10 Years Route to ILR

Wasuyoga · Post by **Wasuyoga** » Sat Apr 22, 2017 6:09 pm

Hi all,

To cut story short.

My visa is discretionary leave to remain in U.K. On basis of parent to British child who completed 6 years and now I have appointment for ILR next week 26th April. My 6 years completes on 15Th May.

Only issue is I found out that I have ccj and some defaults, I know I have to Declare that on my set O form. I have arranged a debt management to start paying what I owe and want to Clear my name from ccj and defaults. It's hard being a single parent and rasining a child since he was a baby. I have his sole custody.

The question is will this CCJ affect my applications.

Will they refuse my visa.

Please if anyone could let me know.

Kind regards

Thanks

Carwan10 · Post by **Carwan10** » Sat Apr 22, 2017 7:53 pm

Dear,

I think the best thing to do is to go and get advice from some senior immigration lawyer. In my point of view you have to declare everything but you can explain your circumstances in covering letter in proper legal language so case worker can make right decision.

You still got your chance to present your case to HO so make it worthwhile.

Thanks

Wasuyoga · Post by **Wasuyoga** » Sat Apr 22, 2017 8:01 pm

Hi carwan10,

As I know it's best to declare it as it shows you are of good character rather them finding it out later and that will refuse my ILR, I have been told to explain in covering letter and they need to know that you making effort to pay. If not they might refuse.

But only thing is how can they refuse visa of you son is British, I am sure they won't ask you to leave with him, cause this is his country and he is British, and human rights and article 8 I don't think you can separate or break a family.

Is this true?

Thanks

CR001 · Post by **CR001** » Sat Apr 22, 2017 9:30 pm

They can refuse ILR if they feel the reason for refusal warrants it and then either issue you with a further 2.5 year visa based on the child or ask you to submit a further application within 14 days of refusal.

Wasuyoga · Post by **Wasuyoga** » Sat Apr 22, 2017 9:37 pm

Isn't ccj civil matter and not criminal offence, declaring it and showing them that the debts are on debt management and I am going to pay the defaults and the CCj, I am going to apply to set judgement aside will that be any good... cause I didn't know of the ccj and just found out when I searched on trust online ... I have seen someone got his ilr when he showed he is making effort to pay and sort his finances ... I have been here 16 years now on basis of spouse and discretionary leave to remain...

CR001 · Post by **CR001** » Sat Apr 22, 2017 9:39 pm

I didn't say HO will DEFINITELY refuse ILR did I?

If you have evidence of paying of the debt, it might be ok.

Wasuyoga · Post by **Wasuyoga** » Sat Apr 22, 2017 9:41 pm

Ok for a moment you made me worried that being honest and good character to sort it out and pay my debts was no good. But thank you it's a relief.

Regards

Wasuyoga · Post by **Wasuyoga** » Mon Apr 24, 2017 11:35 am

Hi All,

I have a query, if someone could help.

I arrived in UK Oct 2002, spouse Visa till Oct 2003, 1 year.

My visa got expired which I didnt know of cause my marriage broke down and my ex wife has all my papers and passport I got it returned in 2006 without knowing I was living illegally.

But during this time i contacted Solicitor and they advised me to get my divorce and get my sons custody who actually lived with me all this time. sep 2007 i got my divorce decree and it said in decree that my son reside with his father.

I applied for leave to remain and I got my Discretionary leave to remain in uk on article 8, basically outside immigration law.
Oct 2009 - Oct2012 - 3 years

I applied for extension but they refused my DLR as my son wasn't in UK, he left for australia to live with his grand parents but for limited time.

I appealed my case as my son was coming back to live with me. my son returned back to UK Jan 2014, and in tribunal Home office representative took his case back as now my son lives with me and its Article 8 Human rights and can't separate Parent and Child.

I got my Dicretionary leave to remain.
May 2014 - May2017 - 3 years

the missing year which I appealed during this time, is it counted as my continuous stay. which was from Oct 2012 - May 2014. thats nearly 2 years.

Base on all this my I have lived in UK 15 years and 6 months .. including that illegal stay... but 10 years will be legal on october 2017 .. I do have some CCJ which I have declared on my SET O form and I have debt management on place as I didn't know that I did have CCJs. I have my ILR appointment 26th April 2017, in 2 days.

Just being honest and of good character.

I dont know how they review cases based on CCJ as its not criminal offence but I am sorting it out.
if I do get my ILR, can I apply for naturalisation on October 2017 or before that.

please can any one help me with this,

kind regards

CR001 · Post by **CR001** » Mon Apr 24, 2017 11:38 am

SetO(O) form is NOT for long residence ILR.

What category of ILR did you book your appointment for on 26th April?

Wasuyoga · Post by **Wasuyoga** » Mon Apr 24, 2017 11:56 am

I booked on basis of Discretionary leave to remain on basis of 6 years

CR001 · Post by **CR001** » Mon Apr 24, 2017 12:00 pm

Wasuyoga wrote:I booked on basis of Discretionary leave to remain on basis of 6 years

So why are you asking about long residence ILR if you are applying this week based on DLR??

