Immigrationboards.com

Hi,

I came to the UK on October 2011 on a Student Visa.
It was renewed but on Feb 2013, while I still had 2 years on my T4 Student Visa, I applied for Asylum.

I was interviewed after 2 years and was refused and appeal rights exhausted on 19/04/2016.

I sent Further Submissions (Fresh Claim) in November 2017 and I was granted Refugee status on July 2019.

Normally, I would qualify for ILR in July 2024 however, I was told I might be able to apply for ILR on the basis of long residence.

The only issue is the gap between 2016 (Appeal rights exhausted and 2017 when I submitted my FS in Liverpool). Does that count as a new application or is it treated as part of my initial asylum application I made back in 2013? Because on my grant letter it says you have applied for asylum in Feb 2013.

I have also adhered to my reporting and other conditions set out in my IS96 letter.

I have just passed my Life in the UK test and got the B1 in Trinity (even though I could theoretically use my degree/expired IELTS certificate) just to be on the safe side.

Please advise if I have any chances of approval as it is very important for me to get my ILR earlier than 2024 as I am about to make a mortgage application and lenders don't really like Refugee visa.

Thanks!

ILR under long residence is not granted for merely living here. It is based on a 10 years of lawful and continuous residence in the UK which is very specifically defined under the rules. As far as it looks from what you described, you have overstayed for more than a year in the UK between 2016 and 2019. That means your Section 3C ended in 2016 and you were an overstayer until 2019 when your refugee status was granted. An overstaying gap is unlawful stay and therefore you may not have 10 years of lawful stay to be eligible under the long residence. Following the IS96 reporting requirement does not change anything. Were you issued immigration bail in 2016 after being refused ?

I was not issued with a new immigration bail in 2016 after appeal rights exhausted.

The only IS69 (temporary admission) I received was in 2013 following my initial claim and then when I submitted FS in 2019, I received another IS96 with the title : variation of immigration bail.

GuerillaMethod wrote: ↑

Mon Nov 08, 2021 7:54 am

I was not issued with a new immigration bail in 2016 after appeal rights exhausted.

The only IS69 (temporary admission) I received was in 2013 following my initial claim and then when I submitted FS in 2019, I received another IS96 with the title : variation of immigration bail.

I suggest applying for SAR to get a proper picture: https://www.gov.uk/government/publicati ... mmigration

As you described your circumstances, it does not look you are eligible.