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ILR 10 years route

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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megan_house
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ILR 10 years route

Post by megan_house » Sun Dec 17, 2017 5:50 pm

Hello Members

Could you kindly advice if for example Appeal Rights are given, can the applicant legally work in the UK on the appeal rights? could the DVLA cancel the driving licence?

Thanks

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makky86
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Re: ILR 10 years route

Post by makky86 » Sun Dec 17, 2017 6:11 pm

megan_house wrote:
Sun Dec 17, 2017 5:50 pm
Hello Members

Could you kindly advice if for example Appeal Rights are given, can the applicant legally work in the UK on the appeal rights? could the DVLA cancel the driving licence?

Thanks
Yes , you can work while appeal is pending.

https://www.gov.uk/government/uploads/s ... ction5.pdf


Under sections 3C(2)(b) and 3D(2)(a) leave is extended while an in-country appeal
could be brought against an immigration decision under section 82 of the 2002 Act
(see IDI Chapter 12 for a complete list of immigration decisions).

An appeal can be brought until the end of the time limit for appealing against a
decision which is 10 working days from receipt of the notice of decision. If the
decision is sent by first class post, the decision is deemed to have been received 2
days after it was sent, unless there is proof to the contrary.

If no appeal is brought in time, leave to remain which is extended by 3C or 3D will
lapse. If an out of time appeal is accepted by the Tribunal, leave is extended until the
appeal is finally determined, withdrawn or abandoned.

I am not sure why DVLA would cancel the driving license? DVLA has nothing to do with immigration status
II Youths a stuff neve endures II

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Casa
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Re: ILR 10 years route

Post by Casa » Sun Dec 17, 2017 6:26 pm

It does to the extent that if someone has no legal residence in the UK, their driving license can be revoked by the DVLA. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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makky86
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Re: ILR 10 years route

Post by makky86 » Sun Dec 17, 2017 6:29 pm

Casa wrote:
Sun Dec 17, 2017 6:26 pm
It does to the extent that if someone has no legal residence in the UK, their driving license can be revoked by the DVLA. :idea:
Thanks. So does DVLA is integrated with Home office system so if someone' stay is considered over then the data is flown into DVLA system so they cancel the licnese?
II Youths a stuff neve endures II

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Casa
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Re: ILR 10 years route

Post by Casa » Sun Dec 17, 2017 6:33 pm

More or less, yes. All Government department share their information on connected system. The HO also have the right to close an illegal resident's bank account/s and freeze the funds.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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makky86
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Re: ILR 10 years route

Post by makky86 » Sun Dec 17, 2017 6:35 pm

Casa wrote:
Sun Dec 17, 2017 6:33 pm
More or less, yes. All Government department share their information on connected system. The HO also have the right to close an illegal resident's bank account/s and freeze the funds.
Thanks for increasing my knowledge. :)
II Youths a stuff neve endures II

megan_house
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Re: ILR 10 years route

Post by megan_house » Sun Dec 17, 2017 9:46 pm

Thank you for your reply everyone.

So if the appeal rights are given that means the applicant is not considered as an overstayer or illegal and by that means DVLA would not cancel the driving licence. Please correct me if i am wrong here.

Thanks

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bruteforce
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Re: ILR 10 years route

Post by bruteforce » Sun Dec 17, 2017 10:42 pm

megan_house wrote:
Sun Dec 17, 2017 9:46 pm
So if the appeal rights are given that means the applicant is not considered as an overstayer or illegal and by that means DVLA would not cancel the driving licence. Please correct me if i am wrong here.
Thanks
Being given appeal right itself is not enough, you will actually have to lodge an appeal within the given time which is usually 14 days.

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