Tier 1 Pending Appeal & LR completing

[rehan01]

Dear all,

I have Tier1 appeal pending against refusal and while waiting for hearing date from tribunal 10 years lawfull residency will be completed.

My finding from guidance is that I m not eligible to submit LR application while waiting decision on pending appeal.

But some people have applied while waiting pending appeal decision and been granted visas.

My question is it better to wait till I receive decision on my appeal and than apply for LR or just submit LR application as soon as time completed and withdraw tier1 appeal.

Also I have my wife as my dependant what will happen to her application if I withdraw appeal?

As far as I know while applying LR we cannot include dependant but again some people did and been granted visa.

I would really appreciate any comments, suggestion or advice on above and would like to thanks everyone for their time in advance.

Regards

[rehan01]

55 Views but no reply or comment on above .. I guess my questions wasn't that hard to answer

any view or comments on above will be highly appreciated.

regards

[londener]

Why don't you wait until the decision comes in ?
As you have lawful right to stay here .

[rehan01]

Yes waiting till appeal decision is just wasting time as I will complete my 10 years next month and by tht time I won't even knw the hearing date for my tier 1 application.

I knw I am legal in country etc but just wondering wht r the best options tgat submit LR while waiting for appeal? And legally I am allowed to do tht?

Or wait till appeal outcome and thn submit LR application?

But wht if appeal is not in my favour than my 10 years long residency is broken or still valid?

Regards

Why don't you wait until the decision comes in ?
As you have lawful right to stay here .

[rizwan567]

This is one of the hottest question being discussed in forum but unforunately there is no clear guidance on it either by UKBA or by seniors and moderators.

Vinny would you please step forward as usual and guide us through.

1. Can you withdraw appeal and apply for ILR or any other application?
2. Can you reapply within 28 days after getting your visa refused by UKBA?

[rehan01]

thanks for the comments Rizwan much appreciated ....... so far my finding from guidance is this.

if i apply while waiting appeal pending on any other category technically case worker should return my application and refunds the fees.

but the discussion I had with different solicitor in this regards they are all so confident that when 10 years completed and waiting for outcome of appeal I can simply apply for LR and wait for acknowledgement letter and once I have overlap the LR application with Tier 1 pending appeal than can withdraw the appeal and that way UKBA will have only 1 application to decide. (which will be LR only)

second option apply when time completed for LR and LR application will be linked with Tier 1 appeal outcome.

even in above scenario if I loose tier 1 appeal what will happen with my LR application. (will that be refused too? bcz appeal is refused?)

or at that time it will be treated separately irrespective of outcome of Tier 1 appeal?


plz comment

This is one of the hottest question being discussed in forum but unforunately there is no clear guidance on it either by UKBA or by seniors and moderators.

Vinny would you please step forward as usual and guide us through.

1. Can you withdraw appeal and apply for ILR or any other application?
2. Can you reapply within 28 days after getting your visa refused by UKBA?

[rizwan567]

First option sounds logical but still I am not sure if it will work out as planned.

Second option does not look right that 'when time complete for ILR and ILR application will be linkeed with Tier 1 appeal outcome' I dont think it will work out coz your ILR application will never be treated in the presence of pending appeal.

Also discuss below option with experts:

couple of days after hearing day you can send ILR application. If your appeal is allowed great, ILR application will be treated as normal. If not then you would had already lodged an ILR application before the negative appeal decision is given.

[rehan01]

Well yes I agree with you that first option make more sense but again I got another problem i have 1 dependant application with my appeal as well incase of withdrawal of appeal dependant will have to leave the country i guess as dependant is in country for about 1 and half year only.

its a mess big time and simply confuse which way to go as these solicitors are just out to make money and the more complicated things get the more happy they get and even rip off more.

regards

[samu140]

Rehan
I am exactly in same situation, going to apeal on monday, 10 completed next month, also dependants , I am confused too

[rehan01]

Hi samu140,

Technically we can apply but if we don't witdraw appeal that LR application will be void and sent back n it wil only be accepted for consideration if appeal is decided by the time case worker look at LR.

So I am confused myself tht wht to do but will mke decision in few weeks.

Regards

Rehan
I am exactly in same situation, going to apeal on monday, 10 completed next month, also dependants , I am confused too

[samu140]

Hi rehan,
1. Send new application to home office as you said, but the question is , will they accept our application without passport ? Say they accept then following the procedure the new application will be attached to the appeal,
Secondly we have option to add further grund before the judge on hearing.

