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ILR 10 YEAR ROUTE- Continuous Stay

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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dan883
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Overstay Query- Long Residency

Post by dan883 » Wed Jun 19, 2019 8:35 am

Dear Forum Members

Can overstaying for 28days after Nov 2016 refuse ILR under long stay residency? Anyone with the similar experience? Can HO use their discretion?

dan883
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Posts: 171
Joined: Thu May 29, 2014 9:13 pm

10 years long residency

Post by dan883 » Wed Jun 19, 2019 8:39 am

CR001 wrote:
Wed Jan 09, 2019 7:35 am
The date your physically entered the UK.
Hi there
Could you please some reference on this as my solicitor is insisting the visa issue date is fine too.

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CR001
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Re: 10 years long residency

Post by CR001 » Wed Jun 19, 2019 8:58 am

dan883 wrote:
Wed Jun 19, 2019 8:39 am
CR001 wrote:
Wed Jan 09, 2019 7:35 am
The date your physically entered the UK.
Hi there
Could you please some reference on this as my solicitor is insisting the visa issue date is fine too.
1. Can you please keep your questions in your own topic instead of digging up older threads to tag onto.

2. Long residence has never been from visa issue date and entry within 90 days. That is relevant to PBS route ILR only.

3. The guidance is clear, you need 10 years legal residence, which only starts from date of entering the UK.

https://assets.publishing.service.gov.u ... -v15_0.pdf
Calculating absence from the UK
You must check carefully:
• information on the application form
• any UK exit and entry stamps in the passports
• the landing cards section on warehouse to confirm when the applicant entered
the UK
You must be satisfied there is enough evidence to show the applicant has been in
the UK continuously for 10 years required under the rules
https://www.gov.uk/guidance/immigration ... categories
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: Overstay Query- Long Residency

Post by CR001 » Wed Jun 19, 2019 9:04 am

Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:
• the applicant must have at least 10 years continuous lawful residence in the UK
• there must be no reason why granting leave is against the public good
• the applicant must meet the knowledge of language and life requirement
• the applicant must not fall for refusal under the general grounds for refusal
• the applicant must not be in breach of immigration laws, except
o for any period of overstaying for 28 days or less which will be disregarded
where the period of overstaying ended before 24 November 2016
o where overstaying on or after 24 November 2016, leave was never the less
granted in accordance with paragraph 39E of the immigration rules – for
more information on overstaying, see applications from overstayers (non
family routes).
Periods of overstaying
When refusing an application on the grounds it was made by an applicant who had
overstayed by more than 28 days before 24 November 2016, you must consider any
evidence of exceptional circumstances which prevented the applicant from applying
within the first 28 days of overstaying.
The threshold for what constitutes ‘exceptional circumstances’ is high, but could
include delays resulting from unexpected or unforeseeable causes. For example:
• serious illness which meant the applicant or their representative was not able to
submit the application in time – this must be supported by appropriate medical
documentation
• travel or postal delays which meant the applicant or their representative was
not able to submit the application in time
• inability to provide necessary documents – this would only apply in exceptional
or unavoidable circumstances beyond the applicant’s control, for example:
o it is the fault of the Home Office because it lost or delayed returning travel
documents
o there is a delay because the applicant cannot replace their documents
quickly because of theft, fire or flood – the applicant must send evidence of
the date of loss and the date replacement documents were sought
Any decision to exercise discretion and not refuse the application on these grounds
must be authorised by a senior caseworker at senior executive officer (SEO) grade
or above.
When granting leave in these circumstances, the applicant must be granted leave
outside the rules for the same duration and conditions that would have applied had
they been granted leave under the rules.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dan883
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Posts: 171
Joined: Thu May 29, 2014 9:13 pm

10years ILR application- Overstay Confusion

Post by dan883 » Fri Jun 21, 2019 9:12 am

Dear Forum Members

I appreciate if anyone with similar experiences can advise me:

Date entered to country 14/10/2009, student visa, PSW then

T2 16/12/2014 - 31/12/2017

As per HO SAR visa curtailed:22/08/2017 TO 29/10/2017. (No letter ever received, HO claims letter sent with recorded delivery, tracking number provided but cannot find info @royal mail site because months has passed)

Applied for extension- another employer ( 15/11/2017)

Visa granted - 28/11/2017 to 15/12/2019.

When I applied for extension it was 16 days late and I was still granted a visa.
Right now I am confused if they will refuse me my ILR application on the basis of being over stayer after the visa had curtailed. If I have ever received the curtailment letter, I would have applied before 15/11/2017. I only applied on 15/11/2017 because that was the earliest (28 days before) I could applied before my previous visa.

Could you please advise the best way to make an application to avoid the refusal.

Kind Regards

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Re: 10years ILR application- Overstay Confusion

Post by CR001 » Fri Jun 21, 2019 9:15 am

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dan883
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Posts: 171
Joined: Thu May 29, 2014 9:13 pm

Re: 10years ILR application- Overstay Confusion

Post by dan883 » Fri Jun 21, 2019 9:34 am

Dear CR001
With due respect I think you are just being over reactive in terms of your duty. You've got an access to merge to anyone's topic does not mean you start merging any topic for the sake of merging topic. The users might post the queries based on the new information available. I also don't understand why does your blood boil when I do my research and ask questions in past forums. And at the same time you have in one occasion branded the user of this forum as ''lazy members''. It appears you have made plenty of rules in this forum and sometimes you forget them yourselves.

Apart from you we have seen other moderators that are calm and friendly.

