6 months to finish 10 years Legal stay

[thamsinkumar]

Hi...

I need just 6 months to finish my 10 years legal stay. Can i apply straight ILR now and differ to 10 years when my application is still pending or should i go for discritionary leave and then vary when i finish my 10 years ?

Please advise

[Zee ali]

If u apply early UKBA will invalid your application as early application and won't refund your fees.
If u have family here like kids age 7 or near than u can apply for private life use form FLR FP.
If u just want to spend 6 months time than apply flr o application but these days they r processing flro application very fast so may be they refuse u within 2 months time than u will have appeal right (if applied in time) u than go to appeal and complete your 10 years during appeal time.

Tricky situation

then u have 2 options
1. During appeal if u complete 10 years u can withdraw your appeal HO will give u 28 days time to apply again. U can apply Set (LR) during this time but be careful complete all relevant formalities u won't get appeal right if u refuse this time. Check Emran habib posts in 10 years long residency timeline. Today he got ILR by doing same thing.
2. on your appeal day u add further grounds with your appeal that u complete 10 years and tell judge about it, better if u hire a solicitor for this.

Regards

[thamsinkumar]

thanks Zeli

If u apply early UKBA will invalid your application as early application and won't refund your fees.
If u have family here like kids age 7 or near than u can apply for private life use form FLR FP.
If u just want to spend 6 months time than apply flr o application but these days they r processing flro application very fast so may be they refuse u within 2 months time than u will have appeal right (if applied in time) u than go to appeal and complete your 10 years during appeal time.

Tricky situation

then u have 2 options
1. During appeal if u complete 10 years u can withdraw your appeal HO will give u 28 days time to apply again. U can apply Set (LR) during this time but be careful complete all relevant formalities u won't get appeal right if u refuse this time. Check Emran habib posts in 10 years long residency timeline. Today he got ILR by doing same thing.
2. on your appeal day u add further grounds with your appeal that u complete 10 years and tell judge about it, better if u hire a solicitor for this.

Regards

[thamsinkumar]

i put my question there too bit no answer

i met solicitor and he said.. he will put straight ilr.. then refusal and then appeal so during appeal if you finish 10 years then straight PR


he said if we go through DL .. again refusal and then appeal and then even if you finish 10 years u get discritionalry leave.. and then again u need to apply ILR..

he said these saves ur money and time too

thanks Zeli

If u apply early UKBA will invalid your application as early application and won't refund your fees.
If u have family here like kids age 7 or near than u can apply for private life use form FLR FP.
If u just want to spend 6 months time than apply flr o application but these days they r processing flro application very fast so may be they refuse u within 2 months time than u will have appeal right (if applied in time) u than go to appeal and complete your 10 years during appeal time.

Tricky situation

then u have 2 options
1. During appeal if u complete 10 years u can withdraw your appeal HO will give u 28 days time to apply again. U can apply Set (LR) during this time but be careful complete all relevant formalities u won't get appeal right if u refuse this time. Check Emran habib posts in 10 years long residency timeline. Today he got ILR by doing same thing.
2. on your appeal day u add further grounds with your appeal that u complete 10 years and tell judge about it, better if u hire a solicitor for this.

Regards

[sheraz7]

Is your solicitor aware that if long residence application for ILR will be submitted without completing the prescribed time then the application can be returned as invalid which won't trigger section 3c and 3d to complete the legal residence? It may cause further complications.

[thamsinkumar]

thanks for reply..

solicitor says.. if we put the file intime.. means before expiry of current application they have to give right of appeal

even if the application is made invalid they have to give right to appeal. he says like that.

Is your solicitor aware that if long residence application for ILR will be submitted without completing the prescribed time then the application can be returned as invalid which won't trigger section 3c and 3d to complete the legal residence? It may cause further complications.

[Zee ali]

Hi
Sheraz is right
When they invalid your applications u will not get any appeal right.
u may go through judicial review route to get appeal right. which is very lengthy process and won't trigger 3c and 3d. your lawyer will skim every penny out from your pocket.
Then u may regret your decision.
Better to play safe
Put flro application and wait for refusal with right of appeal and work (if apply in time). Pay by cheque or postal order to avoid payment decline if pay by card.

People r playing with HO to complete their time so HO is doing same thing with people. Invaliding applications on silly reasons.

[Zee ali]

One more thing i want to add

HO gives u appeal right when they make decision on your application

but when they invalid your application how can they give u appeal right.

Think about it this way.

Change your solicitor ASAP he wants your money and will put u in big trouble.


Regards

[thamsinkumar]

thanks friend for clarifying..

it means that i should apply flro..

does flro is same as discretionalry leave or its different

please explain if possible

thanks again

[Zee ali]

Yes

Flro means if your application is successful u will get discretionary leave.

I know your concern is if during appeal time u complete 10 years and u add further grounds to your appeal than may be u will get

discretionary leave. I AM NOT SURE ABOUT WHICH LEAVE THEY WILL GIVE U INDEFINITE OR DISCRETIONARY.

Respected gurus and moderator can help u on this.

if suppose u get discretionary leave it's better than applying early ilr (in a hope u get appeal right) which u won't instead they invalid

your application and all your 9.5 years will go in drain (sorry to say).

U can apply ilr after getting DL.

Repeating again PLAY SAFE.

[thamsinkumar]

Thanks

It means they can refuse and offer appeal in case of discritionary leave but they cant invalid it..

and is straight ilr they can invalid without right of appeal..

thanks for guiding...

Yes

Flro means if your application is successful u will get discretionary leave.

I know your concern is if during appeal time u complete 10 years and u add further grounds to your appeal than may be u will get

discretionary leave. I AM NOT SURE ABOUT WHICH LEAVE THEY WILL GIVE U INDEFINITE OR DISCRETIONARY.

Respected gurus and moderator can help u on this.

if suppose u get discretionary leave it's better than applying early ilr (in a hope u get appeal right) which u won't instead they invalid

your application and all your 9.5 years will go in drain (sorry to say).

U can apply ilr after getting DL.

Repeating again PLAY SAFE.