ILR appeal allowed but receiving limited leave for 30 months

sachit101 · Post by **sachit101** » Tue May 09, 2017 11:09 pm

Dear members....I have been here in UK since December 2006 on different types of visa. But I have a gap of almost 11 months and entered again in 2014. The reason I went back to find finance for my business. I had a cafe business in London 2011-12 invested almost £30/40K...had a shop lease as well...just wanted to go to India and then Singapore to get the funds. I have all paperwork, visas for Singapore, Malaysia. But was badly sick with kidney problems in may 2013 and was in ICU..not able to do anything for 3/4 months later.
Then filed the new application as a studet dependent and came back after 11 months gap. Do they would consider this gap on medical grounds and grant me ILR? Thank you

zimba · Post by **zimba** » Tue May 09, 2017 11:53 pm

Not really. An 11 month gap certainly breaks the continuous period of stay in the UK.
If you had a valid visa when you left and your visa expired afterwards, you should have returned within 6 months of leaving.
If you did not have visa when you left, you should have applied for a new visa within 28 days of your visa expiry and returned.

sachit101 · Post by **sachit101** » Thu May 11, 2017 11:18 pm

Thank you Zimba...appreciate your reply
Is my information right? As I left while visa was still valid (last day of its validity) I did not need to make application for new visa within 28 days to uphold my residence. I just needed to obtain new visa and return to UK within 6 months from the time I left. As I were absent from the UK nearly 11 months my residence was broken, however, if there are compelling or compassionate circumstances and I return to the UK once I am able and within reasonable time the HO may use discretion to grant me ILR outside the Immigration Rules.
My health condition (especially my illness covered most of the 11-month period) is firm ground for the HO to use their discretion. In light of seriousness of my disease the 11-month period seems to be reasonable length of absence. Moreover, my business interest in the UK demonstrates I have strong ties to this country. However, although there are chances I may get the ILR, there is no guarantee.

zimba · Post by **zimba** » Thu May 11, 2017 11:36 pm

It is unlikely that your illness will be accepted. You need to provide a very comprehensive evidence of your illness from that time and possibly will get nowhere with it. You can try but the chances are very slim in my opinion.

CR001 · Post by **CR001** » Fri May 12, 2017 9:32 am

There have been refusals reported by members who had exceeded the 6 months for ILR LR with a lot of evidence of compassionate and compelling reasons (parent dying of cancer etc) and they have been refused.

You said in your opening post you were away to raise funds?

But I have a gap of almost 11 months and entered again in 2014. The reason I went back to find finance for my business.

And now claiming your were sick for the 11 months

sachit101 · Post by **sachit101** » Thu Feb 22, 2018 12:44 pm

Good evening... hope you all are well...
May I please request a huge favor from you guys ???
I recently won the appeal in FTT for my ILR application under Human Rights Act- SET 10 years route Article 8.I received a letter from the Post-Decision unit of the home office asking me to pay a healthcare surcharge of £500.
The letter also says that even though I applied ILR they have granted me limited leave to remain .
My question is: even after paying fees for ILR applications premium service and winning the appeal in FTT why I am not granted ILR?
Please could you guide me as I am totally confused about what needs to be done. I will be really grateful if you could help me out.
Thank you in advance.

CR001 · Post by **CR001** » Thu Feb 22, 2018 1:08 pm

Topics merged for members who wish to contribute to see your previous posts.

sachit101 · Post by **sachit101** » Thu Feb 22, 2018 1:20 pm

Thank you...any suggestions?

sachit101 · Post by **sachit101** » Thu Feb 22, 2018 1:47 pm

Hi there...'if the applicant may be granted further limited leave to remain on the grounds of private life in the UK for a period not exceeding 30 months, and subject to such conditions as the Secretary of State deems appropriate'
can they apply for a naturalisation after 12 months?

Thank you

CR001 · Post by **CR001** » Thu Feb 22, 2018 1:48 pm

can they apply for a naturalisation after 12 months?

No. You must hold ILR before you can qualify to apply for Citizenship.

sachit101 · Post by **sachit101** » Thu Feb 22, 2018 1:57 pm

Thank you CR001...whwn can I apply for ILR then?

mdiqbal · Post by **mdiqbal** » Sat Apr 07, 2018 3:44 pm

sachit101 wrote: ↑
Thu Feb 22, 2018 1:57 pm
Thank you CR001...whwn can I apply for ILR then?

