Hardikjshah83 wrote:Rockefeller wrote:gulll wrote:hi guys,
just quickly wanted to discuss some issue, your response would be highly appreciated.
I am preparing myself for ILR next month, currently am on 3C, 3D due to pending appeal, made my mind for withdrawing appeal and re-applying with in 28 days with fresh long residence application, but my solicitor came up with some suggestion i.e. to variate my application by sending them life in the UK certificate and asking them to consider my long residence application instead of Tier 1, but I am not much satisfied with this suggestion as personally don't think so one can do it as rules suggests, decided application cant be varied.
a) my question here is, does my application falls in decided category as its been refused or until decision is not made from court it will be still consider as pending?
b) secondly how much do you agree with my solicitor advice?
many thanks in advance.
Hi there
You can not vary an application while an appeal is pending. You are only able to vary before HO make a decision on your case or if appeal has been decided in your favour and you are waiting for HO to issue your leave to remain.
You can do either of the following
1) Withdraw your appeal and put in a SETLR application immediately. However, you may want to check whether that there are no gaps on your stay or any other reason why your SETLR may be refused
2) You can add your ten years legal stay as an additional ground of your appeal. The way to do this is to write to both HO presenting officers and tribunal before the hearing date that you are adding 10 year lawful state as an additional ground to be considered during appeal. You will also need to evidence your claim.
to add on the 2nd option - there is no gurantee that the additonal ground will be considered - you may be given 2 years discrentionally leave within that you can apply for 10 yrs ILR, my suggestion - if your case is simple and your appeal is not in near future(3 months) to apply for ILR by withdrawing appeal at SAME TIME - i have done it and got it thru successful.
Thanks for your reply Hardik. Also congratulations on your successful ILR application.
My appeal is due after 5 months while I will be eligible next month should I use 28 days prior application period.
My question is what kinda adversaries could I face if I withdraw and reapply? However I would like to mention that all my previous applications were in time and processed without any problems. My last application was refused on genuine earning test basis, apart from this refusal no problems and no gaps at all throughout this period.
For instance my application falls in refusal category what could be the major reasons for that?
Is it safe for everyone applying ILR after withdrawing appeal or problems can come?
Your response is highly appreciated.
