UKBA Response after submitting ILR while on Appeal help pls

[Omor4real]

please can you suggest best action, as i am a bit confused.

i have flrfp appeal pending and the hearing is in june 2nd, put i made ILR application to HO in January and have done biometric.

However i received a letter from them and the content of the letter is below

your client already has an outstanding appeal against the secretary of state's decision to refuse your client's application for leave to remain as a user to complete.your client is restricted from making a fresh application whilst your client's appeal is outstanding in accordance with section 3c of the immigration act 1971.
your client may apply to the Asylum and immigration tribunal to have your client's application for leave to remain as a user to complete to be treated as a variation of your client's grounds of appeal.To this end, your client's documents have been retained on the Home office file as they may be considered as part of your client's existing appeal.

My lawyer is irritating at the moment because she want me to withdraw my appeal, but am against that so am like the bad client at the moment, so immediately when she saw the letter her best advice is to withdraw appeal but am not changing my stand on that.
So when i send the application am expecting two actions either HO issue ILR or void the application and return my money, but i only receive the letter and no mention of the application being void and my money.

Also please is variation of grounds of appeal the same as adding addition grounds, and should i contact HO in regards to the money or that will be dealt with on appeal day.

[ouflak1]

please can you suggest best action, as i am a bit confused.

i have flrfp appeal pending and the hearing is in june 2nd, put i made ILR application to HO in January and have done biometric.

The rules clearly state that this is not possible. Did your lawyer advise to do this???

However i received a letter from them and the content of the letter is below

your client already has an outstanding appeal against the secretary of state's decision to refuse your client's application for leave to remain as a user to complete.your client is restricted from making a fresh application whilst your client's appeal is outstanding in accordance with section 3c of the immigration act 1971.
your client may apply to the Asylum and immigration tribunal to have your client's application for leave to remain as a user to complete to be treated as a variation of your client's grounds of appeal.To this end, your client's documents have been retained on the Home office file as they may be considered as part of your client's existing appeal.

There decision is technically absolutely correct. I normally try to be positive, but that last sentence would really have me going around in circles. Hopefully your case is compelling enough that they are considering your options to remain....

My lawyer is irritating at the moment because she want me to withdraw my appeal, but am against that so am like the bad client at the moment, so immediately when she saw the letter her best advice is to withdraw appeal but am not changing my stand on that.
So when i send the application am expecting two actions either HO issue ILR or void the application and return my money, but i only receive the letter and no mention of the application being void and my money.

Also please is variation of grounds of appeal the same as adding addition grounds, and should i contact HO in regards to the money or that will be dealt with on appeal day.

Maybe your lawyer has some strategy that she isn't quite letting you in on. I have personally seen applications similar to your situation (application made while appeal pending on another failed application) result in the applicant getting DLR. It's possible this is what she is going for. It does happen.

[Omor4real]

My lawyer idea is to withdraw my appeal and put in ILR without telling me i will lose my right to work, but once i knew that i told him to leave my appeal. As have seen like three people on the forum that said they were issued ILR while their appeal was pending, so i was positive i might be another one or if worst they will void it and return my document and money.

Am just curious when am sending my additional ground do i tell them about the ILR application that i made or just tell them have complete ten years and both my english test and liuk are with home office. Thank you

[Zee ali]

My lawyer idea is to withdraw my appeal and put in ILR without telling me i will lose my right to work, but once i knew that i told him to leave my appeal. As have seen like three people on the forum that said they were issued ILR while their appeal was pending, so i was positive i might be another one or if worst they will void it and return my document and money.

Am just curious when am sending my additional ground do i tell them about the ILR application that i made or just tell them have complete ten years and both my english test and liuk are with home office. Thank you

Those three people appeal were in UT. Still 3c counts in UT, but as their hearing was done for ftt i think HO gives some relaxation. End of the day it also totally depends on caseworker to caseworker.

Your ILR application is already linked with your appeal as stated in the HO Letter. So relax and wait for your hearing now.

[Omor4real]

Thank you Zee Ali that is my thought as well, As am now preparing to send them addition ground for variation of grounds of appeal for ILR and FLRm for my Mrs, do i need to send them the document needed for my wife application and does it have to be original or photocopy.

Also should i point out that HO already had my English test and liuk.

[Zee ali]

Thank you Zee Ali that is my thought as well, As am now preparing to send them addition ground for variation of grounds of appeal for ILR and FLRm for my Mrs, do i need to send them the document needed for my wife application and does it have to be original or photocopy.

