- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
FLR FP application is more appropriateILR10YEARBASIS wrote:Hi,
Many thanks for reading my post.
I came to UK on student visa valid from 28/08/2005. I entered UK on 12 Sept 2005. I have successfully studied and extended my leave to remain as a student. My current leave was valid till 30 April 2016 but my College was revoked by UKVI . I received curtailment letter from UKVI stating my leave to remain has been curtailed till 15 February 2015.
so my total legal stay in UK is 9 years and six months.
What should I do now ?
I dont want to go on student route as I am aware of fact that if my application for extension is refused I will have no right of appeal
Please tell me how can I complete this 6 months ?
Why not?ILR10YEARBASIS wrote:I have been exploring this FLR FP option with Solicitors , they are suggesting that even FLR FP might NOT get a right of appeal.
@Zaidi if let say he is right. We dont have to worry as our applications and appeal r before october 2014.Zaidii wrote:Quote
"Even if you get a right of appeal which now seems impossible , you will have to wait till your hearing date , few wweeks before the hearing date assuming you have completed ten years lawful residance your solicitor need to add additional grounds to your appeal informing both the court and Home office solicitor that the appellant has completed ten years lawful residance. but if you withdraw your apppeal and make a fresh SET LR application than your apapplication will be refused as the time when you make the FLR FP to when you withdraw your apppeal will NOT count aa legal residance. Section 3 d will not count."
What's the source of the above information?
ILR10YEARBASIS wrote:http://www.legislation.gov.uk/ukpga/201 ... d/data.htm
Solicitor told me this plus read above legislation on Appeals
I don't think these lawyers know what they are doing really.ILR10YEARBASIS wrote:https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf
please read the above pdf especially the section where it aays what happens when you withdraw an appeal and make a fresh application , the case workers are advised to reject thw application as invalid , even the application on the same day the day when appeal is withdrawn.
Seniors please comment on this.
Yes but logic behind is different.ILR10YEARBASIS wrote:https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf
please read the above pdf especially the section where it aays what happens when you withdraw an appeal and make a fresh application , the case workers are advised to reject thw application as invalid , even the application on the same day the day when appeal is withdrawn.
Seniors please comment on this.
85(4) allows tribunal to consider new matter, and having acquired 10 Years on the day of hearing is a matter which the tribunal will be required to take into account.ILR10YEARBASIS wrote:https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf
please read the above pdf especially the section where it aays what happens when you withdraw an appeal and make a fresh application , the case workers are advised to reject thw application as invalid , even the application on the same day the day when appeal is withdrawn.
Seniors please comment on this.
Thanks @obie to clarify in detailObie wrote:85(4) allows tribunal to consider new matter, and having acquired 10 Years on the day of hearing is a matter which the tribunal will be required to take into account.ILR10YEARBASIS wrote:https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf
please read the above pdf especially the section where it aays what happens when you withdraw an appeal and make a fresh application , the case workers are advised to reject thw application as invalid , even the application on the same day the day when appeal is withdrawn.
Seniors please comment on this.
It is true that Section 3C does not allow you to make a fresh application, so if such an application is made, it will be invalidated, and the Home Office will inform the presenting officers unit, and those issues may be dealt with at the hearing.
Thank you for taking your precious time to explain many times, i think the solicitor's do that so that they can make your case more complicated and that will in turn generate more revenue for them. I am currently still with mine because i might end up going to tribunal, because with all the information am getting from here is like am now the one telling her what is appropriate or not. The other time that i was filling my ILR form they told me fixed penalty point is criminal record, i have to fight with them by showing them where home office said it is not. The most annoying thing is when she advice my wife and i to withdraw our FLR(FP) appeal and make new application without telling us the consequences and when i asked her will that not terminate our 3c and give my wife a gap since she is here since 2007, then she said oh that is true.Obie wrote:I hope i have explained it well.
I have tried to explain the law and the policies attached on several occassion, and it appears the solicitors, or so they call themselves, appear to confuse you guys, and then the confusion is brought to the forum, and further confuses other guys.
The law is straightforward, it is the so called solicitors that are the source of confusion.