So in either case the output and final distinction is same. It is my view only may be I am wrong.

thanks for the comments Rizwan much appreciated ....... so far my finding from guidance is this.

if i apply while waiting appeal pending on any other category technically case worker should return my application and refunds the fees.

but the discussion I had with different solicitor in this regards they are all so confident that when 10 years completed and waiting for outcome of appeal I can simply apply for LR and wait for acknowledgement letter and once I have overlap the LR application with Tier 1 pending appeal than can withdraw the appeal and that way UKBA will have only 1 application to decide. (which will be LR only)

second option apply when time completed for LR and LR application will be linked with Tier 1 appeal outcome.

even in above scenario if I loose tier 1 appeal what will happen with my LR application. (will that be refused too? bcz appeal is refused?)

or at that time it will be treated separately irrespective of outcome of Tier 1 appeal?


plz comment

This is one of the hottest question being discussed in forum but unforunately there is no clear guidance on it either by UKBA or by seniors and moderators.

Vinny would you please step forward as usual and guide us through.

1. Can you withdraw appeal and apply for ILR or any other application?
2. Can you reapply within 28 days after getting your visa refused by UKBA?

[samu140]

IF Your appeal is refused in 7th, 8th, or 9th etc and apply new application after then the continuous residence is breaked and gap is created. But if your 10 years is completed while the appeal is undecided then continuous residence is completed and in such case the decision is not a matter. I think it makes a logic.
If you agreed please reply as I am a learner as well.





quote="rehan01"]Yes waiting till appeal decision is just wasting time as I will complete my 10 years next month and by tht time I won't even knw the hearing date for my tier 1 application.

I knw I am legal in country etc but just wondering wht r the best options tgat submit LR while waiting for appeal? And legally I am allowed to do tht?

Or wait till appeal outcome and thn submit LR application?

But wht if appeal is not in my favour than my 10 years long residency is broken or still valid?

Regards

Why don't you wait until the decision comes in ?
As you have lawful right to stay here .

[/quote]

[anonymous02]

Hi samu140,

Technically we can apply but if we don't witdraw appeal that LR application will be void and sent back n it wil only be accepted for consideration if appeal is decided by the time case worker look at LR.

So I am confused myself tht wht to do but will mke decision in few weeks.

Regards

Rehan
I am exactly in same situation, going to apeal on monday, 10 completed next month, also dependants , I am confused too

hi i have same case , recently refused tier 1 visa with 1 dependent ,now looking to appeal in this week ,and i have 45 more days to complete my 10 years,can i apply ILR during pending appeal period?if yes what should be my wife status thn as she can not b included in ILR ? i have discussed with the solicitor and he said if u withdraw your tier 1 appeal n apply ILR n god forbid ur ILR also gt refused thn u will be in big trouble n if you apply for ILR then you have to apply some sET(M) i guess for your wife which required alot money to be rolling for 6 months in my bank account which i dont have.. can anyone of you ppl help me out in this situation....what should i do?

[rehan01]

As per my research on this and my understanding so far is to fight and win ur tier 1 appeal and tht will be the best way forwards otherwise things will get more complicated by apply LR n withdrawing etc and no1 is 100% sure abt the legal status if appeal get rejected or withdraw and submit LR etc


Solicitors r teling do this or tht but again thy r not sure wht to do either as I have spoken to few of them n no clear answer so far ......... So dnt waste time and money and concentrate on appeal first as the only negative of this is longer time than expected to get LR.

Regards

Hi samu140,

Technically we can apply but if we don't witdraw appeal that LR application will be void and sent back n it wil only be accepted for consideration if appeal is decided by the time case worker look at LR.

So I am confused myself tht wht to do but will mke decision in few weeks.

Regards

Rehan
I am exactly in same situation, going to apeal on monday, 10 completed next month, also dependants , I am confused too

hi i have same case , recently refused tier 1 visa with 1 dependent ,now looking to appeal in this week ,and i have 45 more days to complete my 10 years,can i apply ILR during pending appeal period?if yes what should be my wife status thn as she can not b included in ILR ? i have discussed with the solicitor and he said if u withdraw your tier 1 appeal n apply ILR n god forbid ur ILR also gt refused thn u will be in big trouble n if you apply for ILR then you have to apply some sET(M) i guess for your wife which required alot money to be rolling for 6 months in my bank account which i dont have.. can anyone of you ppl help me out in this situation....what should i do?

[nyutan2003]

got tier 1 entrepreneur refusal letter today still can i apply long residency ( 10 years stay in London ) because i have completed 10 years in march or do i have to go for appeal ?
if someone can help on this i am really confuse ...

thanks in advance