Post
by sagareva » Sun Feb 08, 2015 6:11 pm
but after november you appealed again, right?
so you want to try go for SET(O) claiming leave extended by 3d essentially extended your tier 1 general all the way since 2013?
this is quite unorthodox but to be honest i think it should work, why not?
i certainly heard tell of folks who had trouble with second tier 1 extensions withdrawing appeals and applying for settlement -- but not to much as to know any particular person by name who succeeded, these are all contemplation. however what you are contemplating is essentially the same thing except you were a couple of years short. people also vary tier 1 extension applications to set(o), relying essentially on the same thing -- 3c leave.
of course the rule is you cannot make a fresh application during appeal pending/3d leave, but you can withdraw the appeal and apply within 28 days from that. 28 days still works. people do use 3c and 3d leave to make up ten years for 10-year ILR all the time, and that does get granted. they withdraw pending appeals and then apply.
no reason really this should not work in your case.
the total best case would be to apply to ILR at PEO in sheffield, and in case it fails immediately apply for tier 1 extension. i remember someone on these boards managed to do that, they went to sheffield and demanded basically that their passports from another pending case file were brought down -- and eventually they were. but i think that case might have been a variation of a postal application to another one at peo.
since you are in appeals process we don't even know if your passports ARE in sheffield.
so the whole thing will probably have to happen by post and take even more time to sort out, but i thin chances are pretty good. and certainly better than they are at you ever succeeding at the 10-year thing with the gap you had.
the set(o) case would have to be airtight though, perfect (but for the background, on which you can fight if you have to, but nothing in the rules prohibits that)
that being said, A NEW CAVEAT - you must take into account that since in order to file the application you'd have to withdraw the appeal, ending your 3d leave, you will at that moment voluntarily become an overstayer, and remain an overstayer until your ILR application is decided. under the new guidance on good character requirement for naturalisation, you may prejudice yourself against being granted british citizenship possibly for up to 10 years . this may or may not matter to you of course, depending on your original nationality and other factors
you sound pretty versed in the stuff by now, but I'd love to help out if you decide to go for it, just to see what will happen. I will not charge you. Contact me privately )
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