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ILR 10 years route

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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Naz2012
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Joined: Thu Jun 17, 2021 8:56 am

ILR 10 years route

Post by Naz2012 » Thu Jun 17, 2021 9:16 am

Hi I have a question regarding long term residency. I came England in 2011as an student with my husband. I filled all my applications on time. In September 2016 my husband claimed asylum and we being asylum seekers. In 2017 home office refused the claim, then we did appeal against the decision and got refusal. Then we applied for the judicial review and they also refused it. By that time my daughter turn 7 years old and in further submission we got discretionary leave to remain in 2019.
My question is that can I apply for ILR on the base of long term residency?

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zimba
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Re: ILR 10 years route

Post by zimba » Thu Jun 17, 2021 12:18 pm

I would say no as time spent pursuing a JR does not count towards your lawful residence. This is the period of unlawful stay between exhausting your appeal rights and the date you were given discretionary leave again. This means that you have a break in your lawful residence which does not allow you to qualify under long residence
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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