10 years Lawful Residence Inquiry

[scorpio81]

Dear Forum Members

I have recently applied for my ILR on the basis of Long Residence. Following is my history

Entered UK 9th March 2004
6 years student+2 years psw
2 years spent awaiting decision on tier 1 entrepreneur application under 3C and 3D (1 year app in process and 1 year in appeal)
All extension applications were IN TIME.

Appeal from upper tribunal got rejected on 24th February 2014. In the appeal refusal letter the judge mentioned 5 different factors for refusal, including mentioning the previous decisions made by the 1st tier judge. One of the point was:-

"The appellants seek permission to appeal six days out of time against the dismissal of their appeals against the respondents refusal to grant them tier 1 entrepreneur status . Their representatives ascribe the delay to a change of representation".

My question is that will these 6 days delay effect my lawful stay in the UK.?

The judge did not dismiss the appeal on the basis of out of time appeal application, he took all other reasons into consideration as well. but he did mention this 6 days out of time factor as well. I changed my representative so it took them time to apply.

Is it the judges discretion to allow or disallow out of time appeals, if there is a reason behind applying late.?

[vinny]

See also Level playing field for extensions of time.

[scorpio81]

Thnx Vinny.

That was quite detailed.

So it means that the judge in my case did not refuse the appeal on out of time application, instead it was refused on merit. So i should be within 3D at that particular time and after that.?

Thanks

[vinny]

Out of time appeals

If an out of time appeal is permitted by the First-tier Tribunal, leave under section 3C or 3D is taken to apply from the date the court accept the appeal which will reinstate the applicant’s conditions under their previous grant of leave. In these circumstances the applicant will not have been covered by 3C leave between the date of the original refusal and the day before 3C leave is reinstated. From that date, section 3C leave will continue until the appeal is finally determined, withdrawn or abandoned. In each of these instances, the effective date is two days after the decision was posted out to the applicant.

[scorpio81]

Hi vinny

Thanks a lot for the reply. This clears things up a bit.!

From your experience can u plz assess wat situation am i in, considering the following:-

Last date for upper tribunal to receive my appeal was 21 jan.

The tribunal received & accepted appeal on 27 Jan (6 days out of time) . The judge has stated this in refusal.

Will HO disregard these 6 days for considering my ILR on terms if ling residency as they are less than 28 days.?

I received refusal from upper tribunal dated 26 feb & i applied for LONG RESIDENCE ILR straightaway. Do u think this shud b fine.?

Thnx a lot for your time and consideration mate.