ILR right of appeal

[Skc84]

Hello,

I had a query about right of appeal.

If one applies for ILR before current expiry of visa and it gets refused will a right of appeal be given?

I have heard that right of appeal is only given if ILR application has been submitted within 28 days before expiry of current visa and not if the application is more than 28 days before current visa expires as the applicant has more tHan 28 days leave left on current visa. This scenario is for same day service at PEO.

I am aware a right of appeal is given if application is submitted before expiry of current visa where a decision is taken by HO after expiry. Normally happens in postal applications.

Please let me know what happens in case of same day service within 28 days of current visa. Will a right of appeal be given?

Thanks

[Obie]

If you make a same day application, you will have an extant leave on the day of the application, so it is highly unlikely that as a result of a refusal, you are left without a leave to remain.

[Skc84]

Thanks Obie for your reply.

But I am sorry I am not able to understand it. Could you please explain me.

Thanks again

[Obie]

The quickest answer to your question is a no, and your assessment is correct.

[Skc84]

Thanks again.

So you mean a right of appeal will be given for same day service if application is submitted to PEO only within 28 days before expiry of current visa? Right?
And won't be given If submitted more than 28 days before expiry at peo same day

Please please confirm. Many thanks

[Obie]

I am saying the exact opposite of that.

[Skc84]

Thanks

Example: tier 2 visa expires 5th sept
Applied for ILR same day service: 25th August

In case of refusal appeal right given or no?

Thanks again

[Obie]

No appeal rights

[Skc84]

Thanks for the confirmation