ILR due to 10 years long residency query

[favour]

Hello Gurus,

Please I will appreciate your response and advise regarding my queries below.

A brief history;
I came into the UK on tier 4, sept 6 2005. Immediately after my studies I was on psw visa, then after this I was on tier 4 visa from 2008 till mid 2013.
I applied for tier tier 4 visa again in 2013 but varied my application to flo after few weeks.
I paid the difference in fees as required by the home office guidance but unfortunately the application was returned as invalid in sept, I had to send this back with a cover letter and another full payment but got a refusal letter in November stating that I fall under refusal because I have over stayed etc. I went for a judicial review immediately, but home office withdrew, after 4 months and said they will reconsider. This time it was refused again, that we fall under refusal bbcs we are over stayers, but they gave us appeal rights.
We appealed in April2015 and worn the appeal. Judges letter received in May and also letter from home office post decisions unit was received in May, stating that we worn and that they have been instructed to reconsider the initial variation application as it is valid and intime according to the rules.

I am yet to receive a new decision, it's about 4/5 weeks till 10 years long residence,

1) can I apply for 10 years long residence? If yes when is it the best time? Wait till September?
2) can I use the peo service?
3) as my passports is with them do I need to show other evidence for long residence?
4) how may my new application affect my spouses continuous stay?
5) is a lawyer necessary or this application

Thanks in advance for your time and response.

[favour]

I forgot to mention that my visa was granted in August 2005 but I came to UK in sept 2005.
Please ZeeAli, Obie, etc Ii am anxiously waiting for your valuable response, thank you

[favour]

Please guys, share your opinion. Thanks

[favour]

There are new developments, we got a letter this morning that indicated that decision has been made since 20th July, with right of appeal within 14 days.
Please should we go ahead and do a pro application asap, and if failed then continue with the appeal, or should we just go ahead with the appeal and forget about ill for now?

[geriatrix]

There are new developments, we got a letter this morning that indicated that decision has been made since 20th July, with right of appeal within 14 days.

I am guessing it is a refusal .. because it mentions right of appeal. Please confirm.

If so, what is the reason for refusal given?

[favour]

Hello Sush,
Thanks for ur response. Yes it was a refusal. They now admitted that our previous flro ( for few months as prospective student) application of 2013 is in time, but still refused under human right reasons, I.e you have not lived in the UK for 20 years etc.
Though this decision was made on July 20th we did not receive it till yesterday August 8. It was sent to a wrong solicitors address.

[geriatrix]

Have your passport(s) been returned?

And why was the letter sent to a wrong solicitor address? Because you did not inform HO that you had changed solicitors?

[favour]

No, passport is still with home office.
It's their mistake, latest correspondence before decision letter was sent to the correct address.
We would never have know there was a dcision if not because subsequence ECS check came out negative two weeks ago after being positive two months ago. we were wondering what happened, we could not get any useful info from the helpline, so we wrote a letter to the case worker directly last week. Response then came yesterday.

We intend to go ahead with appeal next week, do you know if 3c/3d will come into effect, considering the fact that we would have proven its an Intime appeal?

What's your opinion re,10 years long residence due in 4 weeks?

[geriatrix]

Why do you want to appeal? If you appeal you will not be able to make a ILR application.

Now that HO has admitted that your initial FLR(O) application was an in-time application, you have never been an overstayer. So you have 14 days from the day your received this refusal letter when section 3C will be in play. You will only become an overstayer when these 14 days lapse .... but you have further 28 days from that day on to apply for ILR!

Rough calculations:
Refusal letter received from HO: 07-Aug-15
Section 3C leave last date: 21-Aug-15
Overstayer from: 22-Aug-15
Can apply for ILR until: 18-Sep-15

I would strongly suggest that you apply for settlement before 21-Aug., if you can.

See Apply to settle in the UK: long residence.

[favour]

Thanks for your response.
If (I pray this does not happen as there is no reason to) the ilr is refused, will there be an appeal right?
I know 3c will be lost until approved.

Appealing is a lawyers suggestion, but I know making the right choice is important.

[geriatrix]

I believe the law associated with the rights to appeal has been amended recently, and now it is only in very specific cases that one gets a right to appeal. In most of the cases, one gets the right to administrative review only.

[favour]

Hello,
Apart from a possible waste of money, having to appeal and then widthrraw, is there any other disadvantage of going for the appeal first ?

[geriatrix]

Money and (a lot of) time.

[favour]

Hello, I iust realised that my solicitor just put in the appeal this morning instead of Monday as he promises before.
Can I simultaneously go ahead to peo, by the16tg August and still apply for ilr,
I am assuming that the ho would not have received the notice of appeal anyway.
But par adventure the case worker claimed I am not yet here lawfully for 10 years. I know I will loose the £1900 but will the will the appeal also be invalidated?

[favour]

what if a refusal letter was sent to a wrong solicitor address and it was later resent and received after about 3 weeks.
refusal- 20th july
sent to wrong solicitor address, (I later have evidence that the letter was sent back to the home office by royal mail, signed received on 30th of July)
a copy of the refusal sent to me - 5th august
received -7th august.

Does 20th of July to 5th or 7th of August count as overstaying?

[physicskate]

Hello, I iust realised that my solicitor just put in the appeal this morning instead of Monday as he promises before.
Can I simultaneously go ahead to peo, by the16tg August and still apply for ilr,
I am assuming that the ho would not have received the notice of appeal anyway.
But par adventure the case worker claimed I am not yet here lawfully for 10 years. I know I will loose the £1900 but will the will the appeal also be invalidated?

Your case is complex; I would not advise a PEO appointment. You cannot appeal and pursue a new application.

[favour]

thanks physicskate. I will keep having faith.

@Sushdemeta, I wish I was bold enough to follow your advise to go for the ILR immediately after receiving the refusal letter instead of putting in an appeal.( as my daughter will say I am a scaredycat)
It is been about 4 weeks and no progress at all re -appeal.
Please I need your advice again, when the appeal is finally processed in your opinion what do you think is advisable, change to paper appeal , which is said to be quicker, or withdraw the appeal and go to PEO.
Thank you for your time.

[physicskate]

thanks physicskate. I will keep having faith.

@Sushdemeta, I wish I was bold enough to follow your advise to go for the ILR immediately after receiving the refusal letter instead of putting in an appeal.( as my daughter will say I am a scaredycat)
It is been about 4 weeks and no progress at all re -appeal.
Please I need your advice again, when the appeal is finally processed in your opinion what do you think is advisable, change to paper appeal , which is said to be quicker, or withdraw the appeal and go to PEO.
Thank you for your time.

You have had a visa refusal - you cannot use a PEO because your case is automatically considered complex.

[favour]

there are many ppl on this forum who has successfully gone for PEO appointment for ILR based on long residence after refusal.
It depends on general immigration status. I have never over stayed.

[favour]

Thanks to Jesus I eventually took the bold step and withdrew this appeal.
I got the approval letter today. The whole process took 3.5weeks.

2days to get confirmation email of withdrawal, 7 days to go for PEO appointment and two weeks waiting for approval.

Thank you everybody.