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Query regarding ILR LR eligibility due to break with appeal and court hearing

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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nazee429
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Joined: Wed Dec 18, 2019 7:09 pm
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Query regarding ILR LR eligibility due to break with appeal and court hearing

Post by nazee429 » Wed Dec 18, 2019 9:54 pm

11/01/2010 Visa stamped
19/01/2010 Entered in uk
30/10/2011 student expiry-extended-varied- PSW approved valid upto 27 Feb 2014
07 Dec 2013 Tier 1 entrepreneur visa application submitted, due to interveiw and genuinity of business refused
07 April 2014 refused with appeal rights
Appealed -court- hearing - refused 24 sep 2014
Oct 3 Upper tribunal appealed requested and lastly dismissed on 16 March 2015 saying the 'Excluded decision'
30 Mar 15 Tier 2 submitted for Same day service appointment booked for 08 april 15
13-04-2014 tier 2 Visa granted

Q1: So 16 march to 30march or 08 april is 14/23 days overstayer?
Q2: When 3c break and how 39E applies?
Q3: for these case Continuity breaks for 10 years?
Q4: Am I eligible to apply on 23 Dec 2019 ( 28 days before 10yrs?

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zimba
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Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: Query regarding ILR LR eligibility due to break with appeal and court hearing

Post by zimba » Wed Dec 18, 2019 10:47 pm

You are eligible. The period of overstaying will be disregarded under 39E
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

nazee429
Newly Registered
Posts: 7
Joined: Wed Dec 18, 2019 7:09 pm
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India

Re: Query regarding ILR LR eligibility due to break with appeal and court hearing

Post by nazee429 » Tue Jan 14, 2020 3:17 pm

Thank you Zimba for you reply, I got my ILR

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