long residency applications while on appeal

[babu88]

Hi

I need help and advice as its very crucial time for me.

Application submit Family and Private Life - FLR(O): 26/07/2012
Acknow Letter Received: 29/07/2012
Biometric Request from HO: 05/02/2013
Biometric Done: 11/02/2013
Never heard after biometric
Approach MP: 25/07/2013
Application Refused: 4/09/2013
Appealed: 11/09/2013
Waiting from Court to be heard my case...

Children have spent their 7 years and my ten years going to complete in coming March 2013 , what should I do, any experience with long residency application would be really appreciated. Please give some advice on this matter as having dependents its really hard.

As knowing some facts that while you are on appeal you are still in lawful resident (section 3C or 3D applies), I never spent more than four months out of United Kingdom but when HO consider my application they did not consider the time which I have waited they considered when I applied, on that time my children had spent 6 years in UK but when they decided my case they did not consider the time which have been waited from HO to consider my application.

Now if my appeal refused I will be able to apply on long residency or not?
Any experience or comments will be really appreciated.

[Damanisshallo]

Reading VOLO process might help you understand Section 3C and 3D.

Applications lodged during leave under sections 3C and 3D
While either section 3C or 3D leave is in force, the applicant is not entitled to make any more applications for variation of leave to enter or remain. So even someone who marries after making an application to remain as a student cannot, while they have leave under section 3C, make a fresh application on the basis of the marriage. On the other hand, it is possible to vary the grounds of an application already made, even by introducing something completely new. A student application can be varied so as to include marriage grounds. If an application is varied before a decision is made, the applicant will be required to complete the necessary prescribed form to vary his application. If an application is varied post decision, it would be open to the applicant to submit further grounds to be considered at appeal. As a result, there may be little difference in practice between a fresh application and a request to vary an existing application. The distinction is made to ensure that all a person's grounds for wishing to remain in the UK result in one decision and thus one appeal. This 'one-stop ' principle - one application, one decision, one appeal - is essential to the