Wasuyoga · Post by **Wasuyoga** » Mon Apr 24, 2017 12:03 pm

I was asking cause it says that I should wait a year to apply for Naturalisation after I get my ILR, but all this years living here can I still apply for Naturalisation considering that i have lived in UK 16 years

zimba · Post by **zimba** » Mon Apr 24, 2017 12:21 pm

Wasuyoga wrote:I was asking cause it says that I should wait a year to apply for Naturalisation after I get my ILR, but all this years living here can I still apply for Naturalisation considering that i have lived in UK 16 years

No. Unless married to a British partner, you must have had settlement (‘indefinite leave to remain’) in the UK for the last 12 months if you’re from outside the European Economic Area (EEA) in order to apply for naturalisation.
See: Become a British citizen

CR001 · Post by **CR001** » Mon Apr 24, 2017 12:25 pm

Wasuyoga wrote:I was asking cause it says that I should wait a year to apply for Naturalisation after I get my ILR, but all this years living here can I still apply for Naturalisation considering that i have lived in UK 16 years

You will only qualify for citizenship in 2019, 10 years after your DLR grant of leave. Any period of overstay/illegal stay, as you had in 2009 to 2009, will fail the good character requirement.

Wasuyoga · Post by **Wasuyoga** » Mon Apr 24, 2017 12:50 pm

I am parent of british citizen and my DLR was on basis of parent of British Child. My son lives with me.
I had my first year 2002-2003 which is one year
and 2009-2017 which is 9 years.

My illegal stay was without my knowledge but my son was british citizen and living with me.
illegal stay was 2003-2007 when I applied for my visa when they granted me DLR on Article 8
so thats total legal stay of 10 years route. isn't it?

so 10 years and application for naturalisation on basis of child being british citizen by birth.

zimba · Post by **zimba** » Mon Apr 24, 2017 1:01 pm

Wasuyoga wrote:so 10 years and application for naturalisation on basis of child being british citizen by birth.

There is no such basis for naturalisation. It is irrelevant that you have a child born as British citizen.
You only qualify 12 months after getting ILR which will be in 2019.

CR001 · Post by **CR001** » Mon Apr 24, 2017 1:02 pm

Wasuyoga wrote:I am parent of british citizen and my DLR was on basis of parent of British Child. My son lives with me.
I had my first year 2002-2003 which is one year
and 2009-2017 which is 9 years. This is 8 years.

My illegal stay was without my knowledge but my son was british citizen and living with me. Makes no difference. You had no valid visa.
It is a visa holder/applicant's responsibility to make sure they stick to the rules.

illegal stay was 2003-2007 when I applied for my visa when they granted me DLR on Article 8 No, 2003 to 2009 you were an overstayer until you were granted DLR in Oct 2009.

so thats total legal stay of 10 years route. isn't it? It counts from date DLR was GRANTED in Oct 2009 and NOT from date you applied.

so 10 years and application for naturalisation on basis of child being british citizen by birth. There is no 'parent of BC child' naturalisation category. YOU as an adult must meet all the requirements, including the more stringent good character requirement. Any period of overstay will cont against you and likely result in refusal and loss of fee, which is why you will qualify in October 201 once you have 10 years legal stay.

Wasuyoga · Post by **Wasuyoga** » Mon Apr 24, 2017 1:03 pm

My appointment is 26th April 2017, so isn't the 12 months counted from that when I have completed 12 from 26th April 2017 - april 2018 ... why 2019?

CR001 · Post by **CR001** » Mon Apr 24, 2017 1:07 pm

Wasuyoga wrote:My appointment is 26th April 2017, so isn't the 12 months counted from that when I have completed 12 from 26th April 2017 - april 2018 ... why 2019?

2019 because that is 10 years from the date your stay in the UK became legal, i.e. DLR granted Oct 2009. This has nothing to do with the 12 months wait on ILR that most migrants can use and everything to do with the fact that you have a lengthy period of overstay in the UK.

Wasuyoga · Post by **Wasuyoga** » Mon Apr 24, 2017 1:08 pm

CR001

thank you

I was granted 12 Oct 2009 - 15th May 2017. so Oct 2017 it will be 9 years. isn't it?
doesn't my 12 Oct 2002 - 12 Oct 2003 count as legal stay 1 year.

CR001 · Post by **CR001** » Mon Apr 24, 2017 1:12 pm

Wasuyoga wrote:CR001

thank you

I was granted 12 Oct 2009 - 15th May 2017. so Oct 2017 it will be 9 years. isn't it?
No, it is 8 years. (year 1 - 2009/10; year 2 - 2010/11; year 3 - 2011/12; year 4 - 2012/13; year 5 - 2013/14; year 6 - 2014/15; year 7 - 2015/16; year 8 -
2016/17)

doesn't my 12 Oct 2002 - 12 Oct 2003 count as legal stay 1 year. This is irrelevant and is effectively wiped out due to the long period of having no valid visa. You can only count from 12 October 2009.

zimba · Post by **zimba** » Mon Apr 24, 2017 1:15 pm

No. The last 10 years which is counted when your application for citizenship is being considered

Wasuyoga · Post by **Wasuyoga** » Wed Apr 26, 2017 12:32 pm

Hi guys

Just an update.
Got my ILR today approved 26th April 2017

Thanks regards

Archer1 · Post by **Archer1** » Wed Apr 26, 2017 3:43 pm

Congrats

Wasuyoga · Post by **Wasuyoga** » Fri Apr 28, 2017 11:02 pm

Hi

I have question, please would you advise, can I apply for settlement in 12 months after my ILR after 6 years discretionary leave, as it says that's you need to be in UK legally 5 years and the after ILR you can apply after 12 months for naturalisation... is this right?

Thanks regards

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