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Counting of 10 year continuous stay for ilr

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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Bobi89
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Counting of 10 year continuous stay for ilr

Post by Bobi89 » Tue Jun 25, 2019 11:09 pm

Hi,

I am planning to apply for ILR based on 10 years continuous stay. I entered UK on 12 August 2009. During my 10 years period, I have a period of waiting (around 2 months) for an appeal result as I had applied for Tier 1 visa and got rejected. During this 2 months appeal waiting time my previous visa was already expired, and I was just waiting for appeal result.

I know that on home office website it mentions "You can apply to settle in the UK if you’ve been in the UK legally for 10 continuous years", however it is not clear to me that this appeal time can be counted as part of 10 continuous years.

Could you please advise? Can I apply for ILR on 12 August 2019 or do I need to wait more? Thanks

dan883
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Re: Counting of 10 year continuous stay for ilr

Post by dan883 » Wed Jun 26, 2019 9:37 am

Please provide the timeline for more precise advise from the senior members.

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zimba
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Re: Counting of 10 year continuous stay for ilr

Post by zimba » Wed Jun 26, 2019 12:39 pm

Time spent while an appeal is pending will be counted as lawful
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Bobi89
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Joined: Tue Jun 25, 2019 10:37 pm

Re: Counting of 10 year continuous stay for ilr

Post by Bobi89 » Wed Jun 26, 2019 8:26 pm

Thanks for the reply. I will do same day application. Do I have to wait until 12 August or can I apply before that date? Does 28 days rule also apply same day applications?

Thanks

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zimba
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Re: Counting of 10 year continuous stay for ilr

Post by zimba » Wed Jun 26, 2019 11:01 pm

28 days concession applies
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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