Immigrationboards.com

Dear lovely people,
I really need your urgent advice regarding my situation.

I am applying for ILR, 10 years route. I am planning to submit my application on 10th Feb 2019. I have been here for 10 years and from 2009 - 2014 I held Tier 4 visas. In 2014, I applied for asylum before my Tier 4 visa expired. My asylum was initially refused by the Home Office and I had to appeal the decision which later was granted by a Tribunal. From October 2014 - January 2016 I was waiting for the court to hear my case (I had no valid visa), but my case was pending hearing.

So my question, is my lawful continuous residency in the UK has been breaking because my asylum has been refused and the fact I had to wait for almost a year without valid Leave or this period is covered under section C3?

I would very much appreciate any insights and help on this matter. I know for people who get refused when they apply for visas, to avoid breaching rules e.g., overstaying, article C3 covers them, but not sure in the case of an asylum claim.

Please please help me with this

Many thanks

Asylum is not under uk immigration system. You 3c was ended when you tier 4 expired in 2014.
So unfortunately there is nothing you can do except waiting for 5 years to complete if your asylum is granted.

Momi wrote: ↑

Wed Jan 30, 2019 10:13 pm

Asylum is not under uk immigration system. You 3c was ended when you tier 4 expired in 2014.
So unfortunately there is nothing you can do except waiting for 5 years to complete if your asylum is granted.

That is incorrect. As the asylum application was in-time and the appeal was pending, the leave was extend by the virtue of section 3C until grant of asylum. So the OP is eligible under long residence (Section 3C)

Thank you ever so much, Zimba! I am not sure now because Momi (senior member) made me more confused about this issue. Shall I completely ignore his post and follow yours (I take full responsibility not you).

We all make mistakes and sometimes the advice given is not correct
The UK immigration rules cover the grant of asylum and its procedures (Immigration Rules part 11: asylum)

Thank you so much again, Zima!! You always very helpful in your replies and I really appreciate that!