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10 years long residence applications

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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azka
Junior Member
Posts: 60
Joined: Sun Feb 02, 2014 12:22 pm

Re: 10 years long residence applications

Post by azka » Sun Mar 23, 2014 8:26 pm

I have applied on the basis of 10 year long residency still waiting for reply as rules are changing 6th april 2014 I am going to apply FLR M for my wife, her application fall under the old rules which allow her to include third party support.

in December I brought £ 10000 pound from Pakistan to buy a new car, I Deposit £ 10000 pounds in bank

Question I want to ask you from senior Members can I show this money as a third party support??? if answer is yes how and where exactly I can show this money??? is it Section 7B ??? if this is section 7b should I write £10000 or Do I have to show as weekly along with my 1375 PCM salary

please suggest me

kind regards

azka
Junior Member
Posts: 60
Joined: Sun Feb 02, 2014 12:22 pm

Re: 10 years long residence applications

Post by azka » Sun Mar 23, 2014 8:28 pm

azka wrote:I have applied on the basis of 10 year long residency still waiting for reply as rules are changing 6th april 2014 I am going to apply FLR M for my wife, her application fall under the old rules which allow her to include third party support.

in December I brought £ 10000 pound from Pakistan to buy a new car, I Deposit £ 10000 pounds in bank

Question I want to ask you from senior Members can I show this money as a third party support??? if answer is yes how and where exactly I can show this money??? is it Section 7B ??? if this is section 7b should I write £10000 or Do I have to show as weekly along with my 1375 PCM salary

please suggest me

kind regards
If i can show third party support only then I would be able to qualify A-B =c adequate funds

khani
Member
Posts: 121
Joined: Mon Jan 13, 2014 8:54 pm

Re: 10 years long residence applications

Post by khani » Sun Mar 23, 2014 8:37 pm

scorpio81 wrote:
khani wrote:
scorpio81 wrote: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 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.?

Thanks
Well, This could put your application in difficult position, HO could render all the period you waited form out of time appeal to decision as illegal stay since you submitted your appeal out of time. I dont know if the 28 days concession on out of time application applies to pending appeals too or not. Hope for the best. Wish you goodluck.


Well the situation is that the last date to apply to upper tribunal was 21st January 2014. The Upper Tribunal received my appeal on the 27th January 2014, with an explanation from my representative saying that because i change representative hence it took some days to go through the process.

In the meantime my employer wrote to the home office to confirm my right of work in the UK (1st week of February 2014). My employer got a letter from the Home Office on the 7th February 2014, saying that i have the right to work in the UK on the basis of an ongoing outstanding appeal.

Hence i think this clarifies that after the tribunal received my appeal, the judge accepted it on the basis that because i changed representative, hence i was 6 days late, so that accepted it. Because if it would not have been accepted OR stated OUT OF TIME, then the UKBA would have had said to my employer that i do not have the right to work.? (overstay).

I think that its judges discretion, if they want to accept late appeals, with a valid reason they can. Because the judge did not refuse my appeal on the basis of out of time, he refused it saying that there is no error of law. Hence the 24th February would be considered as the time when all my appeals were exhausted.

What do experienced people in this forum think about this.?

Thanks
Judge can accept any out of time appeals on their own discretion and grant the appeals, but HO will treat it as overstay time even if judge has accepted the appeal. You can read further here,
https://www.gov.uk/government/uploads/s ... 8.0EXT.pdf

You should apply for SAR report, it will confirm everything.

