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ILR on basis of 10 years

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.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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abbashassan
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Posts: 15
Joined: Sat May 20, 2017 5:34 pm

ILR on basis of 10 years

Post by abbashassan » Mon May 22, 2017 12:45 pm

Hello everyone,
i want to share my information and want to get some sincere advice.

Immigration History,
*came as student in Feb 2007.
*student extension April 2008 until July 2011.
*got PSW in Feb 2011 until Feb 2013
*before my PSW expired, i was married here and wife had discretionary leave so as solicitor said i applied for spouse in April 2012. which was refused in Feb 2013 before my PSW expiry and was given no right of appeal as they said i have valid leave to remain at the time of refusal.

APPLICATION UNDER HUMAN RIGHT
*So before my PSW expiry i again submitted my application on human right basis under article 8 family and private life. (i think section 3c started at this point).
This human right application was refused with right of appeal on November 2015 (after 2 and half year almost).
*Got hearing in July 2016 and was also rejected and i went to upper tribunal and Upper tribunal also rejected in August 2016. I received the letter to leave country in 28 days. (i don't know continuously broken or not)

APPLICATION ON BASIS OF LONG RESIDENCE
*I had no option except to submit new application on basis of Long Residence within 28 days as i was here since Feb 2007 and it was 9 years and 7 months at that time. so i submitted ILR application within 14 days from refusal from upper tribunal.
My LR application was also refused in December 2016 just before 2 months i was going to complete 10 years. they put rejection reason that its only 9 years and 10 months (more then 28 days of concession period) so you don't qualify But i was given right of appeal.
i lodged an appeal and now got hearing is in Nov 2017.

OTHER THINGS TO CONSIDER
My wife also got ILR after completing 6 years of discretionary leave in Oct 2016.
I completed my ACCA as well by self study.

My question is what shall i do now from 3 options,
1)attend my hearing in November 2017 (i have already completed 10 years in Feb 2017) But not sure if continuously broken or not when human right application & appeal was rejected in August 2016. Just to let you know I never went for AR or JR.
2)Go on spouse visa.(not best option as have to stay another 5 years on that, also can i apply from here or need to do entry Clarence)
3)if Court outcome is not in my favor can i go to window for ILR again on basis of 10 years within time deadlines. (i mean not coming over-stayer)

I am also sure I never put any out of time application, never became over-stayer never went to boggas colleges etc in-fact completed my studies here. also all my in-law family is here and very supportive.
(i don't know if it make any difference for judge on hearing)

thank you
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iworker
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Re: ILR on basis of 10 years

Post by iworker » Mon May 22, 2017 2:02 pm

In my opinion, you dont have any leave since Nov 2015.
Hence in my view, you can not apply anything under LR.
You may get lucky to apply for spouse visa, but i think even that can be rejected as u dont have a current leave and u should apply from home country only.

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Casa
Moderator
Posts: 25158
Joined: Wed Jul 23, 2008 2:32 pm

Re: ILR on basis of 10 years

Post by Casa » Mon May 22, 2017 2:15 pm

You are also at risk of being refused under 320(11) of the Immigration Rules - Aggravating Circumstances, due to vexatious or frivolous applications submitted simply to buy time despite being aware that these applications will not be valid.

See Section RFL7.3 What are aggravating circumstances? in the link below:

https://www.gov.uk/government/publicati ... raph-32011
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

abbashassan
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Posts: 15
Joined: Sat May 20, 2017 5:34 pm

Re: ILR on basis of 10 years

Post by abbashassan » Mon May 22, 2017 5:24 pm

Thanks for your responses,
Just to let you know that there is one more point I want your attention towards
When I submitted LR Application it was 9 years and 7 months and I was thinking that my continuous period also broken but when they refused they have mentioned you have at the time of decision completed 9 years and 10 months of 10 years of continuous lawful residence. Instead of saying completed 9 years and 7 months. As per my understanding they have also counted time of these 3 months as lawful residence as well.
And this only happen if someone 3c leave continue
Any suggestion about this.

abbashassan
Newly Registered
Posts: 15
Joined: Sat May 20, 2017 5:34 pm

Re: ILR on basis of 10 years

Post by abbashassan » Tue May 23, 2017 10:51 am

can anyone help on this please or guide me to right step

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