Also should i point out that HO already had my English test and liuk.

Ilr Application already linked with your appeal. Just send them Additional grounds letter and state that original sent with Ilr application. Attach photocopies.

[abiswaslaw]

Zee Ali, I think you can help me out. (1) arrieved in 2003 with LTR, extended to 2005, refusal apeal dismissed, in time reconsideration application made - no update until recently. Last month tribunal confirmed with direction scheduled on 30/04/15 "direction for permission for oral hearing". TELL me please if I am on 3c leave unquestionably?? (2) it is likely 3c, if so, how can I vary ground 10 yearlong residency LTR or ILR to be considered? If it is fresh application or variation application (paying full or remaining fees). Thanks

[Zee ali]

Zee Ali, I think you can help me out. (1) arrieved in 2003 with LTR, extended to 2005, refusal apeal dismissed, in time reconsideration application made - no update until recently. Last month tribunal confirmed with direction scheduled on 30/04/15 "direction for permission for oral hearing". TELL me please if I am on 3c leave unquestionably?? (2) it is likely 3c, if so, how can I vary ground 10 yearlong residency LTR or ILR to be considered? If it is fresh application or variation application (paying full or remaining fees). Thanks

when your appeals dismissed in 2005. than what do u mean Reconsideration application made?

and than 10 years u waited and now tribunal approached u ?????????

where u made the reconsideration application HO or tribunal?????????

Did u request your SAR (immigration history)?

[abiswaslaw]

Thank you.

# so far I understand then (2005) it was the procedure to challange tribunal dismissal by completing reconsideration form tha I've done accordingly to tribunal.

# tribunal said it did not received reconsideration request in 2006 - it was a hard hitting dealing involving MP too. When I send tribunal copy of form and other papers, end of the story tribunal take the matter on board and direction for permission to oral hearing of 2006 case scheduled on 30/04/2015. It's looks like 3c leave return.

# reconsider application was made on a specified form to tribunal (now UT) - I believe it is the way to challange the tribunal (now ftt) determination.

# I have made SAR record file request both from UKVI and from tribunal but has not reached yet, I believe it may not reach me before 30/04/2015 as of 40 days timeframe to provide SAR. Even if it does, it wouldn't tell me whether I'm on 3c leave.

# I've made request to tribunal to clarify my status if I'm legally living in UK - tribunal ask me to take legal advice as this request is legal nature and it does not provide legal advice. I've spoken legal expertise or charitable institute who all believe it is likely to be o be 3c leave (but cannot be absolute). I'm thinking to write to senior presenting officer unit UKVI for my status clarification.

# on 30/04/2015 "direction to make permission for oral hearing" before UT- what would be there, what sort of bundle do make to serve? Can I request for variation of ground on 10 year long residence category's?

However, can you please shed any light on?

Thanks.

[sagareva]

to be honest i think you are being silly and your lawyer is right and so is HO (which isn't something you hear me say a lot)

you should have withdrawn the appeal before submitting the new application

and you should now probably withdraw the appeal and submit the application again and pay a new fee, if you are sure you qualify for ILR

that's just my 5 cents

[Omor4real]

to be honest i think you are being silly and your lawyer is right and so is HO (which isn't something you hear me say a lot)

you should have withdrawn the appeal before submitting the new application

and you should now probably withdraw the appeal and submit the application again and pay a new fee, if you are sure you qualify for ILR

that's just my 5 cents

My lawyer chose to make the application without withdrawing the appeal, as she said HO will write her to withdraw it and that way i get to keep my right to work. However after more digging myself i knew all where assumption on her part and i told her to leave my appeal. That i don't mind HO returning it as long as my right to work stay. Am sure have qualified but i will be adding it as additional grounds. Thank you for your contribution but i just found myself with one of those solicitor's that tell you to take certain steps without telling you the consequences.

[Obie]

to be honest i think you are being silly and your lawyer is right and so is HO (which isn't something you hear me say a lot)

you should have withdrawn the appeal before submitting the new application

and you should now probably withdraw the appeal and submit the application again and pay a new fee, if you are sure you qualify for ILR

that's just my 5 cents

She has done the right thing Sagareva in accordance with UKVI policy. It is the lawyer that does not seem to know what he or she is doing.

The OP will lose his/her right to work, while by pursuing the matter on appeal, she has the possibility of maintaining his or her work right, and open the prospect of ILR.

The OP has acted in full compliance with UKVI policy.