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I have asked the same from a few experts around and was been told if your appeal has been dismissed you can make a fresh application in 28 days and you will be fine with 10 years long residency. But if your fresh application get refused then your 10 years continuity will break.tanvir1985th wrote:well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter
well i need a strong proof regarding that. because long residency guidance does not answer this question straightway rather in some sense it says continuity will be brokenwow99 wrote:I have asked the same from a few experts around and was been told if your appeal has been dismissed you can make a fresh application in 28 days and you will be fine with 10 years long residency. But if your fresh application get refused then your 10 years continuity will break.tanvir1985th wrote:well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter
tanvir1985th wrote:well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter
no i havent. well i am certain about this anyway. but my question is about what happens after fresh application?rehan01 wrote:Have u already completed 10 years while waiting for appeal outcome? If yes than your 10 years long term residency is not broken and this is according to my research about this
Regards
tanvir1985th wrote:well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter
tanvir1985th wrote:no i havent. well i am certain about this anyway. but my question is about what happens after fresh application?rehan01 wrote:Have u already completed 10 years while waiting for appeal outcome? If yes than your 10 years long term residency is not broken and this is according to my research about this
Regards
tanvir1985th wrote:well i have posted this question before and did not get any satisfactory answer and there seems to be lot of contradiction and confusion regarding this matter. according to section 3c my current leave is extended unless the appeal process is exhausted. so when appeal right is completely exhausted then comes 28 days to make a fresh application. and its been said in the long residency guideline until a decision is made on that fresh application my status is overstayer and more than 28 days overstaying will break my continuity. so the question is to u gurus if i make a fresh application during that 28 days will it break my legal status regardless when a decision is made? or actually once appeal right is exhausted 28 days begin from the date of the home office refusal date and any subsequent application will break the continuity anyway? please help me in this matter
princess of ammi would u mind reading page 20 of long residency guideline of ukba where it talks about out of time application made on or after 9 july 2012 and let me know what u think? thanks for yr timePrincess of Ammi wrote:Hi guys,
An actual leave expires with the expiry date on a biometric card, an applicant off course would have applied for an extension, switching etc before it expired if it goes successful then again expiry date on your new biometric is when your leave expires, if this applicant faces a refusal the day he receives a refusal is the day his status to be an illegal immigrant unless he lodges an appeal if he wins his status is reinstated back to normal as a person with valid leave because decision to refuse this application was wrong.
You get given 28 days once you face a refusal (this includes UKBA decision, first tribunal and upper tribunal) that enables you to re-apply or make new application into a different category is a provision which does not confer a right for an add on the time as to complete 10 years.
For those who complete their 10 year on the day or before they receive the determination their claim towards 10 years long residency is subject to appeal decision. The moment you withdraw the appeal to submit any new application FLR or ILR is the moment your leave and status expire, by doing so you admit the decision to refuse an application was right, and then any new submission is on their merit.
One and only way to win 10 years long residency is to win an appeal, on arrival of a positive determination an applicant should send a varied application(ILR, if 10 years complete) without any further delays.
Sorry it cause a heart break
Thanks,
Thanks for sharing your experience.gulrose786 wrote:I met this man personally so let me share my experience.
His appeal was dismissed by first-tier tribunal to extend leave as post study work applicant
Reasons
1. deception because his level 7 diploma was not varified
2. he did not disclose traffic offense
after first tier tribunal dismissal he applied for ILR on the basis of 10 years long residency and he was in uk for the last 9 years and 6 month by the time when he made new application.
home office took several months to decide his new application. he got ILR successfully on the new application made after First tier tribunal dismissal when his total stay reached 10 years 3 days .
Yes it does count to long residency if application is made within 28 days and then approved.robeenson12 wrote:Mate Tanvir 1985th,
i am on the same situation now as you were. could you please update me, if fresh application by withdrawing the appeal counts towards a long residency.
I will appreciate it mate if you could reply to my question.
regards
Robeenson`1