Page 1 of 1
Gap in 10years
Posted: Wed Feb 12, 2020 7:48 pm
by Karish
Hi all members
I would be grateful if you could help me out.
Here is my immigration history:
I came in the uk 16 September 2009( my entry clearance start 21 August 2009) - had leave until 21 November 2010. I got refused because I didn’t have English certificate (IELTS) when renewing. I appealed and succeeded but Home Office didn’t respond for 2 yrs.
In June 2013 Home Office wrote to me allowing me to send a fresh application due to my sponsorship (college) is closed. I got 90 days leave outside the rule until 1 September 2013.
I applied on 30 August 2013 and got my visa on 17 Oct 2013 until 21 December 2015.
On 21 December 2015 I applied on my unmarried partner outside the rule and got refused on 24 January 2017 with right of appeal.
On 6 September 2018 Court refused my appeal and on 21 September 2018 I re apply. (Same on unmarried partner)
On 18 March 2019 Home office refused my application and sent another application on 11 April 2019.
I completely my 10 years on 16 September 2019 and separated from my partner end of September.
My solicitor varied my application on the 10 years basis on 29 December 2019 and live with my new partner (Irish) he is supporting me.
I done my biometric on 22 January 2020
I’m waiting for the Home office to reply on my application.
My questions are:
From 18 March 2019 until 11 April 2019 is it out of time application I made?
With your experience what chances do I have to be successfully
Thanks
Re: Gap in 10years
Posted: Thu Feb 13, 2020 4:06 am
by zimba
You do not have 10 years of
lawful residence since September 2018 when you exhausted your appeal. Your SET(LR) unlikely to succeed. This has been upheld in courts too (Ahmed's case). We have a long running thread on pretty much identical cases:
indefinite-leave-to-remain/ilr-10-years ... 81021.html
Re: Gap in 10years
Posted: Thu Feb 13, 2020 6:03 pm
by Karish
Thanks Zumba for clarifying the matter.
How can I resolve this issue.
Because my solicitor told me it’s 50/50 if Home Office apply discretion on my case or 39e can be applicable?
Re: Gap in 10years
Posted: Thu Feb 13, 2020 6:18 pm
by Karish
I just read the amendment version of the 39E Guidance :
Limited leave
Before 2 April 2007 it was not possible to grant limited leave to remain on the basis of long residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added to the Immigration Rules.
This allows long residence applicants to be granted limited leave to remain, if:
• they have had at least 10 years continuous lawful residence in the UK
• there are no reasons why it would be undesirable for them to be given leave to
remain, see: 10 years continuous lawful residence
• the applicant must not be in breach of immigration laws, except:
o for any period of overstaying for 28 days or less which will be disregarded where the period of overstaying ended before 24 November 2016
o where overstaying on or after 24 November 2016, leave was nevertheless granted in accordance with paragraph 39E of the Immigration Rules
Limited leave to remain is granted under paragraph 276A2 of the long residence category of the Immigration Rules, and not as an extension of their previous category of limited leave to remain. This means an applicant must meet the rules for long residence, and not the rules for their previous category.
Page 6 of 45 Published for Home Office staff on 28 October 2019
What is your point on the above guidance
Re: Gap in 10years
Posted: Fri Feb 14, 2020 1:34 am
by zimba
You do not meet the requirements of the long residence (10 years of lawful residence) so both limited leave or ILR will fail under paragraph 276. I also gone over your dates again and ironically paragraph 39E does not even apply to you. You did not apply within 14 days of becoming an overstayer in your last application (11 April 2019) as you already were an overstayer since your appeal failed in 2018. In my view, your lawful residence was broken when your application was refused on 18 March 2019 and you failed to regularise your stay.
Re: Gap in 10years
Posted: Fri Feb 14, 2020 3:55 pm
by Karish
Zimba thanks for your reply
Do you mean Home office will refuse my application on the ground of overstayed?
Re: Gap in 10years
Posted: Fri Feb 14, 2020 4:32 pm
by zimba
Karish wrote: ↑Fri Feb 14, 2020 3:55 pm
Zimba thanks for your reply
Do you mean Home office will refuse my application on the ground of overstayed?
No as you fail the long residence requirement but I'd say you case is not even relevant to issue of paragraph 39E as that does not even apply to you. So any future argument in the court is not gonna hold
Re: Gap in 10years
Posted: Fri Feb 14, 2020 4:38 pm
by Karish
On 18 March 2019 when home office refused my application they issued me a Bail notice and said seek legal advice ‘to make an application or leave UK’
Re: Gap in 10years
Posted: Fri Feb 14, 2020 4:40 pm
by zimba
Karish wrote: ↑Fri Feb 14, 2020 4:38 pm
On 18 March 2019 when home office refused my application they issued me a Bail notice and said seek legal advice ‘to make an application or leave UK’
That does not mean paragraph 39E applies. Even if it did, you do not qualify for ILR as courts have determined
Re: Gap in 10years
Posted: Sat Feb 15, 2020 12:53 pm
by Karish
Hi Zimba
Thanks for your reply. Hope you are doing well.
Do you think the home office might grant me leave under exception/discretion leave in my case?
Regards
Karishma
Re: Gap in 10years
Posted: Sun Feb 16, 2020 4:56 pm
by zimba
Karish wrote: ↑Sat Feb 15, 2020 12:53 pm
Hi Zimba
Thanks for your reply. Hope you are doing well.
