Immigrationboards.com

Hi guys,

I found this website while looking for information about the new changes of uk immigration rules. I will be finishing 10 years living in the uk in January next year but according to the new changes I am not sure if i am eligible to apply for Indefinite leave to remain or not. All my visas is okay except some time spent on a temporary admission. Actually i am not sure if it is called a temporary admission. I was on a teir 4 visa and applied for humanitarian protection at the last minute. My visa was valid when (extended by the home office coz of Covid 19 ). So I applied for humanitarian protection and I was successfully granted HP after 7 months. I was not allowed to work during this 7 months and I have been given a form saying that I am not allowed to work. So I guess my visa is not extended and I was on a temporary admission. So my question now is this mean the clock of the ten years re-set so I have to count from Zero? Or I just have to wait longer for another 7 months to finish the ten years? I mean instead of applying in January I just need to wait and apply in July for example? Looking forward to hearing from you and hopefully good news. Thanks

When you applied for humanitarian protection what visa did you hold ? Did you apply for Covid concession before that ?

When I applied for HP, I hold T4 visa (doctoral extension scheme) expired on12/06/2020. I haven’t applied for anything but the home office provided extension automatically for many people coz of Covid-19. I received my extension through email which expired on 31/07/2020. I applied for HP around 10 days before my extension expired through a phone call and I have been given an appointment for first interview on 31/07/2020. So it was on the last day of my visa.

Just re-read your reply. Yes I applied for HP after I got Covid-19 extension.

Waiting for you reply @Zimpa plz

Thanks

UKVI extended everyone's visa until 31/07/2020 when they applied, so you had your visa expiry amended until then and that was not a temporary permission. As you applied for asylum before your visa expiry, you should be good for the long residence

Thanks very much Zimba for your answer but is this can be deemed as an immigration bail then? Cos I asked two lawyers and they said that my long residence was broken cos of this time of wait. They said that cos I was restricted during it (I was not allowed to work and given a notice of restriction, form IS. 248). Thanks

You could not be placed under immigration bail as you had a valid visa and you made an in-country in-time application for asylum. Note that the law allows the UKVI to impose section 71 restrictions and issue a notice of restriction (IS.248). That does not mean you were placed under an immigration bail though.

Here is what the immigration bail guide says:

Asylum claims from persons with leave
An individual who claims asylum in the United Kingdom while they have valid leave to enter or remain in another category cannot be placed on immigration bail. They may be subject to conditions under section 71 of the Nationality, Immigration and Asylum Act 2002 instead. Section 71 allows such a person to be made subject to such conditions as may be placed on a grant of immigration bail. Such persons should be served with a Notice of Restriction to a person who has made an incountry in-time claim for asylum (IS.248).

https://assets.publishing.service.gov.u ... n_bail.pdf

Great news!!!! That is what I understood from the beginning when I have done my search about the new changes but lawyers confused me! I am so so thankful Zimba for the answer!! But just another question for you (feel free not to answer). Are you a lawyer? Just for more reassurance. Thanks a lot!!

Hadid wrote: ↑

Tue May 02, 2023 3:39 pm

Great news!!!! That is what I understood from the beginning when I have done my search about the new changes but lawyers confused me! I am so so thankful Zimba for the answer!! But just another question for you (feel free not to answer). Are you a lawyer? Just for more reassurance. Thanks a lot!!

No, I'm not a lawyer. I'm an engineer

You should work as a lawyer then!

Wishing you the best in whatever path you choose