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Posted: **Sat Mar 31, 2018 2:30 pm**

Hi all, I'm new here and would really appreciate some help regarding my application through the SET(LR) route!

Background:
Tier4 Student visa, first entry to UK Sept 2007 - valid until 31/10/12
Then I applied for another Tier 4 General student visa granted 3/9/12 valid until 30/9/14
Applied and successful Tier 2 (general) visa 28/5/14 valid until Oct 2019
No more than 180 days in 12month period outside of UK.
In 10 years (+6 months), I have been out of the country more than 540days.

A few questions regarding my application:
1. When calculating days outside the UK, do I count the day I fly out? e.g. 10/3/18 (fly out UK) - 17/3/18 (return to UK) do I count this as 7 days or 5 days (physically not in the country the whole day)?

2. I'm currently waiting to sit out my <540days/10years. My longest block out of the country is between 14/06/2008- 21/09/2008 (99 days). I will be <540days after 21/9/18. Will the earliest that I can apply be 21/9/2018 or can I apply e.g. 21/7/2018 (provided I am less that 540days - even though i was outside of UK on that date 21/7/2008) - i hope this question make sense.

3. I am planning to apply via PSC in person, anyone experiencing problems with booking an appointment? I can't seem to book it online (all centres full for 45 business days) - i'm only trying to see how long in advance I should get ready to book! any tips?

Thanks for everyone's help in this!

Posted: **Tue Apr 03, 2018 6:37 pm**

Dear (please URGENT),

Sorry for bothering you. Quick query: my 10 years was 20/09/2016. However, my tier extension was refused on 12/09/2016 (3c exhausted) and I made long residency application on 20/09/2016 within 8 days (relyied on 28 days disregarding period as now 14 days). But got refused with in country appeal right related to family and partner ground. Though The HO didnt believe the genuineness of relationship, gave me in country right of appeal. In terms of long residency, the HO argued that the time I submitted Set LR, I didn't have existing leave to remain (whereas, rules say that the ANY period of overstaying within 28 daya would be dosregardable) hence, rules 276A(i)B didn't fulfilled.

However, on 28/02/2018, won the appeal without cross examined by the HO on article 8 human rights ground. But judge never said that 'dismiss the appeal on immigration rules'. Judge mentioned in his decision that as appellant won the case (para 42) therefore my 28 would be disregarded. My question is Sir, will I be qualified for ILR?

Today I got a letter, the HO mentioned: as appeal allowed out of immigration rules (article

you have been given 30 months leave to remain.

Some says 'if you won on article 8 grounds then its not counted in ten years, is that currect?

Can I apply for ILR immediately after getting the first visa as now I have been here 11 year 5 months and my 8 days shortage have been chained up as appeal is allowed?

Please Sir, can anyone kindly help me?

Posted: **Tue Apr 03, 2018 6:58 pm**

mdiqbal wrote: ↑
Tue Apr 03, 2018 6:37 pm
Dear (please URGENT),

Sorry for bothering you. Quick query: my 10 years was 20/09/2016. However, my tier extension was refused on 12/09/2016 (3c exhausted) and I made long residency application on 20/09/2016 within 8 days (relyied on 28 days disregarding period as now 14 days). But got refused with in country appeal right related to family and partner ground. Though The HO didnt believe the genuineness of relationship, gave me in country right of appeal. In terms of long residency, the HO argued that the time I submitted Set LR, I didn't have existing leave to remain (whereas, rules say that the ANY period of overstaying within 28 daya would be dosregardable) hence, rules 276A(i)B didn't fulfilled.

However, on 28/02/2018, won the appeal without cross examined by the HO on article 8 human rights ground. But judge never said that 'dismiss the appeal on immigration rules'. Judge mentioned in his decision that as appellant won the case (para 42) therefore my 28 would be disregarded. My question is Sir, will I be qualified for ILR?

Today I got a letter, the HO mentioned: as appeal allowed out of immigration rules (article you have been given 30 months leave to remain.

Some says 'if you won on article 8 grounds then its not counted in ten years, is that currect?

Can I apply for ILR immediately after getting the first visa as now I have been here 11 year 5 months and my 8 days shortage have been chained up as appeal is allowed?

Please Sir, can anyone kindly help me?

Can you please stop tagging your question repetitively onto other members topics. You have a topic, continue posting there. Read the forum rules again please.

indefinite-leave-to-remain/ilr-refusal- ... l#p1617161

Posted: **Tue Apr 03, 2018 7:32 pm**

CR001 wrote: ↑
Tue Apr 03, 2018 6:58 pm

mdiqbal wrote: ↑
Tue Apr 03, 2018 6:37 pm
Dear (please URGENT),

Sorry for bothering you. Quick query: my 10 years was 20/09/2016. However, my tier extension was refused on 12/09/2016 (3c exhausted) and I made long residency application on 20/09/2016 within 8 days (relyied on 28 days disregarding period as now 14 days). But got refused with in country appeal right related to family and partner ground. Though The HO didnt believe the genuineness of relationship, gave me in country right of appeal. In terms of long residency, the HO argued that the time I submitted Set LR, I didn't have existing leave to remain (whereas, rules say that the ANY period of overstaying within 28 daya would be dosregardable) hence, rules 276A(i)B didn't fulfilled.

However, on 28/02/2018, won the appeal without cross examined by the HO on article 8 human rights ground. But judge never said that 'dismiss the appeal on immigration rules'. Judge mentioned in his decision that as appellant won the case (para 42) therefore my 28 would be disregarded. My question is Sir, will I be qualified for ILR?

Today I got a letter, the HO mentioned: as appeal allowed out of immigration rules (article you have been given 30 months leave to remain.

Some says 'if you won on article 8 grounds then its not counted in ten years, is that currect?

Can I apply for ILR immediately after getting the first visa as now I have been here 11 year 5 months and my 8 days shortage have been chained up as appeal is allowed?

Please Sir, can anyone kindly help me?
Can you please stop tagging your question repetitively onto other members topics. You have a topic, continue posting there. Read the forum rules again please.

indefinite-leave-to-remain/ilr-refusal- ... l#p1617161

Sorry CR001 as I didnt see my post published. Extremely Sorry again. May I ask you to reply my post...

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