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: 10 years long residence applications

Post by ahyang0129 » Sun Mar 23, 2014 8:48 pm

SSWSZ wrote:
Malavan wrote:Hi guys,
I'm a new member in this website and gonna submit my application next month based on 10years HO rules.
Just few questions and I appreciate if you reply:
1. I noticed that HO gonna make some changes from 6th of April, what this changes will effect us?
2. My wife came to UK Oct 2007 and I was wondering can I submit an application for her as well or not? If not what type application will I have to submit for her when I had my ILR (inshalah)?



you can apply your wife with you by using form FLR(m) .the new rules mean your wife has to wait for 5 more years to get ILR as who are applying after 6 April should apply using appendix FM means income threshold +5 years residential requirement as spouse of settled person.but I still wonder student are not allowed to work or they can work part time how they will full fill income threshold .wait for some senior member and they will ans you.
3. Im on tier4 student visa and what will happen if I withdraw the course when my application is in HO for process?

im sure many people discussed these questions before but unfortunately as im a new in the board I couldn't find my answers and I confused more.
I've heard there is some link we can update our state and see other people's time line but I couldn't find either. I appreciate it if you could send me that link as well.
Again in advance thanks for your help and advise and hopefully all of us will be free soon!

one option for people have no employment income in the uk is to show £18,600*2.5+£16,000=£62500 for a couple (plus an extra £3,800 for one dependent child and extra £2,400 for each additional child) in cash savings for 6 months. please check this document.

or an easier way is to run through FLR(M) form section 7A or VAF4A appendix 2 (if apply from overseas) and you'll have a picture about what they are asking for.

but notice this (if an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold.) and hope in the end there will be a favourable outcome for immigrants in this case.

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: 10 years long residence applications

Post by ahyang0129 » Sun Mar 23, 2014 9:18 pm

azka wrote:
azka wrote:I have applied on the basis of 10 year long residency still waiting for reply as rules are changing 6th april 2014 I am going to apply FLR M for my wife, her application fall under the old rules which allow her to include third party support.
in December I brought £ 10000 pound from Pakistan to buy a new car, I Deposit £ 10000 pounds in bank
Question I want to ask you from senior Members can I show this money as a third party support??? if answer is yes how and where exactly I can show this money??? is it Section 7B ??? if this is section 7b should I write £10000 or Do I have to show as weekly along with my 1375 PCM salary
s
If i can show third party support only then I would be able to qualify A-B =c adequate funds
not really sure what do you mean by the £10000 as third party support. if you still have the amount in a bank account under your name which can be accessed immediately then i think you might just want to write it down in the FLR(M) form p.30 (and show it in your bank statement).

azka
Junior Member
Posts: 60
Joined: Sun Feb 02, 2014 12:22 pm

Re: 10 years long residence applications

Post by azka » Sun Mar 23, 2014 9:30 pm

ahyang0129 wrote:
azka wrote:
azka wrote:I have applied on the basis of 10 year long residency still waiting for reply as rules are changing 6th april 2014 I am going to apply FLR M for my wife, her application fall under the old rules which allow her to include third party support.
in December I brought £ 10000 pound from Pakistan to buy a new car, I Deposit £ 10000 pounds in bank
Question I want to ask you from senior Members can I show this money as a third party support??? if answer is yes how and where exactly I can show this money??? is it Section 7B ??? if this is section 7b should I write £10000 or Do I have to show as weekly along with my 1375 PCM salary
s
If i can show third party support only then I would be able to qualify A-B =c adequate funds
not really sure what do you mean by the £10000 as third party support. if you still have the amount in a bank account under your name which can be accessed immediately then i think you might just want to write it down in the FLR(M) form p.30 (and show it in your bank statement).
thanks ahyang0129 I mean by £ 10000 pounds I brought it from pakistan to buy a car which I deposited in bank then I bought a car £ 8500 after one month, As you suggested my wife can say on page 30 we have got third party support of £ 10000 pounds as an evidence bank statement attached showing money came in Do I have to mention for what reason that money was , now money has been spent on buying a car ???

jojo351
Junior Member
Posts: 61
Joined: Mon Mar 10, 2014 1:27 pm

Re: 10 years long residence applications

Post by jojo351 » Sun Mar 23, 2014 10:27 pm

Just wondering after the HO offered reconsideration, did they ask you to post you current BRP or Passport or Police Reg Cert before they informing the outcome?

smileybee
Newbie
Posts: 38
Joined: Wed Aug 14, 2013 12:29 am

Re: 10 years long residence applications

Post by smileybee » Sun Mar 23, 2014 10:52 pm

Just wonder, once ILR is granted, what is the restriction in terms of day absent from uk? Or how to maintain ILR?

scorpio81
Junior Member
Posts: 65
Joined: Tue Mar 04, 2014 12:17 am

Re: 10 years long residence applications

Post by scorpio81 » Sun Mar 23, 2014 11:14 pm

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 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.?

