covered by section 3c of the immigration rule.

Your suggestions would be much appreciated. Thanks

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Applying for ILR while Appeal is pending

Post by Casa » Mon Jun 26, 2017 9:47 am

Under sections 3C and 3D of the Immigration Rules, it is not possible to submit a new application from within the UK while an appeal is outstanding
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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