taz123 wrote:Assalmualikum bhai
I need a help with my application please, i came to UK in end of sept 2004 and since then i have been extending my visa till 2011 as a student then from 2011 to 2013 i have granted with PSW on the basis of MSc. finally after doing a lots of discussion with solicitors and immigration advisers i have applied for level 8 course (Tier 4 student) for further extension to complete my lawful 10 yrs however my visa got rejected.
I been to FTT refuse again, i went for FTT review decline, now my case is on appeal permission for UTT still awaiting i have completed my 10 yrs as per the law 28 days before.
My lawyer said i need to submit a new application, while appeal is pending (Confused)
I had spoken to HO they said i need to withdraw my appeal and submit a new application as per 3c 3d rule.
My questions are?
Firstly i got 28 days to complete my 10yrs am i be still eligibl to apply for long residency or i have to wait till my 10yrs completed as i'm on 3c 3d rule .
secondly what forms i have to used because some said LR some says Set (o)
Thirdly do i compulsory need to withdraw my appeal and submit new application.
Fourthly i got 2 dependents what forms i have to used for my dependents and what is the procedure?
I have learn many things from this forum but in these circumstances and situation there is no proper solutions or results so please guide me and help me and tell what necessary steps i need to take.....if any one have come across with the same situation please let me know their experience.
all helpful answers are much appreciated
Hi Taz123 ,
W SALAM bro ,
Wel come to the forum ,
Well one of my friend had same case as yours all appeals refused on five year cap ..some how completed his 10 years last sept 2013 and filed his SET(LR) which also refused but not refused on the ground of 5 years cap in the end of his ten years but due to home office clerical mistakes he had a gap of more then 75 days however his appeal is due in December 2014 and inshaallah he will get ILR because he has all the documents which can challenge HO time line on refusal letter .
In short his story is almost same as yours he has done Msc and got PSW ...after finishing PSW he applied for tier 4 but refused in MARCH 2013 because of 5 years cap he excercised all his appeal right and higher tribunal all of them refused and he reached to july 2013 and 10 years were completed in Sep 2013...One of his lawyer also advised him to apply fresh application to regularised his stay he did the same thing and in the mean time he exactly at 10 th anniversary he vary the application to SET (LR) ...again i can remind you his SET(LR) application is refused in March 2014 but not on the ground of five years cap but on some other silly reason ...
Now see your case in the light of above scenerio , where are u standing ?
first in your case , can you please tell me that after MSC which course did you apply as level 8 ? was it PHD ?
Secondly if you have our dependent with you then why in any of your appeal they didn't consider your personal married family life in UK ?
because in my friend case he was not married so they didn't apply any discretion however in the first tribunal the judge remove the REMOVAL clause from his decision made by HO , judge said you can not be removed from the country on that basis ,
Let me answer your question according to my understanding and knowledge but bro keep this in mind we are not practising professional advisor / lawyer and this forum is also not made for this purpose , we give our opinion according to our understanding and knowledge , it is the members own responsibilities to verify all the information and take their decision their own
Q 1:- Well according to the rules any one can apply 28 days before his or her 10 anniversary in this country but my friendly advise you and all members those who are on 3c and 3d or those who are short of more then 28 days in their visa try to complete 10 years legally and apply for SET(LR) exactly on their 10th anniversary ,
again i can repeat those who are short of more then 28 days in their 10 years or they are on 3c or 3d only not others ...those who had their visa valid after 10th anniversary can apply 28 days before .... Lot of professional solicitors are also practising this and advising their clients to avoid any disappointment apply 10th anniversary those who are short of more then 28 days as HO can make any issue regarding your complete 10 years so try to regularised your stay till your 10 anniversary and do not give a single chance to HO to refuse your application..
so i will suggest you apply exactly at your 10th anniversary .
Q2 : If you are applying for 10 years long residency basis you must have to use SET(LR) no matter you are on 3c or 3d ....
Q3 : I am really not sure about it that by withdrawing your appeal and apply for SET (LR) same day will effect your long residency or not ... [ seek professional advise on it or shahjee or some other member can reply you this question ] In my friend case after the refusal of higher tribunal appeal his lawyer suggested him to apply for the fresh application he did but didn't registerd his bio and vary application at 10th anniversary however another lawyer told him that you don't need to apply for fresh application after final hearing decision you were on deemed leave which give right to the applicant to apply for any category with in 90 days ..well but it was too late for him to excersied the deem leave and luckily in his refusal letter this new application didn't create any problem ....
Q4: Here you have to tell us when their visa are expired , if your child is born here you don't need to apply for him/her :- shah jee will answer you this in detail ....
i am sorry can not give you all the answer of your question but hope its help
Regards ,
S .Akaram