residential requirements

[amyli]

Hi

I entered the UK in August 2005 on a work permit visa and became eligible to apply for Indefinite Leave to Remain in the UK in August 2010.

I first applied in July 2010 (within 28 days of my becoming eligible in August 2010 as required) but there was an issue with my application which made it invalid.

I got news of the invalidity of the first application in November 2010 and re-applied then. My second application was an out-of-time application given my work permit visa expired while they were processing my first application.

I was granted Indefinite Leave to Remain in January 2011 (phew!) and I am now wondering how the period from November 2010 to January 2011 will affect my application for citizenship in the future.

Technically I was an overstayer during the period from September 2010 (28 days after my visa expired) to January 2011. Does this count as a breach of immigration laws?

Thanks for your help.

Amy

[Cisadi]

If your ILR application was under consideration during this period you were not illegal during that time slot.

[amyli]

If your ILR application was under consideration during this period you were not illegal during that time slot.

Unfortunately, the immigration status continues only while the UKBA processes a valid application.

My first application was invalid so technically I was an overstayer from September 2010 (28 days after my visa expired) to November 2011 (when they informed me about the invalidity).

My lawyer advised me to re-apply since I had nothing to lose. If I had left the UK, I wouldn't have been able to re-enter until a year later because I was already unknowingly an overstayer by the time the UKBA got back to me.

In addition, I was knowingly an overstayer from November 2011 to January 2011 (when I re-applied until I was granted ILR) because the application was made out of time and was therefore technically invalid.

My lawyer and MP had to get involved to encourage them to consider my application despite it being out-of-time and thankfully, it was successful.

The problem is that the ILR is only effective from January 2011, so I have a period where I was technically breaching the immigration rules and the citizenship caseworker may not be as understanding as the settlement caseworker has been.

I understand that the UKBA (settlement section) writes a letter saying "free from immigration restrictions" from the earlier date in cases where they reverse their decision following an appeal.

Has anyone got experience of them doing such a thing in cases where the application was invalid?