Do I qualify for 10 long residence ILR application ?
Posted: Sat Mar 05, 2022 8:00 pm
Hi everyone:
My name is GO . I am Pakistani Citizen. I want to know do I qualify for 10 long residence ILR application.
IMMIGRATION HISTORY.
I got married 16-10-2011. I applied for my first visa Tier 1 General Partner in Islamabad, Pakistan as dependent of my Husband. This visa was granted from 15/11/2011 to 26/01/2013.
I came to United Kingdom on 03/12/2011 at Heathrow Airport Terminal 3 on Pakistan International Airline.
I further applied for leave to remain as a Dependent of my Husband on 15/01/2013. The leave was granted on 07/02/2013 till 07/02/2016.
Me and my Husband applied for ILR ( 5 year Tier 1 route) on 30/12/2015 through a premium service Solihull Birmingham (one day service). The application was put on hold.
The application was refused on 05/05/2016, with the right of Admin review. We did our admin review within a specified time. 14 days.
The admin review decision letter was received on 25/06/2016. The decision letter maintained the decision of refusal.
As I never wanted to Stay in United Kingdom illegally and break any immigration rules and law.
I made FLR O application on 14/07/2016. Within 28 days of refusal of admin review, using 28 day rule. My husband and my son were my dependents on this application.
On 04/10/2016 my husband varied his application to 10 year ILR Long Residence route. Leaving me and my son on FLR O application.
I did my Biometric of FLR O application on 14/01/2017.
My FLR O application was refused 22/12/2017. Refusal letter said: your Claim has been certified as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002. I was told to leave UK and do appeal from Pakistan.
I did JR/2251/2018.
My Husband ILR Long Residence application was refused on 09/02/2018, with the right of appeal. Appeal.
My JR hearing on 29/10/2018 Permission was granted at OPH in court room. The Judges (3 in number) finding were that we should not have Certified this case because the applicants husband had an outstanding appeal.
My Husband appeal was allowed on 14/02/2019 and more specifically that it was found that the previous refusal of the 5 year ILR on grounds of s322(5) were unlawful, I was part of that application.
In paragraph 29 of decision judge says (as quoted):
''I also find that paragraph 322(5) was also wrongly applied in the refusal decision 05/05/16 (the same discrepancy was relied upon for that refusal) in relation to his application for Tier 1 leave made on 30/12/15''.
In paragraph 30 of decision judge says:
'' Having considered all of the evidence I am satisfied that paragraph 322(5) was wrongly applied and that the appellant was wrongly deprived of further leave to remain in his application made on 30/12/15 and that he ought to have been granted ILR following 10 years of lawful residence in the UK. Paragraph 322(5) should not have been applied to his previous application and overall there are no public interest factors as to why it would have been undesirable to grant him leave or why it would be undesirable to grant him ILR taking into account the factors in paragraph 276(ii).
After this decision my husband got his ILR settlement on 30/4/2019. I should also have been granted ILR settlement status( as I was part of that application) same time as 5 year ILR on grounds of s322(5) were unlawful.
I complained to my MP. About unfair behaviour of UKV&I.
09/19/2019 I got email from my MP:
Dear Ms
Thank you again for contacting Nigel regarding your visa application.
As you know, Nigel contacted the Home Office to raise your concerns. He has now received the response below.
I believe this clarifies what has happened since your husband’s visa has been approved and I note that a further decision on your application has been made 2 days ago.
You should be notified shortly as to what that decision is. I do hope that the news is positive and I am reassured that the Home Office have investigated your case thoroughly.
Thank you again for contacting Nigel about this.
Best wishes,
House of Commons, London, SW1A 0AA
Thank you for your email correspondence of 24 September on behalf of Ms GO, about her immigration matter.
On 14 July 2016, Ms GO applied for Leave to Remain (LTR) under the Family and Private Life ten year route. There is no service standard for concluding LTR applications under the Family and Private Life route as they can be very complex, relying on the European Convention on Human Rights. Furthermore, it should also be noted that Ms GO spouse, Mr MO, applied for Indefinite Leave to Remain (ILR) under the Long Residency Route. This route to ILR is an individual application so Ms GO was not a dependent on MO application. As such, the outcome of MO ILR application would not immediately impact the consideration or outcome of Ms GO LTR application.
On 22 December 2017, Ms XXX application for LTR was refused. However, following a reconsideration of the outcome, a further decision was made on Ms GO application on 7 October 2019. Ms GO will be contacted shortly with regard to the decision and the next steps.
On 07/10/2019 I was granted leave to remain, which is ending on 07/04/2022.
