Long Residence Appeal Pending

[hassan5805]

Hi could you please advise me if I have pending appeal and in the meantime I have passed my lawful ten years stay in the UK then will I be able to make a fresh application for ILR. thanks
Detail case study:
I entered in the UK in Feb 2004 as a student and I applied for PSW on around 27th March 2012 and my application was refused on the basis of my qualification not degree. In Jan 2013 On the appeal hearing my application refused and then i went in Upper tribunal and my appeal refused again there too .. . Court accepted my appeal on S47 but refused on Immigration Rule and now i put appeal in COA and my ten years completed. Please let me know can i withdrawn my appeal and put fresh application for ILR long residence, I dont have gap at all.
Reagrs

[red scorpion]

please see the posts of emran habib.if you do not find it.i am pasting his words below.

by emran habib » Mon Jan 27, 2014 11:22 pm
Dear Friend please read the following statement !
"A person may complete 10 years continuous lawful residence whilst they are awaiting the
outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it
is not possible to submit a new application while an appeal is outstanding. However, the
applicant can submit further grounds to be considered at appeal.
If the applicant has an outstanding appeal against a decision to refuse leave to remain or
indefinite leave to remain, and submits an application for long residence, you must void the
case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must
send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application
has been linked with their outstanding appeal." [Page 25/67 of the Guidance]

Followed by the statement of a case worker; the statement then goes on to deal with the procedure of dealing with applications under paragraph 134 which Miss Mason routinely deals with. At paragraph 11 she said that some applicants accrue a sufficient period of leave under section 3C of the Immigration Act 1971 whilst the appeal is pending. Those applicants do not need to apply for further leave. When sufficient leave has been accrued they withdraw their appeal and submit a new application for ILR under paragraph 134.
This paragraph is from one of ILR case which was heard in High court and paragraph is part of witness statement and Miss Mason is Home office case worker, you will be absolutely fine once you complete 10 years withdraw your appeal and put new application with in 28 days.

You can withdraw your appeal by faxing request to appeal tribunal giving them your all details but you should not withdraw your appeal and make a fresh application on the basis of long residence (continuous 10 yr lawful route) on the same day. If you do that, you would be accepting the risk that the HO might not consider it and could return all your files back as invalid ! It happened to my friend and I personally know him...So, it's better to wait for the withdrawal letter and then to file your application for ILR under paragraph 134.. And the success rate is 100%..!
e: 10 years long residence applications
by emran habib » Thu Feb 20, 2014 11:24 pm
Hello Gurus and Friends,
By the grace of Almighty Allah; I am so much excited to inform that, I received my ILR Approval letter arrived with my BRP card today on 20/02/2014.

My application was made on 22/10/2013
Acknowledgement letter: on 23/10/2013
Payment made through postal order
Bio invite received on 28/11/2013
Bio enrolled on 03/12/2013
Doc +BRP recvd on 20/02/2014 ( approval dated 18/02/2014 and BRP date 18/02/2014 )

Before the completion of my 10 years; my visa was refused and I lodged an in time appeal. After that while I did finish my 10 years; I withdrew my appeal and made a fresh application on the basis of 10 years long residence. Majority of the people including the Immigration Barristers i.e (UK IMMIGRATION BARRISTERS, FIRST MIGRATION, MAYFAIR LONDON SOLICITORS, TAZ SOLICITORS, KALAM SOLICITORS, LONDON DANIEL COHEN, GHERSON IMMIGRATION, LONDON VINCENT BUFFONI SOLICITORS & manY more of them) told me that as this has not been mentioned in the policy guidance clearly; there could be about 90 percent possibility that my visa could be refused unless I vary the ground for my application. But I researched all day and night and as I had been taken my every decision since last 10 years; I withdrew my appeal while my 3d was pending. All I placed my trust in Allah and went for it... Allah is the greatest and at last he made me happy.

While making my application; I send my Life in the UK certificates
GP letter
My LLB and LLM Law Degree certificates (Graduated from London University)
My Bank letter as my proof of address
and Cover letter by explaining all the grounds (As I made my application; I realized that the cover letter is the most important part as I wrote whole 3 pages explaining all the grounds).

OH! I'm free from all the pain and sufferings now. And all the Immigration lawyers who said "a big No to me" was quite shocked to hear about my news. lol. Alhamdulillah...
Congrats to all my Brothers and Sisters who received earlier and I wish you all the best whoever are waiting... Allah made me happy.

