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Long residence wrote:The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal
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 the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the long residence application and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.
If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.
You don't seem to know what you want, i can't count how many time you have asked this question.abiswaslaw wrote:Thank you for reply. Yes, withdrawing is one option, negative side is it will make me overstayer if so, despite of 28 days overstayer is allowed. Being taking any risk of being overstaying is not good idea. Can you pl help me if any other option available without being overstaying? Thanks
Vinny, thanks for that. It is pretty complected one than normal. in 2006 in time appeal lodged against SSHD extension refusal decision and appeal was dismissed then. That IJ determination (2006) has been set aside in 2015 by UT and remit back to FT, awaits scheduling hearing. SSHD confirmed appellant present status as 3c. In that case -vinny wrote:No.