ILR Due in 2 months but Application refused Past week

[shoji147]

My friend is facing a problem mentioned in the post topic above guys. This is what he has told me .. Please gurus can u advise on the next course of action
Thanks a lot for the help

"I came to the UK on 15 Dec 2004. My last visa was expired on June 2014. Currently i am living with my partner. I made a new visa application which was FLR(FP) in June 2014 with my dependent. On 17 Oct 2014 my application was refused due to some new changes in the FLR(FP). My 10 years completing on 15 Dec 2014 so i just got a gap of nearly 2 months. Home Office gave me the right of appeal against this decision which is expiring on 31 Oct 2014. So in that case i need some assistance and advice from you guys that what should i do now and what actions shall i take against this decision. Please I need your help urgently."

Please any help will be much appreciated.
On behalf of my friend
Shujaat

[Zee ali]

Put appeal in time (before 31 october) and dont pay the fees to (delay the process). Then tribunal will request u to pay the fees.

2 months is very short time. He will complete it. His section 3c intact se he will be fine.



when he completes 10 years than he has 2 choices.

1. withdraw the appeal and get the court confirmation letter of withdrawing the appeal and apply set lr.

but keep is mind by doing this his 3c will end. He can no longer work but as HO rules allow him to stay 28 days over stay.

Fully compete set lr and signed properly if this application comes back invalid than that is it. Game over.

2. Go the court on hearing date. Add additional ground on his appeal that he completed 10 years (use one stop warning).


than tricky part comes. different scenario can happen. Nobody sure. depends on judge
a) Court will direct HO to reconsider his case and give him ILR than HO give u ILR and 30 months leave to any spouse if any applied

b) Court will say to HO to reconsider his case. HO may ask u to fill in set lr and pay the difference of fees.

or

after judge decision HO wont do anything or they wait and u fill in set lr and VARY your flr fp application to set lr.

In all cases your 3c will intact and u can work until u get ilr

[shoji147]

Thanks a million cannot appreciate much the time u have taken to write this detailed reply .. Once again thankyou n god bless you...

[aiza78601]

zee i would sugest him to not withdraw his appeal,like many people from our forum completed their 10 years during appeal process and when they went for hearing they argue that they qualify for 10 years long residency now and judge ask HO to consider their ilr now

[Zee ali]

zee i would sugest him to not withdraw his appeal,like many people from our forum completed their 10 years during appeal process and when they went for hearing they argue that they qualify for 10 years long residency now and judge ask HO to consider their ilr now

Yes Aiza u r right