Does 10 year partner route count towards long residence? Senior members, please help!!!

Dear Sirs (Senior Members)

I would like to request you to review my immigration matter below If I am now eligible for ILR on the basis of 10 years long residence:

1) Entry Clearance: 14/09/2006
2) Student LTR: up to 28/06/2011
3) PSW: 31/05/2011 to 31/05/2013
4) Tier 2: 16/05/2013 to 14/06/2016
5) Tier 2 Extension: 10/06/2016
6) Tier 2 Extension Refused: 12/09/2016 (First time 3c exhausted)
7) ILR (10 years long residence) applied: 20/09/2016 (made this application within 08 days of my 3c ended, Relied on 28 days disregarding period)
8) ILR Refused: 28/11/2016 (with in country a
right of appeal which I exercised)
9) Appeal Determination:13/03/2018

[FTT Judge’s Decision: “The appeal is allowed on human right grounds (Article 8). However, FTT Judge explicitly mentioned in his determination in the end of the paragraph 42, “The argument as presented by [counsel for the Appellant] is a sound one in my judgement, that the appellant has shown compliance therefore with the requirements of the Rules in relation to the partner route. If I am right so far in that analysis, and such application would be granted in respect of the partner route, then that would mean in and of itself the appellant had gained 10 years lawful leave. I point out that he made his application within 28 days.

16) Granted new leave to remain: 04/04/2018 to 04/10/2020 [though my initial application was ILR, I was given visa for 30 months].

[HO Decision,“Your appeal has been allowed by the tribunal, and you have therefore been granted a period of 30 months limited leave to remain on the 10 year partner route under paragraphs D-LTRP1.2. with reference of GEN.3.2 of appendix FM to the immigration rules, as we are satisfied that you meet the requirements of paragraphs R-LTRP1.1.(a),(b) and (d) of these rules. You may be eligible to apply for settlement after completing at least 10 years under this route.”]

Hence, I am on 10 years partner route.

My question is; does this 10 years partner route count towards the long residence? Am I now eligible for set LR?

I would be very grateful if you could help me on these at your earliest. Thanks in advance.

Yes. You applied for a new application within 28 days and eventually granted a new leave. So you should be able to apply under SET(LR)

Zimba wrote: ↑

Mon Feb 25, 2019 12:41 am

Yes. You applied for a new application within 28 days and eventually granted a new leave. So you should be able to apply under SET(LR)

Dear Zimba,
Great thanks Sir for prompt reply.

Here is important to note that I got a subject access request response which noted "Immigration Judge therefore allows the appeal under Article 8 outside the rules and not within the rules for ILR. DL should be granted for 30 months, and this means continuous leave has been broken by the expiration of 3C on 12/09/2016 and will be re-started." Though it is accepted that my 3c was broken on 12/09/2016, the fresh application was subsequently granted on appeal as that was made within 28 days.

However, I have just come to know as below:
"[.............] An applicant granted leave to remain under the 10-year partner, parent or private life routes may be able to qualify for settlement (indefinite leave to remain) after they have completed a continuous period of 10 years (120 months) in the UK with leave under that route. An applicant must choose or meet a route in order to qualify for settlement, they cannot combine different types of leave.They may, however, qualify for settlement more quickly if they are successful in a subsequent valid application for leave under the 5-year partner or 5-year parent route of Appendix FM. Their previous leave under the 10-year partner, parent or private life route would not count towards the continuous period of 60 months with leave under that 5-year route required before the applicant may be able to qualify for settlement under that route." [p.14]

Ref:
Family Migration: Appendix FM Section 1.0b, Family Life (as a Partner or Parent) and Private Life: 10-Year Routes, Version 3.0 Page 14 of 104 Published for Home Office staff on 23 January 2019.

Dear Sir, do you think, does it apply in my circumstances? Suggestions highly appreciated.

The question I have is why you ILR was refused ?

Zimba wrote: ↑

Mon Feb 25, 2019 1:29 pm

The question I have is why you ILR was refused ?

Previous post might be useful.

indefinite-leave-to-remain/long-residen ... l#p1425939

mdiqbal wrote: ↑

Fri Nov 25, 2016 7:14 pm

Dear all,
I'll be appreciated if anyone could come step forward who had experienced as mine situation. I first entered in the UK on 14/09/2016 and extended visa several times as a student. Hence, my 10 year anniversary will be on 14/10/2016. Anyways, my tier-2 visa was refused on 05/08/2016 and the administrative review negetively determined on 12/09/2016 and refusal letter said that I've only 14 days to disclose any new issues that, why should I stay in the UK further. Therefore, 35 days shortfall to reach the goal from the day of my AR was concluded. However, I had an opportunity to apply any fresh application within 28 days of my refusal which will be disregarded [Immigration rule: 276B].

