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ILR 10 Years Long Stay - Do I Qualify?

Posted: Sun Nov 20, 2011 4:10 am
by walt2000
Hi

I have been in the UK for 10 years and I am thinking of applying for ILR via the 10 year long residence route. I have renewed all my visas (student) on time except that on one occasion I applied for a visa in a different category (dependent) and was declined. I reapplied for a student's visa within the 28 day period UKBA gave me to appeal or reapply and I was granted the student's visa. My question is that did the refusal reset the clock for me in terms of long residence?

Thanks in advance.

Posted: Sun Nov 20, 2011 6:39 am
by geriatrix
The time given for appeal is 10 days, not 28 days.
If you did not appeal then Section 3C would have ended on the 10th day and you would have become an overstayer from that day on until the day new Tier 4 leave was issued.

Posted: Sun Nov 20, 2011 7:47 am
by walt2000
Just to clarify, the refusal was in 2004 before the tier system and the refusal letter I got stated 28 days to appeal.

Posted: Sun Nov 20, 2011 11:10 am
by Greenie
walt2000 wrote:Just to clarify, the refusal was in 2004 before the tier
system and the refusal letter I got stated 28 days to appeal.
appeal deadlines were not changed with the Points Based System, they are set out in the tribunal procedure rules and in 2004, the deadline for an initial appeal to the tribunal (at that time to the adjudicator) was 10 days for an in country appeal where the appellant was not in detention.

Posted: Mon Nov 21, 2011 2:05 pm
by walt2000
Thanks for the info. Will double check the exact day I did my application to make sure it was within the 10 days.