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ILR 13 years lawful resident continue

Posted: Tue Jul 09, 2019 6:01 pm
by KarineAnne85
Hi ,
I'm about to apply for ILR long residence and i can see that there is a gap between my student visa even though i've never sent my application late while i was a student,also is the time between the appeal and the decision counts as a lawful residence is it going to cause a problem when i'll apply .
Visa1 06/07/2006 24/12/2007 Student visa
Visa2 20/03/2008 31/10/2010 Student visa
Visa 3 19/07/2011 19/07/2013 PSW
Mariage 21/05/2013
Application for spouse visa on 10/07/2013 ,HO response 16/01/2014 HO denied
Appeal date 23/09/2014
Determination of court decision of appeal granted on 08/10/2014
Visa4 28/11/2014 to 28/11/2019 Residence card of a family member of an EEA national

thanks .

Re: ILR 13 years lawful resident continue

Posted: Tue Jul 09, 2019 6:21 pm
by secret.simon
KarineAnne85 wrote:
Tue Jul 09, 2019 6:01 pm
also is the time between the appeal and the decision counts as a lawful residence
How did you appeal? Time on administrative review counts towards continuous residence, time on judicial review generally does not.
KarineAnne85 wrote:
Tue Jul 09, 2019 6:01 pm
i can see that there is a gap between my student visa even though i've never sent my application late while i was a student
Was every extension application submitted before the previous leave expired?

Re: ILR 13 years lawful resident continue

Posted: Tue Jul 09, 2019 6:27 pm
by CR001
Mariage 21/05/2013
Visa4 28/11/2014 to 28/11/2019 Residence card of a family member of an EEA national
Also, are you still married to your EU spouse??

Why was the RC initially refused?

What evidence of the EU spouse exercising treaty rights since the date of marriage and for the whole time you are counting EEA RC time (assuming you married within the UK)?
Application for spouse visa on 10/07/2013 ,HO response 16/01/2014 HO denied
Appeal date 23/09/2014
Determination of court decision of appeal granted on 08/10/2014
By "spouse visa", presumably you mean and EEA RC and not the UK spouse settlement visa?

Why ilr long residence costing over £2k when you could apply for settled status under Appendix EU for free, also giving you ilr??

Re: ILR 13 years lawful resident continue

Posted: Wed Jul 10, 2019 12:01 pm
by KarineAnne85
Hello Croo1 and secret.simon and thank you for your replies:)

Was every extension application submitted before the previous leave expired? Yes
I've asked for a subject access request to the HO and i'm waiting for my full immigration history.
How did you appeal? Time on administrative review counts towards continuous residence, time on judicial review generally does not: I've applied as soon as I've received the response from the HO.

Does the period from the appeal date to the decision counts as a time on judicial review ?
Appeal date 23/09/2014
Determination of court decision of appeal granted on 08/10/2014
Visa4 28/11/2014

Also, are you still married to your EU spouse??YES

Why was the RC initially refused?Marriage of convenience

Re: ILR 13 years lawful resident continue

Posted: Wed Jul 10, 2019 12:03 pm
by CR001
CR001 wrote:
Tue Jul 09, 2019 6:27 pm
Mariage 21/05/2013
Visa4 28/11/2014 to 28/11/2019 Residence card of a family member of an EEA national
Also, are you still married to your EU spouse??

Why was the RC initially refused?

What evidence of the EU spouse exercising treaty rights since the date of marriage and for the whole time you are counting EEA RC time (assuming you married within the UK)?
Application for spouse visa on 10/07/2013 ,HO response 16/01/2014 HO denied
Appeal date 23/09/2014
Determination of court decision of appeal granted on 08/10/2014
By "spouse visa", presumably you mean and EEA RC and not the UK spouse settlement visa?

Why ilr long residence costing over £2k when you could apply for settled status under Appendix EU for free, also giving you ilr??

Re: ILR Set Lr

Posted: Thu Oct 03, 2019 2:37 pm
by KarineAnne85
Hello,
Super priority Appointment at Croydon : 27Sept at 08am
Email from case worker for more documents : 27Sept at 15.32pm
The case worker wants the evidence of cohabitation with my EU Husband ,the document checklist only requested documents for 2 years and the case worker emailed me for documents since 2014 from 5 official sources .
Documents sent:01st October
Still no answer from the case worker .
Where do i check my application status?
I've checked everywhere and can't find any information about my status .
Where can i check the status ?


Do you think i can escalate ?

Thank you for your help

Re: ILR Set Lr

Posted: Thu Oct 03, 2019 2:44 pm
by CR001
Topics merged.

Your were advised of this that extensive documentation for the WHOLE period on the EEA route if you chose Set(LR) was required and you were not apply using the EU Settled Scheme.

There is no online status check website. You have to wait to hear back from HO.

Re: ILR Set Lr

Posted: Thu Oct 03, 2019 2:53 pm
by KarineAnne85
Thank you.
I'll keep you posted.
Thanks,
K

Re: ILR Set Lr

Posted: Thu Oct 03, 2019 5:59 pm
by KarineAnne85
Approval letter received today ,can i ask for a refund ? as the application took more than 24h and the fact that they have asked more documents other than the one on the document checklist?
Thank you

Re: ILR Set Lr

Posted: Thu Oct 03, 2019 6:07 pm
by CR001
Unlikely as ho was in contact with you on the same day of your appointment and possibly their email did state a delay due to requesting documents you did not provide initially.

That aside, refunds are automatic and your letter would state if you will get one.