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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2105
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi I submitted Tier4 General application on 20th January

Resolved Question:

Hi

I submitted Tier4 General application on 20th January 2013, this application was pending with UKBA and I completed 10 years lawful residence in UK. So I submitted variation application for ILR on the basis of lawful residence on 17th March 2013. I have also enrolled my biometrics for ILR application on 3rd April 2013.

Now on 24th April 2013 UKBA has refused my Tier4 general application stating that I have spent more than 6 years on Tier4 or student and given me the right of appeal and retained my passport and other document.

Please guide me what should I do now as my ILR application is still under process with UKBA and I believe that my passport is still with Tier4 General department. What is the status of my ILR application, how can I get my ILR?

Also shall I appeal against Tier4 refusal or what should I do?

Regards

Rashid
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Do you have evidence that your ILR application was submitted prior to the home office making a decision on your application?

Kind regards
Customer: replied 1 year ago.
Yes the decision was made on Tier 4 application on 24th April 2013 while I submitted my ILR application on 17th march 2013 received an acknowledgement letter after a week and then followed by biometric letter on 3rd April 2013 which I enrolled biometric on the same day 3rd April. I have both proof ( acknowledgement letter and biometric letter.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

In that case what you need to do is appeal the decision to refuse your visa on the basis that you have already applied for indefinite leave to remain which was ignored by the home office. You need to state in your grounds of appeal that you have now accumulated 10 years legal residing the uk and would like the judge to make a decision on whether you should be granted indefinite leave to remain or not.

Please see following link :

http://www.google.co.uk/url?sa=t&rct=j&q=10 years long residence ukba&source=web&cd=1&sqi=2&ved=0CC4QFjAA&url=http://www.ukba.homeoffice.gov.uk/siteconte nt/documents/policyandlaw/modernised/other-categories/long-residence.pdf?view=Binary&ei=Jkl8Uc7VOIKwO965gfgJ&usg=AFQjCNFq3vRT-9_9qjw61X6sFSbXPZcgDQ&bvm=bv.45645796,d.d2k

You need to pay attention to page 26.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If you would like further clarification please DO NOT rate my answer negatively I will be happy to answer further question.

Kind regards
Customer: replied 1 year ago.
Thanks for your reply, the link u sent to me is not highlighted and I could not open it please send it again.Also is it neccesory to appeal the Tier4 application while ILR application is still under process with UKBA?What can hapen if we dont appeal Tier4 decision and only write to home office that transfer my passport to ILR department and process my ILR application as I applied for ILR before Tier4 decision was made?
Expert:  UK_Lawyer replied 1 year ago.
Why was your Tier 4 application refused?

Kind regards
Customer: replied 1 year ago.
Tier4 general application was refused on the grounds that I have already spent 6 years in the UK as Tier4 general student or as a student studying courses at degree level or above.

Now my question is that my ILR application is still pending and according to the long residence guidence page 26, I was entitled to apply for ILR. Shall I write to home office and provide them the evidence of acknowledgement letter & biometric letter of ILR application and request them to proceed with my ILR application OR shall I appeal against Tier4 application refusal.

What can happen if I do'nt appeal against Tier4 refusal and just write to home office to proceed with my ILR application.

Regards
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Well the fact is that you have to appeal the he decision. The fact is that your permission to remain in the uk was extended due to your application as a tier 4, your indefinite leave to remain application is connected to your Tier 4 appeal, because in your appeal you need to inform and he tribunal that you already have send an application to vary your application and the home office failed to consider it.

You need to state this in the grounds of appeal and include evidence of your variation application in the appeal as well. Therefore you should submit the appeal.

When they see the fact that you have already submitted an application for indefinite leave to remain and they have failed to vary it they may write to you asking you to withdraw the appeal so they can consider this application, or they might not, in that case you go ahead with the appeal and bring this to the attention of the tribunal and the home office.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2105
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for the advice, just one more question.

I will definately appeal against refusal of Tier4 with the same grounds u mentioned.
Shall I also write to home office that I have appealed against ur decision but if they entertain my ILR application & transfer my passport to ILR department I can withdraw the appeal?

Expert:  UK_Lawyer replied 1 year ago.
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