general question about PAP and ILR

[dilse4srk]

Dear Moderators,

I will be very grateful if you could please let me know if our flr fp application is refused with no right of appeal and within 7 days of refusal we filed PAP and got in country right of appeal which we exercised and won. Please let me know if all this time is considered in ILR long residency. As after the appeal right i had my hearing after a year which i won from FTT and got the 2.5 yrs leave to remain (under 10 yrs partner route) but i have been living in uk LEGALLY since 2009 january. Let me know plz

[dilse4srk]

Please reply

[zimba]

Possibly. The long residence guide says:

you should normally use discretion to disregard any break in continuous lawful residence where the appeal is subsequently allowed. Any discretion on this basis will result in a grant outside of the Immigration Rules.

[dilse4srk]

@zimba
I asked home office to send me SAR for all my applications made so i can see what they have on file regarding my applications. Its says on the file "this person has no 3c leave" because after his refusal we gave him out of country right of appeal. This doesnt mean he will have 3c again if he wins the appeal later in future.
So i won the appeal and home office representative's closing remarks on my file stated that we "home office" made mistake on applicant's case. his visa should be granted.
My worry is , is this going to cause any issues when i apply ILR .

Also noticed one more thing. The CID form option which asks about "3c leave extended = yes" i had this
however the discussion around 3c were internal and not lodged on any form option

[zimba]

Apply for SET(LR) and surely CW will see the file and apply discretion

[dilse4srk]

@zimba
just notice on the last page of SAR it says 3c leave expired june 2016. This is what stressing me a lot that why would my 3c leave expires when the mistake was made by home office and they even admitted on the same page that home office case worker didnt read the proof's properly , this application should not have refused in the first place.
Any idea?

[zimba]

HO will look into this. You must write this in your covering letter. Ignore the SAR remarks

[Georgioche]

Hello I know that is an old post, but could you tell me how long it took between when you submitted the PAP and when you got your in country right of appeal? Also after you got your in country right of appeal were you able to work?

Dear Moderators,

I will be very grateful if you could please let me know if our flr fp application is refused with no right of appeal and within 7 days of refusal we filed PAP and got in country right of appeal which we exercised and won. Please let me know if all this time is considered in ILR long residency. As after the appeal right i had my hearing after a year which i won from FTT and got the 2.5 yrs leave to remain (under 10 yrs partner route) but i have been living in uk LEGALLY since 2009 january. Let me know plz

[dilse4srk]

HI , it took 3 months for them to give me in country right of appeal. I always had right to work, this was confirmed by ecs checks done by my employers

[dilse4srk]

HO will look into this. You must write this in your covering letter. Ignore the SAR remarks

]

hi zimbra, what should i write in covering letter, i didnt get your point