Ten year Long residency while pending appeal..

hassan5805 · Post by **hassan5805** » Sun Jan 12, 2014 1:44 pm

Hi Gurus, Hope you all ok??
I need to acquire about ten years long residence while appeal pending..
I will appreciate if you guys can help me with this ..
I applied PSW on the basis of ACCA in 2012 and it got refused and then i went in the FTT and my appeal got dismissed by the Honorable Judge..I went in the UTT and then my appeal was allowed on the basis of S47 but dismissed on the Immigration rules.
Now my case is in court of appeal and holding because of another lead case decision pending.. Now my ten years have been complete.

I do not want to apply through solicitors because they are charging substantial amount of money and i cannot afford because not got jobs since year.

Please let me know what will be the appropriate procedure for me to apply my long residence.
Should i withdraw my appeal and make fresh application??
Should i request from court and send amended grounds??
I spoke to Malik Laws on Television and he saying i cant until i win this case.. Is this true??
If i make fresh application what documents i have to send??/
Will appreciate your early response..

Regards

Miangee · Post by **Miangee** » Sun Jan 12, 2014 6:57 pm

Hi
According to rule You cannot make a new application if appeal is on going but You have to tell change of circumstance in court while your hearing and should have to provide them life in Uk test and
English requirement certificate hope fully they will allow in this ground and you should also mention one of the case which Malik law won on this ground that on the appeal if you fulfil requirement your appeal should be considered
Good luck

hassan5805 · Post by **hassan5805** » Sun Jan 12, 2014 8:46 pm

Which case you talking about that Malik Laws won?? Can you please share the case refrence??

Post by **manci** » Sun Jan 12, 2014 9:14 pm

see
https://tribunalsdecisions.service.gov. ... ions/37625

hassan5805 · Post by **hassan5805** » Mon Jan 13, 2014 2:05 pm

Hi But Please let me know what is the correct procedure to follow.

Regards

Post by **Amber** » Mon Jan 13, 2014 6:32 pm

Page 25 wrote:A person may complete 10 years continuous lawful residence whilst they are awaiting the
outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it
is not possible to submit a new application while an appeal is outstanding. However, the
applicant can submit further grounds to be considered at appeal.

If you were to make a SET(LR) application when you had no valid leave, you would have to make sure the form is completed perfectly.

hassan5805 · Post by **hassan5805** » Tue Jan 14, 2014 10:22 am

Thank you very much for your answer. It does make sense to me.
It means i will make fresh application for Long residence and withdrawn my pending appeal???
Thnks amber for your kind reply.

taz123 · Post by **taz123** » Thu Sep 11, 2014 12:31 pm

Hello,

I need a help with my application please, i came to UK in 27 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

oroborpat007 · Post by **oroborpat007** » Thu Sep 11, 2014 2:58 pm

taz123 wrote:Hello,

I need a help with my application please, i came to UK in 27 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,
Take a look at these two cases; http://www.immigrationboards.com/indefi ... 55742.html and http://www.immigrationboards.com/uk-tie ... 45213.html

Withdraw your appeal, get confirmation that it has been withdraw and make a SET(LR) application with the confirmation attached, also attach a Life In the UK certificate and University degrees (taught in English in the UK) or take the English test. Optionally attach about 5 connection letters from 5 people who live in the UK saying that they are your family members or close family friends.

You can apply 28 days before or anytime after the 10 years but not more than 28 days after confirmation that your appeal has been withdrawn. The immigration rules for Long Residence do not allow dependants, after you get your ILR then you can make applications for your dependants.

taz123 · Post by **taz123** » Thu Sep 11, 2014 11:38 pm

Many Thanks for your kind response and precise information.

one more thing my friend i would like to ask you that i have been told by my friends as my case is very delicate so better go with solicitor, i just want your suggestion on this shall i apply through solicitor cause the document you have mention i have got all those things ready.
or shall i do it on my own.
Secondly i have applied with my dependent for my extension last year which got rejected...my query is if i withdraw my application automatically they also got 28 days time if i don't reapply for them along with my visa then they class as overstayer.

kindly advise me....your advised much appreciated.

riz1986 · Post by **riz1986** » Fri Sep 12, 2014 3:38 pm

taz123 wrote:Many Thanks for your kind response and precise information.

one more thing my friend i would like to ask you that i have been told by my friends as my case is very delicate so better go with solicitor, i just want your suggestion on this shall i apply through solicitor cause the document you have mention i have got all those things ready.
or shall i do it on my own.
Secondly i have applied with my dependent for my extension last year which got rejected...my query is if i withdraw my application automatically they also got 28 days time if i don't reapply for them along with my visa then they class as overstayer.

kindly advise me....your advised much appreciated.

