Hi Wandali,ILR102014 wrote:Hi Wandali,wandali wrote:Hi guys
I need your help. It's now 10 years since I have been leaving in UK but I have an appeal with the UPPER tribunal for my entrepreneur visa which I am waiting to hear from them. But my question is can I withdrawal the appeal and put in a new application for my indefinite leave to remain? And if so since the home office have my passport and the copies of my passport that I have do not clearly show the dates of when I was out of the country and returned although I know all together they're less than 190 days for 10 years that I have been in Uk.
I have spoken to my lawyer and he says the new rules does not allow you to put in a new application while you have a pending appeal is this true? Please help
I think your solicitor is true, while you have a pending application you cannot apply for the new application, the only way you can do is you have to withdraw the current pending application and then apply the new one. But if you do this, Home Office may consider that you have lost the continous live in this country and they may reject your application...
May be some senior gurs might be able to give you better opinion...
I fully agree with ILR102014, if you have a pending appeal you can't apply a new application during that time, or vary the grounds of your initial application. The only way is to withdraw and apply a new application on SET(LR), but mind it that as ILR102014 rightly pointed out you don't want your long residency be put at stake while you are going through the process of with drawl of your appeal, so please make sure that your 10 years are complete in the country and as soon as you with draw your appeal, you apply for you SET(LR), and you already have your claim for a 10 years long residency in the country, and nothing will take it away from you. Even if you than want to wait for the out come of the appeal process or want to with draw it, that is up to you, but your claim of 10 years long legal residency stands, and at least you have an arguable case.
All the best mate.
Kind regards
Shahjee