appeal withdraw and ILR

[london923]

i applied ilr(lr) in januray 2020 which was refused.i applied psw in march 2012 which was refused in july but i receive refusal letter 35 days later in august and i lodge appeal stating the date on IAFT when i received and appeal as in time appeal which was accepted by tribunal and case went on and on in ftt and i decided later in 2014 to withdraw my appeal and apply for tier 4 on the same day. which i did and successfully granted tier4 and 3 more extension including tier4 and tier2 Afterwards finally upon completion of 10 years Applied long residency ILR. HO refused my ilr on reason that appeal lodged in 2012 was out of time and you was over stayed 2012 to 2014 untill you were granted tier4.
my question is does appeal withdraw effect ilr Application as in my understanding if you withdraw appeal and submit new application on same day youe 3c stays intact and 39e allows you to do such.
Please member really looking forward for some advise.

[Happydays11]

My argument

if your application was successful its means exception was applied on you, otherwise according to rule you can't apply in country PBS application and your application must be rejected on ground of overstay.

if they agreed on that point why they bring this issue at ILR point.

do you agreed on the fact, this is my opioion

[vivienne husky]

What is the reason that you received the letter late?
Had the same problem in 2012, there system isn't perfect at the time.

[Happydays11]

viv!

if they accepted application and application successful , its means they did not asked for delay evidence they processed the application with discretion.

if discretion applied on that application, its not reasonable to bring on ILR application.

[vivienne husky]

viv!

if they accepted application and application successful , its means they did not asked for delay evidence they processed the application with discretion.

if discretion applied on that application, its not reasonable to bring on ILR application.

Yes indeed.

Just thought a good reason might help your case.

[Happydays11]

This might Help (but make sure take legal advice as i am no legal professional) my assumption from reading the rules.

"
Tell them
1). application was accepted and successful, without discretion its not possible.
2). This is unreasonable to bring such on the time of ILR.
3). HO normal practice is to refuse PBS application if they brought after out of time without good reason (and they identify that) and ask them you can't make another PBS Application within UK.
"

from my experience should attach Private life and Human right statement along with it.

[london923]

Thanks for replies..
In my refusal only refusal is appeal was out of time but can they raise that at the hearing okay we accept you receive decision late but you withdraw that appeal which does not extend 3c?
And in my understanding changes are made in january 2019 that 3c does not extend when you withdraw appeal. As it says in 3c extended guidance publish in 2019 and should bot apply for appeal withdraw in 2014.
https://assets.publishing.service.gov.u ... 9.0ext.pdf

[Happydays11]

When was your tier 4 app succeeded?

[london923]

Feburary 2014

[zeeshi1122]

U applied ilr in Jan 2020 and when did u receive refusal?

[Happydays11]

1) if it was out of time application why they accept it from UK, is the law was permitted that time?
2) is application was from UK or Abroad