10 years long residence enquiries

[Rockefeller]

Hello great people on the forum! I hope you can be of assistance to my below enquiries.

This enquiry is for my wife. She has been in the UK lawfully since March 27 2004. All her renewals have been done in-time and without any refusal. The last grant was valid up to 25 September 2013. However, she made an FLR O application based on 7years old child in UK in August 2012 which was refused because we were a couple and none of us have a sole responsibility for our son, she was granted an appeal and the appeal was heard last week. We had a tough time at the tribunal and we are trying to arrange alternatives should the determination not go our way.

Since September 2013 my wife's leave have been by way of 3C leave (extension of last tier 4 due to outstanding appeal). She would be officially allowed to apply for ILR LR next week Friday 28 February (i.e 28 before anniversary of ten years lawful stay in the UK).

Now my question is if our appeal is dismissed which of the following would you recommend as the best option and why
a) should we appeal the decision on point of law to first tier tribunal and so forth and add 10 year LR as additional ground of appeal or
b) should we just abandon the appeal and make a fresh ILR LR application since my wife would have reached the ten years threshold before the determination is released.
c) if she chooses to make fresh application for ILR LR would 3C leave continue to apply(this is relevant in term of being able to work whilst application is being considered)?

Thank you so much.

[4uvak000]

I would go for a) -it will save you money and probably time. If appeal will be still dismissed, go for b). 3C will continue apply in both cases. You cannot submit a new application if there is appeal pending, but you can submit further evidence (10 years period pass in your wife's case).

[Rockefeller]

Thanks very much @4uvak000 for your answer.

Please could you provide the link or let me know where I can read that 3C will apply in relation to option b if you can.
Thanks

[4uvak000]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary. It will work. If they refuse your wife's appeal she will have some time to sort everything out (I think 28 days or something). She will be still legally in the UK. So it will cover her to 10 years lawful stay anyway.

[BibiRa]

Please Please Advise
To The Expert, Guru and any one who can give me and advice.

Me and my Daughter came in UK on 16/July/2004 as Visitor Visa (Mean 6 Month Visa Tourist). My first Daughter is 10 Years old now who was born in Mauritius, she came after 3 Months, Second Daughter is 7 Years old Born in UK in Sep 2006. I lost One Daughter 2 Years ago (Still Born Baby).
We convert our Visitor visa as Student Dependant Visa on November 2004 till Now, as my husband is here since October 2003 as on student visa till June 2014.

My queries are I got 35-40 days Gap for making the 10Years application. Our visa is run out on 06/June/2014. (Me and my First Daughters came on 16 July 2004).

1. What is the best way to apply?
2. Which application we need to make?
3. Which Document need to provide?
Please answer my queries. I will appreciate your help.

God Bless
Best Regards
From
Bibi