Am I eligible for long residence ILR

[Kayshan]

Hi Every one, I'm new to this forum and I would be much obliged if you can tell me whether i qualify for ILR under continuous lawful residence?

1 ) arrived in UK UK October 2007 as student till March 2010

2 ) made an application in time for further leave as tier 4. Leave to remain granted till June 2014

3 ) applied further leave to remaining time as tier as tier 4 and leave to remain granted till February 2016

4 ) 5th of December 2015 , received Curtailment with immediate effect ( No appeal rights given)

5 ) 19th of December 2015 Claimed asylum in the UK

6 ) November 2016 Asylum refused with Appeal rights

7 ) Lodged an appeal in time and appeal adjourned for 3 times till November 2017

8 ) Finally appeal heard in November 2017.

9 ) Appeal Allowed in February 2018.

10 ) granted refugee leave to remain till 2023( having already completed 2 years)

My 10 year completed in October 2017. My question is , Do i Qualify for ILR under 10 year continuous and lawful residence in the UK?

Kind regards, Kay

[secret.simon]

I am not absolutely certain and I will likely be corrected if I am wrong, but if your leave is curtailed, that stops your legal residence in the UK. There is no equivalent for Section 3C leave for curtailment (There used to be a Section 3D leave for curtailment, while it was appealed, but that ceased on 6th April 2015) (See the last page of Section 3C and 3D Guidance).

So, effectively, from the date of your curtailment till the date that you were granted refugee status, you were without leave to remain and therefore your legal residence clock had stopped.

You will likely be able to apply for ILR only after completing the required amount of time as a refugee.

Also, you will likely only be able to apply for British citizenship on the tenth anniversary of the grant of your leave as a refugee, in 2028.

[Kayshan]

Thank you very much for your reply.
So, the problem starts from 5th December 2015(After the Curtailment)
I have read policy guidelines for Long residence, any period of 28 days over staying should be disregarded if the application was made before November 2016.

I have 14 days over staying from ( 05-12-2015 -19-12-2015)
From 19th of December I was on Temporary admission.

Temporary Admission counts towards long residence if it followed by a grant of leave.

Have you considered above points also ?