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ILR Application bases on 10 year route

Posted: Tue Nov 17, 2020 1:38 am
by Mustafa0101
Very respectable members

I am came to this 15 October 2010 in Uk .
All application was made in-time application throughout 10 years. Currently I have tier1 enterpenure visa

One of tier1 visa refused xyz date 2019 and applied admin review within 14 days of visa refusal .. decisions was unchanged.. applied fresh application of tier1 visa Within 14 days of refusal of admin review which was granted tier1 visa again
Question is visa refused I followed all procedures within time frames and I have completed my 10 years in this country
Could you please help me my 3c session break once when admin Review was refused. Applied visa again on same ground visa granted again where I am standing according to 10 years rules .. I have studied all guides policy which couldn’t get me clear this point .. anyone help me with rules where I M stand now for long residency point of view please

Re: ILR Application bases on 10 year route

Posted: Tue Nov 17, 2020 9:32 am
by Mustafa0101
Waiting for reply please x

Re: ILR Application bases on 10 year route

Posted: Tue Nov 17, 2020 11:03 am
by zimba
Paragraph 39E applies. So the period of overstaying will be disregarded

ILR APPLICATION REFUSED BY CASE WORK DUE MISUNDERSTANDNG

Posted: Tue Mar 26, 2024 2:18 am
by Mustafa0101
b]YESTERDAY MY WIFE WAS REFUSED JUST BECAUSE CASE WORK THING SHE DID NOT MEET CRITIRA
AS STATED BY CASE WORK IN HIS EXPLATION

We are satisfied that you have held lawful leave from your entry into the UK on 17 August 2013 until 1 November 2019 when your administrative review was completed which is a period of 6 years, 2 months and 15 days and from 4 September 2020 when you were granted leave to remain until date of consideration which is a period of 3 years, 6 months and 21 days. These two periods once combined are a total period of continuous leave of 9 years, 9 months and 6 days.

Therefore it is considered that you have completed two periods of continuous lawful leave, neither of which have been for a period of at least 10 years, or once combined are for a period of at least 10 years. Therefore, as you have not completed 10 years continuous lawful leave in the UK, you are unable to meet paragraph 276B(i)(a) of these Rules.
.............................................................................................
THIS HISTORY OF UK STAY
On 17 August 2013 you entered the UK with leave to enter as a Tier 1 Partner valid until 26 April 2014.

On 26 March 2014 you submitted an in time application for leave to remain as a Tier 1 dependent partner. On 23 April 2014 you were granted leave to remain valid until 23 April 2017.

On 21 April 2017 you submitted an in time application for leave to remain as a Tier 1 dependent partner. On 26 July 2019 your application was refused. On 26 September 2019 you requested an administrative review. On 1 November 2019 the administrative review was completed and our original decision was maintained.

On 12 November 2019 you submitted an out of time application for leave to remain as a Tier 1 dependent partner. On 19 February 2020 your application was rejected. On 2 March 2020 you requested an administrative review. On 15 April 2020 we advised that your application had been rejected in error and to submit a new application to reinstate your application.

On 12 November 2019 you submitted an in time application for leave to remain as a Tier 1 dependent partner. On 4 September 2020 you were granted leave to remain valid until 4 September 2022.

Please note that the above application was submitted on 16 April 2020 but as you were advised in our correspondence of 15 April 2020 that your date of submission would be treated as 12 November 2019 as your previous application was rejected in error.

On 1 September 2022 you submitted an in time application for leave to remain as a spouse. On 26 October 2022 you were granted leave to remain valid until 29 April 2025.

On 3 January 2024 you submitted an in time application for Indefinite Leave to Remain on the basis of 10 years long residency.

CAN YOU PLEASE ADVICE ME WHAT TO DO NEXT AS I HAVE STILL VAILD VISA TILL END OF THIS YEAR .
MY WIFE GOT REJECTION ON ABOVE IMMIGRATION HISTORY AND OTHER HAND I HAVE GOT ILR BACK IN 2020 - 2021 , ANYONE CAN HELP ME PLAEE

Re: ILR APPLICATION REFUSED BY CASE WORK DUE MISUNDERSTANDNG

Posted: Tue Mar 26, 2024 10:03 am
by zimba
As I advised before, I believe the caseworker has failed to exercise discretion in line with paragraph 39E for a gap in lawful residence.