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Indefinite leave to Remain based on Long Residence (10 years)

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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alay
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Posts: 3
Joined: Wed Jan 30, 2019 8:40 pm
Yemen

Indefinite leave to Remain based on Long Residence (10 years)

Post by alay » Wed Jan 30, 2019 9:14 pm

Dear lovely people,
I really need your urgent advice regarding my situation.

I am applying for ILR, 10 years route. I am planning to submit my application on 10th Feb 2019. I have been here for 10 years and from 2009 - 2014 I held Tier 4 visas. In 2014, I applied for asylum before my Tier 4 visa expired. My asylum was initially refused by the Home Office and I had to appeal the decision which later was granted by a Tribunal. From October 2014 - January 2016 I was waiting for the court to hear my case (I had no valid visa), but my case was pending hearing.

So my question, is my lawful continuous residency in the UK has been breaking because my asylum has been refused and the fact I had to wait for almost a year without valid Leave or this period is covered under section C3?

I would very much appreciate any insights and help on this matter. I know for people who get refused when they apply for visas, to avoid breaching rules e.g., overstaying, article C3 covers them, but not sure in the case of an asylum claim.

Please please help me with this

Many thanks

Momi
Senior Member
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Re: Indefinite leave to Remain based on Long Residence (10 years)

Post by Momi » Wed Jan 30, 2019 10:13 pm

Asylum is not under uk immigration system. You 3c was ended when you tier 4 expired in 2014.
So unfortunately there is nothing you can do except waiting for 5 years to complete if your asylum is granted.

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zimba
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Re: Indefinite leave to Remain based on Long Residence (10 years)

Post by zimba » Wed Jan 30, 2019 10:47 pm

Momi wrote:
Wed Jan 30, 2019 10:13 pm
Asylum is not under uk immigration system. You 3c was ended when you tier 4 expired in 2014.
So unfortunately there is nothing you can do except waiting for 5 years to complete if your asylum is granted.
That is incorrect. As the asylum application was in-time and the appeal was pending, the leave was extend by the virtue of section 3C until grant of asylum. So the OP is eligible under long residence (Section 3C)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

alay
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Posts: 3
Joined: Wed Jan 30, 2019 8:40 pm
Yemen

Re: Indefinite leave to Remain based on Long Residence (10 years)

Post by alay » Thu Jan 31, 2019 1:58 pm

Thank you ever so much, Zimba! I am not sure now because Momi (senior member) made me more confused about this issue. Shall I completely ignore his post and follow yours (I take full responsibility not you).

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zimba
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Re: Indefinite leave to Remain based on Long Residence (10 years)

Post by zimba » Thu Jan 31, 2019 3:15 pm

We all make mistakes and sometimes the advice given is not correct :wink:
The UK immigration rules cover the grant of asylum and its procedures (Immigration Rules part 11: asylum)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

alay
Newly Registered
Posts: 3
Joined: Wed Jan 30, 2019 8:40 pm
Yemen

Re: Indefinite leave to Remain based on Long Residence (10 years)

Post by alay » Fri Feb 01, 2019 2:00 pm

Thank you so much again, Zima!! You always very helpful in your replies and I really appreciate that!

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