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Long Residence (10 years) and Refugee

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

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jabir
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Posts: 3
Joined: Fri Jan 04, 2019 11:33 am
Libya

ILR

Post by jabir » Sat Jan 05, 2019 1:38 pm

hope you doing well ,

I have a question regarding the ILR(LR) I had Refugee state approved in February 2018 and been in Refugee state since then. but I had already completed 10 years long residency in October 2018 ,

I have been in a lawful stay in all 10 years except I had been waiting for my asylum claim for 3 years and few months before my claim was accepted and refugee state granted. I had no refusal during my asylum process just waiting for the decision.

Can I apply for ILR(LR) or it is a complicated process and risky step that might affect my refugee state I am having now.

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bizman
Diamond Member
Posts: 1100
Joined: Tue May 30, 2017 8:15 pm
Location: UK
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Re: ILR

Post by bizman » Sat Jan 05, 2019 4:29 pm

Yes you can apply, you have been living in UK legally
Bizman

jabir
Newly Registered
Posts: 3
Joined: Fri Jan 04, 2019 11:33 am
Libya

Long Residence (10 years) and Refugee

Post by jabir » Sat Jan 12, 2019 9:31 am

Hello all

My question is about ILR(LR)

I had arrived to the UK on 19/10/2008 as a PhD student. I have always applied for visa renewals on time and none of my visa applications had been refused for any reason. During this time, I visited Libya twice, 2011 for two weeks and 2012 for one weeks. I visited Italy once, 2012 for one week (scientific conference). I have never been in troubles of any kind and my criminal record is clean. On 13/09/2014 I applied for asylum, I had been waiting for 3 years and six months till 18/02/2018 when my claim was accepted, and refugee status was granted for five years (till Feb/2023).

In October 2018, I had completed 10 years residency in the UK. I have been living in the UK lawfully for the whole 10 years except I had been waiting for my asylum claim for 3 years and six months before my claim was accepted. There had been no refusal during my asylum process. Nowadays, I am working as a self-employ since September 2018.

Can I apply for ILR(LR) or it is a complicated process and risky step that might affect my refugee status that I have now?

My Visa history

1- Student Visa Tire 4, Issued in Tripoli - Libya.
Valid from 30/06/2008.
valid until 30/08/2009.

2- Student Visa Tire 4 Issued in the UK.
Valid from 15/10/2009.
valid until 31/08/2012.

3- Student Visa Tire 4, Issued in The Sheffield, UK.
Valid from 10/08/2012.
valid until 30/01/2014

4- Student Visa Tire 4, Issued in Liverpool, UK.
Valid from 13/03/2014.
valid until 10/05/2015.

5- Asylum ARC, Issued in London, UK.
Date of issue 13/09/2014.

6- Refugee Leave to Remain, Issued in the UK.
Issued on 01/03/2018.
valid until 17/02/2023.

Momi
Senior Member
Posts: 644
Joined: Tue Jan 08, 2013 2:08 pm

Re: Long Residence (10 years) and Refugee

Post by Momi » Sat Jan 12, 2019 10:48 am

Your 3c was ended in 2014.
You can apply ILR in jan 2023. Not before that. Best of luck.

MD11
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Posts: 13
Joined: Tue Jan 29, 2019 10:10 am

Re: Long Residence (10 years) and Refugee

Post by MD11 » Tue Feb 19, 2019 10:30 am

Hi
Have you applied for the ILR long residency. If yes, Have you got any reply from the HO.

Thanks

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bizman
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Location: UK
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Re: Long Residence (10 years) and Refugee

Post by bizman » Tue Feb 19, 2019 10:42 am

Momi wrote:
Sat Jan 12, 2019 10:48 am
Your 3c was ended in 2014.
You can apply ILR in jan 2023. Not before that. Best of luck.
Why do you say this. His residency has not been broken in any way in my view since application was in with HO for the refugee status for the 3 years and few months. In my opinion I think he can apply for ILR, if you have relevant rule to support your claim can you post it.
Bizman

abdulsaid
Newly Registered
Posts: 13
Joined: Sun Jan 21, 2018 5:47 pm
Tanzania

Re: Long Residence (10 years) and Refugee

Post by abdulsaid » Thu Feb 28, 2019 6:56 pm

You are eligible for ILR without a question Time the applicant has spent in the UK with 3C leave also counts towards lawful
residence. You can find more information on time awaiting a decision on an
application or an appeal.
Definition of continuous lawful residence
Lawful residence is defined in paragraph 276A of the Immigration Rules as a period
of continuous residence in which the applicant had one of the following:
• existing leave to enter or remain
• temporary admission within section 11 of the 1971 Immigration Act where leave
to enter or remain is subsequently granted
• an exemption from immigration control, including where an exemption ceases
to apply if it is immediately followed by a grant of leave to enter.
While you were waiting for decision you were served either with 3C extention automatic no paper documents for this or you have received Temporary admission IS96.
SO DON'T DELAY

abdulsaid
Newly Registered
Posts: 13
Joined: Sun Jan 21, 2018 5:47 pm
Tanzania

Re: Long Residence (10 years) and Refugee

Post by abdulsaid » Thu Feb 28, 2019 7:00 pm

My case is similar to yours except mine I was refused but I was given temporary admission which later was granted.
I'm now in position of applying I have been to 3-4 solicitors who thought I had a gap when I was refused but after showing them the guidance they agreed I have a case

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bizman
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Re: Long Residence (10 years) and Refugee

Post by bizman » Thu Feb 28, 2019 7:05 pm

This is what I was saying. He has a ground to overturn HOs position
Bizman

irose
Newly Registered
Posts: 1
Joined: Wed Jan 08, 2020 10:33 pm
Iraq

Re: Long Residence (10 years) and Refugee

Post by irose » Wed Jan 08, 2020 10:37 pm

Hi, I would like to know if you have applied? any feedback?
In this case, do you still use your travel document(blue) or you need to apply for new one.

Many thanks

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