[hassan5805]

Thnak you very much for your help.. Much appreciated and now things are very clear for me i will do that and rest to leave to Allah swt and hope things makes easy for me. Inshalla

[nyutan2003]

please see the posts of emran habib.if you do not find it.i am pasting his words below.

by emran habib » Mon Jan 27, 2014 11:22 pm
Dear Friend please read the following statement !
"A person may complete 10 years continuous lawful residence whilst they are awaiting the
outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it
is not possible to submit a new application while an appeal is outstanding. However, the
applicant can submit further grounds to be considered at appeal.
If the applicant has an outstanding appeal against a decision to refuse leave to remain or
indefinite leave to remain, and submits an application for long residence, you must void the
case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must
send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application
has been linked with their outstanding appeal." [Page 25/67 of the Guidance]

Followed by the statement of a case worker; the statement then goes on to deal with the procedure of dealing with applications under paragraph 134 which Miss Mason routinely deals with. At paragraph 11 she said that some applicants accrue a sufficient period of leave under section 3C of the Immigration Act 1971 whilst the appeal is pending. Those applicants do not need to apply for further leave. When sufficient leave has been accrued they withdraw their appeal and submit a new application for ILR under paragraph 134.
This paragraph is from one of ILR case which was heard in High court and paragraph is part of witness statement and Miss Mason is Home office case worker, you will be absolutely fine once you complete 10 years withdraw your appeal and put new application with in 28 days.

You can withdraw your appeal by faxing request to appeal tribunal giving them your all details but you should not withdraw your appeal and make a fresh application on the basis of long residence (continuous 10 yr lawful route) on the same day. If you do that, you would be accepting the risk that the HO might not consider it and could return all your files back as invalid ! It happened to my friend and I personally know him...So, it's better to wait for the withdrawal letter and then to file your application for ILR under paragraph 134.. And the success rate is 100%..!
e: 10 years long residence applications
by emran habib » Thu Feb 20, 2014 11:24 pm
Hello Gurus and Friends,
By the grace of Almighty Allah; I am so much excited to inform that, I received my ILR Approval letter arrived with my BRP card today on 20/02/2014.

My application was made on 22/10/2013
Acknowledgement letter: on 23/10/2013
Payment made through postal order
Bio invite received on 28/11/2013
Bio enrolled on 03/12/2013
Doc +BRP recvd on 20/02/2014 ( approval dated 18/02/2014 and BRP date 18/02/2014 )

Before the completion of my 10 years; my visa was refused and I lodged an in time appeal. After that while I did finish my 10 years; I withdrew my appeal and made a fresh application on the basis of 10 years long residence. Majority of the people including the Immigration Barristers i.e (UK IMMIGRATION BARRISTERS, FIRST MIGRATION, MAYFAIR LONDON SOLICITORS, TAZ SOLICITORS, KALAM SOLICITORS, LONDON DANIEL COHEN, GHERSON IMMIGRATION, LONDON VINCENT BUFFONI SOLICITORS & manY more of them) told me that as this has not been mentioned in the policy guidance clearly; there could be about 90 percent possibility that my visa could be refused unless I vary the ground for my application. But I researched all day and night and as I had been taken my every decision since last 10 years; I withdrew my appeal while my 3d was pending. All I placed my trust in Allah and went for it... Allah is the greatest and at last he made me happy.

While making my application; I send my Life in the UK certificates
GP letter
My LLB and LLM Law Degree certificates (Graduated from London University)
My Bank letter as my proof of address
and Cover letter by explaining all the grounds (As I made my application; I realized that the cover letter is the most important part as I wrote whole 3 pages explaining all the grounds).

OH! I'm free from all the pain and sufferings now. And all the Immigration lawyers who said "a big No to me" was quite shocked to hear about my news. lol. Alhamdulillah...
Congrats to all my Brothers and Sisters who received earlier and I wish you all the best whoever are waiting... Allah made me happy.

hi
i have same situation i have completed 10 years in march but my tier 1 application appeal is pending if you can help me did you wait till you get hearing date or you applied as son as you completed 10 years cos i was looking everywhere but nobody has clear answer ... someone saying u have to waitv till u get ur appeal sorted and someone saying u have to wait till u get hearing date so please if u can tell how did u apply ...

thanks in advance

[abiswaslaw]

Hi,

(1) when you said paragraph 11 of witness statement of Miss Masson - case worker and High Court case - can you please name the case with reference number and also please tell me where can I find her stamment as an evidence.
(2) I am in complex situation in terms clarifying 3c with regards to my brother case. He arrives in UK with LTR in 2003, extended until 2005 on medical ground, subsequent HO refusal was appealed. Tribunal dismissal was challanged to be reconsidered in time in 2006, nothing heard thereafter. Recently Tribunal made a direction scheduling on 3/04/2015 for oral hearing date of 2006 reconsider case. It appears 3c leave, can anybody help me out if it is absolute 3c leave?
(3) if absolute 3c - can 10 year long residence ILR application be made and how to as 3c pending in tribunal?

Thanks.

[abiswaslaw]

Thank you. Not quite sure abt 2nd para " followed by the statement of case worker". Can you please help by giving me link of state,net and high court case you mentioned.
Thank you.

