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ILR FOR OVERSTAYER

General UK immigration & work permits; don't post job search or family related topics!

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

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raju0302
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ILR FOR OVERSTAYER

Post by raju0302 » Tue May 03, 2016 5:45 pm

hi, im living in uk for 9 years 7months now. Recently my FLR O visa refused with no right of appeal which was a variation from FLR FP. I made another FLR O within 28 days of refusal. Do I have any chance to get ILR as I am a overstayer.
My history as follows,
enter-06 oct 2006 until dec 2009
extension 2010-2011 under bachelor degree
PSW VISA 2011-2013
extension 2013-2015 under MBA
MAY 2015 FLR FP
VARIED JAN 2016 WITH FLR O
REFUSED 26 FEB 2016
APPLIED FLR O 24 MAR 2016

UKBA SEND DVLA TO CANCEL MY DRIVING LICENSE AS IM NOT LAWFULLY RESIDENCE IN THE UK. I AM SO CONFUSED AS MY SOLICITOR SAID MY ILR WILL BE REFUSED AS IM GOING TO OVERSTAY 5 MONTHS.
PLS HELP
RAJ

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Casa
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Re: ILR FOR OVERSTAYER

Post by Casa » Tue May 03, 2016 5:57 pm

An attempt to extend using FLR(FP) to reach your 10 year long residence by any chance? :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

geriatrix
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Re: ILR FOR OVERSTAYER

Post by geriatrix » Tue May 03, 2016 6:35 pm

Overstay of more than 28 days resets your ILR clock.
With the sketchy details mentioned, it is not possible to figure out if you are (and when did you become) an overstayer.
Life isn't fair, but you can be!

raju0302
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Joined: Tue May 03, 2016 5:22 pm

Re: ILR FOR OVERSTAYER

Post by raju0302 » Tue May 03, 2016 6:56 pm

THANX FOR THE REPLAYS..

I WILL TRY TO VARY THE FLR O TO FLR FP AND HOPE FOR THE BEST. HOWEVER, FEW SOLICITORS SAID IM GONNA BE STILL AN OVERSTAYER. I APPLIED WITHIN 28 DAYS AS I DON'T WANT TO BE AN OVERSTAYER BUT ITS LOOKS LIKE I AM FORCED TO BECOME OVERSTAYER AS I HAVE NO APPEAL RIGHT OR JR. I PASSED MY LIFE IN THE UK FEW DAYS AGO BUT IM NOT SURE ITS WORTH ANYTHING..SO CONFUSED
IS THERE ANY CHANCE?
IS THERE ANY EXAMPLE OF CASES LIKE ME? WHERE SOMEONE GOT ILR AFTER BEING OVERSTAY

geriatrix
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Re: ILR FOR OVERSTAYER

Post by geriatrix » Tue May 03, 2016 7:01 pm

Please don't shout.
Life isn't fair, but you can be!

secret.simon
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Re: ILR FOR OVERSTAYER

Post by secret.simon » Tue May 03, 2016 7:21 pm

raju0302 wrote:HOWEVER, FEW SOLICITORS SAID IM GONNA BE STILL AN OVERSTAYER. I APPLIED WITHIN 28 DAYS AS I DON'T WANT TO BE AN OVERSTAYER BUT ITS LOOKS LIKE I AM FORCED TO BECOME OVERSTAYER AS I HAVE NO APPEAL RIGHT OR JR.
They are correct. You are an overstayer if you are in the UK without a valid leave to remain. However, for the purposes of immigration applications, overstay of less then 28 days is generally ignored.

However, it is entirely possible for the overstay to be taken into account when it comes to your naturalisation application. That is under different rules and different laws and they can insist that you are not eligible for naturalisation for 10 years from the end of your overstay.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ohara
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Re: ILR FOR OVERSTAYER

Post by ohara » Tue May 03, 2016 10:49 pm

raju0302 wrote:LOOKS LIKE I AM FORCED TO BECOME OVERSTAYER
How? :?

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