Thank you for your application for indefinite leave to remain. Your
application has not been considered by the Secretary of State
personally, but by an official acting on their behalf.
We have considered your application and you do not qualify for
indefinite leave to remain. The reasons for this are set out in
Annex A to this letter.
What this means for you.
Your application for variation of your leave to remain has been
unsuccessful. However, you do not have to leave the UK as a
result of this decision.
We accept that you currently have a right to remain in the UK and
that your removal from the UK would involve an unlawful
interference with your human rights. Your human rights claim was
accepted on 26 October 2022, and you were granted leave to
remain until 29 April 2025. That leave remains in force, with any
conditions that were attached to it. Please see our letter of 26
October 2022 for details.
This decision does not involve a refusal of your human rights
claim as defined by section 113 of the Nationality, Immigration
and Asylum Act 2002 and consequently there is no right of appeal
against it.
The enclosed document sets out the reasons why your
application has been unsuccessful. If you wish to remain in the
UK after 29 April 2025, you must make a new application to do
so. The earliest you should apply is 28 days before that date.
Yours sincerely,
TC
Livset2
On behalf of the Secretary of State
The Data Protection Act 2018 governs how we use personal data.
For details of how we will use your personal information and who
we may share it with please see our Privacy Notice for the
Border, Immigration and Citizenship system at https://
www.gov.uk/government/publications/pers ... ation-use-
in-borders-immigration-and-citizenship. This also explains your
key rights under the Act, how you can access your personal
information and how to complain if you have concerns.
ANNEX A – REASONS FOR DECISION
Re: xxxxxx , Pakistan, xxx May 199x
Date of decision: 25 March 2024
Our ref: 1212-0001-3836-xxxx
Detailed consideration
We have considered all the evidence and information you have
provided as part of your application made on 3 January 2024.
Immigration History
On 17 August 2013 you entered the UK with leave to enter as a
Tier 1 Partner valid until 26 April 2014.
On 26 March 2014 you submitted an in time application for leave
to remain as a Tier 1 dependent partner. On 23 April 2014 you
were granted leave to remain valid until 23 April 2017.
On 21 April 2017 you submitted an in time application for leave to
remain as a Tier 1 dependent partner. On 26 July 2019 your
application was refused. On 26 September 2019 you requested
an administrative review. On 1 November 2019 the administrative
review was completed and our original decision was maintained.
On 12 November 2019 you submitted an out of time application
for leave to remain as a Tier 1 dependent partner. On 19
February 2020 your application was rejected. On 2 March 2020
you requested an administrative review. On 15 April 2020 we
advised that your application had been rejected in error and to
submit a new application to reinstate your application.
On 12 November 2019 you submitted an in time application for
leave to remain as a Tier 1 dependent partner. On 4 September
2020 you were granted leave to remain valid until 4 September
2022.
Please note that the above application was submitted on 16 April
2020 but as you were advised in our correspondence of 15 April
2020 that your date of submission would be treated as 12
November 2019 as your previous application was rejected in
error.
On 1 September 2022 you submitted an in time application for
leave to remain as a spouse. On 26 October 2022 you were
granted leave to remain valid until 29 April 2025.
On 3 January 2024 you submitted an in time application for
Indefinite Leave to Remain on the basis of 10 years long
residency.
Reasons you do not qualify for a grant of
indefinite leave to remain
On 3 January 2024 you made an application for indefinite leave to
remain on the basis of meeting the requirements of paragraph
276B of the Immigration Rules and on the basis of your family
and private life in the United Kingdom under the Immigration
Rules.
Your application has been considered under the Immigration
Rules, including the partner and private life rules and the basis of
exceptional circumstances, which can be viewed on gov.uk at the
following address: www.gov.uk/government/collections/
immigration-rules
Your application has been considered on the basis of your long
residence under Paragraph 276B of the Immigration Rules.
Paragraph 276B
276B. The requirements to be met by an applicant for indefinite
leave to remain on the ground of long residence in the United
Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in
the United Kingdom.
(ii) having regard to the public interest there are no reasons why it
would be undesirable for him to be given indefinite leave to
remain on the ground of long residence, taking into account his:
(a) age; and
(b) strength of connections in the United Kingdom; and
(c) personal history, including character, conduct, associations
and employment record; and
(d) domestic circumstances; and
(e) compassionate circumstances; and
(f) any representations received on the person’s behalf; and
(iii) the applicant does not fall for refusal under the general
grounds for refusal.
(iv) the applicant has demonstrated sufficient knowledge of the
English language and sufficient knowledge about life in the United
Kingdom, in accordance with Appendix KoLL.
(v) the applicant must not be in the UK in breach of immigration
laws, except that, where paragraph 39E of these Rules applies,
any current period of overstaying will be disregarded. Any
previous period of overstaying between periods of leave will also
be disregarded where –
(a) the previous application was made before 24 November 2016
and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November
2016 and paragraph 39E of these Rules applied.
