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ILR on basis of LR (CONTINUOUS BREAK OR NOT)

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

ILR on basis of LR (CONTINUOUS BREAK OR NOT)

Post by abbashassan » Sat May 20, 2017 6:31 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

Mrchaany
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Posts: 526
Joined: Sun Jun 23, 2013 10:52 pm
Location: Reading
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Re: ILR on basis of LR (CONTINUOUS BREAK OR NOT)

Post by Mrchaany » Sat May 20, 2017 7:24 pm

You can do other alternatives but long residency ILR is impossible for you and appeal will dismiss, better to apply for spouse visa.
Strong commitment, extreme faith and honesty will recognize your existence.

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

Re: ILR on basis of LR (CONTINUOUS BREAK OR NOT)

Post by abbashassan » Sat May 20, 2017 7:26 pm

you mean continuous period is broken?

eoo10
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Re: ILR on basis of LR (CONTINUOUS BREAK OR NOT)

Post by eoo10 » Sat May 20, 2017 7:48 pm

Mrchaany wrote:You can do other alternatives but long residency ILR is impossible for you and appeal will dismiss, better to apply for spouse visa.

I'm sorry but I don't agree with you thought on the writeup. With what I read I believe that the OP still have his continuous residence covered by 3c as an appeal was lodged in time. My own thought on your questions; I think you should wait for your appeal in November since you have now qualified and probably it will be a good idea to send the tribunal a statement of additional ground. I think you may be able to save some money as well.

Mrchaany
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Joined: Sun Jun 23, 2013 10:52 pm
Location: Reading
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Re: ILR on basis of LR (CONTINUOUS BREAK OR NOT)

Post by Mrchaany » Sat May 20, 2017 8:19 pm

After refusal op applied for long residency two months before his eligible period,
Appeal was given under human right basis, OP and we still
Expecting from miracle from tribunal.
Strong commitment, extreme faith and honesty will recognize your existence.

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

Re: ILR on basis of LR (CONTINUOUS BREAK OR NOT)

Post by abbashassan » Sun May 21, 2017 11:24 am

Hi,
Is there anyone experiened same type of situation.
Or is there any expert in this.
If my continuous period not broken and I m still under section 3c while waiting for hearing, can I book date on window right after hearing and in case of refusal from court I go to windows on basis of 10 years within 28 days of refusal.

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