10 yrs--can i apply and possible 5 month gap

[zinao]

My visa expired on the 15th of april as i was in the process f getting a student visa, which eventually was rejected and later refused on the 29th of june, 2011. i have asked for recondsieration for the home offce through my solicitirs but it got rejected and i am being put on the route of jr.

my 10yrs is due in two weeks.i know this sounds far fetched, if i apply what are the probabilities that i would be accepted even though i am in the beginning of jr proceedings.

[Aryan2013]

It all depends on your JR application, if you win, your legal status continues, if you lose, you are over stayer after 15th April.

Why your visa was rejected and why you lost your appeal as well(I am presuming, you lost your appeal).

Do you have private and family life in UK?

[zinao]

i did not get a right to appeal when i resbmitted.

my iinital application was rejected as invalid because i failed to tick one box.

i have private life in the uk as a majority of my siblings are here and they are all british. i currently live with 2 of them.

[Aryan2013]

It will be very hard to argue your Article 8 case but I think its worth a try.

Find a very very good solicitor or OISC advisor and prepare your case diligently.

[zinao]

if i reapply as a student i would have a five month gap. will ilr be possible under 10 yrs?
someone said ppl apply outside the rules. what is that?

secondly if you are refused do you need new biometrics even though you have already done it with the refusal application

[zinao]

hiya

here is the situation. had my hearing. the judge kept nagging about one period in my ten years. i went home in dec 2007 2days b4 my leave expired and applied for leave 2 weeks later entered the uk with fresh leave about 6 weeks later. she was stating that i might have created a gap of about about a month under the long concession rules. i thought there was a case in 2007 that covered this area. the examples of the 10yr long concession on the ukba site are not really clear. she asked my solicitor. he did not know. she said she will do her research.



was i covered for that period as i was outside the uk?

[vinny]

See also TT.

[zinao]

thanks vinny for replying. i know the ho revised their rules after that and stated there was a period where these new rules applied. the probs is that lady applied for her leave to enter b4 her previous expired and i waited 2 weeks b4 applying leave to enter.

[vinny]

A person is free from Immigration time restrictions when outside the UK (7.1). Analogously, you could argue that the long residence rules do not require a person to have leave when outside the UK.