Thanks[/quote]

Well the situation is that the last date to apply to upper tribunal was 21st January 2014. The Upper Tribunal received my appeal on the 27th January 2014, with an explanation from my representative saying that because i change representative hence it took some days to go through the process.

In the meantime my employer wrote to the home office to confirm my right of work in the UK (1st week of February 2014). My employer got a letter from the Home Office on the 7th February 2014, saying that i have the right to work in the UK on the basis of an ongoing outstanding appeal.

Hence i think this clarifies that after the tribunal received my appeal, the judge accepted it on the basis that because i changed representative, hence i was 6 days late, so that accepted it. Because if it would not have been accepted OR stated OUT OF TIME, then the UKBA would have had said to my employer that i do not have the right to work.? (overstay).

I think that its judges discretion, if they want to accept late appeals, with a valid reason they can. Because the judge did not refuse my appeal on the basis of out of time, he refused it saying that there is no error of law. Hence the 24th February would be considered as the time when all my appeals were exhausted.

What do experienced people in this forum think about this.?

Thanks[/quote]

Judge can accept any out of time appeals on their own discretion and grant the appeals, but HO will treat it as overstay time even if judge has accepted the appeal. You can read further here,
https://www.gov.uk/government/uploads/s ... 8.0EXT.pdf

You should apply for SAR report, it will confirm everything.[/quote]

Hi Khani

Thanks a lot for the detailed publication. I have gone through it and i cannot find anywhere in it where it says anything about the out of time appeal and discretion of judge not considerd by home office. As you said that even if a judge allows or refuses an appeal using their discretion, the home office treats it as out of time. Could you please specify where this is written.?

I shall be very thankful to you if you can point this out to me in the publications or anywhere in the UKBA.

I have applied for SAR as well.

Many Thanks

msmussaf
Member
Posts: 116
Joined: Tue Mar 11, 2014 6:53 pm

Re: 10 years long residence applications

Post by msmussaf » Sun Mar 23, 2014 11:30 pm

khani wrote:
scorpio81 wrote: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 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.?

Thanks
Well, This could put your application in difficult position, HO could render all the period you waited form out of time appeal to decision as illegal stay since you submitted your appeal out of time. I dont know if the 28 days concession on out of time application applies to pending appeals too or not. Hope for the best. Wish you goodluck.
If accept that you were overstay 6 days but when court accept your out of time appeal you were covered by 3c or 3d. Its mean you were overstay only 6 days. If we think optimistically HO gives the concession of 28 days overstay as per rule.

send me your email address in PM I ll send you two documents regarding appeal matters. May be these can clear your view.

msmussaf
Member
Posts: 116
Joined: Tue Mar 11, 2014 6:53 pm

Re: 10 years long residence applications

Post by msmussaf » Sun Mar 23, 2014 11:39 pm

scorpio81 wrote: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 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.?

Thanks
Well the situation is that the last date to apply to upper tribunal was 21st January 2014. The Upper Tribunal received my appeal on the 27th January 2014, with an explanation from my representative saying that because i change representative hence it took some days to go through the process.

In the meantime my employer wrote to the home office to confirm my right of work in the UK (1st week of February 2014). My employer got a letter from the Home Office on the 7th February 2014, saying that i have the right to work in the UK on the basis of an ongoing outstanding appeal.

Hence i think this clarifies that after the tribunal received my appeal, the judge accepted it on the basis that because i changed representative, hence i was 6 days late, so that accepted it. Because if it would not have been accepted OR stated OUT OF TIME, then the UKBA would have had said to my employer that i do not have the right to work.? (overstay).

