10 year long residence.

[Uzairhussain]

Hi Everyone, this is the first time I came to this platform and I hope that it will be very helpful.

I came to U.K. as a tier 4 student entered on 30th June 2011 with a valid visa expired on 23rd October 2013. I submitted my application on 22nd October 2013 and got the refusal on 11th December 2013 with the right of appeal. I submitted my appeal within time and I won my appeal in March 2014 and since then my solicitor was keep contacting to the Home office for consideration, sent at-least 4-5 letters but didn’t get any reply but in late April 2015 they sent a refusal stating that they have sent me 60 days letter in November 2014 and I didn’t submit my CAS so they refused with the right of appeal. I lodged an appeal within time and won my appeal and judge was great she did a scrutiny and said home office was negligent dealing my case. Again it was reconsidered and refused with the right of appeal in 2016 and I submitted my appeal and won in 2017. Home office reconsidered my application again in 2019 sending 60 days but I couldn’t get admission and sent refusals from different universities and it got refused in December 2020 and I submitted my appeal in time and waiting for hearing date. Now I have completed my 10 years and 1 month.

Travel history.

Spain 2012: 10 days
Pakistan May 2012: 17 days

Is there chance of applying ILR on the basis of long residence ???

[zimba]

Did you ever apply for a new application during this time or was it just that original application being reconsidered over and over again ? I highly suggest getting an SAR

[Uzairhussain]

Hi,
I didn’t make any fresh application since 2013 same application is being continued.

Sorry I didn’t get what is SAR?

[Uzairhussain]

Don’t know how to upload a recent refusal ?

[zimba]

Hi,
I didn’t make any fresh application since 2013 same application is being continued.

Sorry I didn’t get what is SAR?

Subject access request from UKVI

https://www.gov.uk/government/publicati ... mmigration

[Nightshade]

How/why was your case allowed and then refused and done so multiple times for the same case? You'd think they'd settle on a decision. It's a pretty strange situation.


Your timelines don't reveal enough information but if you have been on section 3C all this time somehow despite it being part of the same application from 2013 then it may be possible (although since you can't vary the application as it has already started being considered I don't think it would be possible)
But if you have overstayed at any point then you definitely don't qualify yet, as you didn't regulsrise your stay and have an open ended overstay, which is not enough to qualify for ILR.

I'd suggest getting a SAR too, choose the "Detailed" option which costs about £10. Though I'm not sure if Home office is doing any detailed SAR requests at the moment.

[Nightshade]

I may be wrong about how far you can vary the application though. I don't know if it's possible to vary the application in appeal phase.

[vinny]

See also Long Residence

The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal

[Uzairhussain]

The reason my application was refused and reconsidered over and over again because when I submitted my application in 2013 they retained my passport and my English test was expired. When I won my appeal in 2014 they refused my application without sending me my passport to sit for an exam and I wasn’t be able to provide them CAS. So I appealed against the decision and won my appeal in 2016 again it was reconsidered refused because they sent me certified copy of my passport which was not accepted by the test providers, because of that I couldn’t sit for exam and university didn’t offer me any admission. following that I submitted my appeal against the decision and won my appeal in 2017 and it was reconsidered in 2019 by sending my passport but universities refused to give me an admission relied on 60 days letter so my solicitor sent them letter stating all the situation but they refused my application with right of appeal in December 2020.

I didn’t know about right of work check service until 2017, my solicitor told me to do so since January 2017 my employers are checking right of working which is coming positive even recently they checked it is valid until jan 2022.

My lawyer is saying you should apply ILR.

June2011 - October 2013 : I had valid visa
October 2013- current : appeals are ongoing

[zimba]

Then I argue that you can apply for ILR indeed but you must withdraw your appeal first. This will render you an overstayer which means you cannot work while ILR is being considered. Just so that you know

[Uzairhussain]

Thank you so much for assisting me, still I have one question as I have mentioned above in first post that home office claimed in 2015 appeal that I have refused to take 60days letter in 2014 November when first time I won my appeal but it was clearly backed by the judge that me and my representative was waiting for the decision for so long so how they can refuse to to take such an important document from the Homeoffice. Do you think this thing breaks the continuity??

[zimba]

Thank you so much for assisting me, still I have one question as I have mentioned above in first post that home office claimed in 2015 appeal that I have refused to take 60days letter in 2014 November when first time I won my appeal but it was clearly backed by the judge that me and my representative was waiting for the decision for so long so how they can refuse to to take such an important document from the Homeoffice. Do you think this thing breaks the continuity??

No

[Uzairhussain]

Application submitted and biometrics submitted too on 30th July 2021.please pray for me.

One question please I submitted my b2 trinity college passed in august 2019 do you think there will be any problem with that?

[zimba]

Yes it should be fine

[Uzairhussain]

Thx Zimba

[Uzairhussain]

Hi,

Please anyone can guide me and help as I’m about to apply ILR for my sister and nephew after 5 year spouse visa.

From which date do we need to provide cohabitation documents?
Do I have to explain HO calculations for income threshold or they will calculate themselves by documents?

As my employment letters says 20600 per year and I have savings as well which can be added to it.

Please guide me

[CR001]

Hi,

Please anyone can guide me and help as I’m about to apply ILR for my sister and nephew after 5 year spouse visa.

From which date do we need to provide cohabitation documents?
Do I have to explain HO calculations for income threshold or they will calculate themselves by documents?

As my employment letters says 20600 per year and I have savings as well which can be added to it.

Please guide me

Please start a new different topic for these questions as they are not relevant to the long residence ILR thread.

[Uzairhussain]

Hi,

Thankyou so much guys for assisting me, Zimba you are quite familiar with my case and you have read everything stated above. My solicitors has submitted the bundle and in response HO has decided to withdraw the immigration decision and giving me 6 months DLR. They have requested HMCTS to accepts the decision and vacates the appeal hearing.
I am quite worried now my IlR application is submitted in July 2021 almost 3 months now. What will happen. There system must be showing that I have ilr application the y issuing me 6 months DLR.

Really worried please share your thoughts.

[Uzairhussain]

Please moderators help me, I have provided my immigration history explicitly. Please assist me.

[zimba]

Ask your solicitor to follow it up with UKVI. You asked if you can apply for SET(LR) and we confirmed you can.