varying the application ...seniors plz help

[migrant80]

hi respected all seniors/gurus

i am elligible to apply for 10 yrs category since 15-12-13.currently my tier1 ent apllication is in upper tribunal (hearing 6 feb 14).appeal was allowed from 1st tribunal.
how can i apply for 10 yrs category.
in guidence i read that i can include additional grounds in my appeal .but i dont know how to do it.
i think i have to send change of circumstances form adding my additional grounds of 10 yrs.
but with that do i need to send set(lr)
form as well ?
and also i have 3 dependents since 2.5 yrs in uk what forms should be for them?
kindly someone help me if you have some knowledge about this scenario.
your guidence will be much appreciated.thanks

[migrant80]

respected gurus

plz plz give me some guidence thanks

[ammar_riaz]

First of congratulate to complete 10 years journey, yes you can apply for ILR on basis of long residence as a legal stay in uk while your appeal is pending. would you please tell me how long it would take get permission from first tribunal to upper tribunal . i am same position now thanks

[migrant80]

it took 2 weeks to get permission.

[lynxukauq]

Migrant80

Are you dealing with the appeal yourself or through representation?

You can vary the ground of appeals to be put forward to the judge so that on your next hearing date, instead of arguing your previous refusal case they will consider your new case.

You will have to satisfy the judge that you have met the requirements of paragraph 276B of Immigration rules and hence you should be granted ILR on the grounds of long residence.

Make sure you have also passed LIUK test and met the English Language requirement.

[migrant80]

Migrant80

Are you dealing with the appeal yourself or through representation?

You can vary the ground of appeals to be put forward to the judge so that on your next hearing date, instead of arguing your previous refusal case they will consider your new case.

You will have to satisfy the judge that you have met the requirements of paragraph 276B of Immigration rules and hence you should be granted ILR on the grounds of long residence.

Make sure you have also passed LIUK test and met the English Language requirement.

yes i m preparing myself as i dont want to hire any solicitor bcoz i have consult some solicitors and all of them saying that i have to withdraw the appeal and submit a new application but my understanding is i can change grounds of my appeal and i can save a large sum of money as well by avoiding new application.
i have done LIUK test and my uk degree is already submitted with my tier1 application.
and also i fulfill 276b rules.
any idea how should i inform tribunal about new grounds i mean should i use change of circumstances form or any other meyhod.
thanks for ur valuable advice.

[lynxukauq]

When you made the initial appeal you must have prepared a witness statement and sent it to the tribunal.

Now what you have to do is prepare another statement in which you will submit additional grounds of appeal on long residency basis and send it to tribunal. I can provide a template statement if you need help with that.

On the hearing date judge will look at your additional grounds of appeal, and provided everything is fine, he should and will allow your appeal and grant you ILR on long residency basis.