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Category: UK Immigration Law
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Experience:  Solicitor
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Hi could you please advise me if I have pending appeal and

Customer Question

Hi could you please advise me if I have pending appeal and in the meantime I have passed my lawful ten years stay in the UK then will I be able to make a fresh application for ILR. thanks
Detail case study:
I entered in the UK in February 2001 as a student and I applied for PSW on around 8th October 2008 and the that existing leave to remain was due to expired in 31 st October 2008, my application was refused on the basis of not meeting the role that the bank statement provided need to be within 28 days but in my case it was 3-4 days over the required timescale. In November 2008 On the appeal hearing I took the back up statement from my bank showing that i had enough fund for that period in question. Court accepted my appeal. Then I was waiting for the letter to be sent to me by Home office so that I could send my passport back to them. But I have not heard anything from home office until May 2010, they informed me that I was given PSW VISA from April 2010 to April 2012 but they have curtailed it by using their discretion because the college which gave me certificate was not authentic and college was shut hence my degree was not eligible for PSW. So then I appealed against their decision of curtailment and my hearing date is 12th November 2010 in the Tribunal. In February 26th 2011 will be my 10 years in UK. What would be my best course of action and what is law says about my ILR application. I am married my wife is here with me for 7 years, we have a two year daughter.       
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 4 years ago.
Are the grounds for curtailment justified? Was the college closed? How did you get the certificate?
Customer: replied 4 years ago.
Based on their report it looks like the college in concern sold these certificates, but in my case I did not buy like others rather I told them that I have finished 3 years study with another college but they did not have sponsorship from UKBA for PSW if I could transfer my credit to their college and they could issue me certificate , which they did, but they did not give any formal credit transfer letter, they issued me with the certificate, I also checked with UkBA website to see if they were sponsor for PSW. Their name was listed on the UKbA website. Even on my initial application I was given full points for the college and the degree by the case officer but only bank statement was only issue, this college authenticity issue raised later on after I already won the first appeal. Thanks. I hope you will rather give me clear idea regarding my future legal aspects.
Expert:  Senior Partner replied 4 years ago.
Well under the rules your stay will be extended pending the appeal so you remain here lawfully until it is decided. you cannot make another application until the appeal is decided but if you are here 10 years you could apply for Indefinite leave and effectively your appeal would be vacated for that application. However Indefinite leave is discretionary and takes account of your immigration history. it sounds from what you say as if your certificate was fraudulent as it was not issued by the place you undertook the course and that fact
can be taken into account in considering your application for indefinite leave . If your appeal is rejected and you stay on afterwards then you will be unlawful and the period will not count towards your 10 years. You have put yourself in a very difficult position by tendering a certificate that was not genuine.

Customer: replied 4 years ago.
Does this mean that after 10 years I have to withdraw the existing appeal in order to submit a new application for IlR. Is there any provision under Immigration law which allows me to include the IlR application within my existing appeal which should be considered alongside.
Expert:  Senior Partner replied 4 years ago.
yes if you achieve 10 years before the appeal is decided then you can apply to vary the grounds of appeal to include an application for ILR

you can find this in para 2.3.6 of the guidance issued to case officers see here:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter18/longresidence/Long_Residence_IDI-_final_d1.pdf?view=Binary
Customer: replied 4 years ago.
Ok thanks. Now I would like to ask you further in regards XXXXX XXXXX transition period.
1. Do I make the ILR application first and then I formally withdraw the existing appeal OR as soon as I make fresh application the existing appeal becomes invalid?
2. What happened to my legal status ? After making the fresh application and withdrawing the existing appeal am I intervening with my continuous legal stay? I mean to say in doing so will I keep my lawful stay or at any stage in this procedure may I become illegal?
3. Will my employer accept my new status in line with the law. I mean will I still be able to work after I make the new application?
4. Do I need to provide with any form of paper from each year starting from 2001 in order to prove my 10 years stay in UK? Thanks
Expert:  Senior Partner replied 4 years ago.
I think I have answered your original question. I am happy to answer supplemental questions after you have accepted so I get credit for my time
Senior Partner, Solicitor
Satisfied Customers: 13276
Experience: Solicitor
Senior Partner and other UK Immigration Law Specialists are ready to help you
Expert:  Senior Partner replied 4 years ago.
Can you let me know if your current visa allows you to take employment.

Pending your appeal you are entitle dot stay as you leave is automatically extended kif you current leave does not allow you to take employment the. You can't until your application is approved.

You do notnwithdraw your appeal if you get to 10 years. As I mentioned you apply to vary the grounds to include the claim to ILR it is in the material -I sent you the link for.

your passport should shownthr history of your residence and if you have a home office border agency ref no they should also have the details

Let me know if you have further queries
Customer: replied 4 years ago.
Thanks. Currently my status allowing me to take full-time employment asI have finished my study.
In my 10 years completion will I fill up a proper ILR form and with fee and other supplementary papers and send it to Home office or I send it to Tribunal to the existing file.
Expert:  Senior Partner replied 4 years ago.
I have never actually had this circumstance but according the procedure set out in the link I sent you, you submit the application to the Home Office and they link it to your appeal.If you do this this though I would also write to the tribunal
Customer: replied 4 years ago.
Ok. Thanks for your kind advise. I hope this will help me to have a clear idea for my ILR procedure although I will still involve a lawyer at that time. Will I be able ask you anymore question regarding my case in the future?
Expert:  Senior Partner replied 4 years ago.
Thats fine you can post new questions for me or add to this string and accept again
Customer: replied 4 years ago.
Hi it's me again. Sorry to bother you. Just wanted to ask could you please tell me that in my case will the decision for ILR application be decided in the Tribunal with the existing appeal or a case officer in Home Office will be making the decision. Thanks
Expert:  Senior Partner replied 4 years ago.
if it is as part of the amended appeal then the tribunal
Customer: replied 4 years ago.
Thanks.

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