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Before 10 Year Lawful Residence Tier 1 PSW was refused

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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dreamfriend
Junior Member
Posts: 94
Joined: Sun Apr 15, 2012 2:50 am

Before 10 Year Lawful Residence Tier 1 PSW was refused

Post by dreamfriend » Sat Feb 09, 2013 3:01 am

My Tier 1 PSW was refused on 12 of September 2012, because of Discretionary Leave (Outside Immigration rule to complete my study). I Appeal to Tribunal against their decision. On the day of hearing 10 of December 2012 UKBA representative withdrawal the appeal. On the 5th of January I have completed 10 years. 19th of January I did receive new refusal letter from UKBA but date was same (12 of September) and 22nd January I did receive confirmation from Tribunal that UKBA has withdrawn their decision. And immediately I have applied for ILR with Tribunal decision of withdrawn confirmation letter. I did not appeal against new decision to Tribunal.

1. Have I completed 10 years lawful residence?
2. Do I get £140 refund form UKBA ?
3. Is there any possibility my ILR application will be refused?

Thank you.

vinny
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Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Feb 09, 2013 5:58 am

This is complicated.
What was the difference between the old refusal and the new refusal?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

quantum1
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Joined: Mon Oct 17, 2011 5:31 pm

Post by quantum1 » Sat Feb 09, 2013 10:45 am

I think you will be fine.

dreamfriend
Junior Member
Posts: 94
Joined: Sun Apr 15, 2012 2:50 am

Post by dreamfriend » Sat Feb 09, 2013 12:29 pm

Thank you vinny

On the new refusal letter last three para was added and everything was same even date.

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dreamfriend
Junior Member
Posts: 94
Joined: Sun Apr 15, 2012 2:50 am

Post by dreamfriend » Sat Feb 09, 2013 5:10 pm

Thank you "quantum1"

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Feb 09, 2013 10:44 pm

if the 'new' refusal letter had the same old date, then the Tribunal may consider it as withdrawn as well.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

dreamfriend
Junior Member
Posts: 94
Joined: Sun Apr 15, 2012 2:50 am

Post by dreamfriend » Sun Feb 10, 2013 1:15 am

vinny wrote:if the 'new' refusal letter had the same old date, then the Tribunal may consider it as withdrawn as well.
Thanks for your reply vinny.

How they (Tribunal) consider it as withdrawn as I did not appeal for new refusal. I gave withdrawn letter(dated 16.01.2013) with my ILR application on 28th of January.

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Feb 10, 2013 1:33 am

If the (new) refusal letter was dated before the UKBA's withdrawan letter, then surely the UKBA's withdrawn letter should also be applicable to the (new) refusal letter?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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