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Urgent Help need for my ILR application

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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ccna-rs
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Urgent Help need for my ILR application

Post by ccna-rs » Wed Oct 24, 2018 7:25 pm

Dear Respected members,
Thank you for reading this. I am going to apply (varying from EEA(FM) application which is due to hearing in FTT in February 2019)for my ILR in January 2019. I have attached my detailed case below for the members. Any help or direction would be much appreciated.

The below listing is my immigration history:
[1]. Enter the UK on 22nd April 2007 as a Student and validity till 31st of July, 2008

[2]. Applied for the extension as a Student on 29th July 2008 and the visa granted and validity till 30th Dec 2009

[3]. Applied for an extension as a Student on 28th Dec 2009 and the visa granted and validity till 23rd Jan 2011.

[4]. Applied for PSW on 22nd on Jan 2011 and granted and validity till 14th Feb 2013.

[5]. After PSW, I applied for Ph.D. and granted and valid until 05/06/2017. My wife came to the UK on 29/10/2014 as my dependent with visa validity until 05/06/2017. Unfortunately, my visa was curtailed on 15/01/2015 by the university due to unpaid tuition fees installments. Home Office send me 60 days letter on 19/03/2015 and confirmed my visa was curtailed to 23/05/2015 and asked for a fresh application. I have been trying to manage CAS from university but refused. I have applied FLR (O) on 21/05/2015 on the basis of ECHER fee waiver schemes without paying Application fees. FLR (o) rejected on 28/07/2015.

[6]. I applied for EEA (EFM) application on 13/05/2015 and refused after 5 months on 07/11/2015

[7]. FLR (O) Application for ECHER fee waiver (as I didn’t have enough financial support) made on 30/12/2015 and rejected on 13/01/2016

[8].Another FLR(O) Application made on 22/01/2016 with a statement that I could pay the fees in installment instead of in one payment. This application was rejected on 11/03/2016. Home Office sends me an email that I have to go for reporting in the Becket House at London Bridge twice in a month Thursday from 1.30pm – 3.30pm. I started to go for reporting from 10/03/2016 by every fortnight till now.

[9]. Before Home Office rejecting my previous FLR (o), I have made another application as a member of an EU family on 10/03/2016 (just a day before I went for reporting in Becket House, London Bridge). This EEA (FM) application was refused on 13/09/2016 with an in-country appeal right. I lodge an appeal within 14 days in FTT. My hearing date was set on 02/05/2017 by FTT and subsequently, the hearing was adjourned because of UTT decision on Sala and Khan [2017] EWCA Civ 1755. Until 18.01.2018, I haven’t heard anything from FTT and I received a letter from FTT requesting to confirm my representative, whether the appeal is being pursued or withdraw, current address or place of residence. I am hoping FTT would confirm a new hearing date later.

[10]. Court Send me a letter about the appeal hearing date on 04/02/2019. I do not want to go for hearing as would like to apply for SET(LR) application as I have already spent more than 11 years in this country. But I am not sure whether my 3c leave is still continuing or not.

How likely there is a chance of granting ILR application? or what another basis I Should apply?

thank you again, members

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CR001
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Re: Urgent Help need for my ILR application

Post by CR001 » Wed Oct 24, 2018 7:49 pm

What is your relation to the EU citizen?

An extended family member application does not give you section 3C protection or any automatic rights and therefore you dont have 10 continuous residence and are an overstayer since 2015.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ccna-rs
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Re: Urgent Help need for my ILR application

Post by ccna-rs » Wed Oct 24, 2018 8:00 pm

CR001 wrote:
Wed Oct 24, 2018 7:49 pm
What is your relation to the EU citizen?

An extended family member application does not give you section 3C protection or any automatic rights and therefore you dont have 10 continuous residence and are an overstayer since 2015.
EU Citizen is my Cousin from the maternal side.
What should be done in this stage? as I do not want to go for hearing in the FTT.
thank you again

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CR001
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Re: Urgent Help need for my ILR application

Post by CR001 » Wed Oct 24, 2018 8:08 pm

Your chance if getting ILR are slim as you are an overstayer for more than 3 years.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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