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Urgent healp needed Should I withdraw my appeal?

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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md.hasan1
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Urgent healp needed Should I withdraw my appeal?

Post by md.hasan1 » Sun Aug 24, 2014 12:04 am

8 years as student.2 years on s3c 3d leave.appeal refused at FTT.pending application to FTT to appeal at UT.
What is the best option to apply for ILR(LR).pease healp
ThAnks
Mahadi

Obie
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Re: Urgent healp needed Should I withdraw my appeal?

Post by Obie » Sun Aug 24, 2014 12:06 am

That may be an option to you, provided you qualify and able to make an application within 28 days of withdrawal of appeal, or of the tribunal refusing permission to appeal.
Smooth seas do not make skilful sailors

md.hasan1
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Joined: Fri Jun 27, 2014 9:40 pm

Re: Urgent healp needed Should I withdraw my appeal?

Post by md.hasan1 » Fri Aug 29, 2014 12:07 am

Obie wrote:That may be an option to you, provided you qualify and able to make an application within 28 days of withdrawal of appeal, or of the tribunal refusing permission to appeal.


Thank you so much Obie for your information.
I have throughout my 10 years stay have not been overstayed if I over stay after 10 years completion will HO hold it against me ?.i also work at the moment is my right to work continue?if HO refuse my application will I get appeal right?
Thanks

Obie
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Re: Urgent healp needed Should I withdraw my appeal?

Post by Obie » Fri Aug 29, 2014 12:21 am

When Section 3(C) ends, then right to work will end also. But you have 28 days to make an application after you have overstayed, and it will be considered as an in time application.

You may not have a right of appeal if it fails. You may JR the decision.

It is important that you do it properly, or get someone who knows what they are doing, so you will get it right.

It will be better for Home Office to make a mistake than you.
Smooth seas do not make skilful sailors

md.hasan1
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Posts: 5
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Re: Urgent healp needed Should I withdraw my appeal?

Post by md.hasan1 » Fri Aug 29, 2014 11:26 am

Obie wrote:When Section 3(C) ends, then right to work will end also. But you have 28 days to make an application after you have overstayed, and it will be considered as an in time application.

You may not have a right of appeal if it fails. You may JR the decision.

It is important that you do it properly, or get someone who knows what they are doing, so you will get it right.

It will be better for Home Office to make a mistake than you.

Thank you so much you are an absolute star Obie.

My employer has confirmation from HO about my right to work until January 2015.if I withdraw my appeal now will HO notify my employer or they'll only respond to my employers query until that date.in either case what is my chance of getting a positive response from HO?
Isn't it the last valid leave continues until the determination of an application.does it matter if it's a fresh application after 3c?its not my fault they took so long?

Obie
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Re: Urgent healp needed Should I withdraw my appeal?

Post by Obie » Fri Aug 29, 2014 11:35 am

No, section 3(C) exist after an appeal.

The 28 days concession is found in the Immigration Rules and not in the Statute provision.

Perhaps you should have a chat with you representatives about this.
Smooth seas do not make skilful sailors

md.hasan1
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Re: Urgent healp needed Should I withdraw my appeal?

Post by md.hasan1 » Tue Sep 09, 2014 2:06 pm

Obie wrote:No, section 3(C) exist after an appeal.

The 28 days concession is found in the Immigration Rules and not in the Statute provision.

Perhaps you should have a chat with you representatives about this.
hi Obie
THANKS FOR YOUR REPLY
I have decide not to withdraw my appeal as this will end the 3c.I'm still waiting(2 months) to hear from the FTT in regards to the permission to appeal to the upper tribunal.Is there any chance I could inform FTT that I have completed 10 years lawful residence in order to be eligible to apply for ILR at the same time give an additional ground to tribunal is to consider my current situation based on the fact that I'm eligible for SET(LR) so dismissing my appeal on the original grounds will put me in a situation where my right to work will cease to exist and any subsequent application refused by HO will without any appeal right?
please help.

thank you in advance

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