10 year long residence application ILR

[ILR10YEARBASIS]

Hi,
Many thanks for reading my post.

I came to UK on student visa valid from 28/08/2005. I entered UK on 12 Sept 2005. I have successfully studied and extended my leave to remain as a student. My current leave was valid till 30 April 2016 but my College was revoked by UKVI . I received curtailment letter from UKVI stating my leave to remain has been curtailed till 15 February 2015.

so my total legal stay in UK is 9 years and six months.

What should I do now ?

I dont want to go on student route as I am aware of fact that if my application for extension is refused I will have no right of appeal

Please tell me how can I complete this 6 months ?

[Zee ali]

Hi,
Many thanks for reading my post.

I came to UK on student visa valid from 28/08/2005. I entered UK on 12 Sept 2005. I have successfully studied and extended my leave to remain as a student. My current leave was valid till 30 April 2016 but my College was revoked by UKVI . I received curtailment letter from UKVI stating my leave to remain has been curtailed till 15 February 2015.

so my total legal stay in UK is 9 years and six months.

What should I do now ?

I dont want to go on student route as I am aware of fact that if my application for extension is refused I will have no right of appeal

Please tell me how can I complete this 6 months ?

FLR FP application is more appropriate

Appeal is still exist for human rights application.

[ILR10YEARBASIS]

many thanks for your reply.

I have been exploring this FLR FP option with Solicitors , they are suggesting that even FLR FP might NOT get a right of appeal.
and the money they asking for this service is also alot , they are charging minimum of £2000 for both application plus the HOME OFFICE Fess and if it goes to appeal hearing they want another £600 .


I am confused , which option should I take ?

[vinny]

I have been exploring this FLR FP option with Solicitors , they are suggesting that even FLR FP might NOT get a right of appeal.

Why not?

[ILR10YEARBASIS]

@ vinny . I have met more than 10 immigration solicitors since past two weeks , majority of them doesn't have a clue of Immigaration Act 2014 , which recently October 2014 was enacted. Two solicitors were able to tell me what the new rules meant in practice. According to New rules on right to appeal, there only three types of applications which attract right to appeal ( please see the attached page from Immigration Act 2014) . The lawyers are saying it is upto the case worker to give you right of appeal on your "family and private life grounds) if the case worker thinks your claim of " family and private life" is not substantial they can refuse your application with no right to appeal.
Even if you get a right of appeal which now seems impossible , you will have to wait till your hearing date , few wweeks before the hearing date assuming you have completed ten years lawful residance your solicitor need to add additional grounds to your appeal informing both the court and Home office solicitor that the appellant has completed ten years lawful residance. but if you withdraw your apppeal and make a fresh SET LR application than your apapplication will be refused as the time when you make the FLR FP to when you withdraw your apppeal will NOT count aa legal residance. Section 3 d will not count.

[Zaidii]

Quote

"Even if you get a right of appeal which now seems impossible , you will have to wait till your hearing date , few wweeks before the hearing date assuming you have completed ten years lawful residance your solicitor need to add additional grounds to your appeal informing both the court and Home office solicitor that the appellant has completed ten years lawful residance. but if you withdraw your apppeal and make a fresh SET LR application than your apapplication will be refused as the time when you make the FLR FP to when you withdraw your apppeal will NOT count aa legal residance. Section 3 d will not count."


What's the source of the above information?

[ILR10YEARBASIS]

http://www.legislation.gov.uk/ukpga/201 ... d/data.htm


Solicitor told me this plus read above legislation on Appeals

[Zee ali]

Quote

"Even if you get a right of appeal which now seems impossible , you will have to wait till your hearing date , few wweeks before the hearing date assuming you have completed ten years lawful residance your solicitor need to add additional grounds to your appeal informing both the court and Home office solicitor that the appellant has completed ten years lawful residance. but if you withdraw your apppeal and make a fresh SET LR application than your apapplication will be refused as the time when you make the FLR FP to when you withdraw your apppeal will NOT count aa legal residance. Section 3 d will not count."


What's the source of the above information?

@Zaidi if let say he is right. We dont have to worry as our applications and appeal r before october 2014.

[Zee ali]

http://www.legislation.gov.uk/ukpga/201 ... d/data.htm


Solicitor told me this plus read above legislation on Appeals

Section 3c wont make u over stayer and no where in your link it says that section 3c won't count toward 10 years legal stay

[ILR10YEARBASIS]

https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf

please read the above pdf especially the section where it aays what happens when you withdraw an appeal and make a fresh application , the case workers are advised to reject thw application as invalid , even the application on the same day the day when appeal is withdrawn.


Seniors please comment on this.

