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ILR for Spouse & child . Gaps in Legal residence. please help.

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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surfsumi
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ILR for Spouse & child . Gaps in Legal residence. please help.

Post by surfsumi » Sat Dec 28, 2019 8:33 pm

I hold ILR ( granted last year ) & my younger child is BC. My wife & older child preparing to apply for ILR ( long residence- 10 years). They have been in UK 10 years & 4 months.

1. However on 2011.12.18 we had an issue as their visa were refused ( as student dependents) , I was granted tier 4 - Reason for refusal Course duration less than 6 months.. It was genuine error from the college as they erroneously entered the course duration as 6 even though it was 9 months. Later college had rectify the error & informed HO & Issued a letters as well.
2. On 30th December, 2011 we have wrote to HO to reconsider the decision with the letter from College saying it was a typing error.
3. On 12th January HO wrote to us saying they can't reconsider the decision but we can send fresh applications with new CAS.
4. on 28th January 2012 ( Visa expired on 31st December, 2011) my spouse & child sent fresh applications as tier 4 dependents with Letter from College.
5. I, my spouse & child have applied for Post Study Visa ( tier 1) on 02nd April 2012 as I completed my degree.
6.on 15th May 2012Home office refused the first application of my spouse & child ( applied on 28th January 2012) giving same reasons ( course less than 6 months even though college informed it was a error in writing. )
7. on 28th July 2012 lodge permission application for Judicial Review
8. 14th August 2012 tier 1 ( PSW) visa granted for whole family.

9. Solicitors asked HO amend the consent order to legalise stay from 01st January , 2012 to 13th August , 2012 but they Refused.

Now we are trying to get ILR but I'm worried if they would refuse their applications due to above reasons. Both of them are on FLRO visa ( granted on 7 year child rule ).
I would really appreciate advice of respected gurus , senior members on this issue.
Thank you so much.
SURESH

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zimba
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Re: ILR for Spouse & child . Gaps in Legal residence. please help.

Post by zimba » Sun Dec 29, 2019 12:23 am

As you did not challenge the HO's decision and and applied for PSW instead, they were overstayers between Jan 2012 and August 2012 and their stay was not lawful. So in my opinion, long residence is not an option.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

surfsumi
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Re: ILR for Spouse & child . Gaps in Legal residence. please help.

Post by surfsumi » Sun Dec 29, 2019 9:25 am

Zimba wrote:
Sun Dec 29, 2019 12:23 am
As you did not challenge the HO's decision and and applied for PSW instead, they were overstayers between Jan 2012 and August 2012 and their stay was not lawful. So in my opinion, long residence is not an option.
Thank you for reply. I'm not blaming anyone but I know my solicitors knew this issue from the beginning. What route should we go ? I'm so stressed & confused ? Thank you again.
SURESH

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zimba
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Re: ILR for Spouse & child . Gaps in Legal residence. please help.

Post by zimba » Sun Dec 29, 2019 11:03 pm

They should stay under the current visa until eligible for ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

surfsumi
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Re: ILR for Spouse & child . Gaps in Legal residence. please help.

Post by surfsumi » Mon Dec 30, 2019 9:03 am

Zimba wrote:
Sun Dec 29, 2019 11:03 pm
They should stay under the current visa until eligible for ILR
Thank you so much again for your kind response.The current visa granted only for 2.5 years & will expire on 15th February, 2020. That visa granted on 7 year rule, on article 8. Can they apply to extend the current visa ? Thank you again.
SURESH

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zimba
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Re: ILR for Spouse & child . Gaps in Legal residence. please help.

Post by zimba » Mon Dec 30, 2019 2:58 pm

Sure
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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