Have i broken my continuous residence ?

Barbieukdoll · Post by **Barbieukdoll** » Sun Mar 03, 2019 10:12 pm

Hello everyone

Please i am confused about my current immigration state right now an would appreciate your help and guidance .

I would like to apply for Indefinite leave to remain in the UK ILR on the basis of 10 year long residence, however not very sure if I have qualified or not. Here is a list of my previous immigration history.

Arrived UK April 2009 as a tier 4 student

Visa was due to expire on 31/10/09.

Made an application on 22/10/09

Got letter from home office acknowledging application on 26/10/09 .

Application returned on 4/12/09 due to invalid payment details .

Reapplied as instructed on 15/12/09 .

Acknowledgement letter received on 17/12/09

Letter for bio metric on 6/01/10

But received refusal letter on 9/02/10 that I had Over stayed .

I reapplied Around 20/2/10 with evidence to show original application was made on time.

Got visa on 14/04/10 and other visas applied afterwards were granted

Could you tell me if i qualify for LR or if there has been a break in continuous residence . i intend to include a letter to explain what had happened and also proof of all applications made initially.

Kindly assist me with your knowledge and experience .

Thanks

aman90 · Post by **aman90** » Mon Mar 04, 2019 12:13 am

Barbieukdoll wrote: ↑
Sun Mar 03, 2019 10:12 pm
Hello everyone

Please i am confused about my current immigration state right now an would appreciate your help and guidance .

I would like to apply for Indefinite leave to remain in the UK ILR on the basis of 10 year long residence, however not very sure if I have qualified or not. Here is a list of my previous immigration history.

Arrived UK April 2009 as a tier 4 student

Visa was due to expire on 31/10/09.

Made an application on 22/10/09

In time application

Got letter from home office acknowledging application on 26/10/09 .

Application returned on 4/12/09 due to invalid payment details.

Protected

Reapplied as instructed on 15/12/09 .

Within 28 days

Acknowledgement letter received on 17/12/09

Letter for bio metric on 6/01/10

But received refusal letter on 9/02/10 that I had Over stayed .

Incorrect refusal

I reapplied Around 20/2/10 with evidence to show original application was made on time.

Within 28 days

Got visa on 14/04/10 and other visas applied afterwards were granted

Successful

Could you tell me if i qualify for LR or if there has been a break in continuous residence . i intend to include a letter to explain what had happened and also proof of all applications made initially.

Kindly assist me with your knowledge and experience .

Thanks

No break

secret.simon · Post by **secret.simon** » Mon Mar 04, 2019 1:13 am

Barbieukdoll wrote: ↑
Sun Mar 03, 2019 10:12 pm
Application returned on 4/12/09 due to invalid payment details

If the application made on 22/10/09 was invalid, that is treated as if that application did not exist. So, did you get a letter from the Home Office stating that that application was invalid? If you did, you would have had a break in your 10 years (and have been an overstayer) from 31/10/09 to 14/04/10.

On the other hand, if you were notified of the invalid payment details and advised to make the payment for the application to be processed (then you would not have submitted a new application, but just the payment forms), then your leave is not broken, as your previous application of 22/10/09 was still pending and was processed after payment was received. From your description, this latter course does not seem to have taken place.

Barbieukdoll · Post by **Barbieukdoll** » Tue Apr 02, 2019 6:58 pm

Good evening all,

please i would like someone to let me know if i still qualify for ilr long residence in 2020.

I got my refusal today for LR reason being that i had a broken 3C in 2009 due to out of time application . My leave was later granted in April 2010 . All other visa applications after April 2010 was granted as well and was made in time .

I applied for LR on the basis of Long residence but was refused as a result of the problem i had in 2009. I still have a valid leave up till april 2020 . My question is does this mean that i still have my 10 years intact come next year april 2020 or does this refusal mean that my LR is now broken ? .

I still have a valid visa till next year. does this new refusal affect my LR in any way at all even though i still have lawful residence currently ?

zimba · Post by **zimba** » Wed Apr 03, 2019 1:16 am

Your were advised before that you do not qualify for ILR. No worries your refusal has no effect on your lawful residence. Wait until you are eligible

Immigrationboards.com: Immigration, work visa and work permit discussion board

Have i broken my continuous residence ?

Have i broken my continuous residence ?

Re: Have i broken my continuous residence ?

Re: Have i broken my continuous residence ?

Do i still qualify for ILR ?

Re: Have i broken my continuous residence ?