CR001, users come here to find first hand advise. I know its for free but does not mean that we get treated like a beggar. I am only posting things in good faith and hope not to be bullied by your confusing terms to use this forum.

Good Day
Peace

Shazzzz
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Re: 10years ILR application- Overstay Confusion

Post by Shazzzz » Fri Jun 21, 2019 10:07 am

Well said ...some time he/she acts like dictator ...and have you notice they can banned you from this forum for no reason ...this is happen many times to me even though I am silent reader never logged in but they still managed to banned me 😂😂😂 ...no doubt on their intelligence...always providing valuable advices to members but would be nice if they do in friendly manners

blondesafari
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Re: 10years ILR application- Overstay Confusion

Post by blondesafari » Fri Jun 21, 2019 10:48 am

Good grief! This forum is invaluable to all of us seeking free accurate advice, and I feel obligated to defend this moderator. I really think that the two posters are out of order. This moderator will respond more than any other, 7 days a week, and most hours of the day. I think it would have benefitted both posters more had they taken the time to read the Forum Rules before posting. There is no ambiguity. The OP either disregarded the rules, or, never bothered to read them in the first place. Then, did not like the 'tone' of the information given? Seriously?
This Moderator has helped me in my application process, and the advice has always been accurate.
Please be respectful.

dan883
Member
Posts: 171
Joined: Thu May 29, 2014 9:13 pm

ILR 10 YEAR ROUTE- Continuous Stay

Post by dan883 » Tue Jul 30, 2019 8:56 am

Dear Forum Members,
Please advise if anyone has gone through similar scenario / if anyone has knowledge on this.

Date Entered to UK : 14/10/2009- 31/12/2012- Student Visa
PSW Application 01/04/2012,granted- 14/08/2012- 16/08/2014
T2 Application 13/08/2014, granted 16/12/2014 - 17/12/2017

On March 2017, the employer surrendered the licences as he dissolved the existing company and opened a new company. Applied for the licence for new company and issued me the COS on 02/11/2017. Application made for extension on 15/11/2017, 28 days prior to the previous visa expiry...Extension granted successfully on 26/11/2017-31/12/2019.

The worrying part starts when I received my SAR that says my visa was curtailed from 22/08/2017 to 29/10/2017 and the letter was sent , provided tracking number. I never received the letter and I cannot track the royal mail letter as its past over a year now. SAR has been sighted to an immigration lawyer and he said the information in the SAR is unclear as most of the info has been blacked out. I understand I was overstaying for at least 16 days,(30/10/2017 to 14/11/2017) yet managed to get extension for T2.

Do you think that they will make it an issue for continuous residency?

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Re: 10years ILR application- Overstay Confusion

Post by CR001 » Tue Jul 30, 2019 9:00 am

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dan883
Member
Posts: 171
Joined: Thu May 29, 2014 9:13 pm

Re: 10years ILR application- Overstay Confusion

Post by dan883 » Tue Jul 30, 2019 9:05 am

CR001 wrote:
Tue Jul 30, 2019 9:00 am
Well done and thank you for creating more confusion.

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Casa
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Re: 10years ILR application- Overstay Confusion

Post by Casa » Wed Aug 28, 2019 5:23 pm

dan883 wrote:
Tue Jul 30, 2019 9:05 am
CR001 wrote:
Tue Jul 30, 2019 9:00 am
Well done and thank you for creating more confusion.
The Board's rules are set for a reason...and contrary to what you may believe, they are not set by the Moderating team. Our (voluntary, unpaid) role on the forum is to ensure they are adhered to. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

dan883
Member
Posts: 171
Joined: Thu May 29, 2014 9:13 pm

Re: 10years ILR application- Overstay Confusion

Post by dan883 » Fri Aug 30, 2019 9:48 am

Casa wrote:
Wed Aug 28, 2019 5:23 pm
dan883 wrote:
Tue Jul 30, 2019 9:05 am
CR001 wrote:
Tue Jul 30, 2019 9:00 am
Well done and thank you for creating more confusion.
The Board's rules are set for a reason...and contrary to what you may believe, they are not set by the Moderating team. Our (voluntary, unpaid) role on the forum is to ensure they are adhered to. :idea:
Queries are posted as new when someone's got new information? Where are all my post?
You can't expect to be paid to bully someone.

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Casa
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Re: 10years ILR application- Overstay Confusion

Post by Casa » Fri Aug 30, 2019 11:48 am

dan883 wrote:
Fri Aug 30, 2019 9:48 am
Casa wrote:
Wed Aug 28, 2019 5:23 pm
dan883 wrote:
Tue Jul 30, 2019 9:05 am
CR001 wrote:
Tue Jul 30, 2019 9:00 am
Well done and thank you for creating more confusion.
The Board's rules are set for a reason...and contrary to what you may believe, they are not set by the Moderating team. Our (voluntary, unpaid) role on the forum is to ensure they are adhered to. :idea:
Queries are posted as new when someone's got new information? Where are all my post?
You can't expect to be paid to bully someone.
Is this relevant to my comment pointing out that all moderators/members are bound by the Rules of the Board set by the Administrator?
Casa
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: ILR 10 YEAR ROUTE- Continuous Stay

Post by zimba » Fri Aug 30, 2019 11:50 am

You must NOT create multiple posts for the same query. You must keep all of your questions regarding ONE application in ONE post so that the history and discussions and advice given remains in the same place. Creating multiple posts for related questions removes the context and history of your query in total and makes it difficult answer. It also adds to the workload of moderating the forum. Members who want to help should not constantly ask you to repeat the same information or have to look up your post history to figure out what is going on. :!:
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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