ILR Rule LR11.3

[Imesh]

Currently, I am already covered under Rule 3C (Appeal is pending with Tribunal for decision) and completed 10 years continuous lawful residence period in UK.
Now, if I want to make ILR application I have to withdraw my appeal and make new application for ILR. But when I withdraw the appeal and the withdrawal is approved by court I become overstayer. But, within 14 days I make ILR application.

Will the below new rule impact me.
LR 11.3. Subject to LR 11.4, the applicant must have had permission on their current immigration route for at least 12 months on the date of application, or have been exempt from immigration control in the 12 months immediately before the date of application.

LR 11.4. If the applicant’s current permission was granted before 11 April 2024, LR 11.3. does not apply.

Kindly requested the group expert for their advice.

[zimba]

If on the day of application, you are an overstayer, then your ILR application will fail. You better regularise your stay before attempting to apply for ILR

[Imesh]

Thanks, for reply.
So the safest way is to apply for extension of 02 years considering long residence (10year route) and then after one year apply for ILR.

Any comments on the above.

[zimba]

You should go through with your appeal

[Imesh]

What if the appeal decision of court is not in my favour. What to do then?

And why you think there will be issue with the extension of 2 years after completing 10 years lawful residence.

[zimba]

What if the appeal decision of court is not in my favour. What to do then?

And why you think there will be issue with the extension of 2 years after completing 10 years lawful residence.

You will become an overstayer if your appeal fails. Then you must seek to regularise your stay which means you need 12 months on that visa before you can apply again

[Imesh]

What I understood, If the appeal fails I need to make FLR(LR) application ? And that will be granted right ?

Can I make FLR(LR) application as soon I complete 10 years after withdrawing the appeal ?

What is the best option.