Do you think the home office might grant me leave under exception/discretion leave in my case?
Regards
Karishma
Do you have any legitimate reason to be in the UK ?
Re: Gap in 10years
Posted: Sun Feb 16, 2020 7:00 pm
by Karish
Thanks Zimba for your reply
My partner is an Irish can I use this as legitimate reason?
Regards
Karish
Re: Gap in 10years
Posted: Mon Feb 17, 2020 12:29 am
by zimba
Karish wrote: ↑Sun Feb 16, 2020 7:00 pm
Thanks Zimba for your reply
My partner is an Irish can I use this as legitimate reason?
Regards
Karish
Possibly not. Your queries are not relevant to the scope of ILR. Being granted leave outside the rules or under human rights without a very strong case is not possible.
Re: Gap in 10years
Posted: Mon Feb 17, 2020 1:16 pm
by Karish
Thanks Zimba for providing the information and being honest with me TG is what I like honesty!.
Ok if I move on to a different category of application such as partner.
What do you think? Can I do that?
Thanks
Karishma
Re: Gap in 10years
Posted: Mon Feb 17, 2020 4:24 pm
by zimba
Karish wrote: ↑Mon Feb 17, 2020 1:16 pm
Thanks Zimba for providing the information and being honest with me TG is what I like honesty!.
Ok if I move on to a different category of application such as partner.
What do you think? Can I do that?
Thanks
Karishma
There is no such route for simply having a partner. Your relationship should be genuine, akin to marriage and subsisting. Simply having a partner is not gonna cut it. As I said it is outside the scope of ILR.
Re: Gap in 10years
Posted: Mon Feb 17, 2020 9:20 pm
by Karish
Hi Zimba I am in a relationship with an Irish citizen living and working in the uk or many years.
When I varied my application to set LR last December I have informed the Home office already that I’m in a relationship with an Irish citizen and they have requested evidences regarding our relationship.
My question is if my set Lr application gets refused, Can I apply on my Irish partner?
But my worry is that I won’t be able to show evidences for living together for the last 2 years as I just moved in with him. we will be able to provide evidences such as joint utility bills, joint bank account, etc for 6/7months.
Which category do I need to apply if I need to?
Regards
Karishma
Re: Gap in 10years
Posted: Tue Feb 18, 2020 2:55 am
by zimba
You mentioned above that you separated from your partner end of September
Without strong evidence of a relationship akin to marriage in the last two years, the chances are quite low. You may have to look at the EU settlement scheme when your partner is Irish (an EU citizen). Please start a new topic in the EEA sub forum. As I said this is not relevant to ILR anymore
Re: Gap in 10years
Posted: Tue Feb 18, 2020 7:50 am
by Karish
Good morning Zimba
I will start in a new one but mine is a mixed.
Yes I ended my relationship in September 2019 with my British partner while my (10 April 2019) application was pending at the home.
And I varied my application to set Lr on December 2019 and live with my new Irish partner from December and also informed the Home office when I varied my application to set Lr.
And home office has requested me evidences on my
/our relationship that started last December.
Therefore my question is if my set Lr gets refused can I apply on my Irish partner.
( if you say so then I can start a new topic)
Thanks Zimba for all your support
Re: Gap in 10years
Posted: Tue Feb 18, 2020 4:42 pm
by zimba
Zimba wrote: ↑Tue Feb 18, 2020 2:55 am
Without strong evidence of a relationship akin to marriage in
the last two years, the chances are quite low.
Re: Gap in 10years
Posted: Mon Feb 24, 2020 11:55 am
by Karish
Hi Zimba
Sorry for the late reply and thank you for your honest response.
Regards
Re: Gap in 10years
Posted: Thu Feb 27, 2020 11:25 pm
by Karish
Hi Zimba
Hope you ok
Will I get refund on my previous application (11 April 2019) and my IHS ?
Re: Gap in 10years
Posted: Thu Feb 27, 2020 11:39 pm
by zimba
Probably. Refunds are issued automatically
Re: Gap in 10years
Posted: Thu Feb 27, 2020 11:47 pm
by Karish
Thanks for your reply.
When can I expect the refund.
As you know my situation I split from my British partner and used to share a bank account but unfortunately I have to close it due to our separation. My previous fees for IHS and application were deducted from the joint bank account and now it’s closed. How can I inform the home office to let them know that they joint Bank Accounts is closed and will they accept another bank account to do the refund
Please I need your advice!
Re: Gap in 10years
Posted: Thu Feb 27, 2020 11:49 pm
by zimba
Karish wrote: ↑Thu Feb 27, 2020 11:47 pm
Thanks for your reply.
When can I expect the refund.
As you know my situation I split from my British partner and used to share a bank account but unfortunately I have to close it due to our separation. My previous fees for IHS and application were deducted from the joint bank account and now it’s closed. How can I inform the home office to let them know that they joint Bank Accounts is closed and will they accept another bank account to do the refund
Please I need your advice!
I do not know to be honest with you
Re: Gap in 10years
Posted: Thu Feb 27, 2020 11:53 pm
by Karish
Appreciated!
What about if I request my solicitor to write a letter to Home office explaining my current bank account situation