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10 year ILR - 2 weeks short

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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djmx
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10 year ILR - 2 weeks short

Post by djmx » Mon Nov 11, 2013 1:25 am

Hi, I am approaching 10 years of legal stay in the UK, but my current visa ( study visa ) ends 2 weeks before I have been here for 10 years. How can I get a visa for those two weeks so I can complete 10 years and get my ILR?

Thankyou

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Post by sheraz7 » Mon Nov 11, 2013 1:47 am

You can apply ILR, 28 days before of completing 10 years.
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Post by vinny » Mon Nov 11, 2013 1:47 am

You may apply for ILR up to 28 days before the completion of your qualifying period and before your leave expires.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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djmx
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Post by djmx » Mon Nov 11, 2013 8:11 am

thankyou both. I know I can apply 28 days before, however would my application successful as I will only have visas for a total of 9 years and 50 weeks ? Could they reject me on the grounds that this is not 10years?

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Post by vinny » Mon Nov 11, 2013 8:15 am

No. If you make an in-time valid application, then leave is extended under Section 3C/3D.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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djmx
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Post by djmx » Mon Nov 11, 2013 8:43 am

I understand that If I make an application my leave is extended. So if I apply 28 days before I make 10years, so 1 week before my visa runs out, my visa will be extended until the response. However this leaves a duration of 27 days for the visa to be rejected. If this happened I would have amassed up to 9 years and 364 days, which seems pedantic but the law is the law unfortunately.

I was unable to decipher the links you added to your last comment. Do they state anything which prevents this situation?

Tankyou

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Post by vinny » Mon Nov 11, 2013 10:50 am

Their Guidance permits you to apply for ILR up to 28 days prior to the completion of your qualifying period for ILR. There is no requirement to have leave after an in-time valid application.

Moreover, if you qualify on the date of the decision of a valid in-time application (even when you apply too early), then under caselaw, you should also succeed.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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Post by djmx » Mon Nov 11, 2013 2:30 pm

thanks again for your help, it's much appreciated. However the area I am still unclear on is how I can have an eligible application. The law sates that after 10 years legal stay you can apply for ILR. However my big problem is that after 9 years and 50 weeks my visas have all ended. Hence I don't have 10 years. Therefore in the eyes of the law is my application not valid? I would still need another 2 week visa, or for the application process to extend into those two weeks, which by rights would give me the full 10 years?

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Post by Amber » Mon Nov 11, 2013 2:32 pm

It has been explained to you clearly above that you do not have to have a full 10 year period. You can apply from 28 days before you complete 10 years. It's not difficult to comprehend.
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Post by Damanisshallo » Mon Nov 11, 2013 2:43 pm

I hope this clears your confusion.
Long Residence @ Early Applications wrote:Applications received 28 days or less before the required qualifying period is completed
You can grant if an application if it is received 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.
Settlement operational policy @ Whatdotheyknow.com wrote:We are unable to offer advice on individual cases, but can confirm that where an applicant has had a shortfall in their leave up to the end of the continuous period for ILR, it is not always necessary for applicants in such circumstances to make an application for a further extension of leave, as applicants can submit an application for settlement in the 28 days before the end of the qualifying period. They must not apply earlier than 28 days before the end of the qualifying period, and provided that they still have extant leave on the date of application, the shortfall will not be a consideration. Please see below example which may help to explain:

Mr A granted initial leave from 23/03/2009 to 23/03/2011
granted FLR at a PEO from 03/03/2011 to 03/03/2014 = 20 day shortfall up to end of 5 year continuous period

Mr A would be able to apply for ILR would between 24/02/14 and 03/03/14, as this is within 28 days of the end of the continuous period, and he would still have 8 days extant leave.
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djmx
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Post by djmx » Mon Nov 11, 2013 3:25 pm

Apologies D4109125 but it was not entirely clear as applying before you complete 10 years is insinuating that you have the right to complete the 10 years but are applying beforehand - which was not teh situation here.

Damanisshallo that you very much for your exact response, and the link you have provided is exactly what I required. Thankyou

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Post by vinny » Mon Nov 11, 2013 11:16 pm

Thank you, Amber and Damanisshallo!

I sometimes forget that members may not realise that my answers contain links, giving more details.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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Post by UKBA HUNTER » Tue Nov 12, 2013 4:09 am

vinny wrote:
I sometimes forget that members may not realise that my answers contain links, giving more details.
I agree with you. your every post contain very solid/related links and court judgments/case studies. You should not dis-heart from few posters because a number of posters and readers really benefits from your knowledge.

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Post by Damanisshallo » Tue Nov 12, 2013 10:00 am

There is nothing to get disheartened. I wouldn't, lookin' at the age of the OP (5 Posts). Many people fail to understand during initial days or posts I should say. Just keep bringin' in the good work.
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