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Hi Guys,

I recently got my ILR in Feb 2015 after my appeal was withdrawn. According to the new rules, it was stated that someone should not have been in breached of immigration laws in the past 10 years. I applied before my visa expired in November 2014. I have been on appeal from January 2014. I withdraw my appeal in October 2014 and apply for my ILR the same day which was granted in February.

My wife is BC and I am to apply by end of May. Can I apply even though I was on appeal for 10 months before I apply within 28 days of withdraw of appeal ?

Looking forward to your response

Great77 wrote:Hi Guys,

I recently got my ILR in Feb 2015 after my appeal was withdrawn. According to the new rules, it was stated that someone should not have been in breached of immigration laws in the past 10 years. I applied before my visa expired in November 2014. I have been on appeal from January 2014. I withdraw my appeal in October 2014 and apply for my ILR the same day which was granted in February.

My wife is BC and I am to apply by end of May. Can I apply even though I was on appeal for 10 months before I apply within 28 days of withdraw of appeal ?

Looking forward to your response

Information is bit sketchy in my view.

1. What kind of appeal was that?
2. How did you withdraw your appeal and applied on same day?

Anyway, the time before a decision is made about any application/appeal, is considered to be served under
the visa category at the time of application/appeal. So if you applied for ILR before Home Office received your withdrawal request (check receipts of withdrawal on letters from Home Office) then you were within rules as far as I can understand and personally I see that nationality should not be a problem if you apply 12 months after the issue-date on BRP of your ILR.

Also please click here for further information on Naturalisation as a British Citizen.
Good luck.

Thank you for your reply.

I have been oon student and PSW visa until November2013. Before my visa expire in November 2013, I applied for FLR (O) which was refused in January. I appeal in time and i withdrew permission to appeal to lower tribunal for UTT by FAX in October 2014, and applied the same day and the ILR is granted in February 2015.

I am married to british citizen which means I can apply any time.

But what am asking is though I applied within 28 days of overstaying after withdrawal of appeal. Will that be a breach of immigration law from that October 2014 or during time of appeal.i

Thanks

Great77 wrote: I am married to british citizen which means I can apply any time.

Oh okay, thanks I overlooked that. Given you have other requirements met, yes that is true.

Great77 wrote: But what am asking is though I applied within 28 days of overstaying after withdrawal of appeal. Will that be a breach of immigration law from that October 2014 or during time of appeal.i

Thanks

Personally I don't think it would be classed as being an overstayer, if you had applied for ILR before you received a confirmation of withdrawal of your appeal from Home Office, so in my view you should be fine.

Happy to be stood corrected, though.

Technically, you couldn't have applied before withdrawing your appeal. However, there's hope.

vinny wrote:Technically, you couldn't have applied before withdrawing your appeal. However, there's hope.

Thank you Vinny. I withdraw the appeal by FAX and send the application ILR same day.

By the time tribunal should process the withdraw of permission to appeal to lower tribunal for UTT, The judge had made decision that my permission is not allowed. But they told me that it is in their system that I withdraw my appeal that date.

I think Annex B of section 8.10 said something in line with my enquiry, but similar to appeal process as lawful resident during my last 10 years .

8-10

We should normally exercise discretion to disregard a breach of the
immigration laws (i.e. a period of unlawful residence) only if there are
reasons for the breach which were clearly outside the individual’s
control, or the breach was genuinely inadvertent and short. Examples
would include circumstances where:
 the breach occurred at a time when the applicant was a minor
whose parents failed to obtain or renew their leave, or where the
applicant was a victim of domestic violence whose abusive partner
prevented the renewal of leave;
 the breach arose due to the rejection of an "in-time", but
incorrectly completed, mandatory application form for leave to
- 24 -
remain, provided there is no reason to doubt that the form was
submitted in good faith;
 the breach arose as a result of a late application for leave to
remain where the application was submitted no more than 28 days
late (or in the case of an asylum application was submitted after no
more than 28 days overstaying) and was subsequently granted.
We should exercise discretion to overlook longer periods between
the expiry of leave and submission of application only if there are
exceptional circumstances, such as a family illness or bereavement;

vinny wrote:Technically, you couldn't have applied before withdrawing your appeal. However, there's hope.

Thanks for guidance, vinny.

fwd079 wrote:

vinny wrote:Technically, you couldn't have applied before withdrawing your appeal. However, there's hope.

Thanks for guidance, vinny.

Thank you Vinny and Fwd079. The link hope clarify everything for those in my similar situation.

Thanks a lot Vinny and Fwd079.

@Great77 can you please let us know why FLR(O) was refused?

@Siraj ud-Daulah The reason it was refused was that I have not spent half of my life in the United kingdom. They understand that I have strong ties here, but not enough time by spending half of my life which is age .

I applied in November 26th 2013 and they quickly refused me in January 12th 2014. I appealed to complete my 10 years in October, The first hearing was September, which was refused and I appeal for permission to lower tribunal for UTT and I completed my 10 years. Withdraw and I applied.

There was no gap in all my years so far. Hope you got my message