Immigrationboards.com

Hello Experts,

Can someone please guide me through. I have met 4 lawyers and they have all given me different opinion. I have completed my 10 Years long residency and my appeal is pending with FTT since april 2016. (I have done my ECS check every 6 months and i have legal right to work and live)

My question: can i withdraw my appeal and submit a long term residency application(10 year route). Do i get 14 days to submit an application after withdrawing the appeal?what would happen to section 3c etc if i apply within 14 days.

one lawyer said i should go for premium service and withdraw it at the window/counter , one said i should withdraw in the morning by Fax and go for the pre booked appointment later in the afternoon, one said i should wait for the letter from the court first and then go to the pre booked appointment, one said to wait for the hearing to come and raise this to the judge at the time of hearing but this may take another 10-12 months and you never know if 10 year rule changes in between
so i am not sure what should i do , if i submit an application, would i still be allowed to work whilst the application is getting processed. At the moment i have my 3c valid and my ECS check is also positive.
can somebody share their experiences or guide me through.

Thanks,

The first 2 lawyers don't know what they are doing. It is the last one that appear to have some ideas.

Upon withdrawal, section 3C will lapse.

Dear Sohan,

let me explain you my Case will help you in your Case.

My FTT was dismissed by judge and applied for Permission to appeal in Upper Tribunal for my Tier 4 Visa
previously i had PSW and i completed already 10 year's and had working rights too.

My lawyer sent letter to Court for withdraw appeal and i had 28 days to apply for any new application.
20 days passed every time i called court they said judge still not approve my withdrawn yet i was worried because of 28 days rules.
on the day of 20th i send Fax to court by my self explaining 10 year and ask to send me confirmation and after 2 days i received confirmation and Court did mentioned on confirmation appeal withdrawn from latest date not from when lawyer sent the Email to court.
so after received confirmation after 2 days i went to Premium service for ILR 10 YEAR. They kept my documents and accepted as Valid and asked me to go home and will reply me as soon as possible.
After 2 weeks i received my BRP and Documents Back ALHUMDULILLAH.
once my friend did the same but he did not received confirmation letter but applied in Premium. but he said to case worker and mentioned in cover letter and attached Automatic Email from Court.Letter he will send once he receive and he received ILR after 3 months.
Your case is same like me but my only worries is 14 days Rule that what if you not receive court confirmation with in 14 day's so better send fax on Monday and hope fully you will receive response soon and go for premium.
But its still totally your Decision How you will tackle this situation Yes your 3C will stop and you have only 14 days grace period so its up to you .

Good Luck

Sohan201214 wrote:Hello Experts,

Can someone please guide me through. I have met 4 lawyers and they have all given me different opinion. I have completed my 10 Years long residency and my appeal is pending with FTT since april 2016. (I have done my ECS check every 6 months and i have legal right to work and live)

My question: can i withdraw my appeal and submit a long term residency application(10 year route). Do i get 14 days to submit an application after withdrawing the appeal?what would happen to section 3c etc if i apply within 14 days.

one lawyer said i should go for premium service and withdraw it at the window/counter , one said i should withdraw in the morning by Fax and go for the pre booked appointment later in the afternoon, one said i should wait for the letter from the court first and then go to the pre booked appointment, one said to wait for the hearing to come and raise this to the judge at the time of hearing but this may take another 10-12 months and you never know if 10 year rule changes in between
so i am not sure what should i do , if i submit an application, would i still be allowed to work whilst the application is getting processed. At the moment i have my 3c valid and my ECS check is also positive.
can somebody share their experiences or guide me through.

Thanks,

first of all booked the same day appointment. u will get a date 20 or 25 days from tomorrow may be more depends how busy they r. once u got the same day appointment date than withdraw the appeal 10 days before your appointment date by fax and keep the fax proof. wait for court letter. if not get court letter till day before your appointment u can attach fax record and your solicitor letter that u withdraw the appeal.

Do not work from the date u withdraw your appeal.

Sohan201214 wrote:Hello Experts,

Can someone please guide me through. I have met 4 lawyers and they have all given me different opinion. I have completed my 10 Years long residency and my appeal is pending with FTT since april 2016. (I have done my ECS check every 6 months and i have legal right to work and live)

My question: can i withdraw my appeal and submit a long term residency application(10 year route). Do i get 14 days to submit an application after withdrawing the appeal?what would happen to section 3c etc if i apply within 14 days.

one lawyer said i should go for premium service and withdraw it at the window/counter , one said i should withdraw in the morning by Fax and go for the pre booked appointment later in the afternoon, one said i should wait for the letter from the court first and then go to the pre booked appointment, one said to wait for the hearing to come and raise this to the judge at the time of hearing but this may take another 10-12 months and you never know if 10 year rule changes in between
so i am not sure what should i do , if i submit an application, would i still be allowed to work whilst the application is getting processed. At the moment i have my 3c valid and my ECS check is also positive.
can somebody share their experiences or guide me through.

Thanks,

....?.....?