ILR, other reasons to stay!

[hanisaif]

Hi,

I have a question regarding the ILR via the 10 years long residency route which I am intending to apply for with the next two months, I hope someone would help me answer my question as I am quite confused, and scared truth be told.

Please bear with me, I came to the UK as a PhD student on a Tier 4 visa in 2009 for about 4 years then got an employment which lasted for about 1.5 years. I then tried to apply for other jobs but no luck. As the situation back in Libya was pretty bad and I wasn't eligible for any other type of visa, I applied for an FLR(O). The FLR(O) was of course refused, I appealed against the decision. As I submitted the appeal, I got a job offer at Cambridge University, I then withdrew the appeal before it was look at and applied for Tier 2. The application was accepted. I then applied 2 other times for a Tier 2 and were accepted. I am still on Tier 2 which expires in August this year.

Now there is twist, when I applied for the FLR(O) appeal I was told that it was out of time. It was not, my solicitor submitted an evidence that we submit the appeal on time (there was a fax letter sent to the court). The judge ruled that it was indeed made on time.

My question: would the FLR(O) affect my ILR application in any way? would it be considered that I didn't keep in terms with the visa? would that period be considered as an overstay? Bear in mind that I was granted Tier visa 3 times after the FLR(O).

I would really appreciate any advice.

Regards,

Hani.

[zimba]

As it was accepted as in-time, then section 3C continued until you withdrew. The period of overstaying between withdrawal and grant of Tier 2 will be disregarded for long residence

[hanisaif]

Thank you so much for the clarification, really appreciate it.

Regards
Hani

[hanisaif]

Hi again,

In the ILR application the UKVI asks for Home Office reference numbers from previous application. How many reference numbers should be given? The latest one, or all of the previous ones? If the latter case is true, would it be an issue if one reference number is not given?

Many of thanks again for your help.

Regards,
Hani

[zimba]

No need to fill that in

[hanisaif]

Many thanks once more.

[hanisaif]

Hi Gurus,

In the ILR application, should I mention the fact that I am an atheist (ex-muslim), in the Other reasons to stay in the UK section? Not that I have a specific past threat if I go back to my home country (where Islam is the only religion), but in the UK I live in peace and with peace of mind since my right to freedom of religion and belief is protected by law. If it becomes known, even my family does not know, I can't imagine the ramifications!

Thank you.
Hani.

[FaeLLe]

Depends what route you are applying under, if under refugee status I would say so.
But if any other route I hope the real reason you want to stay here is because it is the center of your life.

[hanisaif]

Thanks for your reply.
No it isn't via the refugee route. It is via the 10 years long residence Tier 4 then Tier 2. For the past almost 10 years I have built a career in the UK and made a living so indeed my life is centred here. I of course respect the religious or irreligious choices of all people. However, I am also an atheist, so living a secular society that protects the right of its residents to freedom of belief is a major reason for me to want to stay and live in such society, not merely because it is convenient.

[FaeLLe]

Thanks for your reply.
No it isn't via the refugee route. It is via the 10 years long residence Tier 4 then Tier 2. For the past almost 10 years I have built a career in the UK and made a living so indeed my life is centred here. I of course respect the religious or irreligious choices of all people. However, I am also an atheist, so living a secular society that protects the right of its residents to freedom of belief is a major reason for me to want to stay and live in such society, not merely because it is convenient.

Then cite all of the major reasons, how will you prove you are at threat because you are an atheist if asked..if you can't justify things why bother?

Apart from that see this
indefinite-leave-to-remain/set-lr-do-yo ... 72528.html

[hanisaif]

Thanks again for your reply. You are right. I think mentioning it might just inadvertently complicates things. On a side note, just being an atheist, or more specifically a leaver of Islam, on its own in a Muslim country could be life threatening. It is not something one can hide, one has to practise it, pray 5 times, fast etc. an everyday ongoing activity. During my short visits, I just pretend it to avoid any conflicts. Socially one could be disowned by own family, forced to divorce if married, become an outcast, get discriminated against or prosequted by the authories (in my case there isn't one, there are many fighting for power, so any fanatic could take matters into their own hands).

[hanisaif]

P. S. I think you guys are doing a fantastic job, helping out people in need of advice. So thanks again.

[CULLINAN]

Thanks again for your reply. You are right. I think mentioning it might just inadvertently complicates things. On a side note, just being an atheist, or more specifically a leaver of Islam, on its own in a Muslim country could be life threatening. It is not something one can hide, one has to practise it, pray 5 times, fast etc. an everyday ongoing activity. During my short visits, I just pretend it to avoid any conflicts. Socially one could be disowned by own family, forced to divorce if married, become an outcast, get discriminated against or prosequted by the authories (in my case there isn't one, there are many fighting for power, so any fanatic could take matters into their own hands).

You not necessarily have to be a practicing Muslim even if you are not an atheist.

[hanisaif]

Not sure if I get what you're saying! I am not practising Islam because I no longer believe in it, or in any other religion for that matter, not because I feel lazy to be a muslim or practice Islam. Or should I just carry on pretending my whole life that I am a muslim! Name on country where Islam is the majority religion, where one wouldn't be at least discriminated against, socially, economically or legally! even if one's family accept him/her, society won't. If muslims in the west shame muslim women who remove or don't ware Hijab or people who don't pray, what would you expect they do in their native countries.

[CULLINAN]

Not sure if I get what you're saying! I am not practising Islam because I no longer believe in it, or in any other religion for that matter, not because I feel lazy to be a muslim or practice Islam. Or should I just carry on pretending my whole life that I am a muslim! Name on country where Islam is the majority religion, where one wouldn't be at least discriminated against, socially, economically or legally! even if one's family accept him/her, society won't. If muslims in the west shame muslim women who remove or don't ware Hijab or people who don't pray, what would you expect they do in their native countries.

I do not want to start a religious debate on an immigration forum. With all due respect to your religious beliefs, please do not stereotype all Muslims as being pushed to “practice” or being intolerant of other beliefs and do not portray Islam as a religion of force.

All I meant was that anyone can be a Hindu, Muslim, Sikh, Chritsian but not necessarily a practicing one. I am a Muslim and I can vouch no one is forcing me to be a “practicing” Muslim including my family, friends, society back home etc.

[hanisaif]

I am not trying to debate religion either. But don't you see the irony here when you say "anyone can be a Hindu, Muslim, Sikh, Chritsian but not necessarily a practicing one", and "please do not stereotype all Muslims as being pushed to “practice” or being intolerant of other beliefs and do not portray Islam as a religion of force". You can't even fathom the idea of someone not believing in your religion anymore!

I was a muslim and I am a native Arabic speaker, Islam was and has been intolerant and a religion of force, if you don't read and understand your own religion'' texts and history, that is no issue of mine.

Let me put it simply, I am not a muslim and do not want to be a non-practicing muslim. You're lucky that no one is forcing you to practice Islam, but couldn't that be because you're already a muslim!! what do you think would the reaction of your family, friends, etc be if you tell them, just for a joke, that you no longer believe in Islam or Mohamad? give it a thought.

[CR001]

This topic will be locked if this discussion continues to veer in this direction.

At the OP, you are overthinking this question completely. It really is a very simple answer if you actually just think about it.

[hanisaif]

Fair enough, and apologies to all for any inconvenience.

[CULLINAN]

Goodluck for your ILR