Paragraph 39E of the Immigration Rules
states:
39E. This paragraph applies where:
1. 2. 3. 4. 5. 6. 7. 8. (1) the application was made within 14 days of the applicant’s
leave expiring and the Secretary of State considers that there
was a good reason beyond the control of the applicant or their
representative, provided in or with the application, why the
application could not be made in-time; or
(2) the application was made:
(a) following the refusal or rejection of a previous application
for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal or rejection of the previous application for leave;
or
(ii) the expiry of any leave extended by section 3C of the
Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application
for administrative review or appeal in relation to the previous
application (where applicable); or
(iv) any such administrative review or appeal being concluded,
withdrawn, abandoned or lapsing;
276A. For the purposes of paragraphs
276B to 276D
(a) “continuous residence” means residence in the United
Kingdom for an unbroken period, and for these purposes a period
shall not be considered to have been broken where an applicant
is absent from the United Kingdom for a period of 6 months or
less at any one time, provided that the applicant in question has
existing limited leave to enter or remain upon their departure and
return, but shall be considered to have been broken if the
applicant:
(i) has been removed under Schedule 2 of the 1971 Act, section
10 of the 1999 Act, has been deported or has left the United
Kingdom having been refused leave to enter or remain here; or
(ii) has left the United Kingdom and, on doing so, evidenced a
clear intention not to return; or
(iii) left the United Kingdom in circumstances in which he could
have had no reasonable expectation at the time of leaving that he
would lawfully be able to return; or
(iv) has been convicted of an offence and was sentenced to a
period of imprisonment or was directed to be detained in an
institution other than a prison (including, in particular, a hospital or
an institution for young offenders), provided that the sentence in
question was not a suspended sentence; or
(v) has spent a total of more than 18 months absent from the
United Kingdom during the period in question.
(b) “lawful residence” means residence which is continuous
residence pursuant to:
(i) existing leave to enter or remain, except this cannot include
time with entry clearance or permission under Appendix V: Visitor,
Appendix Short-term Student (English language), or Appendix
Temporary work – Seasonal Worker; or
(ii) an exemption from immigration control, including where an
exemption ceases to apply if it is immediately followed by a grant
of leave to enter or remain.
(c) “lawful residence” does not include time spent on immigration
bail (including time spent with temporary admission and
temporary release)
Section 3c
The purpose of section 3C leave is to prevent a person who
makes an in-time application to extend their leave from becoming
an overstayer while they are awaiting a decision on that
application and while any appeal or administrative review they are
entitled to is pending.
Home Office Published guidance on Leave extended by section
3c states:
When section 3C applies
This section explains when a person’s leave is extended by
section 3C of the Immigration Act 1971. Pending decision on
application
A person will have section 3C leave if:
• they have limited leave to enter or remain in the UK
• they apply to the Secretary of State for variation of that leave
• the application for variation is made before the leave expires
• the leave expires without the application for variation having
been decided
• the application for variation is neither decided nor withdrawn
Consequently, where an application is submitted or attempted to
be submitted after the expiry of a period of lawful leave, it is
deemed to be “out of time” and does not engage section 3C.
Consideration has been given to your immigration history listed
above and all evidence submitted along with your application
dated 3 January 2024.
We are satisfied that you have held lawful leave from your entry
into the UK on 17 August 2013 until 1 November 2019 when your
administrative review was completed which is a period of 6 years,
2 months and 15 days and from 4 September 2020 when you
were granted leave to remain until date of consideration which is
a period of 3 years, 6 months and 21 days. These two periods
once combined are a total period of continuous leave of 9 years,
9 months and 6 days.
Therefore it is considered that you have completed two periods of
continuous lawful leave, neither of which have been for a period
of at least 10 years, or once combined are for a period of at least
10 years. Therefore, as you have not completed 10 years
continuous lawful leave in the UK, you are unable to meet
paragraph 276B(i)(a) of these Rules.
This is supported by the caselaw in Afzal v SSHD [2021] EWCA
Civ 1909 which confirms that periods of overstaying which are
disregarded in line with paragraph 39E should not be counted
towards the required 10-year period of continuous lawful
residence.
For the reasons outlined above, your application for indefinite
leave to remain on the grounds of long residence is refused as
you have failed to meet the requirements of the Immigration
Rules under Paragraph 276D with reference to Paragraphs
276B(i)(a) of the Immigration Rules
A consideration has been given to whether your circumstances
are exceptional or significantly compelling to warrant discretion
being exercised in your favour to grant you settlement on an
exceptional basis.
You are currently on a route to settlement on the basis of a
spouse for which you currently have extant leave remaining until
29 April 2025.
In line with Section 55 of the Borders, Citizenship, and
Immigration Act 2009, you can legitimately remain in the UK
following refusal of this application without any adverse effects to
your children’s welfare given you have extant leave to remain.
It has not been evidenced that your circumstances are so
exceptional to warrant you being issued settlement at this time
rather than satisfying the above requirements under the rules or
to be issued settlement prematurely rather than progressing
through the probationary period of your current leave category.
It is not deemed refusal of this application negatively affects your
ability to remain in the UK.
Please note, you are not required to leave the UK as a result of
this decision as
you have valid leave to remain valid until 29 April 2025.
Should you wish to remain in the UK after this date you should
make an appropriate charged application to do so. The earliest
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