LONG RESIDENCE ELIGIBILTY HELP REQUIRED

[sweetad]

HELLO DEAR MEMEBERS A QUICK QUESTION HELP IS APPRECIATED
1- CAME IN UK IN 2008 STUDENT VISA 18 MONTHS
2- PSW AFTER DEGREE
3- TIER 1 ENTERPENUER AFTER PSW FOR in 2012
4- Applied for extension in Feb 2015 got refused and still in the appeal process

Wanted to know my ILR on 10 years is due in a few months and home office has all the required documents with them since the extension was refused and are still in appeal process
question is can i book same day appointment for ILR without having my passports in hand .

[Casa]

What was the reason for the extension refusal?

[sweetad]

the reason for refusal was that accounts submitted with extension application were not according to specified rules defined by home office As it did not contain the entry that specifies the investments made by directors,
we won the appeal in first tribunal home office went to upper tribunal from where it was referred back to first tribunal the decision came against us and we have appealed against the decision.

[Casa]

It appears that a decision on LR would not be given at a PSC application due to the outstanding appeal, following the previous extension refusal.
See the guidance for Case Workers:
"The applicant completes 10 years continuous lawful residence while awaiting a
decision of an appeal
A person may complete 10 years continuous lawful residence whilst they are
awaiting the outcome of an appeal and submit an application on this basis. Under
sections 3C and 3D, it is not possible to submit a new application while an appeal is
outstanding. However, the applicant can submit further grounds to be considered at
appeal.
If the applicant has an outstanding appeal against a decision to refuse leave to
remain or indefinite leave to remain, and submits an application for long residence,
you must void the long residence application and refund the fee. You must create a
file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the
presenting officers unit (POU) dealing with the appeal. You must send a letter to the
applicant or their representative informing them their application has been linked with
their outstanding appeal."

Page 22
https://www.gov.uk/government/uploads/s ... -v15_0.pdf

[sweetad]

So as per rules i will have to put up an application to the court when the hearing date comes stating that i am qualified for ilr under general 10 years rule for the judge to decide on my application during the hearing

[zimba]

The appeal has to be withdrawn before making a new application

[sweetad]

If the appeal is withdrawn what effect will it have on 3c then will it be continued or ???? and will the application have to be made on the same day if the appeal is withdrawn

[zimba]

If the appeal is withdrawn what effect will it have on 3c then will it be continued or ???? and will the application have to be made on the same day if the appeal is withdrawn

Section 3C protection ends when you withdraw. This gives you 14 days from withdrawal (end of section 3C) to apply for a fresh application. You cannot put in a fresh application while under section 3C.

[sweetad]

AS my documents are held by HOME OFFICE ie passports and educational certificate will i be able to get the same day appointment for ILR and if so do i need to tell the center about this

[sweetad]

URGENT HELP REQUIRED

Applied for tier 1 enterprenuer extension February 2015
refused by Home office , challenged the decision and won the appeal from first tribunal
Home office challenged the decision and took us to upper tribunal which deferred the appeal as de novo back to the first tribunal .
we lost in the first tribunal and applied for the permission of appeal which was refused and requested for permission to appeal to upper tribunal which not only refused the permission to appeal but the judge also did not give the right of further appeal.
I have only 3 months left in 10 years residency . My history is
in sep 2008 came as student
switched to psw
then tier 1 enterprenuer in 2012
applied for extension in feburary 2015
since then in courts (appeals)
10 years completing in sep 2018

My question is
1- Am i still eligible for ILR under 10 years rule.
2- if i put a new application will i be able to vary it , when 10 years are complete.

i have been to few solicitors everyone has told a different story some say that 3c is still in contact some say it is not . i Am confused help is appreciated.

[cyclina1]

your 3C leave was finished once your right to appeal is exhausted. You can file a new application but it must be successful so you won't be overstayed too long.

If you make an application and then varies it 3 months later , the HO will treat you as withdrawn the first one thus you overstay from the end of 3C leave to the date you file the variation. Likely your variation will be refused because of long overstay.

[sweetad]

HI ALL NEED A BIT OF HELP FROM YOU GUYS , regarding some questions in my mind related to ILR 10 Years.

Came as a student in October 2008
Got PSW after the Degree for Two Years.
Then applied for TIER 1 enterprenuer in late 2011 got the visa which expired on Feb 2015
applied for extension in Feb 2015 and got refused in may 2015
filed an appeal against the decision got the decision in our favor but home again appealed the first tribunal decision and got the decision in their favor to cut story short since may 2015-April 2018 were spent in appeals .
in April 2018 appeal rights exhausted and upper tribunal refused our appeal and denied further appeal to permission.
within 14 days i applied for the extension again and still awaiting decision .
I will be completing 10 years in august 2018.

Question rises am i still eligible, as i have heard the 3c ended the moment all appeals exhausted.
Can anyone please help out on this matter and explain what options am i left with is my continuous stay interrupted.

thanking you in advance for your help.

[CR001]

Topics merged.

announcements/multiple-posts-will-be-lo ... t5722.html

Starting a new topic with the same question won't change the answer you have already been given in April.