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I want to apply for ILR under the 10 year rule but not sure if I'm eligible.

My ealier application for ILR was not successful nor the appeal which was dismissed on 23 May 2006. Since then the Home Office did not issue me a letter to be removed from the UK and have kept my passport and birth certificate with them. Not hearing from them, I decided to keep on staying. Now its been exatly 10 years continuous that I have live and work in the UK. I have a degree in Computing from a recognise University and have a full-time job in a well known department store. My parents and my sister all have their citizenship and fully settled in the UK. Can I apply for the 10 year rule or have I been overstaying? I'm now 29 but single (silly me).

Please help, thank you all.

klesk wrote:I want to apply for ILR under the 10 year rule but not sure if I'm eligible.

My ealier application for ILR was not successful nor the appeal which was dismissed on 23 May 2006. Since then the Home Office did not issue me a letter to be removed from the UK and have kept my passport and birth certificate with them. Not hearing from them, I decided to keep on staying. Now its been exatly 10 years continuous that I have live and work in the UK. I have a degree in Computing from a recognise University and have a full-time job in a well known department store. My parents and my sister all have their citizenship and fully settled in the UK. Can I apply for the 10 year rule or have I been overstaying? I'm now 29 but single (silly me).

Please help, thank you all.

On what basis did you submit an application for ILR in 2006?
And why were you refused?
Have you tried to contact the UKBA to get your passport back?
Are you waiting for a decision to be made?
What was the final communication with home office? Any letters?

If you are waiting for a decision to be made, then you will be covered by section 3C and you would be eligible for ILR but if a decision has been made already and if you were unsuccessful, then I'm afraid you are an overstayer. You are also working illegally. This would mean you willbnot be eligible for ILR.

However, it does sound like you may have an article 8 case due to your family. If you had a family here also, that would make it even stronger.

I suggest you see a specialist.

klesk wrote:My ealier application for ILR was not successful nor the appeal which was dismissed on 23 May 2006. Since then the Home Office did not issue me a letter to be removed from the UK and have kept my passport and birth certificate with them.

Unless you appealed further (if given the right) or made another application for leave to remain which is yet to be decided, it appears that you have been an overstayer since May 2006! So you may not qualify, now, under the "10 year lawful stay" long residence category


regards

On what basis did you submit an application for ILR in 2006?
And why were you refused?
Have you tried to contact the UKBA to get your passport back?
Are you waiting for a decision to be made?
What was the final communication with home office? Any letters?

Thank you for the quick reply.

The initial application for ILR was submitted on the basis that I was financially dependant on my parents, being a full-time student, having just a part-time job (at that time) and living under parent's accomodation.

ILR was refused stating: "My mother was not responsible financially for me in my last application for leave to remain as a student and the Secretary of State was not satisfied that I am not financially wholly or mainly dependant on my relative in the UK"

During the appeal, I provided all evidences for the financial supports (e.g Uni fees etc.) and stressed that I was really still dependant and need to be close to my only family here.

However the Judge in his determination, thought that I was medically fit, healthy, educated and won't have any difficulties in finding a job back in my country and also where I had other relatives who could provide emotional support if needed. That's fair to him but I am now settled and don't want to be far away from my family here.

In Feb 2007, I enquired about the situation to the H.O who sent a back a letter saying that my passport is currently held in the passport bank in [city] and advice me to fill correct form for ILR and/or seek further help from an Immigration Advisory Service (IAS).

IAS said I should go back and re-apply from there, but I turned down that option and since then I continued stay here hoping in vain to hearing from the H.O.

Hope that help a bit and many thanks for your brilliant advice.

I don't think the home office will magically grant you ILR. I think they are waiting for you to submit a new application. your situation seems complex. seek professional help.

joh118 wrote:I don't think the home office will magically grant you ILR. I think they are waiting for you to submit a new application. your situation seems complex. seek professional help.

Just seen a solicitor this morning. He said the best thing for me is to apply for a discretionary leave (under family reasons/human rights). It will be much easier to get than an ILR. I need to provide supporting letters from parents and friends, BUT do not mention that I am working because I am doing it illegally. I'm concerned whether my application will be strong and convincing enough.

Any thoughts will be much appreciated. Thanks a lot.

As it appears that you are an overstayer since May 2006, the only category that you may be eligible for for settlement is the 14 year (lawful / unlawful / combination stay) long residence category.

IMHO, the solicitor has advised you appropriately that applying for DL may be the only option available to you, currently, to enable you to remain in the UK (legally).


regards

klesk wrote:

joh118 wrote:I don't think the home office will magically grant you ILR. I think they are waiting for you to submit a new application. your situation seems complex. seek professional help.

Just seen a solicitor this morning. He said the best thing for me is to apply for a discretionary leave (under family reasons/human rights). It will be much easier to get than an ILR. I need to provide supporting letters from parents and friends, BUT do not mention that I am working because I am doing it illegally. I'm concerned whether my application will be strong and convincing enough.

Any thoughts will be much appreciated. Thanks a lot.

you need to consider the risks involved. If you are refused, you may be liable for removal from UK.

sushdmehta wrote:As it appears that you are an overstayer since May 2006, the only category that you may be eligible for for settlement is the 14 year (lawful / unlawful / combination stay) long residence category.

IMHO, the solicitor has advised you appropriately that applying for DL may be the only option available to you, currently, to enable you to remain in the UK (legally).


regards

Thank you all for your kind advice. I just didn't realize I was living here unlawfully. I will apply for the DLR now although very risky, because waiting for another 4 years is too much. I'll try my luck again and hopefully they will grant me leave. My main worry is whether they'll check about my employment. Anyway I'll go ahead with it and will keep you posted about any outcomes. Keep up the great job!

Kind regards.