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5 months and 2 days gap in 10 year long residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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awan86
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5 months and 2 days gap in 10 year long residence

Post by awan86 » Tue Oct 02, 2018 5:32 pm

Hello,
I would really appreciate any word of advice. Came to UK on student visa in September 2008 till October 2009 which was extended till March 2011. Applied for certificate of approval to get married in October 2010 which later was abolished and wasn’t told by then solicitor that flr(o) needed to be submitted as I thought applying for certificate of approval was enough which later on came to realise it wasn’t. Submitted human rights application August 2011 which was refused in September 2011 with no right of appeal. Then submitted reconsideration request in September 2011 because by then got married to Bristish national which was acknowledged and it took home office 31 months to make a decision. They refused the application with right of appeal. Won appeal in first tier tribunal which home office contested and won again in upper tribunal. Was granted 2.5 years discretionary leave. Judge in FTT accepted if I had been told to submit separate application to remain in UK I would have because it doesn’t make sense that I was following immigration rules by applying for certificate of approval and ignoring in applying flr(o) . Applied for spouse visa on 5 year route in November 2017 and was granted.
The query is if I can apply for ILR on 10 year route. Thank you

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CR001
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Re: 5 months and 2 days gap in 10 year long residence

Post by CR001 » Tue Oct 02, 2018 5:34 pm

You don't have 10 years legal stay. You were an overstayer from March 2011 until your DLR was granted.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

awan86
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Re: 5 months and 2 days gap in 10 year long residence

Post by awan86 » Tue Oct 02, 2018 5:40 pm

Thanks for quick reply

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