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Long Residence ILR - Do I qualify

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Ilr1118
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Posts: 3
Joined: Thu Apr 19, 2018 10:18 am
Algeria

Long Residence ILR - Do I qualify

Post by Ilr1118 » Thu Apr 19, 2018 11:11 am

Hi everyone,
Your help will be much appreciated. Pls see time line and question below

1. Entered UK as Student May 2008 - Jan 2010
2. PSW Jan 2010-Feb 2012
3. Tier 4 Feb 2012- Aug 2012
4. Tier 4 Extended Aug 2012 -June 2013
5. Tier 2 April 2013 - Jan 2016
6. Tier 2 Extension +AR Refused March 2016
7. FLR application on SET(O) applied March 2016 within 14days of Tier 2 Extension refusal
8. SET(O) appl refused July 2016 with right of appeal
9. Appealed in time refused appealed to IT Jan 2018 in time
10. April 2018 appeal still pending

Will complete 10years next month May 2018.
No breaks
Holidays outside UK totals 50days in 10years


Question.
1. Do I qualify for ILR Long Residence?
2. Do I withdraw appeal and apply for ILR

The suspense is unbearable. Pls help
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zimba
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Posts: 20158
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Long Residence ILR - Do I qualify

Post by zimba » Thu Apr 19, 2018 12:02 pm

No as you have been an overstayer since March 2016. You need 10 years of lawful residence for SET(LR) you have less than 8 years
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Ilr1118
Newly Registered
Posts: 3
Joined: Thu Apr 19, 2018 10:18 am
Algeria

Re: Long Residence ILR - Do I qualify

Post by Ilr1118 » Thu Apr 19, 2018 12:21 pm

Thanks Zimba88

Oh No!!!

You mean all the time I have been waiting on the appeal is not counted as Lawful
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zimba
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Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Long Residence ILR - Do I qualify

Post by zimba » Thu Apr 19, 2018 12:39 pm

No, as you had no section 3C and applied for FLR as an overstayer
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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mdiqbal
Junior Member
Posts: 60
Joined: Thu Nov 24, 2016 7:18 pm

Re: Long Residence ILR - Do I qualify

Post by mdiqbal » Thu Apr 19, 2018 2:55 pm

Ilr1118 wrote: ↑
Thu Apr 19, 2018 12:21 pm
 Thanks Zimba88

Oh No!!!

You mean all the time I have been waiting on the appeal is not counted as Lawful
Dear ilr1118,
Don't be hopeless, if you win at upper tribunal (jr) then you've light and you'll have your ten years unless the HO wont go against you otherwise.....hence keep trying at the end..... thousands of example like your case.....
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Ilr1118
Newly Registered
Posts: 3
Joined: Thu Apr 19, 2018 10:18 am
Algeria

Re: Long Residence ILR - Do I qualify

Post by Ilr1118 » Thu Apr 19, 2018 4:39 pm

Really appreciate your encouragement.
Thanks for that
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saahib_ali
Newbie
Posts: 47
Joined: Tue Aug 01, 2017 1:06 pm

Re: Long Residence ILR - Do I qualify

Post by saahib_ali » Fri May 25, 2018 9:08 am

Ilr1118 wrote: ↑
Thu Apr 19, 2018 11:11 am
 Hi everyone,
Your help will be much appreciated. Pls see time line and question below

1. Entered UK as Student May 2008 - Jan 2010
2. PSW Jan 2010-Feb 2012
3. Tier 4 Feb 2012- Aug 2012
4. Tier 4 Extended Aug 2012 -June 2013
5. Tier 2 April 2013 - Jan 2016
6. Tier 2 Extension +AR Refused March 2016
7. FLR application on SET(O) applied March 2016 within 14days of Tier 2 Extension refusal
8. SET(O) appl refused July 2016 with right of appeal
9. Appealed in time refused appealed to IT Jan 2018 in time
10. April 2018 appeal still pending

Will complete 10years next month May 2018.
No breaks
Holidays outside UK totals 50days in 10years


Question.
1. Do I qualify for ILR Long Residence?
2. Do I withdraw appeal and apply for ILR

The suspense is unbearable. Pls help


Hi ILR118
You have completed 10 years now. I know you were waiting for you appeal when you completed you 10 years. Myself and one of my close friend had very similar case last year around same time.
Both of us had completed our 10 years during appeal waiting time. You just have to stay calm and deal with patience. whatever will be the decision of this appeal, you can always apply for 10 years long residence after this appeal hearing.
Do not withdraw your appeal. As when you withdraw your appeal you will have no other option but to leave.
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Shazzzz
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Posts: 55
Joined: Tue Oct 01, 2013 12:41 am

Re: Long Residence ILR - Do I qualify

Post by Shazzzz » Sat May 26, 2018 3:16 am

Sorry to hear about your refusals...I think Zimba is right because you have to have section 3c for your continues lawful residence.if it was your first application then you were fully covered under 3c but now your first application was refused and all appeal rights were exhausted and the second application was within 14 days then you have to win appeal ...good luck to you ...please focus on your appeal and pray in Ramadan you will be fine brother..
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