vinny wrote:Technically, you
couldn't have applied before withdrawing your appeal. However, there's
hope.
Thank you Vinny. I withdraw the appeal by FAX and send the application ILR same day.
By the time tribunal should process the withdraw of permission to appeal to lower tribunal for UTT, The judge had made decision that my permission is not allowed. But they told me that it is in their system that I withdraw my appeal that date.
I think Annex B of section 8.10 said something in line with my enquiry, but similar to appeal process as lawful resident during my last 10 years .
8-10
We should normally exercise discretion to disregard a breach of the
immigration laws (i.e. a period of unlawful residence) only if there are
reasons for the breach which were clearly outside the individual’s
control, or the breach was genuinely inadvertent and short. Examples
would include circumstances where:
the breach occurred at a time when the applicant was a minor
whose parents failed to obtain or renew their leave, or where the
applicant was a victim of domestic violence whose abusive partner
prevented the renewal of leave;
the breach arose due to the rejection of an "in-time", but
incorrectly completed, mandatory application form for leave to
- 24 -
remain, provided there is no reason to doubt that the form was
submitted in good faith;
the breach arose as a result of a late application for leave to
remain where the application was submitted no more than 28 days
late (or in the case of an asylum application was submitted after no
more than 28 days overstaying) and was subsequently granted.
We should exercise discretion to overlook longer periods between
the expiry of leave and submission of application only if there are
exceptional circumstances, such as a family illness or bereavement;