Dear Sachit,
Same as here. Alhamdulillah, I got the papers today mentioning the same issues as yours. Applied ILR. But got 30 months. I have previous post here but no one answering. When I can apply for ILR as I have only gap of 8 days in 11 years 5 months and 23 days? Can Mr CR001reply us kindly?

cyclina1 · Post by **cyclina1** » Sat Apr 07, 2018 8:36 pm

mdiqbal wrote: ↑
Sat Apr 07, 2018 3:44 pm

sachit101 wrote: ↑
Thu Feb 22, 2018 1:57 pm
Thank you CR001...whwn can I apply for ILR then?
Dear Sachit,
Same as here. Alhamdulillah, I got the papers today mentioning the same issues as yours. Applied ILR. But got 30 months. I have previous post here but no one answering. When I can apply for ILR as I have only gap of 8 days in 11 years 5 months and 23 days? Can Mr CR001reply us kindly?

No one can reply if there is no immigration history and the detail on the letter from the HO for your ILR.

mdiqbal · Post by **mdiqbal** » Sat Apr 07, 2018 10:51 pm

cyclina1 wrote: ↑
Sat Apr 07, 2018 8:36 pm

mdiqbal wrote: ↑
Sat Apr 07, 2018 3:44 pm

sachit101 wrote: ↑
Thu Feb 22, 2018 1:57 pm
Thank you CR001...whwn can I apply for ILR then?
Dear Sachit,
Same as here. Alhamdulillah, I got the papers today mentioning the same issues as yours. Applied ILR. But got 30 months. I have previous post here but no one answering. When I can apply for ILR as I have only gap of 8 days in 11 years 5 months and 23 days? Can Mr CR001reply us kindly?
No one can reply if there is no immigration history and the detail on the letter from the HO for your ILR.

Dear Cyclina,
Thank you minimum you replied. On the lng residency blog I put all details. Anyways here you are again as below:

Dear (please URGENT),

Sorry for bothering you. Quick query: my 10 years kicked off on 20/09/2016. However, my tier extension was refused on 12/09/2016 (3c exhausted) and I made long residency application on 20/09/2016 within 8 days of my refusal (relyied on 28 days disregarding period as now 14 days). But got refused with in country appeal right related to family and partner ground.

Though The HO didnt believe the genuineness of relationship, gave me in country right of appeal (here is to note that my application in first place was ILR). In terms of long residency, the HO argued that the time I submitted Set LR, I didn't have existing leave to remain (whereas, rules say that the ANY period of overstaying within 28 daya would be dosregardable) hence, rules 276A(i)B didn't fulfilled.

However, on 28/02/2018, won the appeal without cross examined by the HO on article 8 human rights ground. But judge never said that 'dismiss the appeal on immigration rules'. Judge mentioned in middle of his his explanation that as appellant won the case therefore his 28 would be disregarded.

On 4/04/2018, I got a letter, the HO mentioned: as appeal allowed out of immigration rules (article

you have been given 30 months leave to remain.

I got my passport with documents (papers) today (07/04/2018) as given 2.5 years visa but didn't get BRP yet. Hence, no gaps except 8 days in 11 years 5 mnths and 23 days.

My question is:, will I be qualified for ILR?

Can I apply for ILR immediately after getting the first visa as now I have been here 11 year 5 months and my 8 days shortage have been chained up as appeal is allowed?

Please, can anyone kindly help me?

cyclina1 · Post by **cyclina1** » Sat Apr 07, 2018 11:14 pm

mdiqbal wrote: ↑
Sat Apr 07, 2018 10:51 pm

cyclina1 wrote: ↑
Sat Apr 07, 2018 8:36 pm

mdiqbal wrote: ↑
Sat Apr 07, 2018 3:44 pm

sachit101 wrote: ↑
Thu Feb 22, 2018 1:57 pm
Thank you CR001...whwn can I apply for ILR then?
Dear Sachit,
Same as here. Alhamdulillah, I got the papers today mentioning the same issues as yours. Applied ILR. But got 30 months. I have previous post here but no one answering. When I can apply for ILR as I have only gap of 8 days in 11 years 5 months and 23 days? Can Mr CR001reply us kindly?
No one can reply if there is no immigration history and the detail on the letter from the HO for your ILR.
Dear Cyclina,
Thank you minimum you replied. On the lng residency blog I put all details. Anyways here you are again as below:

Dear (please URGENT),

Sorry for bothering you. Quick query: my 10 years kicked off on 20/09/2016. However, my tier extension was refused on 12/09/2016 (3c exhausted) and I made long residency application on 20/09/2016 within 8 days of my refusal (relyied on 28 days disregarding period as now 14 days). But got refused with in country appeal right related to family and partner ground.

