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10 years ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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nivd811
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Posts: 2
Joined: Fri Sep 21, 2018 3:32 pm
United Kingdom

10 years ILR

Post by nivd811 » Sun Nov 04, 2018 1:42 pm

My wife applied for ILR (10 year route) and got refused (due to tax amendments) on January 2018 with right of appeal. She is currently waiting for the appeal hearing date.
My FLR also got refused as it was linked to my wife's application. I'm also waiting for my appeal hearing date.
My 10 year will be completed by February 2019.
Will I be able to apply for ILR based on 10 year route in Feb 2019? If anyone had same kind of experience ? Please advise

vinny
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Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Re: 10 years ILR

Post by vinny » Sun Nov 04, 2018 3:21 pm

Long residence wrote: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.
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Navi05
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Posts: 14
Joined: Wed May 23, 2018 9:30 pm
Wales

Re: 10 years ILR

Post by Navi05 » Mon Nov 05, 2018 12:03 pm

You can request the tribunal to link your appeal with your wife’s appeal, it’s possible. If her appeal is allowed yours will be allowed as well.

nivd811
Newly Registered
Posts: 2
Joined: Fri Sep 21, 2018 3:32 pm
United Kingdom

Re: 10 years ILR

Post by nivd811 » Mon Nov 05, 2018 6:18 pm

vinny wrote:
Sun Nov 04, 2018 3:21 pm
Long residence wrote: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.
Thanks for your reply.

"the applicant can submit further grounds to be considered at appeal"
Does this mean:
Include the 10 years completion information on my witness statement and produce additional documents for proof on the date of the appeal hearing?
OR
Write to the court of appeal about my 10 years completion and send these documents before the hearing date (if the hearing date is after January 2019 as I will be completing 10 years by the end of January 2019)?

Do I need a solicitor to do this? or can I do it my self?

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