Now I want to apply for ILR ?
My name is GO . I am Pakistani Citizen. I want to know do I qualify for 10 long residence ILR application.
IMMIGRATION HISTORY.
I got married 16-10-2011. I applied for my first visa Tier 1 General Partner in Islamabad, Pakistan as dependent of my Husband. This visa was granted from 15/11/2011 to 26/01/2013.
I came to United Kingdom on 03/12/2011 at Heathrow Airport Terminal 3 on Pakistan International Airline.
I further applied for leave to remain as a Dependent of my Husband on 15/01/2013. The leave was granted on 07/02/2013 till 07/02/2016.
Me and my Husband applied for ILR ( 5 year Tier 1 route) on 30/12/2015 through a premium service Solihull Birmingham (one day service). The application was put on hold.
The application was refused on 05/05/2016, with the right of Admin review. We did our admin review within a specified time. 14 days.
The admin review decision letter was received on 25/06/2016. The decision letter maintained the decision of refusal.
As I never wanted to Stay in United Kingdom illegally and break any immigration rules and law.
I made FLR O application on 14/07/2016. Within 28 days of refusal of admin review, using 28 day rule. My husband and my son were my dependents on this application.
On 04/10/2016 my husband varied his application to 10 year ILR Long Residence route. Leaving me and my son on FLR O application.
I did my Biometric of FLR O application on 14/01/2017.
My FLR O application was refused 22/12/2017. Refusal letter said: your Claim has been certified as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002. I was told to leave UK and do appeal from Pakistan.
I did JR/2251/2018.
My Husband ILR Long Residence application was refused on 09/02/2018, with the right of appeal. Appeal.
My JR hearing on 29/10/2018 Permission was granted at OPH in court room. The Judges (3 in number) finding were that we should not have Certified this case because the applicants husband had an outstanding appeal.
My Husband appeal was allowed on 14/02/2019 and more specifically that it was found that the previous refusal of the 5 year ILR on grounds of s322(5) were unlawful, I was part of that application.
In paragraph 29 of decision judge says (as quoted):
''I also find that paragraph 322(5) was also wrongly applied in the refusal decision 05/05/16 (the same discrepancy was relied upon for that refusal) in relation to his application for Tier 1 leave made on 30/12/15''.
In paragraph 30 of decision judge says:
'' Having considered all of the evidence I am satisfied that paragraph 322(5) was wrongly applied and that the appellant was wrongly deprived of further leave to remain in his application made on 30/12/15 and that he ought to have been granted ILR following 10 years of lawful residence in the UK. Paragraph 322(5) should not have been applied to his previous application and overall there are no public interest factors as to why it would have been undesirable to grant him leave or why it would be undesirable to grant him ILR taking into account the factors in paragraph 276(ii).
After this decision my husband got his ILR settlement on 30/4/2019. I should also have been granted ILR settlement status( as I was part of that application) same time as 5 year ILR on grounds of s322(5) were unlawful.
I complained to my MP. About unfair behaviour of UKV&I.
09/19/2019 I got email from my MP:
Dear Ms
Thank you again for contacting Nigel regarding your visa application.
As you know, Nigel contacted the Home Office to raise your concerns. He has now received the response below.
I believe this clarifies what has happened since your husband’s visa has been approved and I note that a further decision on your application has been made 2 days ago.
You should be notified shortly as to what that decision is. I do hope that the news is positive and I am reassured that the Home Office have investigated your case thoroughly.
Thank you again for contacting Nigel about this.
Best wishes,
House of Commons, London, SW1A 0AA
Thank you for your email correspondence of 24 September on behalf of Ms GO, about her immigration matter.
On 14 July 2016, Ms GO applied for Leave to Remain (LTR) under the Family and Private Life ten year route. There is no service standard for concluding LTR applications under the Family and Private Life route as they can be very complex, relying on the European Convention on Human Rights. Furthermore, it should also be noted that Ms GO spouse, Mr MO, applied for Indefinite Leave to Remain (ILR) under the Long Residency Route. This route to ILR is an individual application so Ms GO was not a dependent on MO application. As such, the outcome of MO ILR application would not immediately impact the consideration or outcome of Ms GO LTR application.
On 22 December 2017, Ms XXX application for LTR was refused. However, following a reconsideration of the outcome, a further decision was made on Ms GO application on 7 October 2019. Ms GO will be contacted shortly with regard to the decision and the next steps.
On 07/10/2019 I was granted leave to remain, which is ending on 07/04/2022.
Now I want to apply for ILR ?