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ILR With Student Visa & DLR

Posted: Mon Aug 20, 2012 10:28 am
by lloyd
Hi Guys,

I came to the UK in 2003 with 3 year student visa. After that i took ill during my course and still completed it.was misled to apply for ILR to stay longer which was refused after 4yrs waiting.( bad lawyer). With successful appeal DLR was granted for 3yrs outside the rules ( So with that technically i dont have gaps as i did another course in university and worked as my leave was still valid cos my application was in process.)

I applied for renewal early this year and was granted another 3years DLR within 7 weeks.

I would have spent 10 legal yrs by next August. Do you guys think i will be able to apply for ILR under the 10-year rule? This is not quite explained on the DLR conditions as it says u have to spend 6yrs or 10yrs in some cases. dont know if the 10yrs mean long residence.

Has any one encountered something like this???? thanks

Posted: Tue Aug 21, 2012 10:45 am
by asim72
Someone encountering the same situation or not is not an issue.
The issue is whether you have been lawfully in the UK for 10 years. If you have been, then you can apply for 10 years residence ILR.

On the basis of what you have posted, it seems like your 10 years stay has technically been lawful, as you applied in time for extension, appealed in time after refusal, and then appeal was allowed.

Posted: Tue Aug 21, 2012 4:38 pm
by lloyd
asim72 wrote:Someone encountering the same situation or not is not an issue.
The issue is whether you have been lawfully in the UK for 10 years. If you have been, then you can apply for 10 years residence ILR.

On the basis of what you have posted, it seems like your 10 years stay has technically been lawful, as you applied in time for extension, appealed in time after refusal, and then appeal was allowed.
Yes lawfully in the UK all this while believe it will stay until i qualify next year. Thanks for you thoughts on this. When i said 'encountering'- it was in the context of someone like u knowing of the possiblity either through experience or general discussion amongst others.