I am planning to apply ILR on base of 10 years long residence.
1) I first entered the UK on ..... March 2008 with Valid leave to enter as a student until ...... November 2009.
2) I joined HM Forces in .... April 2009 and was exempt from immigration control.
3) I enlisted in the Army in April 2009 . After my initial training at ........ I trained with ........ Regt I did what is called Phase Two training with ........ Regt. I was with Royal ........ until i left the Army.
4) On .... July 2011 I was discharged from Army on Medical grounds .
5) I made an application for indefinite leave to remain on .... June 2011 before i was discharged from the Army. (2 weeks before my discharge date. )
6) The above application was refused by the decision dated ..... September 2011 . However was granted Discretionary Leave until ....October 2011.
7) On...... October 2011 i made an application for extension of stay. This was refused on ..... April 2012. I had an appeal against the refusal on the .... June 2012.
My appeal was dismissed by a determination dated .... July 2012. I made an application for permission to appeal the upper Tribunal and was granted permission to appeal to the upper Tribunal. My case heard before the Upper Tribunal on .... October 2012.9) By a decision dated ..... October 2012 the upper tribunal remitted my case back to the Secretary of State for the Home Department for new decision.
10) The Secretary of state made a decision on the ... August 2013 to refused to grant me further leave to remain.
11) It is the decision of the ..... August 2013 that i had appealed against now on .... February 2014 that i am waiting for Home office decision.
In which the Judge has allow the appeal to the extent the appeal is remitted to the Secretary of State to consider the Home Office Police set out in Chapter 15 Section 2-A- person seeking settlement :HM Forces.
since then i haven't heard back from the Home office.
My solicitor has send Home office reminders on regular basis regarding the update on my case..
I also applied for SAR in May 2016. Received the paperwork.
Now as i mentioned earlier i am going to apply for 10 years long term residency as i will be in this country for 10 years from ..... March 2018.
My all the documents are with Home office including my passport .
My passport got expired but it was valid at the time of my application was submitted.
I have contacted my Solicitor regarding the 10 yrs ILR and been advised that i need Life in UK and B1 certification before i can submit the file.
i have done the Life in UK exam , but for B1 exam i need my passport . which i haven't got it .
i have been advised by the solicitor that i can submit my application without the B1 certification as my passport is with Home office.
But solicitor has asked me that before submitting the file i have to apply for new passport with .... High Commission and tell them that its with Ho and got expired and this way i will get the reference number for the new passport and with that solicitor will send the file and once i will receive my new passport i will attend the B1 exam and once i will receive the B1 certification i can pay extra amount and get upgrade my services and then the fast track answer on my file ( 10 days)
Could you please help me with the below listed questions .
Q1. What will happen to my previous file if i will submit the new one, do i have to withdraw or it will automatically cancelled .
Q2. I have read on the Board that as a commonwealth HM forces discharged member i do not need B1. ( i got medically discharged so i am falling into this category )
Q3. Solicitor has thoroughly checked and sure that i am fulfilling the 10 year term ??
Q4. what documentations do i need this time as my all the paperwork are already with Home office.
Q5. How can i get my new passport ? Do i have to notify Home office first and get the old one or i can get the new one without telling the home office .
If you need any more further information please feel free to ask.
I am looking forward to hearing from you.
kind Regards