ILR 10 yr long res - while 3c UT appeal pending

[abiswaslaw]

Hi, in time appeal pending, oral hearing on 30/04/2015 befor UT, while 10 years lawful long residency qualified. It is not possible to make new application to HO for ILR while case pending before tribunal. Can anybody shed any light on in terms of ---

1) how to switch to ILR application than appeal ground now while in appeal is in process before UT?
2) if it would be fresh application or variation one
3) do I have to pay full ILR fees or remaining balance (deduction from paid old fees)

Thanking you.

[abiswaslaw]

Hi,
I may qualify for long residency ground ILR while my case in UT. I cam initially with visitor LTR that does not endorse working. I have business in back home and HO said that I am working here in the UK and it considered work as I am continuously using computer to maintain my business in back home from here. Could you please confirm if I direct my business back home using computer here remotely - does it consider as Work under immigration law? Can you please give me any reference?

Thank you.

[abiswaslaw]

Can you please shed any light in this complex situation below -

Visa national arrived in 2003 in UK with 6 month LTR that extended until 2005. In time further extension application refused; in time lodged appeal - in absentia hearing held and dismissed outcome in 2005. Set aside application and in time reconsideration (permission to appeal) application was lodged in 2006 - nothing heard thereafter until recently. In 2015 hearing held before UT re permission to oral hearing of 2006 reconsider application and UT set aside FT (2005) determination. Await further development or fresh hearing date from FT. NOW - can you please shed light on -

!) If appellant enjoys 3c leave and can he apply under 276B 10 year long residence ground
2) how can it be done while appeal is pending

Thanks

[vinny]

The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal

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 long residence application 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. You must use Doc Gen letter ICD.3207 for this purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.

[abiswaslaw]

Hi
Can you pl help me out with best possible option in scenario below:

My appeal is pending before FTT and await notice of schedule hearing date. I am over 10 years under 3c leave, have just passed life in UK + B1 - can't wait to apply for long residence ILR under 276B capacity.

Can you pl hep me out with best and quick option I have to apply for ILR.

May thanks

[Omor4real]

if you are sure you meet all the requirement, you can withdraw from the appeal and go for same day service after you receive confirmation from tribunal.

[abiswaslaw]

Thank you for reply. Yes, withdrawing is one option, negative side is it will make me overstayer if so, despite of 28 days overstayer is allowed. Being taking any risk of being overstaying is not good idea. Can you pl help me if any other option available without being overstaying? Thanks

[vinny]

Alternative.

[Omor4real]

Thank you for reply. Yes, withdrawing is one option, negative side is it will make me overstayer if so, despite of 28 days overstayer is allowed. Being taking any risk of being overstaying is not good idea. Can you pl help me if any other option available without being overstaying? Thanks

You don't seem to know what you want, i can't count how many time you have asked this question.

follow through your appeal or withdraw and go for same day application, that way you don't wait too long for your ilr.

People have done this on this forum and the law allows it. so stop asking the same question and make a decision.

[abiswaslaw]

Peron living in the UK since 2003 who arrived in the with limited leave then in time refusal appeal that still going on. HO confirm his legal status as 3c. While appeal pending he recently made ILR application (normally appeal need to be withdrawn before making such application). I have seen similar case that ILR application made while appeal outstanding - then ILR granted and appeal withdrawn or lapsed. Any thought about this ILR application while appeal pending?

Thanks

[vinny]

No.

[abiswaslaw]

No.

Vinny, thanks for that. It is pretty complected one than normal. in 2006 in time appeal lodged against SSHD extension refusal decision and appeal was dismissed then. That IJ determination (2006) has been set aside in 2015 by UT and remit back to FT, awaits scheduling hearing. SSHD confirmed appellant present status as 3c. In that case -

1) What is the best possible way to deal with long residence ILR VARIATION application
2) Is there any way - we can make SSHD to reconsider the old application or review their refusal decision again getting the case back from FT. So that we can make then ILR VARIATION application?

Thnaks