[Obie]

https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf

please read the above pdf especially the section where it aays what happens when you withdraw an appeal and make a fresh application , the case workers are advised to reject thw application as invalid , even the application on the same day the day when appeal is withdrawn.


Seniors please comment on this.

I don't think these lawyers know what they are doing really.

You need to get a FLR(FP) application in before your current leave expires, and for as long as your application remains undecided or an appeal is pending, your leave to remain will be extended by virtue of Section [3C(2)(c).

If 10 lawyer told you, you will be unable to appeal under 82(2)(d), which is still in force, then i must say i found that most disturbing.

Those 10 lawyer may need urgent retraining.

[Zee ali]

https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf

please read the above pdf especially the section where it aays what happens when you withdraw an appeal and make a fresh application , the case workers are advised to reject thw application as invalid , even the application on the same day the day when appeal is withdrawn.



Seniors please comment on this.

Yes but logic behind is different.

It means that if u withdraw appeal wait for withdrawl confirmation from court than apply new application.

Because u cant put a new application when appeal is pending.

[Obie]

https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf

please read the above pdf especially the section where it aays what happens when you withdraw an appeal and make a fresh application , the case workers are advised to reject thw application as invalid , even the application on the same day the day when appeal is withdrawn.


Seniors please comment on this.

85(4) allows tribunal to consider new matter, and having acquired 10 Years on the day of hearing is a matter which the tribunal will be required to take into account.

It is true that Section 3C does not allow you to make a fresh application, so if such an application is made, it will be invalidated, and the Home Office will inform the presenting officers unit, and those issues may be dealt with at the hearing.

[ILR10YEARBASIS]

@ Obie Many thanks for your reply . God bless you. You are a true legend.
Once again thank you very much.


one last question please

so on the day of hearing when the addional grounds are added to appeal , do apply for SET LR or will it be granted on the hearing day ?

[Zee ali]

https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf

please read the above pdf especially the section where it aays what happens when you withdraw an appeal and make a fresh application , the case workers are advised to reject thw application as invalid , even the application on the same day the day when appeal is withdrawn.


Seniors please comment on this.

85(4) allows tribunal to consider new matter, and having acquired 10 Years on the day of hearing is a matter which the tribunal will be required to take into account.

It is true that Section 3C does not allow you to make a fresh application, so if such an application is made, it will be invalidated, and the Home Office will inform the presenting officers unit, and those issues may be dealt with at the hearing.

Thanks @obie to clarify in detail

[Obie]

I hope i have explained it well.

I have tried to explain the law and the policies attached on several occassion, and it appears the solicitors, or so they call themselves, appear to confuse you guys, and then the confusion is brought to the forum, and further confuses other guys.

The law is straightforward, it is the so called solicitors that are the source of confusion.

[wen4k]

Hi All

I am sending off my ILR application today.
I have been here for 15.5yrs, in 2011 I applied for ILR but it was denied, on grounds of a gap of 7 months in 2003. I apealled and I was granted Discresionary leave to remain that runs our 18/01/2015. So I have completed another 10 years, no gaps all intime student visa applications.

Could you pls explain to me how the tracker works that i have been reading about? How do i get on it? How do I access it to see whats happening?
Also what is the average waiting times for a straight fw case?

Thanks so much
WEN4K

Applicantion sent 15/01/2015

[Omor4real]

I hope i have explained it well.

I have tried to explain the law and the policies attached on several occassion, and it appears the solicitors, or so they call themselves, appear to confuse you guys, and then the confusion is brought to the forum, and further confuses other guys.

The law is straightforward, it is the so called solicitors that are the source of confusion.

Thank you for taking your precious time to explain many times, i think the solicitor's do that so that they can make your case more complicated and that will in turn generate more revenue for them. I am currently still with mine because i might end up going to tribunal, because with all the information am getting from here is like am now the one telling her what is appropriate or not. The other time that i was filling my ILR form they told me fixed penalty point is criminal record, i have to fight with them by showing them where home office said it is not. The most annoying thing is when she advice my wife and i to withdraw our FLR(FP) appeal and make new application without telling us the consequences and when i asked her will that not terminate our 3c and give my wife a gap since she is here since 2007, then she said oh that is true.

[Ramos]

Hi Obie and other gurus

I have been here before. I have applied for Ilr long residence four months before my time completes after waiting for 16 months for tier 1 application. My 10 years are completed few days ago. I am very nervous about the outcome of it.

Will they consider date of decision or date of application. I have no breaks in previous visas plus went out side the country for 60 days.

I have applied through lawyer and he told me once u complete 10 years then it doesn't matter if it four months early. You are covered by 3c and safe.

Kindly respond.

[Obie]

The rules provides for application 28 days before qualifying . Not sure 4 months will be considered.

It all depends on caseworker. Will have to wait and see.