Long Residence (10 years) Dilemma

[Obie]

You clearly do not qualify now, but you should be able to qualify sometime next year.

[secret.simon]

I was on Tier 1 General and had completed 5 years in the category.

If you completed five years on T1G, why did you not apply for ILR under that category? Did you mention that you had completed five years of T1G in the additional grounds (Q D17) section of SET(LR)? If not, you may be estopped from applying under that category now.

Are your tax affairs in order?

Also, be aware that even if you convince a judge to have the Home Office grant you ILR, the 86 day overstay would be taken into account for purposes of assessing your good character for naturalisation, which has unrelated and separate rules.

[ccha]

Hi,

Wonder if somebody will help me. So my case details are as follows:

- I arrived in the UK on 4th Sept 2003 as a student
- Before my Tier 1 General expired in May 2016, I applied for ILR on the basis of 10 years continuous residence.
- August 2016 my application was rejected because I had made an Out of Time (33 days) application on Dec 2nd Jan 2007 (instead of 30th Nov) which was nevertheless granted at the time on 22 Feb 2007.
- Hired a recommended (friend's friend) solicitor to file an appeal and got a hearing date for 11th January 2018.
- Reasons for appeal were
1. I misunderstood 28 days as 28 working days. Hence
2. Nevertheless 22nd Feb 2007 to 11th Jan 2018 is still 10+ years
- I arrived on the 11th and was put on the floating list and now have an adjourned hearing date of 2nd August 2018.
- To add to my woes, my current passport has expired too. (home office are holding on to it nevertheless)
- I am sick of waiting since May 2016 and I want to put this behind given this is affecting my personal and professional life. So I am looking for ways now to speeden things up.


I was a bit annoyed with my current solicitor for the poorly (bad grammar and lack of advice) drafted notice of appeal and hence I started window shopping. I have taken couple of paid consultations too.

I have conflicting advice but I am convinced this strategy would make sense.

New Solicitor 1 advice:
Solicitor believes that the judge may not be able to overrule HO's decision but may grant it on the basis of Human Rights and that'd mean a 2.5 year visa and hence won't really be ILR.
He recommends we make a fresh application on premium service. The visa should come through in a matter of few weeks if not same day.
He has asked me to organise new passport before we withdraw appeal. For me to do so, my high commission deals with this as Lost Passport and gives me a new one. I am also expected to submit a letter from the home office clearly stating that they're holding on to my passport. Now this feels like another long wait until HO can be bothered to reply and give me what I ask for. He also says that we must wait for a confirmation from tribunal that our application is cancelled before beginning to look for the same day appointment date.

New Solicitor 2 advice:
Solicitor believes we wait it out and appear on the new adjourned date and get the best barrister in town. He was super anti Solicitor 1 advice. He believes this will take longer than the adjourned hearing date + the time HO will take after to give me the visa means another whole year of wait.

New Solicitor 3 advice:
Make a fresh application and in full agreement with Solicitor 1 advice. But says no need to apply for a new passport. We just make same day application without any passport. HO will organise for my current(expired) PP to be sent to Croydon and I shall have the visa as the expired passport would do and I will have the visa in a matter of weeks. This solicitor is also comfortable withdrawing appeal from the tribunal one day before appearing for the same day appointment.

Questions:
1. If you have read so far, which solicitor do you most relate to and why?
2. If valid (unexpired) PP pre requisite for applying for a new passport?
3. Do we need tribunal's withdrawal confirmation before appearing for the same day appointment?
4. Is it best to wait out the tribunal date and appear and risk getting 2.5 years instead of ILR?
5. Is it best to make a fresh application anyway?