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10 year long residence while on immigration bail

Posted: Thu Oct 01, 2020 12:10 pm
by inconito
Hi all, I need some guidance and advice please.

Story short, I 've been in the UK for 11 years (made of multiple LR on student visa + asylum application).
After running out option to renew my LR student visa and due to some political unrest back home, I submitted an asylum application to allow to remain in the UK. My initial asylum application was refused with right of appeal. However, I wasn't informed of the refusal and the right of appeal in time because my solicitor was away and by the time they returned, the deadline for appeal had lapsed. A few weeks later, I got arrested and detained awaiting deportation. A couple of months later, I'm granted immigration bail with condition to report and sign at the Home Office once every month. I've been on immigration bail for more than 1 year now.
As at this date I don't have any application lodged with the HO and I'm anxious :cry: to resume signing every month as before lockdown. As I don't have anything in the system can they detain me again?

Would I be to switch from failed asylum application to the 10 year long residence route? If so, should I just submit a fresh application to the HO or how should I proceed? Please help me out, what are my options? what should I do?

Many thanks in advance for your advice.

Re: 10 year long residence while on immigration bail

Posted: Thu Oct 01, 2020 1:05 pm
by CR001
You need 10 years lawful residence, i.e legal stay. As you have no application pending with HO, you don't have legal stay. You cant 'switch' anything, as you have no pending application.

Page 21 in link below.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Re: 10 year long residence while on immigration bail

Posted: Thu Oct 01, 2020 1:29 pm
by inconito
1st of all thank you for your reply.

isn't the bail a "kind of " limited leave to remain?
I've heard of something called variation of application or variation of immigration category , is it something I can use to submit any other category of application (not necessary ILR) that will allow me at least to be granted a legal stay in order to pursue the long residence route later ?

Re: 10 year long residence while on immigration bail

Posted: Thu Oct 01, 2020 1:36 pm
by vinny
Unfortunately, probably no.