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Immigration status while application was denied & appeal

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

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Tunay
Newbie
Posts: 37
Joined: Wed Aug 10, 2011 3:39 pm

Immigration status while application was denied & appeal

Post by Tunay » Thu Dec 08, 2011 9:35 am

Hi Guys,

My inital HSMP was granted in April 2007 and I applied for extension to Tier 1 in April 2009 but was refused in May 2009 and i appealed within the stipulated days and the appeal was successful in Nov. 2009. I should be qualify for ILR from April 2012

Question:
Have I broken 5 years continuous leave in UK because of the refusal and appeal gap?

zahid.ali.anwar
Member of Standing
Posts: 471
Joined: Mon Jan 19, 2009 7:04 am

Re: Immigration status while application was denied & ap

Post by zahid.ali.anwar » Thu Dec 08, 2011 11:07 am

Tunay wrote:Hi Guys,

My inital HSMP was granted in April 2007 and I applied for extension to Tier 1 in April 2009 but was refused in May 2009 and i appealed within the stipulated days and the appeal was successful in Nov. 2009. I should be qualify for ILR from April 2012

Question:
Have I broken 5 years continuous leave in UK because of the refusal and appeal gap?
You are qualified for ILR in April 2012. You have not broke your continous leave. This is by virtue of section 3D of Immigration act 1971. The link for this is as under;

Section 5 - Section 3C and 3D of the Immigration Act 1971

In case you still need to clearify anything, never hesitate to write.
The question is... to be or not to be....

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