ILR due in 5 months

[Waseem1987]

Gentlemen,
I am in deep trouble and appreciate greatly if someone of you can assist.
I have applied T1 entrepreneur from Psw last year which was refused.
I went to appeal , all appeals refused.
Final appeal (upper tribunal) refused in May 2015.
In 28 days, I have applied FLR(fp) , first biometrics letter received on 7th October 2015 which needs to be done in 15 working days. Last date is 28 October to submit biometrics.
From 28 October, I have 5 months remaining for 10 years.
Is there anyway, I can proceed ahead?
I was told by one of the solicitor that the application must be successful in order to get ILR.
Can you suggest me anyway forward.
Your help will ve greatly appreciated.
Regards
Waseem Ahmed

[Obie]

Well i hope the application is not refused and certified before the 5 months.

Do you have family and children.

The lawer is wrong. If the application is not decided or decided in your favour before the 5 months, you will be fine.

[Waseem1987]

Obie,
Many Thanks for your reply.

I don't have any family.
FLR(FP) was based on private life.
I think the reason why solicitor said because My precious application (T1 entrepreneur) was refused.

Some people saying that chances are slim on private life applications therefore I am just asking if there is any alternative.

[Waseem1987]

Can Obie or anyone else assist in order to suggest an alternative?
Kind regards

[haris_zam]

well waseem i would say just delay ur biomrtrics u can skip them twice which will earn you some time. be sure you can also apply after giving ur biometrics another flr fp which is a pain wlbut i dont know how but u will be redunded ur 649+500 nhs. but u have to pay again befote the refjnd the same amount that flr will be a variation application in which u can state some relevant grounds to be considered. after that you will give biometrics again whichh will stretch . i'd say get a proper solocitor.

[Waseem1987]

Dear Haris,
I appreciate your kind response.
I am seeing couple of solicitors on Monday.
Let's see how it goes.
Situation is quite tough.
Regards

[haris_zam]

Dear Haris,
I appreciate your kind response.
I am seeing couple of solicitors on Monday.
Let's see how it goes.
Situation is quite tough.
Regards

waseem bro give me ur e-mail or contact details to discuss this and to let me know about the outcome
Moderator edit. PERSONAL DETAILS.

[Casa]

I see that another Moderator has already removed details. For your personal security, please don't post email and contact telephone numbers on the open forum.

[haris_zam]

For your personal security, please don't post email and contact telephone numbers on the open forum.

sorry i was unaware. i removed it .. how can we exchamge contacts in that case . how to pm.
?

[Casa]

That's OK, it's for your protection. Scammers trawl online forums for personal contact details.
Once you've made 10 posts on the forum you will be able to send and receive PMs.

[Waseem1987]

Haris
As per instructions, I am unable to pass details.
Will try to send via pm but due to restrictions, failed to proceed.
Will try again once eligible.

[quantum1]

Well i hope the application is not refused and certified before the 5 months.

Do you have family and children.

The lawer is wrong. If the application is not decided or decided in your favour before the 5 months, you will be fine.

I don't see how this is correct. OP has no valid leave. Op's section 3C leave lapsed. He has a gap in continuous residence from May. For any appeal to be successful, this gap has to be accounted for. The only way it can be done is if his application for FLR(fp) is successful. Otherwise he will not qualify for 10 yrs. I think Lawyer is right. Please clarify

[Obie]

Perhaps you should try and read my post carefully to understand what I an seeking to convey.

I never mentioned anything about section 3C, as I am aware it came to an end when OP'S appeal to upper tribunal was dismissed.

All I am saying is that provided he makes an application , and for as long as this application remain undecided, the period during which the application remains undecided counts towards Long Residence, and if OP gets a second right of appeal, then it will be reasonably argued , that his application remain undecided, and that will count towards lawful residence for the purpose of Long Residence as provided in the rules.

[haris_zam]

Perhaps you should try and read my post carefully to understand what I an seeking to convey.

I never mentioned anything about section 3C, as I am aware it came to an end when OP'S appeal to upper tribunal was dismissed.

All I am saying is that provided he makes an application , and for as long as this application remain undecided, the period during which the application remains undecided counts towards Long Residence, and if OP gets a second right of appeal, then it will be reasonably argued , that his application remain undecided, and that will count towards lawful residence for the purpose of Long Residence as provided in the rules.

agreed ... as long as the decision is not reached the continuity is not breached..

[Waseem1987]

Obie,
Can I apply Set0 now ( Varry from FLR fp) because I was told one of Solictor that I can apply and if they refuse, I will have right of appeal.
Do you think it's right way?
Regards

[Waseem1987]

Haris: I am still unable to send message.

[Obie]

Obie,
Can I apply Set0 now ( Varry from FLR fp) because I was told one of Solictor that I can apply and if they refuse, I will have right of appeal.
Do you think it's right way?
Regards

Difficulty to see the logic in what the solicitor said.

[Waseem1987]

Hmm, quite tough

[Obie]

Haris: I am still unable to send message.

You will not be presently able to send private posts.

[haris_zam]

waseem brotherri believe u have to atleast make 10 post before your allowed that function i.e private messaging.. u havr made 8 so far...

[Waseem1987]

Yes received

[Waseem1987]

I am still trying to find out the solution.
I have an appointments with 3 solicitors tomorrow.
Will update if there is any way out.

[haris_zam]

please do update.

[quantum1]

Perhaps you should try and read my post carefully to understand what I an seeking to convey.

I never mentioned anything about section 3C, as I am aware it came to an end when OP'S appeal to upper tribunal was dismissed.

All I am saying is that provided he makes an application , and for as long as this application remain undecided, the period during which the application remains undecided counts towards Long Residence, and if OP gets a second right of appeal, then it will be reasonably argued , that his application remain undecided, and that will count towards lawful residence for the purpose of Long Residence as provided in the rules.

Sorry, I don't follow. While you have not mentioned anything about section 3C leave, I think the entire case hangs on it. The only way an undecided application counts towards Long Residence is if it adds time to the 10years of continuous lawful residence. This would be the case if OP had section 3C leave. But OP does not. The fact that the application is undecided is only pertinent if it provides continuity of lawful residence

[Obie]

That post is not legally sound.

It is not only section 3C that counts for the purpose of Long residence. Undecided application made within 28 days of a leave expiring, and remains undecided also contributes to Long residence 10 years.