10 years ILR Eligibility

[prana72009]

Hi,

I’m not sure if I m qualify for Long residence(10 yrs)I entered in the UK Oct 2010 as student dependent visa valid until September 2015. We applied for visa extension based on private life but it was refused. Left the country and applied for tier 2 visa and granted. Please find the dates below.

The first visa was Oct 2010
Left country 20 March 2017
Applied visa 12 April 2017(5yrs)
Visa Granted 08 May 2017
Re-enter in the UK 21 May 2017

Thanks

[vinny]

When did you apply for the extension?
When was it refused?

[prana72009]

Hi

i applied the extension back in 2015 and it was refused and JR also refused.
left the country without overstayed.
Thanks

[zimba]

Hi

i applied the extension back in 2015 and it was refused and JR also refused.
left the country without overstayed.
Thanks

Time spent pursuing JR is NOT lawful stay. Only time spent pursuing an in-time appeal is lawful under section 3C. If it was JR, then you overstayed unlawfully

[prana72009]

Thanks Zimba
Even the JR application made within the timeframe does it still count overstayed?

Does it also reset the whole 10YRS clock? Or spend time from the date JR application made until I left the country?

Thanks

[CR001]

JR, Judicial Review, is not a process under the immigration rules. Time spent doing JR does not make the period of the process while waiting legal.

[zimba]

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body like Home Office. This is part of the administrative law in the UK (unlike immigration appeals). This has nothing to do with the laws governing immigration and so time spent pursuing it will not be lawful stay unless JR leads to the overturning the refusal of an in-time application.

[prana72009]

Thanks CR001 & Zimba.

Does that mean I was overstated and it will affect my future visa applications?
Is that also mean time spend before JR will not count towards my total stay?

Thanks

[vinny]

Unfortunately, yes. An unsuccessful JR does not extend leave under Section 3C. Whereas a successful JR may have determined the refusal to be unlawful and thereby null and void.

[prana72009]

Thansk vinny for the detailed answer.

After the JR and I applied tier 2 visa out of the country and I have granted tier 2 visa successfully and extend my visa. Do you still think this will issue when we applied 5 yrs ILR route?

Thanks

[zimba]

Thansk vinny for the detailed answer.

After the JR and I applied tier 2 visa out of the country and I have granted tier 2 visa successfully and extend my visa. Do you still think this will issue when we applied 5 yrs ILR route?

Thanks

This has nothing to do with your 5-year ILR under family route

[prana72009]

Thanks Zimba.

Do you also think if I will minus the JR time from the total time spent in the UK and if it 10yrs I should able to apply ILR based on 10 yrs route? Based on my timeline above

The first visa was Oct 2010
Left country 20 March 2017
Applied New visa 12 April 2017
Visa Granted 08 May 2017
Re-enter in the UK 21 May 2017
Minus JR from Nov 2016 to April 2017

Am I Eligible in March 2021 for ILR?

Thanks
Manoj

[poper]

No

https://www.gov.uk/long-residence

You can apply to settle in the UK if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’).

[secret.simon]

Do you also think if I will minus the JR time from the total time spent in the UK and if it 10yrs I should able to apply ILR based on 10 yrs route?

As you have not given dates, it is harder to give advice, but assuming that you applied for an extension in 2015 before your 2010 visa expired, your legal residence would have come to an end at the end of the Admin Review (AR) of the 2015 application. Any period spent in the UK after that date would most likely have been an overstay and your continuity of residence would have been reset to zero.

Your LR clock would have then restarted from zero on 21 May 2017, when you returned to the UK on a legal visa.