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10 years long Residence

Posted: Sat Feb 01, 2020 1:56 am
by Huntsgale19
Dear All,
I’ve found this page very helpful. I’ve got a question about my ten years long residency is continue or is it broken?

I came here as student in Nov 2010 till March 2012.
Applied in time leave to remain as student leave was granted till July 2014 but visa was curtailed due to my college revoked in Jan 2013 and issued 60 days letter to reapply or leave the country.

Submit my application again in sixty days time period as student were granted till Nov 2014.

Before my visa expired I’ve submitted application as FLR O as I couldn’t get admission in Nov session which got refused in Feb 2015 with right of appeal. I appealed in FTT then into UPPER tribunal appeal got exhausted in Feb 2017 and given 14 days time to leave the country also put me on reporting at local police station once a month.
I managed to get married in 14 days time and submit a fresh application FLR M on the basis of spouse British citizen. I’ve been interviewed by Home office at Lunar house because of ETS Toeic I’ve submitted with my student visa application but leave was granted after 9 months Of applied on five years Route which I’m currently on And my extension is due in April 2020.


Just wondering is my 3c continue or has broken? Is it possible if apply my ILR when my 10 years completed
Thanks for your time and looking forward for your valuable advice.

Re: 10 years long Residence

Posted: Sat Feb 01, 2020 11:23 am
by Amber
Section 3C will also not act to extend your leave if your appeal rights become exhausted, or your administrative review is unsuccessful but you make an application within 14 days, although paragraph 39E below might apply.

Paragraph 39E is an exception for overstayers, who want to make an application within the Rules. Many categories in the Immigration Rules require that you not currently be in breach of immigration laws, unless paragraph 39E applies.

Paragraph 39E is helpful, as it may be worth considering after your section 3C leave comes to an end whether you wish to make a fresh application relying on this provision.

As you did, you should be ok.