ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Indefinate leave to remain

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
jusade
Newly Registered
Posts: 3
Joined: Tue Sep 16, 2014 9:56 am

Indefinate leave to remain

Post by jusade » Tue Sep 16, 2014 10:31 am

Hello everyone, i urgently need your advice please.
I applied for my ILR in 2012 on the 14 years rule. I was granted a 2yrs limited leave to remain due to my DR conviction. I was refused my ILR because the Home office said they don't believe that my conviction has been spent.
Now the 2yrs is about to expire in a few weeks, my question is,

Should i apply for my ILR?

And also on what basis should i apply for my ILR?

Amber
Moderator
Posts: 17456
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: Indefinate leave to remain

Post by Amber » Wed Sep 17, 2014 5:34 pm

What does your leave say?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

jusade
Newly Registered
Posts: 3
Joined: Tue Sep 16, 2014 9:56 am

Re: Indefinate leave to remain

Post by jusade » Thu Sep 18, 2014 6:46 am

My leave says limited leave to remain

Amber
Moderator
Posts: 17456
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: Indefinate leave to remain

Post by Amber » Sat Sep 20, 2014 1:34 pm

You'll have to see if there is any transitional protection, if not, then you'll have to extend on FLR(O), assuming you were granted DLR before July 2012.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Indefinate leave to remain

Post by Obie » Sat Sep 20, 2014 5:11 pm

[b]Extension of stay on the ground of long residence in the United Kingdom[/b] wrote: 276A2. An extension of stay on the ground of long residence in the United Kingdom may be
granted for a period not exceeding 2 years provided that the Secretary of State is satisfied that
the requirement in paragraph 276A1 is met, and a person granted such an extension of stay
following an application made before 9 July 2012 will remain subject to the rules in force on 8
July 2012.
OP may have an arguable case that the highlighted area of 276A2 is applicable to his case, and provided the conviction is now spent within the UKBA guidance of 2 year, I believe, he may be able to apply for ILR.

Giving its purpose and content, i don't believe that provision was design to apply to long residence on a lawful capacity only.

It seems to be, that it was designed to incorporate circumstance similar to OP's.

Perhaps SET (O) may be appropriate.
Smooth seas do not make skilful sailors

Amber
Moderator
Posts: 17456
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: Indefinate leave to remain

Post by Amber » Mon Sep 22, 2014 6:17 am

Yes I was thinking that however, given it was unlawful long residence I was a bit apprehensive but worth a go. Thanks obie for that.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Indefinate leave to remain

Post by Obie » Mon Sep 22, 2014 9:57 am

I was thinking, Long Residence was classified into 2 categories in the rules in place on the 9th July 2012.

1. Continuous Residence of 14 Years.

2. Continuous lawful Residence 10 years.

The OP appeared to have obtained an extension under category 1 of long residence before 9th July 2012, therefore it may seems that the Transitional provision was designed to cover him.

If conviction is spent, then he may be able to obtain ILR on SET(O) , other wise he may be able to apply for a further 2years under the rules in place on the 9th July using FLR(O).
Smooth seas do not make skilful sailors

jusade
Newly Registered
Posts: 3
Joined: Tue Sep 16, 2014 9:56 am

Re: Indefinate leave to remain

Post by jusade » Wed Sep 24, 2014 3:01 pm

Thanks a million guys. I will be applying for ILR and hope for the best.

Psalm91
Newly Registered
Posts: 1
Joined: Tue Dec 02, 2014 9:40 pm

Re: Indefinate leave to remain

Post by Psalm91 » Mon Dec 22, 2014 3:00 pm

Help : i have an @peo end of this months , i have everything else except my english b1 certificate reason being my certificate came with a wrong spelling so i send it back for ammendment through my college 15 days ago and now i called cambridge they said my college ddnt send back my cert my centre is now clossed

Is it wise to just submitt photocopies that cert with wrong spelling

Locked
cron