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Applied in accordance with Paragraph 39E (2,b).

Posted: Wed Oct 14, 2020 3:59 pm
by sazonsezan
Dear All,
I need your kind advice and suggestion in my situation.

I am currently In the UK 9 years and 7 months. All of my leave was valid and all of my previous application was made in time.

On 12 October I made a application in 12 days in accordance with Paragraph 39E (2,b) after my appeal finally determined.

will this break Continue 10 years long residence?

If not break, would you please kindly give me advise which strategy/approach shall I take in order to complete 10 years long residence, like, such as.. shall I vary the application or (wait up until the decision, I mean is the second application also apply paragraph 39E).

look forward to see your kind advise and response.

Re: RE: Applied in accordance with Paragraph 39E (2,b).

Posted: Wed Oct 14, 2020 4:36 pm
by zimba
Paragraph 39E does NOT enable you to covers 10 years of lawful residence unless you regularise your stay. You are currently an overstayer and so your lawful residence does not continue unless your current application is granted. This has been upheld by the courts so far

The sticky topic on top of the forum covers this (The famous Ahmed's case): ILR 10 years lawful resident and paragraph 39E

Re: RE: Applied in accordance with Paragraph 39E (2,b).

Posted: Wed Oct 14, 2020 11:15 pm
by sazonsezan
Dear Zimba,

Thank you for your email.

It is mean that if the home office grant me further leave to remain than will it be ok?

I have seen in this platform that many people Vary their application such FLR(FP) then SET (0) then LR. will this be ok?

I have not got the appointment yet for my application.
do you have any suggestion for me?
thnak you.

Re: RE: Applied in accordance with Paragraph 39E (2,b).

Posted: Thu Oct 15, 2020 10:40 am
by zimba
As I said, your application must be granted. Variation or not has no effect. If you vary, the application still needs to be granted.