I did so. I've applied SET(LR) on 20/09/2016 by post which was 24 days earlier, however, my 10 years long residency application was submitted within 28 days of the qualifying period. Further to the guidance, applications can be granted if they are considered 28 days or less before the applicant completes the required qualifying period. Furthermore, I added with my application some new circumstances that I'm part way through completing a PhD etc.

Generally, a question could be raised that how can someone apply 28 days earlier without the valid visa before completing the qualifying period? Then, I can modify the same question; could the Home Office able to provide any rules that someone can't apply without the VALID VISA before completing the qualifying period? Here is to note that, no one can provide any black and white evidences, this rules is just word of mouth.

Additionally, yesterday, I know that I had an option to apply FLR (FP) and as soon as I would hit the qualifying period I would have the chance to vary the application with SET(LR). Again, same question could be pointed out which is 'without valid visa'. If 28 days overstaying period is disregarded, then why won't I be eligible for applying within 28 days of the qualifying period for ten years route. I'm really passing a devastating time, can anyone help me to get rid of this dilemma please??!! Have anyone experienced this issue? Any comments please.

User also appears to have been given temporary leave, which might have broken residence.

mdiqbal wrote: ↑

Mon Nov 28, 2016 12:13 am

Dear,
Recently, I got a letter from the Home Office for reporting purposes which is really disastrous. They have given me temporary leave and order me to report every after 4 weeks.

Zimba wrote: ↑

Mon Feb 25, 2019 1:29 pm

The question I have is why you ILR was refused ?

Thanks Dear for you question. Here you're,
Cause of refusal-“As such, when you applied, you did not have existing leave to enter or remain. While it is accepted that you were resident for a period of 10 years you had not completed 10 years lawful residence as defined by paragraph 276A(b). Therefore you cannot meet the requirements of paragraph 276B(i)(a).”

CR001 wrote: ↑

Mon Feb 25, 2019 1:40 pm

Zimba wrote: ↑

Mon Feb 25, 2019 1:29 pm

The question I have is why you ILR was refused ?

Previous post might be useful.

indefinite-leave-to-remain/long-residen ... l#p1425939

mdiqbal wrote: ↑

Fri Nov 25, 2016 7:14 pm

Dear all,
I'll be appreciated if anyone could come step forward who had experienced as mine situation. I first entered in the UK on 14/09/2016 and extended visa several times as a student. Hence, my 10 year anniversary will be on 14/10/2016. Anyways, my tier-2 visa was refused on 05/08/2016 and the administrative review negetively determined on 12/09/2016 and refusal letter said that I've only 14 days to disclose any new issues that, why should I stay in the UK further. Therefore, 35 days shortfall to reach the goal from the day of my AR was concluded. However, I had an opportunity to apply any fresh application within 28 days of my refusal which will be disregarded [Immigration rule: 276B].

I did so. I've applied SET(LR) on 20/09/2016 by post which was 24 days earlier, however, my 10 years long residency application was submitted within 28 days of the qualifying period. Further to the guidance, applications can be granted if they are considered 28 days or less before the applicant completes the required qualifying period. Furthermore, I added with my application some new circumstances that I'm part way through completing a PhD etc.

Generally, a question could be raised that how can someone apply 28 days earlier without the valid visa before completing the qualifying period? Then, I can modify the same question; could the Home Office able to provide any rules that someone can't apply without the VALID VISA before completing the qualifying period? Here is to note that, no one can provide any black and white evidences, this rules is just word of mouth.

Additionally, yesterday, I know that I had an option to apply FLR (FP) and as soon as I would hit the qualifying period I would have the chance to vary the application with SET(LR). Again, same question could be pointed out which is 'without valid visa'. If 28 days overstaying period is disregarded, then why won't I be eligible for applying within 28 days of the qualifying period for ten years route. I'm really passing a devastating time, can anyone help me to get rid of this dilemma please??!! Have anyone experienced this issue? Any comments please.

User also appears to have been given temporary leave, which might have broken residence.

mdiqbal wrote: ↑

Mon Nov 28, 2016 12:13 am

Dear,
Recently, I got a letter from the Home Office for reporting purposes which is really disastrous. They have given me temporary leave and order me to report every after 4 weeks.

Dear Sir CR001,

That was only generic letter for everyone whoever goes for reporting centre. I asked this to the solicitor 2 years back. However, immigration issues are appeared black and white on the SAR GCID notes and documents I have handy that I've never ever on temporary leave.
Hope, I made it ciear.

Main problem is does the 10 years partner route count towards the long residence as the Home Office has disputed that it is out of immigration rules, therefore its not counted? Other then, the HO accepted everything even less then 28 days disregarding period which has been scrutinized by using SAR (details).