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Posted: Mon Jun 18, 2012 2:00 pm
by mayega
Hi Everyone, In July 2004 i applied for Leave to remain and in May 2006 got a letter from home office rejecting my application and given a right of appeal. It also said i had been issued with a IS151A. I had 10 days to appeal, i appealed and won my case in 2008 and was given discretionary leave to remain, I am in my second 3 year term and will qualify for LTR on October 2014. My question is can i apply for ILR since i have been here 14yrs ( march 2012) or did the clock stop or continue, although i won my appeal against the home office.
Posted: Mon Jun 18, 2012 3:30 pm
by chorc123
mayega wrote:Hi Everyone, In July 2004 i applied for Leave to remain and in May 2006 got a letter from home office rejecting my application and given a right of appeal. It also said i had been issued with a IS151A. I had 10 days to appeal, i appealed and won my case in 2008 and was given discretionary leave to remain, I am in my second 3 year term and will qualify for LTR on October 2014. My question is can i apply for ILR since i have been here 14yrs ( march 2012) or did the clock stop or continue, although i won my appeal against the home office.
I think you are safe as you have already got second half DL, then you can go on ILR after this. Not sure, if your clock has stopped, but you are better to ask your solicitor.
Posted: Mon Jun 18, 2012 5:38 pm
by Greenie
mayega wrote:Hi Everyone, In July 2004 i applied for Leave to remain and in May 2006 got a letter from home office rejecting my application and given a right of appeal. It also said i had been issued with a IS151A. I had 10 days to appeal, i appealed and won my case in 2008 and was given discretionary leave to remain, I am in my second 3 year term and will qualify for LTR on October 2014. My question is can i apply for ILR since i have been here 14yrs ( march 2012) or did the clock stop or continue, although i won my appeal against the home office.
The IS151A will have stopped your clock.
Posted: Tue Jun 19, 2012 2:11 pm
by mayega
Thanks Greenie, my solicitor told me it was overturned on appeal, and that it is irrelevant to my application. I am now confused.
Regards Ben.
Posted: Wed Jun 20, 2012 10:22 am
by diggingdeep
I think you have got nothing to lose by applying for IRL before rule changes.
Posted: Wed Jun 20, 2012 10:47 am
by mayega
diggingdeep thanks, the gain far out weighs the cost of £991!