seday
  • seday
  • 50.2% (Neutral)
  • Guest
14 years ago

Dear Ashimik,


I undertsand your situation but I must say that you have wasted your time appealing against a decision you yourself no was lawfully made.


As a result of this, you cannot lodge any application whilst you have an appeal pending with the Home Office. You must wait for the outcome first.


Following a decision, you can then proceed to lodge a settlement application outside of the Immigration rules SET (O) on the basis of 10 years lawful long residency.


I dont think you could apply for a SET (M) application on the basis of your marriage to yoru partner as I believe the marriage must consist for 2 years before an application for ILR is made.


I hope this helps. Just await the decision of the appeal and proceed thereon.


Regards,


Seda 

Sponsor

mishak19@hotmail.com.1330536374
14 years ago

Thank you Seda for your reply.


I have been in the Uk since 28.04.00 , in 30 days it is going to be 10 years.


my previous visa  expired on 30.11.09


Hearing of my appel at AIT   was on 10 March with negative outcome , so I have launched  re-appel still waiting for the result.


So I am not so sure what is the best way of action .

seday
  • seday
  • 50.2% (Neutral)
  • Guest
14 years ago

Dear Ashimik,


I'am upset to hear that your appeal was refused. However it is not a suprising outcome as you would also agree. When you speak of 're-appeal' do you mean Judical review at the High Court?


I presume you do. In this case there is nothing you could do at present I'm afraid you would have to wait for the outcome of the JR thats all.


Just to reassure you, whilst you have an application with the Home Office (the appeal) you cannot be removed from the country until a decision is made.


Im presuming you have a Solicitor acting on your case he/she would explain further. Hope that helps a little.


Kind Regards,


Seda 

mishak19@hotmail.com.1330536374
14 years ago
Hi ALL

I came to the UK on 28/04/2000,stayed here legally and continuously.I got married in November 2009 (with the permission from HO,certificate of approval ), my wife is Tier 1 visa holder.

By mistake I applyed for Dependant of Tier 1 from the UK(by law all depandants of Point Based System visa holders have to apply from their home country).Obviously I got refused, launched the appeal and at the moment still wating for the resolt.

Can I apply for ILR while awating a decision of an appeal ?

I was wondering if anyone knows what can be done in my situation? if there are any chances still apply for ILR and get it ?


Many thanks