[abiswaslaw]

Hi can you name or link the high court case you reffered below also please inform where can I get Miss Mason Statement.
Thanks


quote="nyutan2003"]

please see the posts of emran habib.if you do not find it.i am pasting his words below.

by emran habib » Mon Jan 27, 2014 11:22 pm
Dear Friend please read the following statement !
"A person may complete 10 years continuous lawful residence whilst they are awaiting the
outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it
is not possible to submit a new application while an appeal is outstanding. However, the
applicant can submit further grounds to be considered at appeal.
If the applicant has an outstanding appeal against a decision to refuse leave to remain or
indefinite leave to remain, and submits an application for long residence, you must void the
case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must
send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application
has been linked with their outstanding appeal." [Page 25/67 of the Guidance]

Followed by the statement of a case worker; the statement then goes on to deal with the procedure of dealing with applications under paragraph 134 which Miss Mason routinely deals with. At paragraph 11 she said that some applicants accrue a sufficient period of leave under section 3C of the Immigration Act 1971 whilst the appeal is pending. Those applicants do not need to apply for further leave. When sufficient leave has been accrued they withdraw their appeal and submit a new application for ILR under paragraph 134.
This paragraph is from one of ILR case which was heard in High court and paragraph is part of witness statement and Miss Mason is Home office case worker, you will be absolutely fine once you complete 10 years withdraw your appeal and put new application with in 28 days.

You can withdraw your appeal by faxing request to appeal tribunal giving them your all details but you should not withdraw your appeal and make a fresh application on the basis of long residence (continuous 10 yr lawful route) on the same day. If you do that, you would be accepting the risk that the HO might not consider it and could return all your files back as invalid ! It happened to my friend and I personally know him...So, it's better to wait for the withdrawal letter and then to file your application for ILR under paragraph 134.. And the success rate is 100%..!
e: 10 years long residence applications
by emran habib » Thu Feb 20, 2014 11:24 pm
Hello Gurus and Friends,
By the grace of Almighty Allah; I am so much excited to inform that, I received my ILR Approval letter arrived with my BRP card today on 20/02/2014.

My application was made on 22/10/2013
Acknowledgement letter: on 23/10/2013
Payment made through postal order
Bio invite received on 28/11/2013
Bio enrolled on 03/12/2013
Doc +BRP recvd on 20/02/2014 ( approval dated 18/02/2014 and BRP date 18/02/2014 )

Before the completion of my 10 years; my visa was refused and I lodged an in time appeal. After that while I did finish my 10 years; I withdrew my appeal and made a fresh application on the basis of 10 years long residence. Majority of the people including the Immigration Barristers i.e (UK IMMIGRATION BARRISTERS, FIRST MIGRATION, MAYFAIR LONDON SOLICITORS, TAZ SOLICITORS, KALAM SOLICITORS, LONDON DANIEL COHEN, GHERSON IMMIGRATION, LONDON VINCENT BUFFONI SOLICITORS & manY more of them) told me that as this has not been mentioned in the policy guidance clearly; there could be about 90 percent possibility that my visa could be refused unless I vary the ground for my application. But I researched all day and night and as I had been taken my every decision since last 10 years; I withdrew my appeal while my 3d was pending. All I placed my trust in Allah and went for it... Allah is the greatest and at last he made me happy.

While making my application; I send my Life in the UK certificates
GP letter
My LLB and LLM Law Degree certificates (Graduated from London University)
My Bank letter as my proof of address
and Cover letter by explaining all the grounds (As I made my application; I realized that the cover letter is the most important part as I wrote whole 3 pages explaining all the grounds).

OH! I'm free from all the pain and sufferings now. And all the Immigration lawyers who said "a big No to me" was quite shocked to hear about my news. lol. Alhamdulillah...
Congrats to all my Brothers and Sisters who received earlier and I wish you all the best whoever are waiting... Allah made me happy.

hi
i have same situation i have completed 10 years in march but my tier 1 application appeal is pending if you can help me did you wait till you get hearing date or you applied as son as you completed 10 years cos i was looking everywhere but nobody has clear answer ... someone saying u have to waitv till u get ur appeal sorted and someone saying u have to wait till u get hearing date so please if u can tell how did u apply ...

thanks in advance [/quote]

[Omor4real]

you either withdraw your appeal and make a new application for ILR, but note that your 3c ends once an appeal is withdraw or

you send additional grounds to both presenting officer and tribunal telling them that you've completed ten years, done liuk , english and you don't have any criminal record. Hence you qualify for ILR based on long residence.

[abiswaslaw]

Thank you. I thought the same of two options. My case quite an unique. I arrivev in UK in 2003 with LTR that extended to 2005 then appeal dismissed (ftt) in 2006 and in time recosideration application made (UT)- nothing happened thereafter. Last month March UT informed that it is going to deal with pending case 2006 and oral hearing scheduled on 30/04/2015. NOW (1) if it is absolute (look like AYE) that I'm on 3c leave? (2) your second option is preferable (cos don't want to loose 3c in case despite of 28 days overstay is ok) without language + life then long residence LTR application should be ok? (3) would it be fresh new application paying full fees or variation application paying remaining fees (deduction from paid fees in refusal application - exactly how it works in dealing with 3c pending with UKVI application which is almost similar to fresh application but paying remaining fees plus maintioning variation application). (4) referring to 'red scorpion' reply above para 2 - could you please confirm which case or any link of statement it mentioned plus Miss Masson presenting officer.

Thank you very much.

[abiswaslaw]

Further to my earlier one can you pleased confirm if I choose second option of adding gound and write to both UT and POU - should I send along with completed application form with requisite documents in complete manner. Thanks