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Counting of 10 year continuous stay for ilr

Posted: Wed Jun 26, 2019 12:09 am
by Bobi89
Hi,

I am planning to apply for ILR based on 10 years continuous stay. I entered UK on 12 August 2009. During my 10 years period, I have a period of waiting (around 2 months) for an appeal result as I had applied for Tier 1 visa and got rejected. During this 2 months appeal waiting time my previous visa was already expired, and I was just waiting for appeal result.

I know that on home office website it mentions "You can apply to settle in the UK if you’ve been in the UK legally for 10 continuous years", however it is not clear to me that this appeal time can be counted as part of 10 continuous years.

Could you please advise? Can I apply for ILR on 12 August 2019 or do I need to wait more? Thanks

Re: Counting of 10 year continuous stay for ilr

Posted: Wed Jun 26, 2019 10:37 am
by dan883
Please provide the timeline for more precise advise from the senior members.

Re: Counting of 10 year continuous stay for ilr

Posted: Wed Jun 26, 2019 1:39 pm
by zimba
Time spent while an appeal is pending will be counted as lawful

Re: Counting of 10 year continuous stay for ilr

Posted: Wed Jun 26, 2019 9:26 pm
by Bobi89
Thanks for the reply. I will do same day application. Do I have to wait until 12 August or can I apply before that date? Does 28 days rule also apply same day applications?

Thanks

Re: Counting of 10 year continuous stay for ilr

Posted: Thu Jun 27, 2019 12:01 am
by zimba
28 days concession applies