Perhaps u could add additional grounds to ur appeal send to UT for consideration......If u want to withdraw ur appeal u could be better off waiting the outcome of UT since ur stay is legal so doesn't affect .....

it wuld be better to go through a good solicitor to avoid complication.....can I ask hw long u hv been waiting for permission to appeal to UT.

taz123 · Post by **taz123** » Fri Sep 12, 2014 4:41 pm

yes i have been waiting for this since last 8 weeks approximately.
nothing heard yet and if i got a PERMISSION STILL I HAVE TO WAIT TILL I GET HEARING DATE I GUESS.

K4 · Post by K4 » Sat Sep 13, 2014 3:39 pm

Miangee wrote:Hi
According to rule You cannot make a new application if appeal is on going but You have to tell change of circumstance in court while your hearing and should have to provide them life in Uk test and
English requirement certificate hope fully they will allow in this ground and you should also mention one of the case which Malik law won on this ground that on the appeal if you fulfil requirement your appeal should be considered
Good luck

Postby manci » Sun Jan 12, 2014 9:14 pm

see
https://tribunalsdecisions.service.gov. ... ions/37625

hi Miangee

the case you highlighted did malik law won the case as the decision says 'appeal dismissed' did the guy finally got his ILR bit confused if you can help me out here please

Zee ali · Post by **Zee ali** » Sat Sep 13, 2014 7:18 pm

K4 wrote:
Miangee wrote:Hi
According to rule You cannot make a new application if appeal is on going but You have to tell change of circumstance in court while your hearing and should have to provide them life in Uk test and
English requirement certificate hope fully they will allow in this ground and you should also mention one of the case which Malik law won on this ground that on the appeal if you fulfil requirement your appeal should be considered
Good luck

Postby manci » Sun Jan 12, 2014 9:14 pm

see
https://tribunalsdecisions.service.gov. ... ions/37625
hi Miangee

the case you highlighted did malik law won the case as the decision says 'appeal dismissed' did the guy finally got his ILR bit confused if you can help me out here please

Appeal was not allowed so no ILR

taz123 · Post by **taz123** » Wed Sep 17, 2014 12:23 pm

Hi shahjee

Can u please guide me I have received a letter from court
About no permission granted for UTT.
So what would be my next step

As I got exactly 10 days to complete my full 10 yrs without 28
Days rule

Kindly guide me

Zaidii · Post by **Zaidii** » Wed Sep 17, 2014 2:11 pm

Send your appeal directly to Upper Tribunal.

riz1986 · Post by **riz1986** » Thu Sep 18, 2014 12:29 am

taz123 wrote:Hi shahjee

Can u please guide me I have received a letter from court
About no permission granted for UTT.
So what would be my next step

As I got exactly 10 days to complete my full 10 yrs without 28
Days rule

Kindly guide me

Apply for FLR (FP) and then vary ur application to SET (LR) once u hv completed 10 yrs.....hv u done Life in UK test .

anddkay2 · Post by **anddkay2** » Thu Sep 18, 2014 10:53 am

taz123 wrote:Hi shahjee

Can u please guide me I have received a letter from court
About no permission granted for UTT.
So what would be my next step

As I got exactly 10 days to complete my full 10 yrs without 28
Days rule

Kindly guide me

taz123 · Post by **taz123** » Thu Sep 18, 2014 5:32 pm

many thanks for your reply...

I didn't understand FLR (FP)??????
yes i have done life in the UK few weeks ....
please advised as lawyer charging me fortune and not giving me a good advised....
please please please its an urgent.

riz1986 · Post by **riz1986** » Thu Sep 18, 2014 7:07 pm

FLR (FP) applying on da basis of private life only to buy some time so that u can hv 10 yrs and then vary ur application to SET (LR).

U can ask da lawyer

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Ten year Long residency while pending appeal..