shortdays wrote:
Now my question is:
Can I still submit fresh application in all the possibilites mentioned below? & what date does my 28 days start from?
1. If I decide to go to UTT & don't get permission -
2. If I decide to go to UTT & get permission -
3. If I decide to go to UTT & get refused -
4. What If I DONT decide to go to UTT? -
If your appeal to 1st Tier Tribunal is dismissed then you can lodge your next appeal for permission to appeal to the Upper tribunal with in 5 working days of decision from 1st Tier Tribunal.
While your appeal is due to accept or reject from ''permission to appeal to the Upper tribunal'' you can make a fresh application and withdraw your appeal. This way your long residence should be fine.
Either way, if your make fresh application & withdraw your appeal from upper tribunal or go for appeal to upper tribunal, your long residence will not affect (Unless you filed your Tier 1 application out of your previous leave to remain or take any longer than allowed period to lodge your appeal).
"To prevent applicants from becoming overstayers through no fault of their
own, section 11 of the Nationality, Immigration and Asylum Act 2002 introduced an amended Section 3C into the Immigration Act 1971.
Section 3C extends leave when a person with leave to enter or remain makes an in time application.
That is one made before their leave expires, but one in which their leave expires
Before a decision on that application is reached.
If a person has 3C leave, and their application is refused, 3C leave continues until
their appeal rights are exhausted. Section 3C only applies to in time applications.
If a person submits an out of time application, they will have a gap in continuous lawful residence, from the date their leave expired until the date they are next granted leave, regardless of how long it takes for the decision to be made
For an example of this, see example 5 in related link: Examples of continuous lawful residence
"
See Page 24
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
To lodge appeals to 1st Tier Tribunal
"Time limits for submitting an appeal
If you are in the United Kingdom:
Your appeal form must reach us:
if you are in detention - within 5 working days from the day you received the notice of decision; or
if you are not in detention - within 10 working days from the day you received the notice of decision"
Source:
http://www.justice.gov.uk/tribunals/imm ... um/appeals
"Applying for Permission to Appeal to the Upper Tribunal"
Either party to an appeal can apply for permission to appeal the decision of the First-tier Tribunal to the Upper Tribunal. The initial application must be made to the First-tier Tribunal. If this application is refused then a further application can be made to the Upper Tribunal.
Applying to the First-tier Tribunal for Permission to Appeal to the Upper Tribunal
The First-tier Tribunal will provide a copy of the First-tier Permission Application form with promulgated decisions as appropriate. This form should be completed and lodged with the Tribunal no later than five working days after the date the decision was served on you. (The time limit is 28 days if you are outside the UK and 2 working days if the case is a fast-track case). The application will be considered by a Judge of the First-tier Tribunal, who will decide whether to grant permission to appeal to the Upper Tribunal.
It is important to include with your permission application the decision of the Tribunal you wish to challenge along with the full reasons why you think the Tribunal made an error of law"
Source:
http://www.justice.gov.uk/tribunals/imm ... er/appeals
Mistakes are the portals of discovery.
Please correct me if am wrong