Though The HO didnt believe the genuineness of relationship, gave me in country right of appeal (here is to note that my application in first place was ILR). In terms of long residency, the HO argued that the time I submitted Set LR, I didn't have existing leave to remain (whereas, rules say that the ANY period of overstaying within 28 daya would be dosregardable) hence, rules 276A(i)B didn't fulfilled.

However, on 28/02/2018, won the appeal without cross examined by the HO on article 8 human rights ground. But judge never said that 'dismiss the appeal on immigration rules'. Judge mentioned in middle of his his explanation that as appellant won the case therefore his 28 would be disregarded.

On 4/04/2018, I got a letter, the HO mentioned: as appeal allowed out of immigration rules (article you have been given 30 months leave to remain.

I got my passport with documents (papers) today (07/04/2018) as given 2.5 years visa but didn't get BRP yet. Hence, no gaps except 8 days in 11 years 5 mnths and 23 days.

My question is:, will I be qualified for ILR?

Can I apply for ILR immediately after getting the first visa as now I have been here 11 year 5 months and my 8 days shortage have been chained up as appeal is allowed?

Please, can anyone kindly help me?

In my knowledge, 28 days disregarding period count from your leave VISA expired, not 3C exhausted. When your tier extension refused on 12/9/16 and your 3C exhausted, you became an overstayer immediately. thus You should leave the UK if you didn't seek for further appeal, but instead you apply ILR. Actually you are 8 days short to fulfill 10 years ILR even the 3C period also counted in 2016. That's why the HO cannot issue you ILR but limited leave to remain.

mdiqbal · Post by **mdiqbal** » Sat Apr 07, 2018 11:39 pm

cyclina1 wrote: ↑
Sat Apr 07, 2018 11:14 pm

mdiqbal wrote: ↑
Sat Apr 07, 2018 10:51 pm

cyclina1 wrote: ↑
Sat Apr 07, 2018 8:36 pm

mdiqbal wrote: ↑
Sat Apr 07, 2018 3:44 pm

Dear Sachit,
Same as here. Alhamdulillah, I got the papers today mentioning the same issues as yours. Applied ILR. But got 30 months. I have previous post here but no one answering. When I can apply for ILR as I have only gap of 8 days in 11 years 5 months and 23 days? Can Mr CR001reply us kindly?
No one can reply if there is no immigration history and the detail on the letter from the HO for your ILR.
Dear Cyclina,
Thank you minimum you replied. On the lng residency blog I put all details. Anyways here you are again as below:

Dear (please URGENT),

Sorry for bothering you. Quick query: my 10 years kicked off on 20/09/2016. However, my tier extension was refused on 12/09/2016 (3c exhausted) and I made long residency application on 20/09/2016 within 8 days of my refusal (relyied on 28 days disregarding period as now 14 days). But got refused with in country appeal right related to family and partner ground.

Though The HO didnt believe the genuineness of relationship, gave me in country right of appeal (here is to note that my application in first place was ILR). In terms of long residency, the HO argued that the time I submitted Set LR, I didn't have existing leave to remain (whereas, rules say that the ANY period of overstaying within 28 daya would be dosregardable) hence, rules 276A(i)B didn't fulfilled.

However, on 28/02/2018, won the appeal without cross examined by the HO on article 8 human rights ground. But judge never said that 'dismiss the appeal on immigration rules'. Judge mentioned in middle of his his explanation that as appellant won the case therefore his 28 would be disregarded.

On 4/04/2018, I got a letter, the HO mentioned: as appeal allowed out of immigration rules (article you have been given 30 months leave to remain.

I got my passport with documents (papers) today (07/04/2018) as given 2.5 years visa but didn't get BRP yet. Hence, no gaps except 8 days in 11 years 5 mnths and 23 days.

My question is:, will I be qualified for ILR?

Can I apply for ILR immediately after getting the first visa as now I have been here 11 year 5 months and my 8 days shortage have been chained up as appeal is allowed?

Please, can anyone kindly help me?
In my knowledge, 28 days disregarding period count from your leave VISA expired, not 3C exhausted. When your tier extension refused on 12/9/16 and your 3C exhausted, you became an overstayer immediately. thus You should leave the UK if you didn't seek for further appeal, but instead you apply ILR. Actually you are 8 days short to fulfill 10 years ILR even the 3C period also counted in 2016. That's why the HO cannot issue you ILR but limited leave to remain.