I think that its judges discretion, if they want to accept late appeals, with a valid reason they can. Because the judge did not refuse my appeal on the basis of out of time, he refused it saying that there is no error of law. Hence the 24th February would be considered as the time when all my appeals were exhausted.

What do experienced people in this forum think about this.?

Thanks[/quote]

Judge can accept any out of time appeals on their own discretion and grant the appeals, but HO will treat it as overstay time even if judge has accepted the appeal. You can read further here,
https://www.gov.uk/government/uploads/s ... 8.0EXT.pdf

You should apply for SAR report, it will confirm everything.[/quote]

Hi Khani

Thanks a lot for the detailed publication. I have gone through it and i cannot find anywhere in it where it says anything about the out of time appeal and discretion of judge not considerd by home office. As you said that even if a judge allows or refuses an appeal using their discretion, the home office treats it as out of time. Could you please specify where this is written.?

I shall be very thankful to you if you can point this out to me in the publications or anywhere in the UKBA.

I have applied for SAR as well.

Many Thanks[/quote]


I m with you scorpio81. I got documents that when court accepts out of time appeal using there discretion then the appellant covered by 3c or 3d and withdraw the enforcement action. If someone need I can provide. And most importantly judge's wording matters.

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: 10 years long residence applications

Post by ahyang0129 » Sun Mar 23, 2014 11:45 pm

azka wrote:
ahyang0129 wrote:
azka wrote:I have applied on the basis of 10 year long residency still waiting for reply as rules are changing 6th april 2014 I am going to apply FLR M for my wife, her application fall under the old rules which allow her to include third party support.
in December I brought £ 10000 pound from Pakistan to buy a new car, I Deposit £ 10000 pounds in bank
Question I want to ask you from senior Members can I show this money as a third party support??? if answer is yes how and where exactly I can show this money??? is it Section 7B ??? if this is section 7b should I write £10000 or Do I have to show as weekly along with my 1375 PCM salary
If i can show third party support only then I would be able to qualify A-B =c adequate funds
not really sure what do you mean by the £10000 as third party support. if you still have the amount in a bank account under your name which can be accessed immediately then i think you might just want to write it down in the FLR(M) form p.30 (and show it in your bank statement).
thanks ahyang0129 I mean by £ 10000 pounds I brought it from pakistan to buy a car which I deposited in bank then I bought a car £ 8500 after one month, As you suggested my wife can say on page 30 we have got third party support of £ 10000 pounds as an evidence bank statement attached showing money came in Do I have to mention for what reason that money was , now money has been spent on buying a car ???
i didn't say "you have got third party support" and i still don't understand why you say that the £10000 is of third party support. is that money not under your name so not under your own control?

if the money spent is yet to be shown in the bank statement you submit (for example, it is spent last week but this transaction is not shown in the latest bank statement which is dated, say, three weeks ago, and will be within 28 days prior to the application date), i don't think you want to tell them the money is gone. you might just need to declare the source of the money and that should be ok (for example, savings from the salaries of your previous job in Pakistan, gift from parents or relatives...).

what i mean is that since it is an amount of money in your bank account under your control, it is just part of your cash savings and not 'third party support'. as far as i know for the old financial requirement there is no definite amount of money you need to have. you just need to convince the caseworker that you and your partner can live comfortably in the uk (adequate maintenance).

you might want to read this IDI to see what kinds of Evidence they will accept without a problem.

scorpio81
Junior Member
Posts: 65
Joined: Tue Mar 04, 2014 12:17 am

Re: 10 years long residence applications

Post by scorpio81 » Sun Mar 23, 2014 11:58 pm

msmussaf wrote:
scorpio81 wrote: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 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.?

Thanks
Well the situation is that the last date to apply to upper tribunal was 21st January 2014. The Upper Tribunal received my appeal on the 27th January 2014, with an explanation from my representative saying that because i change representative hence it took some days to go through the process.

In the meantime my employer wrote to the home office to confirm my right of work in the UK (1st week of February 2014). My employer got a letter from the Home Office on the 7th February 2014, saying that i have the right to work in the UK on the basis of an ongoing outstanding appeal.

