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Hi,
I came to the UK in March 2009 by student Visa. My third student visa was rejected in 2010 but I was right to appeal for this. I filled the right to appeal form and the court gave the vote to me. However, it was the mistake of home office when they were considering my case. While my case did not submit yet to the court, the home office issued my visa (they knew they did this mistake). After finishing my study, I did not work for 2 years as I was taking care of my baby. I am wondering that rejected visa in 2010 and 2 years not working can be the issue for me when I want to apply for LIR for Long Residence (10 years)?
Thanks

AH2014 wrote: ↑

Wed Dec 06, 2017 5:10 pm

Hi,
I came to the UK in March 2009 by student Visa. My third student visa was rejected in 2010 but I was right to appeal for this. I filled the right to appeal form and the court gave the vote to me. However, it was the mistake of home office when they were considering my case. While my case did not submit yet to the court, the home office issued my visa (they knew they did this mistake). After finishing my study, I did not work for 2 years as I was taking care of my baby. I am wondering that rejected visa in 2010 and 2 years not working can be the issue for me when I want to apply for LIR for Long Residence (10 years)?
Thanks

Hello,

Could you provide an immigration history as by going with the info provided, it suggests to me after your third student visa that you were granted either through appeal or a reversal of the HO's decision you may have overstayed after the expiry of your last visa.

Also, why would you apply for a third student visa from 2009 - 2010? Bearing in mind you came to the UK in March 2009 and your third student visa was rejected in 2010?

I would also like to point out if you were going to apply for ILR through the 10 year LR route, your time still would not qualify you to be eligible to apply until maybe March 2019, but this is all speculation.

Please provide dates and all visas held if you expect any answers. Thanks.

Hi CMOSUK,

Thanks for your quick reply.
I came to the UK with student visa in March 2009. Before expiring of first visa I applied for the second visa. The second one expired in March 2010. Before expiring the second visa, I applied for third one. But it was rejected due to the mistake of HO. I was right to appeal. I appealed it. However, HO issued the third visa. Few month later, I received a letter from the court, giving the right to me. That vis was granted in May 2010. Before expiring my third visa in March 2014, I applied for the fourth visa. Before expiring my fourth one, I applied for the fifth one. After expiring my fifth visa, I applied for the current visa. The current one valid until August 2019. I did not stay in the UK during this period unlawfully.

I look forward to hearing from you.

Thanks

You can apply for ILR in the beginning of 2019 based on long residence

Thanks. May I know the list of driving criminal convictions affects on ilr please?

AH2014 wrote: ↑

Wed Dec 06, 2017 9:53 pm

Thanks. May I know the list of driving criminal convictions affects on ilr please?

Why not list what you have received and when and then we can tell you.

Dear Senior members,

I arrived in the UK in March 2009 by student visa. I have a plan to apply for ILR - 10 years-basis.

I was on my student visa for seven years (2009-2016) and followed by dependent visa (2016-2019) which will be valid till Sep. 2019.

Please, could you kindly review my following queries and provide the best answers.

1- Can I submit my ILR application for 10-years long residence 28 days before completing ten years? (I did not see this in ILR application provided by HO).

2- 10 years count from the day I arrived in the UK or the date my entry clearance visa was granted?

3- I always extend my visas before the prior visa expired. However, the new visas always issued when the old visa had already expired. IS IT AN ISSUE FOR APPLYING FOR ILR?

4- HO rejected one of my student visas. They asked me that I have a right to appeal. The solicitor sent all documentation to the court. However, it was a mistake of HO when considering my application. After ten days of receiving the refusal letter, HO issued my visa. The solicitor then did an action and cancelled the court. However, HO did not tell me this was their mistake. But in the letter sent to them by my university, they pointed out that this was a clear mistake of HO. I have that letter. IS IT AN ISSUE FOR APPLYING FOR ILR?

5- I have several times travelled to the Ireland Republic as the company I am working for is an Irish business based in the UK. I was there totally ten days. In the ILR official webpage clearly says
Continuous residence is time you’ve spent in the UK without gaps.
You cannot count time spent in:
the Republic of Ireland, Isle of Man or Channel Islands.
IS IT AN ISSUE FOR APPLYING FOR ILR?

6- After graduation, I was looking for a job for 18 months. However, during this period I looked after my kid who was eight months and home whiles my wife was working. IS IT AN ISSUE FOR APPLYING FOR ILR?

I will be appreciated if you could answer to my questions.

Thanks

1. Yes you can apply within 28 days before reaching 10 years residence

2. It starts counting from the date you arrived in the UK.

3. Not an issue

4. Should be fine

5. It will be part of your absence liniy/total and not residence, which is what the paragraph means.

6. There is no requirement that you must have been employed.