asjid73 wrote:sumbal wrote:hi every one , i came in last week of September 2003. .Currently my appeal is in the court so if you can guide me what i have to do first:-
can i withdraw the appeal and apply for ILR...or just apply for flr even they will VOID and refund my fees as well... .the questions are;-
1:- To withdraw appeal and then send a fresh application
or
2:- First to send a new application FOR ILR and then, when i receive acknowledgement letter then i have to withdraw THE APPEAL appeal.
3:-Whats the procedure to withdraw the appeal and how long it takes.
4:- Do i need any letter OF confirmation FOR withdrawal of appeal to send to home office with my application.(or after the acknowledgement letter if i withdraw after submitting ILR. thanks
MANY THANKS IN ADVANCE FOR YOUR TIME IN THIS REGARDS.
Hi sumbal read this pleas
t
the statement then goes on to deal with the procedure of dealing with applications under paragraph 134 which Miss Mason routinely deals with. At paragraph 11 she said that some applicants accrue a sufficient period of leave under section 3C of the Immigration Act 1971 whilst the appeal is pending. Those applicants do not need to apply for further leave. When sufficient leave has been accrued they withdraw their appeal and submit a new application for ILR under paragraph 134.
This paragraph is from one of ILR case which was heard in High court and paragraph is part of witness statement and Miss Mason is Home office case worker, you will be absolutely fine once you complete 10 years withdraw your appeal and put new application with in 28 days.May Allaha bless you.
you can withdraw your appeal by faxing request to appeal tribunal giving them your all details
ASjid
Dear asjid73,
Are you sure about this?
What about this paragraph (
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary):
"A person may complete 10 years continuous lawful residence whilst they are awaiting the
outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it
is not possible to submit a new application while an appeal is outstanding. However, the
applicant can submit further grounds to be considered at appeal.
If the applicant has an outstanding appeal against a decision to refuse leave to remain or
indefinite leave to remain, and submits an application for long residence, you must void the
case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must
send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application
has been linked with their outstanding appeal." [Page 25/67 of the Guidance]