Hence i think this clarifies that after the tribunal received my appeal, the judge accepted it on the basis that because i changed representative, hence i was 6 days late, so that accepted it. Because if it would not have been accepted OR stated OUT OF TIME, then the UKBA would have had said to my employer that i do not have the right to work.? (overstay).

I think that its judges discretion, if they want to accept late appeals, with a valid reason they can. Because the judge did not refuse my appeal on the basis of out of time, he refused it saying that there is no error of law. Hence the 24th February would be considered as the time when all my appeals were exhausted.

What do experienced people in this forum think about this.?

Thanks
Judge can accept any out of time appeals on their own discretion and grant the appeals, but HO will treat it as overstay time even if judge has accepted the appeal. You can read further here,
https://www.gov.uk/government/uploads/s ... 8.0EXT.pdf

You should apply for SAR report, it will confirm everything.[/quote]

Hi Khani

Thanks a lot for the detailed publication. I have gone through it and i cannot find anywhere in it where it says anything about the out of time appeal and discretion of judge not considerd by home office. As you said that even if a judge allows or refuses an appeal using their discretion, the home office treats it as out of time. Could you please specify where this is written.?

I shall be very thankful to you if you can point this out to me in the publications or anywhere in the UKBA.

I have applied for SAR as well.

Many Thanks[/quote]


I m with you scorpio81. I got documents that when court accepts out of time appeal using there discretion then the appellant covered by 3c or 3d and withdraw the enforcement action. If someone need I can provide. And most importantly judge's wording matters.[/quote]


hi msmussaf

thanks for your reply. i am new to this forum and dont know how to PM you. could you please share those documents with me by sending them through to me as a PM.?

Rockefeller
Junior Member
Posts: 52
Joined: Tue Jul 09, 2013 3:08 pm
Mood:
United Kingdom

Re: 10 years long residence applications

Post by Rockefeller » Mon Mar 24, 2014 2:08 am

Hi Scorpio

Read the new HO policy on 3C and 3D leave. I think it answers your question.

https://www.gov.uk/government/publicati ... d-3d-leave
scorpio81 wrote:
msmussaf wrote:
scorpio81 wrote: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 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.?

Thanks

dreamcatcher
Newly Registered
Posts: 26
Joined: Wed Feb 24, 2010 12:57 am

Re: 10 years long residence applications

Post by dreamcatcher » Mon Mar 24, 2014 11:16 am

Dear respected members,
I will be completing my 10 years in september 2014 and am on Tier 2 General right now with my contract coming to an end next month. Do you think I would still be OK if I apply 28 days before the completion of 10 year period and my Tier 2 leave is still not curtailed?

scorpio81
Junior Member
Posts: 65
Joined: Tue Mar 04, 2014 12:17 am

Re: 10 years long residence applications

Post by scorpio81 » Mon Mar 24, 2014 12:22 pm

Thnx a lot Rockefeller

That is quite comprehensive explanation and it does answer my questions. (Specially PAGE 8 of 26) which states as follows:-

"Leave is extended automatically under sections 3C(2)(b) and 3D(2)(a) during the 10 day
appeal period whether or not the person does in fact appeal. If an appeal is not brought, any
leave extended by section 3C or 3D ends after the 10 day period unless the appeal is
allowed out of time. If an appeal is brought (made) in time, leave is extended by section 3C
until the appeal is finally determined, withdrawn or abandoned.

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.

Any removal action that has been started following the original refusal must stop."


So in ur experience do u think that i overstayed for only 6 days and HO would not consider this as overstay because of the 28 days concession OR they might not consider it overstay AT ALL because the judge accepted the appeal.?

Thnx v much for your time.!

[quote="Rockefeller"]Hi Scorpio

Read the new HO policy on 3C and 3D leave. I think it answers your question.

https://www.gov.uk/government/publicati ... d-3d-leave

[quote="scorpio81"][quote="msmussaf"][quote="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 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.?

