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ILR 10 years route

Posted: Thu Jun 17, 2021 10:16 am
by Naz2012
Hi I have a question regarding long term residency. I came England in 2011as an student with my husband. I filled all my applications on time. In September 2016 my husband claimed asylum and we being asylum seekers. In 2017 home office refused the claim, then we did appeal against the decision and got refusal. Then we applied for the judicial review and they also refused it. By that time my daughter turn 7 years old and in further submission we got discretionary leave to remain in 2019.
My question is that can I apply for ILR on the base of long term residency?

Re: ILR 10 years route

Posted: Thu Jun 17, 2021 1:18 pm
by zimba
I would say no as time spent pursuing a JR does not count towards your lawful residence. This is the period of unlawful stay between exhausting your appeal rights and the date you were given discretionary leave again. This means that you have a break in your lawful residence which does not allow you to qualify under long residence