14 Year Ilr Continuous Long Residence Eligibility confusion

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14 Year Ilr Continuous Long Residence Eligibility confusion

Postby zagoo2000 » Sun Jul 01, 2012 4:39 pm

Background Status:
-Initially Student Visa was given: Mar 1998 -Nov 2006
-Student Visa extension application made Nov 2006 and refused in Jan 2007.
-Currently Discretionary Leave given: Feb 2010-Feb 2013

Now, I'm applying for 14 year ILR before the 9th July. I have got 2 major concerns which are making me stressed out.

concern 1:
-the letter sent to me at the end stated: "you have no right to stay in the united kingdom so are liable to be removed. you must leave as soon as possible. if you do not leave voluntarily, you may be prosecuted for an offence under the immigration act 1971, the penalty for which is fine upto £2500 and/or up to 6 months imprisonment and you will also be liable to be removed from the united kingdom"

question: when my student extension was refused i was given no appeal right. would the above situation (or anything similar im unaware of) breaks my eligibility to apply for ILR? is it the samething as being mentioned below? or is it serious scenario than what i have got on my letter? please advise.

I have outlined below some of the rules from the UKBA Long residence guidelines which are making me really confused.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

\\page 4 of 52
Eligibility requirements:
-14 years continuous residence of any legality excluding any period spent in the UK following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act,

\\page 8 of 52
Requirements for long residence:
-14 years continuous residence in the UK excluding any period spent in the UK following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999, or of a notice of intention to deport them from the UK.

\\page 14 of 52
The service of any of the following three notices to an applicant ends their continuous residence:
-a notice of liability to removal
-a decision to remove by the way of directions under paragraphs 8 to 10A, or 12 to 14, of schedule 2 to the Immigration Act 1971, or section 10 of the Immigration and Asylum Act 1999, or
-a notice of intention to deport. This is also known as a notice of a decision to make deportation order.

concern 2: I hope the above situation will not be a problem and i get the visa as im hoping. but in case (God forbid) something happens....

question: will i still be able to apply for DLR extension when it expires early next year?
zagoo2000
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Posts: 69
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14 Year Ilr Continuous Long Residence Eligibility confusion

Postby zagoo2000 » Mon Jul 02, 2012 6:38 pm

I went to see a lawyer today. I showed him my 'Notice of Decision' from the UKBA. He looked at the first line ".... united kingdom so are liable to be removed." and spent the whole time talking about it. He thinks the chances are 50-50. I may end up loosing the £2500 he is asking for and my visa my get refused because of i was liable to be removed.

-Am i really not eligible to apply for 14 years ILR?
-Is it really the liable to remove notice/removal instructions/or notice of intention to deport?

He hasn't given a positive response at all and made me more stressed out. Could someone please advise me urgently on that?

Many thanks.
zagoo2000
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Posts: 69
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Postby rajauk » Tue Jul 03, 2012 8:46 am

I would say unless you have a lot of cash. Don't bother applying as if you were issued with a notice, your clock stopped from that day. I think the chances are very low you'll be given ILR under the 14 year rule. Your lawyer plus home office fee of around £3500 are likely to go to waste.
You already have legal status in this country through your DLR. It pretty much gives you all the rights of a permanent resident. Just go for another extention next year. After six years on DLR, you'll get your ILR.
Raja
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Postby zagoo2000 » Tue Jul 03, 2012 9:17 am

rajauk wrote:I would say unless you have a lot of cash. Don't bother applying as if you were issued with a notice, your clock stopped from that day. I think the chances are very low you'll be given ILR under the 14 year rule. Your lawyer plus home office fee of around £3500 are likely to go to waste.
You already have legal status in this country through your DLR. It pretty much gives you all the rights of a permanent resident. Just go for another extention next year. After six years on DLR, you'll get your ILR.
Raja


Thanks rajauk for replying. But really what is this 'notice' that i was issued? that i should not apply and clock is stopped! Would you know of any notice that i should have been served (after refusal decision) that makes the clock officially stop!
zagoo2000
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Joined: Tue Dec 20, 2011 12:14 pm

Postby asim72 » Tue Jul 03, 2012 10:05 am

Your solicitor was wrong to say that you have 50:50 chances.

As far as "stop the clock " rule is concerned, either you chances are 100 percent or zero percent, based on the fact if you were issued with a notice that stops the clock, or not

Now best way is to look at all the home office paperwork very carefully that you received from home office with and after your Jan 2007 refusal, up until you were given DLR. If any of the document has following numbers mentioned then it means your clock was stopped.

IS151A
IS151A Part 2
IS151B and variations on this form
Notice of intention to deport ICD.1070
ICD.1071
ICD.1072
ICD.1075
ICD.1076.

The best way would have been to establish if you qualify or not would be to get a SAR. But it is too late for SAR application, as from 9th of July you cannot apply under 14 years rule.
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Postby zagoo2000 » Tue Jul 03, 2012 11:33 am

asim72 wrote:Your solicitor was wrong to say that you have 50:50 chances.

As far as "stop the clock " rule is concerned, either you chances are 100 percent or zero percent, based on the fact if you were issued with a notice that stops the clock, or not

Now best way is to look at all the home office paperwork very carefully that you received from home office with and after your Jan 2007 refusal, up until you were given DLR. If any of the document has following numbers mentioned then it means your clock was stopped.

IS151A
IS151A Part 2
IS151B and variations on this form
Notice of intention to deport ICD.1070
ICD.1071
ICD.1072
ICD.1075
ICD.1076.

The best way would have been to establish if you qualify or not would be to get a SAR. But it is too late for SAR application, as from 9th of July you cannot apply under 14 years rule.


Thanks so much asim72. You have answered what i was actually searching for few weeks. I did not received any of the above documents you have mentioned.

Briefly:
-nov 2006 I applied my student visa extension
-dec 2006 letter from ukba, that application is passed a casework unit
-1 jan 2007 i was asked to send more documents
-31 jan 2007 visa refused, no appeal right was given
-mar 2007 requested to review against the decision
-apr 2007 ukba replied to my lawyer as follows:
----------
"Your client's application has been refused for the reasons set out in the enclosed notices.

The notices inform your client of whether there is a right of appeal and, if so, how this may be exercised, and sets out any time limit for an appeal to be made. The notices also explain whether and when he is required to leave the United Kingdom."
----------
-sent re-review after sometime by the lawyers/MP
- finally jul 2008 my dlr application was submitted by another lawyer
-aug 2008 ukba replied that its passed to a casework unit
-sep 2008 my dlr application was accepted
-dec 2009 asked for further documents
-feb 2010 dlr granted for 3 years

During all that time. I did not receive any of the IS151 forms.
zagoo2000
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Posts: 69
Joined: Tue Dec 20, 2011 12:14 pm


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