Thanks

smileybee
Newbie
Posts: 38
Joined: Wed Aug 14, 2013 12:29 am

Re: 10 years long residence applications

Post by smileybee » Mon Mar 24, 2014 12:39 pm

Thank God. I have received my documents back with an approval letter. Just waiting for biometric card now. Praise the Lord

Rockefeller
Junior Member
Posts: 52
Joined: Tue Jul 09, 2013 3:08 pm
Mood:
United Kingdom

Re: 10 years long residence applications

Post by Rockefeller » Mon Mar 24, 2014 12:41 pm

Hi Scorpio81
I think your interpretation of the rules to your circumstances is both reasonable and fair. Personally, I do not think you have overstayed given your appeal was accepted by the upper tribunal and was not dismissed along that line. However, even if HO ruled that you have indeed overstayed for six days they will still have to disregard it given the period did not cross the 28 days threshold. On that basis my friend I would ask you to relax, be hopeful and pray for success.

GOd Helps
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Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: 10 years long residence applications

Post by GOd Helps » Mon Mar 24, 2014 12:51 pm

smileybee wrote:Thank God. I have received my documents back with an approval letter. Just waiting for biometric card now. Praise the Lord
congrats whwn did you apply

Staffs12
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Posts: 36
Joined: Tue Feb 18, 2014 2:42 pm

Re: 10 years long residence applications

Post by Staffs12 » Mon Mar 24, 2014 12:57 pm

smileybee wrote:Thank God. I have received my documents back with an approval letter. Just waiting for biometric card now. Praise the Lord
Congrats enjoy your freedom

fahadali09
Newly Registered
Posts: 10
Joined: Mon Mar 24, 2014 12:52 pm

Re: 10 years long residence applications

Post by fahadali09 » Mon Mar 24, 2014 1:27 pm

Hi I am new in this forum. Please can member of this forum help me regarding my Dependent FLR(M) visa application.I applied for ILR on the basis of 10 years long residency in first week of December 2013 and hoping to get reply this week or early next week. My wife got tier one dependent visa before July 2012 and I have one son born in UK in August 2013. My question is if I want to apply for my wife FLR(M) before 6th April 2014 what level of maintenance funds do i need to show and in FLR(M) form do I need to give full details of my son in section 4 because I want to apply for my son Citizenship directly rather then dependent visa. Thanks

smileybee
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Joined: Wed Aug 14, 2013 12:29 am

Re: 10 years long residence applications

Post by smileybee » Mon Mar 24, 2014 1:28 pm

Thanks thank.

I applied on 10th of dec 2013
Biometric done on 9th of Jan 2014
Then received documents today and biometric should be later today according to dx

Good luck to others

msmussaf
Member
Posts: 116
Joined: Tue Mar 11, 2014 6:53 pm

Re: 10 years long residence applications

Post by msmussaf » Mon Mar 24, 2014 1:42 pm

Scorpio

This was the document which i was talking about.


https://www.gov.uk/government/publicati ... d-3d-leave
Last edited by msmussaf on Mon Mar 24, 2014 2:31 pm, edited 1 time in total.

KashRIz
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Posts: 214
Joined: Tue Jan 28, 2014 2:45 pm

Re: 10 years long residence applications

Post by KashRIz » Mon Mar 24, 2014 1:53 pm

smileybee wrote:Thanks thank.

I applied on 10th of dec 2013
Biometric done on 9th of Jan 2014
Then received documents today and biometric should be later today according to dx

Good luck to others
Heyyyy congratulations......Hopefully you are smilling now .........Hope we will get our docs soon...
Freedom is every thing.....simply loving it.

msmussaf
Member
Posts: 116
Joined: Tue Mar 11, 2014 6:53 pm

Re: 10 years long residence applications

Post by msmussaf » Mon Mar 24, 2014 2:33 pm

GOd Helps wrote:
smileybee wrote:Thank God. I have received my documents back with an approval letter. Just waiting for biometric card now. Praise the Lord
congrats whwn did you apply


congtrats Man. Now you hav breath ease

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