pink85 wrote:geriatrix wrote:The fact that you were given a right of appeal means that your application was in-time.
Out of time applications don't get a right of appeal upon refusal.
So what gap(s) are you referring to?
hi...can u pls help me on my case
i have refuse with right of appeal i m going to appeal on tuesday ..my 10 year finishing 27th august..so on 27th can i withdraw appeal and go for peo?
some one said if u withdraw ur appeal so section 3c break from when u got refusal date.is dat truth?my soli said if u withdraw appeal on 27th august so ur section 3c count from the refuse date to withdraw date.
or i have to apply set(lr) while appeal is pending?(in august without withdraw appeal)
i am confuse now..
when i got refuse my previous application dat time ho gave back all passport and other document.
can i apply 28 day before mean 1th aug peo service?i cam uk 27th aug 2006
anyone plss
Hello friend,
If you have a clear straight forward immigration history (no refusals or gaps), you can withdraw the appeal when clock 10 years in August and then submit an application for ILR either by PEO or by Post-better by PEO because immediately you withdraw, 3c ends and you lose the right to work, so if you do PEO no need to resign, you can keep your job.
Not true that if you withdraw appeal then you can not apply for ILR using PEO or Post. They are numerous examples on this forum of people who have withdrawn appeals and have been successful with their ILR application using either peo or post. What I know is that, for instance in your case, suppose they set your appeal case hearing date, lets say in June 2016-just for argument sake (most probably it will be Oct or beyond). If you decided to withdraw the appeal before the hearing date and apply in another category, lets say Tier 4, then that fresh application is rejected, you appeal and the appeal is dismissed, then that will mean you have broken your tens continuity. This is common only common with individuals who are not careful and have winder gaps trying to stretch reaching 10 years.
This is unlikely in your as you have few months to go. All I can say is that if your immigration record is clean go for it, they will grant it. But if you have had issues, let the appeal run its course, if anything, even if you went for appeal and its dismissed, you will still have 14 days in which to apply for ILR based on 10 years.
All the best-please where you still have question marks, feel free to ask again, I will try to help to the best of my knowledge over this matter-and where am wrong, the gurus on here can always make amends. But am very certain all will be well with you as long as you have no issues with your immigration history, such as refusals, gaps, criminal cases, bankruptcy, etc.
