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Hey everyone I need your advice

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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Ars786
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Posts: 2
Joined: Sat Dec 23, 2017 3:46 pm
Pakistan

Hey everyone I need your advice

Post by Ars786 » Sun Dec 24, 2017 3:36 am

Hi everyone, I have been in London from September 2008 on student visa which got refused in 2015 but they gave me the right to appeal, which I did it on time. Then they refused me from lower tribunal and then from upper after that they didn't give me the right to appeal further, while had one year to complete 10 years, after they refused me from upper tribunal I put a new application FLRO which is still pending, I still need 8 months to complete 10 years, any suggestion?
The second thing I wanna to ask, is my 10 years long residency is broken after the refuel of upper tribunal, if I complete my 10 years will they give me Ilr, or will they refused me? If the refuse will I have a chance to get appeal rights, how many percent chancing of winning the appeal?

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makky86
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Joined: Sun Aug 05, 2012 3:41 pm
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United Kingdom

Re: Hey everyone I need your advice

Post by makky86 » Sun Dec 24, 2017 9:44 am

Hi everyone, I have been in London from September 2008 on student visa which got refused in 2015 but they gave me the right to appeal, which I did it on time. Then they refused me from lower tribunal and then from upper after that they didn't give me the right to appeal further, while had one year to complete 10 years, after they refused me from upper tribunal I put a new application FLRO which is still pending, I still need 8 months to complete 10 years, any suggestion?
Yes, if appeal is refused all that time cannot be counted towards 10 years long residency. You'll have to wait for your FLR application update. On what basis you have applied FLR ?


The second thing I wanna to ask, is my 10 years long residency is broken after the refuel of upper tribunal, if I complete my 10 years will they give me Ilr, or will they refused me? If the refuse will I have a chance to get appeal rights, how many percent chancing of winning the appeal?

Yes, its broken. There is no point applying for 10 years ILR it will be refused straight away and waste your money.
I am not sure if they you get another chance of appeal and if you are given it will not be positive.

Your only chacne now is to wait for FLR to be approved.
II Youths a stuff neve endures II

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

Re: Hey everyone I need your advice

Post by Casa » Sun Dec 24, 2017 10:03 am

You also face being refused under aggravating circumstances
3. RFL7.3 What are aggravating circumstances? (includes)
vexatious or frivolous applications;


This is applicable to applications which are made simply to buy time, with no grounds for approval.

https://www.gov.uk/government/publicati ... raph-32011
(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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