I am trying to find ways of applying for Indefinite leave to remain (ILR) Long residence whilst I have an appeal pending (Not heard yet) without breaking my section 3c. My lawyer wants to withdraw my appeal when my I'm due for ILR (LR) then put in an application almost immediately for ILR based on long residence. My appeal hearing is on the 25/01/20 whilst I'm due for ILR on the 20/12/2019.
I am aware of the HO rules below and was wondering if anyone has gone through the process successfully . Did you submit further grounds to be considered during the appeal?
HO Rules...
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.
My immigration history is:
14/10/09 -31/10/11: entered the UK as student dependant
26/10/11: submitted application as PSW dependant
13/12/11 - 13/12/13 : Approved for these dates
13/12/13 : Submitted application as a Tier 1 Ent dependant
25/02/14 : Application refused
14/03/2014: Lodged an appeal (in-time)
22/07/2014 : Appeal Allowed
22/08/2014 - 22/08/2017: Tier 1 Dependant
22/08/2016 - Spouse gains ILR LR and subsequently became a British National a year later
22/08/2017 - I applied FLR (FP) (in tome)
20/12/2017 - Got a non-custodial sentence from court
31/07/2018 - Application refused as I applied using the wrong route as I do not have kids and they said I did not qualify for FLR (FP) with appeal rights given.
Appealed this decision.
Appeal hearing set for 26/02/2019
14/02/2019 - Applied for LTR as the spouse of a settled person
26/02/2019 - appeal was withdrawn from first tier
26/02/2019 - Appeal rights exhausted
13/09/2019 - LTR refused due to conviction on 20/12/2017 as the singular reason.
14/10/2019 - completed 10 years
20/12/2019 - 24 months after the non-custodial sentence and is spent
29/01/2020 - Appeal hearing at the First tier Tribunal
Now my dilemma :
My lawyer wants to apply for ILR (LR) on or after the 20/12/19 but before the appeal hearing but I think this is wrong as I have an outstanding appeal.
Do we submit further grounds to be considered during the appeal as the reason why I was denied in the first place (conviction) has now become spent and ask for reconsideration and at the same time I Have completed 10 years?
Pls gurus can you help me on this
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