Post
by Coolguy5555 » Mon Jan 24, 2011 7:10 am
Hi Vinny, Thank you very much for you precious advice. It took me some time to read some of the cases, but it seems, im better of with a new application.
when i submitted my tire-4 application in Oct/10, i had evidence (i.e. visa stamps for 9 and half years). Â in Oct / 10 i should have been sponsored by a university however they let me down in the last minute and i had to find any college to sponsor me (i found one which was not highly trusted, so i should not have started the course without the prior permission from UKBA and without having English test. I could have submit my Tier 4 application successfully if i was sponsored by UEL though as these required dont apply for Highly Trusted Sponsor).
Therefore in may this year (may/2011), i would complete the ten years  (9.5 years Visa evidence and half year or more Section 3c leave and new application for ILR 10 years). Â
I dont wish to go to the appeal as i am not a VISA national, and it is clear from the refusal letter that UKBA are not aware that i have been in the UK for nearly 10 years as they referring to me as i  first entered the UK in 2008 (it is when i stopped making applications from the airport on arrival as the law then changed for long courses for non visa nationals) . i.e. i have NEVER!!!!!!  submitted any visa applications to the Home Office before 2008.  i obtained VISAs for so many years simply by turning up at the airport (No application forms needed!!  no bank statements !! nothing .....!!!) and asking the officer to let me in to for a course most of the letters i showed the immigration officer at the port where for more than a year).
So I don’t wish to go to the appeal, as the home office are not fully aware about my immigration history to the UK (I have establish privet and family life, and other human rights articles that I want to rely upon). As the matter is very complicated, It wont give me justice if just 3 hours or 6 hours (I.e. I was told most hearing last for a day or less…) allocated to hear such a big case (I.e. just the UEL breach of contract would take more than 6 hours to understand).
In brief, because there are so many issues that the HO are not aware of, I decided to include all information in a new application, so if there are any appeal in the future they can come up with appropriate response.
So, I am submitting a new ILR (im withdrawing the appeal two days later), if this first ILR application get reject, then I would have two options (an expensive j.review) or I would submit another one (at that time I would be in the UK just under 11 years or the beginning of my 12th year in the UK)….
Questions:
1) I am wondering, if the second application of ILR would be rejected as an out of time application ??
2) will I be able to resubmit this current ILR again. By the time the home office send me the decision I wont have any visa (I simply have the visa for waiting for my application ILR). So I am wondering if it would be possible to resubmit that application for the second time?? As by that time I would be just under 12 years (though visa proof for 9.5 and the rest waiting for the applications)?????
3) could this first application for ILR be considered as an out of time application as I am submitting it while I am under Section 3C leave (though I am withdrawing my appeal one day after I am submitting this new application)?? Or section 3C is strong enough leave to submit a new application.
(i.e. it is important for me, as if the HO considered it an out of time application then I wont have the right of appeal).
I look forward to hear from you
Thank you very much indeed beforehand.
Mo