Asylum seeker Long residence clock

deejayb · Post by **deejayb** » Fri Mar 25, 2011 3:17 pm

Hi forum members, I am just trying to enquire when does an aylum seeker long residence clock stops. Is it when he receive the first refusal letter or when he exausted all appeal rights or when he recieve voluntary return letter or when he receive the removal order? Thanks

deejayb · Post by **deejayb** » Thu Sep 22, 2011 12:56 pm

i entered in UK in 2001 with a six months visa and i seek asylum 5 months before my leave expires. My legacy case was refused and further submision submitted that is still pending. It's now over ten years since I entered uk and since I seek asylum. How would I qualify for the 10 years rule because I have never been given removal direction to break the clock and I entered UK legally and then seek asylum. I need advise please

diggingdeep · Post by **diggingdeep** » Fri Sep 23, 2011 11:44 am

Your might have already been in legacy case. (all asylum cases before march 2007). Try to check with them before thinking of 10 years rule.

Google legacy cases for more information

deejayb · Post by **deejayb** » Sat Sep 24, 2011 10:24 am

I said on the original post that my legacy cas was refused but I still have a pending submission. Can you please advise me whether I could qualify onder the long residence rule base on my circumstance because no removal direction was given to me till now and i entered UK with a six months visa and applied for asylum before my six months expired. I have never been asked to report to sign either.

Post by **Lucapooka** » Sat Sep 24, 2011 10:52 am

If you have not been accepted into legacy and waiting for the outcome, then you are not in the UK with a legitimate leave. You can't apply for long residence after 10 years where some or all of that time is without legitimate leave to remain. I think you will have to wait for the 14 year threshold (having, at that time, been free from enforcement actions).

You might get better information if you post on a dedicated legacy forum.

deejayb · Post by **deejayb** » Sat Sep 24, 2011 11:06 am

i was on legacy and my case was refused but still have a pending further submission. CAAU are still working on my further submission. I have stayed as an asylum seeker all along since 2001 and my six months visa expired at the bigining of 2002

Post by **Lucapooka** » Sat Sep 24, 2011 11:31 am

I can't see how you qualify but as legacy is not my area of interest, there may be caselaw in support of your claim, so do continue to seek definitive answers to your problems (google a legacy forum as everyone there will be in your situation).

diggingdeep · Post by **diggingdeep** » Sat Sep 24, 2011 11:32 am

If they refuse at any point and you didn't appeal within the specified appeal time. It can stop clock. E.g. they refuse you today and you have 28 days to appeal and you appeal after 28 days.

They might consider you have break in your continous resident. But they can also apply their own discretion if that period is very long.

Check with competent solicitor for professional advice.

deejayb · Post by **deejayb** » Sat Sep 24, 2011 1:15 pm

Thanks guys for all your advise but if there is any more advise you can give to this i'll appreciate it. I was thinking if no removal direction was given then the clock doesn't stops. Thanks again

Post by **Greenie** » Sat Sep 24, 2011 2:52 pm

Time in the UK spent on 'temporary admission' whilst you have an outstanding asylum claim or whilst you have outstanding further submissions would not be treated lawful residence unless you were subsequently granted asylum or leave to remain. If at any point you became appeal rights exhausted then any potential lawful residence may be treated as broken. i therefore think it unlikely you would qualify under the 10 year long residence rule and also think its unlikely that you have not at some point had your clock stopped under the 14 year rule. I suggest you seek legal advice if you have not already done so.

Post by **Greenie** » Sat Sep 24, 2011 2:54 pm

deejayb wrote:Thanks guys for all your advise but if there is any more advise you can give to this i'll appreciate it. I was thinking if no removal direction was given then the clock doesn't stops. Thanks again

it is not just about removal directions. The long residence IDI sets out what stops the clock.

diggingdeep · Post by **diggingdeep** » Mon Sep 26, 2011 10:32 am

I think you need to apply for your SAR file. They keep all your immigration history there and you will know whether you have receive any notice/order which stop the clock.

I think you have better chance pushing for your further submission claim through CAAU. Because they grant people outside the immigration rules, e.g length of stay and compassionate circumstances, previous failed asylum seekers e.tc. So there are not rules set in stones.

That is just my opinion. Check with competent lawyer.

These are some of the things which stop the clock time spent in prison, but not suspended sentence, a notice of liability of removal, notice of intention of deport.

Any of these notice will stop the clock IS151A, IS151A Part 2, IS151B, IS151B (NSA) (used in NSA cases)

IS151B (CERT) (used where an asylum or Human Rights claim has been refused and certified under section 96 of the Nationality, Immigration and Asylum Act 2002).

deejayb · Post by **deejayb** » Wed Sep 28, 2011 12:06 am

Thanks for the information. i'll apply for the SAR file

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Asylum seeker Long residence clock

Asylum seeker Long residence clock