Thanks cyclina,
question 1:
what is limited leave to remain?

cyclina1 · Post by **cyclina1** » Sun Apr 08, 2018 12:33 am

you are limited to stay in the UK for 30months. This is limited leave to remain.

sachit101 · Post by **sachit101** » Mon Apr 09, 2018 1:01 pm

Hello there...I haven't received brp yet...consulted so many solicitors everybody said I should have got ILR...I have sent HO reconsideration letter as well...plus thinking of to appeal

mdiqbal · Post by **mdiqbal** » Mon Apr 09, 2018 1:40 pm

sachit101 wrote: ↑
Mon Apr 09, 2018 1:01 pm
Hello there...I haven't received brp yet...consulted so many solicitors everybody said I should have got ILR...I have sent HO reconsideration letter as well...plus thinking of to appeal

Dear Sachit101,
Alhamdulillah I got my all papers except BRP, HO said that its on the way. I've confusion regarding ILR... I discussed many solicitors as well. You can email me at email address removed by moderator. we need to discuss some important issues.

CR001 · Post by **CR001** » Mon Apr 09, 2018 1:50 pm

mdiqbal wrote: ↑
Mon Apr 09, 2018 1:40 pm

sachit101 wrote: ↑
Mon Apr 09, 2018 1:01 pm
Hello there...I haven't received brp yet...consulted so many solicitors everybody said I should have got ILR...I have sent HO reconsideration letter as well...plus thinking of to appeal
Dear Sachit101,
Alhamdulillah I got my all papers except BRP, HO said that its on the way. I've confusion regarding ILR... I discussed many solicitors as well. You can email me at email address removed by moderator. we need to discuss some important issues.

I strongly suggest you read the forum rules. Members are NOT permitted to post ANY form of personal or social media contact information.

Members are reminded to post in public so that all can benefit and any incorrect or dubious advice can be corrected.

sachit101 · Post by **sachit101** » Mon Apr 09, 2018 6:36 pm

I have not received BRP as well...the letter was received on 22nd Feb 2018 and I won the case on 11th January 2018. As I have not accepted the HO decision as I do not have any overstayed matter or nothing. The FTT judge has clearly accepted the facts. Otherwise I have to apply for JR as well....let's see ...when did you received confirmation letter?

mdiqbal · Post by **mdiqbal** » Mon Apr 09, 2018 9:53 pm

sachit101 wrote: ↑
Mon Apr 09, 2018 6:36 pm
I have not received BRP as well...the letter was received on 22nd Feb 2018 and I won the case on 11th January 2018. As I have not accepted the HO decision as I do not have any overstayed matter or nothing. The FTT judge has clearly accepted the facts. Otherwise I have to apply for JR as well....let's see ...when did you received confirmation letter?

Dear,
Ftt decision on 15/03/2018, IHs fee paid 3/04/2018, passport received 7/04/2018, BRP 9/04/2018.

mdiqbal · Post by **mdiqbal** » Mon Apr 09, 2018 9:55 pm

Dear Sachit101,
When did you apply ILR? was that in time or any application was refused and you applied ilr? Can you provide timeline please...

sachit101 · Post by **sachit101** » Tue Apr 10, 2018 6:39 am

Mdiqbal you mean you received BRP with 30 months on it? Why did you accept the results
My time line
Applied 1/08/2017 ILR same day service
05/08/2017 refusal
22/12/2017 FTT hearing
11/01/2018 FTT won the case
22/02/2018 received letter from HO that they are not giving ILR but directing towards 30 months
07/03/2018 reconsideration letter
Now waiting for the response or will be sending Pre action next month

phalanichi · Post by **phalanichi** » Thu Sep 13, 2018 8:00 am

sachit101 wrote: ↑
Tue Apr 10, 2018 6:39 am
Mdiqbal you mean you received BRP with 30 months on it? Why did you accept the results
My time line
Applied 1/08/2017 ILR same day service
05/08/2017 refusal
22/12/2017 FTT hearing
11/01/2018 FTT won the case
22/02/2018 received letter from HO that they are not giving ILR but directing towards 30 months
07/03/2018 reconsideration letter
Now waiting for the response or will be sending Pre action next month

Hi Sachit,

What was outcome? Did you get ILR or limited leave

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Re: ILR appeal allowed but receiving limited leave for 30 months

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