Apply new ilr application-10 years lawfull residency

[probleminuk]

Hi I am completing my 10 year long residency on 28 august 2017. I am very confused on some question. Kindly please anybody can help me out? My appeal in upper tribunal. Do I need to withdraw my appeal from court to apply ilr in home office or can I apply without withdraw appeal from court?
Second I want to apply in personal at home office so how many days before I can apply ilr?

Thank you

[zimba]

Assuming that you have been protected under section 3C, you need to withdraw the UT appeal before applying for ILR.
HO might reject your request to withdraw the appeal. You can apply in person when appeal is withdrawn.

[probleminuk]

Assuming that you have been protected under section 3C, you need to withdraw the UT appeal before applying for ILR.
HO might reject your request to withdraw the appeal. You can apply in person when appeal is withdrawn.

Thank you very much for reply. I have one more question please. My 10 years is completing in 28 august 2017. Can I apply 28 days before in person when appeal is withdraw or I have to wait 28 august 2017 ?

[zimba]

28 days before the 10 years is complete if the appeal was withdrawn.

[probleminuk]

28 days before the 10 years is complete if the appeal was withdrawn.

Thank you zimba88.
How much the financial requirement for me to apply extension of my wife and three children's?

[zimba]

ILR has no financial requirement. If you have dependants who are not eligible for ILR yet, then they have to apply for FLR(M) which has min £18,600 annual income and A2 level English language requirement

[probleminuk]

ILR has no financial requirement. If you have dependants who are not eligible for ILR yet, then they have to apply for FLR(M) which has min £18,600 annual income and A2 level English language requirement

Thank you zimba88.
I have one more question please. My wife and three children's are my dependent with my application. There appeal also with me in upper tribunal. I have a question. When I will withdraw my appeal they appeal will be withdraw automatically or still will remain in court?

My wife has complete Ascentis level award in ESOL skills for life (speaking and listening entry 1 QCF) English course from Brough of Hounslow community College. Is it acceptable for complete visa requirement?
Thank you

[probleminuk]

ILR has no financial requirement. If you have dependants who are not eligible for ILR yet, then they have to apply for FLR(M) which has min £18,600 annual income and A2 level English language requirement

Thank you zimba88.
I have one more question please. My wife and three children's are my dependent with my application. There appeal also with me in upper tribunal. I have a question. When I will withdraw my appeal they appeal will be withdraw automatically or still will remain in court?

My wife has complete Ascentis level award in ESOL skills for life (speaking and listening entry 1 QCF) English course from Brough of Hounslow community College. Is it acceptable for complete visa requirement?
Thank you

Hi zimba88 and other friends.
I just want to know please before withdraw my appeal from UT and apply ILR at PO.
If appeal is refused from FT and apply permission to appeal at UT on time and your 10 years completed while permission to appeal application in preocess at UT is it 3c continues for ilr?

Please answer anyone I m very confused and worry about .
Thank you

[Obie]

HO might reject your request to withdraw the appeal. You can apply in person when appeal is withdrawn.

Is there a legal basis for them to do this, or it is a policy?

[probleminuk]

HO might reject your request to withdraw the appeal. You can apply in person when appeal is withdrawn.

Is there a legal basis for them to do this, or it is a policy?

Hi obie sorry I do not understand, could you please tell me what is your answer mean? Thank you for reply

[zimba]

HO might reject your request to withdraw the appeal. You can apply in person when appeal is withdrawn.

Is there a legal basis for them to do this, or it is a policy?

I meant to say UT instead of HO.
Obviously you cannot apply for a leave when section 3C is engaged so any appeal needs to be withdrawn to disengage section 3C. The section 3C/3D guide says that UT must agree for an appeal to be withdrawn first:

Where permission to appeal to the Upper Tribunal has been granted a party cannot withdraw their appeal until the Upper Tribunal agrees to the withdrawal. Where the Upper Tribunal agrees to the withdrawal it must notify the parties. The appeal and any section 3C leave will continue until the Upper Tribunal notifies the parties that the appeal is withdrawn. The effective date of the withdrawal of the appeal is contained in the notice issued by the Tribunal.

[zimba]

I just want to know please before withdraw my appeal from UT and apply ILR at PO.
If appeal is refused from FT and apply permission to appeal at UT on time and your 10 years completed while permission to appeal application in preocess at UT is it 3c continues for ilr?

As long as any appeal is in process and you have not exhausted all your options, you are protected under section 3C which is counted towards your lawful stay. However in order to apply for ILR you MUST withdraw any appeal first as the immigration act does not allow you to apply for a new application when section 3C is engaged. I suggest to withdraw the appeal when your 10 years is complete and apply for SET(LR)

[Obie]

I am with you. I thought you were referring to a new changes . At present one needs to get permission from the Home Office to raise new grounds at the FTT.

