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10 years Long Residency application, While Tier 1 Entrepreneur refusal application on appeal.

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

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18ILR
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Bangladesh

10 years Long Residency application, While Tier 1 Entrepreneur refusal application on appeal.

Post by 18ILR » Sat Mar 17, 2018 1:02 pm

Hello Everyone,
I will be grateful, If you guys share your experience or expert answer about the matter. I have a Tier 1 Entrepreneur refusal application due to hear July 2018, but I will complete my 10 years residency on May 2018.I am planning to make an ILR application on 10 years long residency route on May 2018 on same day service. My questions are in bellow,

Do I need to withdraw my Tier 1 Entrepreneur appeal before go to same day service for ILR? Without withdraw the appeal, Shall I go for same day service? If I withdraw my appeal my 3C continuation will break and I need to resign from my current job on same day? My current salary is £22000 PA , If I don't get the visa on same day, Shall I make my spouse application as my dependent on FLR(M) next day via post?

Looking forward to hearing from respectable forum members. Thank you. :? :?

vinny
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Re: 10 years Long Residency application, While Tier 1 Entrepreneur refusal application on appeal.

Post by vinny » Sat Mar 17, 2018 2:21 pm

Why was your application refused?
Long residence wrote:The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal
A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.
If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the long residence application and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.
If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

18ILR
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Bangladesh

Premium Service Centre advise to make postal application for ILR, Cause someone whose case is complex

Post by 18ILR » Sun May 27, 2018 9:15 pm

Premium Service Centre advise to make postal application for ILR, someone whose case is complex because of personal circumstances


Hello Everyone,
Today I’m here to share my stories and get advice from you guys, hope you guys won’t be bored.I have tier1(entrepreneur) (Application made May 2013) visa on appeal due to hear on June 2018 but beginning of May 2018, I have completed 10 years Long residency. First week of April 2018 I have booked an appointment for PSC Sheffield on Mid May, day before my appointment , my solicitor sent the fax to First tier tribunal to withdraw my appeal. On my my appointment date went to the PSC, entered into the centre after security check, submitted my application with new passport ( old passport was with HO with tier 1 application, and also expired), uk degree certificate, life in the uk certificate and appeal withdraw fax confirmation, the person taken my application asked me where is my BRP? I said with HO, he noted on a paper. Took my documents, given me token number, and said they will call me for biometric, I was the first person submitted the SET(LR) application at the centre at 8am, afterwards waiting for biometric , by that time they have been taken 5-6 application, none of them have been called for biometric almost 30-40 mints, then case worker called my name, went to Her, She came with a letter and said to me, rejected my application, due to my gov uk guidence , my case was complex for personal circumstances ( cause original previous passport and BRP was elsewhere in home office) and advised me to send application thorough post.i said you can keep my application but make the decision later when you will get my previous passport and BRP, she said, no , cause you paid for same day service and she can’t make the decision on same day , therefore she will refund my fees, it will come to my account within 10 working days, then I said, why you can’t take my application, told her an example that my tier 1(entrepreneur) application partner went to Birmingham PSC 2 weeks before, and taken his application (but did not get decision on same day till today waiting for decision)Then she said to me, already spoken to her Manager and can’t make the decision saneday. also 2 weeks before my appointment date, my solicitor sent a letter to t1 entrepreneur team to send all my original documents to PSC. Also I was aware that they have been sent off some complex application since Feb 2018, Then I have sent my application through post with psc reference, they have received my application 18 May 2018 and debited fees on 22 May, now waiting for acknowledge letter, my question to you guys, after I receive the acknowledge letter, is there any chance I can upgrade , SET(LR) standard postal application to premium upgrade (with fees £610) or priyority service for 5days decision time(with fees £510)? Please advice me , how I can upgrade for quick decision? Looking forward to hearing from you guys. I will be so grateful, if you could answer my queries . Thank you very much.

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CR001
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Re: 10 years Long Residency application, While Tier 1 Entrepreneur refusal application on appeal.

Post by CR001 » Tue May 29, 2018 11:07 am

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Sunmitos
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Re: 10 years Long Residency application, While Tier 1 Entrepreneur refusal application on appeal.

Post by Sunmitos » Fri Jun 22, 2018 10:57 am

hi, kindly advice as I am in same both as you.i 'll be 10yrs in September but my hearing is in July.i made an application under my 7yrs old daughter who is now 9.i requested for adjournment as I am heavily pregnant with some medical problems. it's been adjourned but no new hearing date yet from d court.i most 've been 10yrs + by then.kindly advice pls.what should I do then.life in the UK passed and English language requirement passed as well.scared of withdrawing as I heard my 3c 'll b broken.kindly shear yours with me pls.thanks.

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Re: 10 years Long Residency application, While Tier 1 Entrepreneur refusal application on appeal.

Post by CR001 » Fri Jun 22, 2018 11:12 am

Sunmitos wrote:
Fri Jun 22, 2018 10:57 am
hi, kindly advice as I am in same both as you.i 'll be 10yrs in September but my hearing is in July.i made an application under my 7yrs old daughter who is now 9.i requested for adjournment as I am heavily pregnant with some medical problems. it's been adjourned but no new hearing date yet from d court.i most 've been 10yrs + by then.kindly advice pls.what should I do then.life in the UK passed and English language requirement passed as well.scared of withdrawing as I heard my 3c 'll b broken.kindly shear yours with me pls.thanks.
Can you please post in your own topic you already have. general-uk-immigration-forum/ilr-due-13 ... l#p1645382

Your circumstances are not the same as the OP in this thread and posting here will only create confusion.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Sunmitos
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Re: 10 years Long Residency application, While Tier 1 Entrepreneur refusal application on appeal.

Post by Sunmitos » Fri Jun 22, 2018 1:29 pm

hi cr001, I have posted previously on my page but had no responses till dat.can you kindly advice regarding my last post.thanks alot.

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CR001
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Re: 10 years Long Residency application, While Tier 1 Entrepreneur refusal application on appeal.

Post by CR001 » Fri Jun 22, 2018 1:36 pm

Sunmitos wrote:
Fri Jun 22, 2018 1:29 pm
hi cr001, I have posted previously on my page but had no responses till dat.can you kindly advice regarding my last post.thanks alot.
If members are not responding it is either because your posts are not clear or no one has the answer or is able to offer advice.

Please continue in your own topic.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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