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Long resident eligibility break time

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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Layan
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Posts: 2
Joined: Fri Jul 16, 2021 9:04 pm
Sri Lanka

Long resident eligibility break time

Post by Layan » Fri Jul 16, 2021 9:22 pm

I was granted Tier 2 visa in 2014 and due to the revocation of my employer’s sponsorship, my family had to apply for FLRO - FP - 7years route (when 4 years) visa in 2015 March. The history of my visa application as below.

FLRO - FP refused in Dec 2015
Appealed within 14 days in Dec 2015
Decision of 1st tribunal in May 2018
Reason for the Decision - refused as my son is not entitled for 7 years route as he was only 4 years.

Appealed to Upper Tribunal in May 2018
Decision for UT in July 2018
Reason for refusal - Refused the appeal/not admitted your application to appeal to the Upper Tribunal.

New application - FLRO - FP in Aug 2018 (applied within 14 days of UT decision)
Visa granted in May 2019.

Now I want to apply for settlement under ILR - Long Stay - 10 year route

Now my question is
1. Do I break the 10 year route as my Upper Tribunal appeal was refused as listed above?

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zimba
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Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Long resident eligibility break time

Post by zimba » Sat Jul 17, 2021 11:46 pm

No there is no break. You had section 3C until you exhausted your appeal rights. Then you applied within 14 days of becoming an overstayer and regularised your stay again. Such a period is discarded as per paragraph 39E of the rules.
The case law is also on your side: indefinite-leave-to-remain/ilr-10-years ... l#p1953365
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Layan
Newly Registered
Posts: 2
Joined: Fri Jul 16, 2021 9:04 pm
Sri Lanka

Re: Long resident eligibility break time

Post by Layan » Sun Jul 18, 2021 2:08 pm

THank you so much

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