Unfortunately I don't think rule 17 applies to a permission to appeal application. So one can withdraw without permission, I believe.

[probleminuk]

HO might reject your request to withdraw the appeal. You can apply in person when appeal is withdrawn.

Is there a legal basis for them to do this, or it is a policy?

I meant to say UT instead of HO.
Obviously you cannot apply for a leave when section 3C is engaged so any appeal needs to be withdrawn to disengage section 3C. The section 3C/3D guide says that UT must agree for an appeal to be withdrawn first:

Where permission to appeal to the Upper Tribunal has been granted a party cannot withdraw their appeal until the Upper Tribunal agrees to the withdrawal. Where the Upper Tribunal agrees to the withdrawal it must notify the parties. The appeal and any section 3C leave will continue until the Upper Tribunal notifies the parties that the appeal is withdrawn. The effective date of the withdrawal of the appeal is contained in the notice issued by the Tribunal.

Thank for reply
So when I request to UT withdraw the appeal and receive confirmation can I apply Ilr at person home office within 14 days? In this case is it 3c will continue long residency or will break?

[zimba]

When you withdraw it your section 3C ends,so you have 14 days to apply for ILR

[probleminuk]

When you withdraw it your section 3C ends,so you have 14 days to apply for ILR

Thank you for reply

The 14 days time will start when I send request to UT withdraw the appeal or 14 days time will start when I will receive the confirmation of withdraw appeal from UT?

[zimba]

Generally two days after the date of confirmation of withdrawal

[probleminuk]

Generally two days after the date of confirmation of withdrawal

Thank you for your help. I have one question for my dependant visa please. My dependant (wife and three children's )are with me 4 years 3 months in uk. After my successful Ilr which visa I should apply for them?

[zimba]

If you are granted ILR via SET(LR), then they need to apply for FLR(M) which means their ILR clock will start from zero again

[Casa]

For FLR(M) you will also need to show that you meet the minimum income level of £27,200 per annum. These can be joint earnings.

The visa fees for your wife and 3 children will be £3972 + £500 each for the NHS surcharge = £5972. This is for a postal application.

If your family choose to apply in person through the Premium PSC service, the additional fee for 4 applicants will be £2360

[probleminuk]

For FLR(M) you will also need to show that you meet the minimum income level of £27,200 per annum. These can be joint earnings.

The visa fees for your wife and 3 children will be £3972 + £500 each for the NHS surcharge = £5972. This is for a postal application.

If your family choose to apply in person through the Premium PSC service, the additional fee for 4 applicants will be £2360

Thank you Casa. I have one question please. I am self employed and employer as well. If I show from self employed 2016-2017 tax return £15000 and from my work £15000 total £30000. Does it full fill dependent USA requirement?

[probleminuk]

For FLR(M) you will also need to show that you meet the minimum income level of £27,200 per annum. These can be joint earnings.

The visa fees for your wife and 3 children will be £3972 + £500 each for the NHS surcharge = £5972. This is for a postal application.

If your family choose to apply in person through the Premium PSC service, the additional fee for 4 applicants will be £2360

Hi Casa thank for reply. I have one question please.
Can I use my self employed and employee wages to full fill £27200 visa requirement for extension of my dependent?

[probleminuk]

If you are granted ILR via SET(LR), then they need to apply for FLR(M) which means their ILR clock will start from zero again

Thank for reply zimba88. I am confused your answe can you please explain?
My wife and children's join me in may 2013 as dependent of PSW visa. My dependent spend 4 and half years in uk. When I will get Ilr. Which visa extension they will get and after how long will be eligible to apply Ilr?

[probleminuk]

For FLR(M) you will also need to show that you meet the minimum income level of £27,200 per annum. These can be joint earnings.

The visa fees for your wife and 3 children will be £3972 + £500 each for the NHS surcharge = £5972. This is for a postal application.

If your family choose to apply in person through the Premium PSC service, the additional fee for 4 applicants will be £2360

Hi Casa
Please advise me for my wife visa extension. My wife booked A2 English test at trinity college unfortunately they did not give permission caused she don't have original passport with. Passport held at HO.
My wife has completed ESOL (speaking and Listening Entry 1 QCF) from Hounslow adult and community education. Is it acceptable to complete English requirement?

[zimba]

Thank for reply zimba88. I am confused your answe can you please explain?
My wife and children's join me in may 2013 as dependent of PSW visa. My dependent spend 4 and half years in uk. When I will get Ilr. Which visa extension they will get and after how long will be eligible to apply Ilr?

What is the confusion ? They need to switch to FLR(M). They have to wait another 5 years for ILR