Ilr and 39e

[lilboots]

- I went for JR because I currently have leave (when I applied for ILR) and I didn't have any Right of Appeal.

- I withdrew my appeal about a week to the hearing and put in a new application immediately and visa was granted almost 12 months later (it was refused and granted after appeal).

[london923]

I think you will be fine as long as the new case...Hoque & Ors vs SSHD...is still relevant then.

I had the same problem that you had. I applied for ILR in March and was refused on the basis that I had withdrawn my appeal and put in a new application which I eventually got. It was ruled that my section 3c ended when I withdrew my appeal and that even though my new application was granted, it didn't cure the gap and that my 10 years of continuous lawful leave was broken. They were right at the time because of the case of the two Ahmeds and how Para 276B and 39e was interpreted at the time. I submitted a PAP. HO maintained their decision and I was refused permission for JR on papers.I submitted for Oral hearing. I was lucky that the HOQUE & ORS came up late October, days before my Oral hearing. I was granted permission for JR based on the above case a few days ago as the new interpretation is now being used.
I am quite hopeful for my JR now than I was before the recent case.

So.....in a nutshell, you should be fine as paragraph 39E and Paragraph 276B (v) applies in your case just as mine.

Hi lilboots! Do your have any update on you case, my case is quite similar and when did you withdrew you appeal which year was that?
I have been gathering information might help each other.
Many thanks