- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
HHH99 wrote:as long as you have made an in time application and the appeal is allowed then yes all that time will be considered as legal, However the appeal has to be allowed and a visa needs to be endorsed on your passport. I went through the same thing and still managed to get my ILR
So yes your leave is still in force, the last visa is "treated as continuing", however you are prevented from making a new application .... such as a 10-year application for ILR.CONTINUATION OF LEAVE WHILE AN APPEAL IS PENDING
Paragraph 17 of Schedule 4 to the 1999 Act provides for leave to have effect while an appeal under section 61 or section 69(2) is pending. If an application is made in-time, if the application is refused and if the refusal is appealed, the original leave and any conditions attached to it will have effect from when the appeal is lodged until the appeal is finally determined.
A person whose leave is continuing under paragraph 17 is not entitled to apply for a variation of leave to enter or remain. Any application made should be treated as "out of time", unless it falls for consideration at the appeal under the one-stop procedure (usually because it involves an asylum or human rights claim - see chapter 12, section 2). There is no right of appeal against the refusal of an out of time application that falls outside the one-stop rules.
Leave continuing under paragraph 17 is to be disregarded in calculating whether, for the purposes of section 61 (or section 69(2)), a person may be required to leave the UK within 28 days as a result of a decision.
Thanx John,John wrote:The instructions given to IND staff include :-
So yes your leave is still in force, the last visa is "treated as continuing", however you are prevented from making a new application .... such as a 10-year application for ILR.CONTINUATION OF LEAVE WHILE AN APPEAL IS PENDING
Paragraph 17 of Schedule 4 to the 1999 Act provides for leave to have effect while an appeal under section 61 or section 69(2) is pending. If an application is made in-time, if the application is refused and if the refusal is appealed, the original leave and any conditions attached to it will have effect from when the appeal is lodged until the appeal is finally determined.
A person whose leave is continuing under paragraph 17 is not entitled to apply for a variation of leave to enter or remain. Any application made should be treated as "out of time", unless it falls for consideration at the appeal under the one-stop procedure (usually because it involves an asylum or human rights claim - see chapter 12, section 2). There is no right of appeal against the refusal of an out of time application that falls outside the one-stop rules.
Leave continuing under paragraph 17 is to be disregarded in calculating whether, for the purposes of section 61 (or section 69(2)), a person may be required to leave the UK within 28 days as a result of a decision.
If you eventually win the appeal then you will be able to make a 10-year application ... if you eventually lose, you won't ... is my reading of the guidance notes.