10 year ILR

[rommy]

Hello everyone,

I am planning to apply for ILR next year on basis of 10 year residency. I just got doubts about one possible gap.

I was refused my student extension on August 14th 2009. I was given appeal right and I filed a appeal within the time limit of 14 days. I was given a hearing date. But my lawyer filed a new application for PSW as I had finished my course by that time. As soon as we made the application for psw we withdrew the appeal. We also received a letter from PSW caseworker to send him the proof of withdrawal of my student visa appeal. Which we did sent and I was granted PSW.

So can you please kindly tell me if this will considered as a gap? and if it is then for what amount of period as I made a fresh application while I was under 3C leave and home office accepted my fresh application.

[rommy]

anyone?

[geriatrix]

How did you request for withdrawal of appeal? And on what date?
On what date did you make an out-of-time application for Tier 1 PSW)?

[rommy]

My lawyer sent a letter to AIT to withdraw the application. The appeal was made at end of August within the 14 days time limit given to me by HO. The application for PSW was made on 4th of September and we sent the withdrawl letter on 10th by post and received a confirmation from AIT on 20th for the withdrawl.

Also the caseworker for PSW requested the withdrawl letter on 1st of october which was sent the very next day and I was granted PSW on 14th of october.

[geriatrix]

Should be okay.

[rommy]

Thanks sushdmehta. I have got another question.

I am currently on tier-1 and my extension is due on 7th July 2013. I will be eligible for 10 year ILR on 05th October 2013. I was wondering if there is way I can avoid the hassle and fee of Tier 1 extension and apply for 10 year ILR when it becomes due?

Is it possible to file a Tier 1 application and delay it for couple of weeks and then request change of circumstance and switch the application to ILR? From what I understand I can file my application 28 days before completing 10 years so that makes it around 08 September 2013.

[geriatrix]

Under current directions, you should apply for an extension before your leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.