20 years long residence

[Shondra Sharma]

Hi forum,
just want to know previously refused student visa and appeal lost after that just gone underground no contact with home office now he been 20 years in uk. Want to make a 20 years long residence application. Will his application successful? in appendix FM in suitability requirement- Does he fall a ground of refusal S-ltr 1.2 to S-Ltr 2.3 and S-Ltr3.1 to s-ltr 4.5?

[vinny]

Without knowing the full history of the applicant, it may be difficult for non-psychics to answer your questions!
276ADE (1)

(i) does not fall for refusal under any of the grounds in Section S-LTR 1.2 to S-LTR 2.3. and S-LTR.3.1. to S-LTR.4.5. in Appendix FM; and

Appendix FM

S-LTR.1.2. The applicant is currently the subject of a deportation order.

S-LTR.1.3. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.

S-LTR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months.

S-LTR.1.5. The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.

S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.

S-LTR.1.7. The applicant has failed without reasonable excuse to comply with a requirement to-

(a) attend an interview;
(b) provide information;
(c) provide physical data; or
(d) undergo a medical examination or provide a medical report.
S-LTR.1.8. The presence of the applicant in the UK is not conducive to the public good because the Secretary of State:

(a) has made a decision under Article 1F of the Refugee Convention to exclude the person from the Refugee Convention or under paragraph 339D of these Rules to exclude them from humanitarian protection; or
(b) has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because there are reasonable grounds for regarding them as a danger to the security of the UK; or
(c) has made a decision that they are a person to whom sub-paragraph (a) or (b) would apply except that (i) the person has not made a protection claim, or (ii) the person made a protection claim which has already been finally determined without reference to Article 1F of the Refugee Convention or paragraph 339D of these Rules; or
(d) has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because, having been convicted by a final judgment of a particularly serious crime, they constitute a danger to the community of the UK.
S-LTR.2.1. The applicant will normally be refused on grounds of suitability if any of paragraphs S-LTR.2.2. to 2.5. apply.

S-LTR.2.2. Whether or not to the applicant’s knowledge –

(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the application.

S-LTR.2.3. DELETED.

Appendix FM

S-LTR.3.1. When considering whether the presence of the applicant in the UK is not conducive to the public good any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored.

S-LTR.4.1. The applicant may be refused on grounds of suitability if any of paragraphs S-LTR.4.2. to S-LTR.4.5. apply.

S-LTR.4.2. The applicant has made false representations or failed to disclose any material fact in a previous application for entry clearance, leave to enter, leave to remain or a variation of leave, or in a previous human rights claim; or did so in order to obtain from the Secretary of State or a third party a document required to support such an application or claim (whether or not the application or claim was successful).

S-LTR.4.3. The applicant has previously made false representations or failed to disclose material facts for the purpose of obtaining a document from the Secretary of State that indicates that he or she has a right to reside in the United Kingdom.

S-LTR.4.4. The applicant has failed to pay litigation costs awarded to the Home Office.

S-LTR.4.5. One or more relevant NHS bodies has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.

[secret.simon]

Worth remembering that under the 20 year long residence rule, s/he would get a further 10 years of FLR(FP) and not ILR.

That would also mean that s/he can't sponsor any spouse from outside the UK for that period.

[Shondra Sharma]

Thanks vinny. He may be fine. Probably after appeal dismissed home office sent removal notice other than that he has no such things as you mentioned in the s-ltr (suitability). Does removal notice stopped 20 years long residence application?

[Shondra Sharma]

Thanks vinny. He may be fine. Probably after appeal dismissed home office sent removal notice other than that he has no such things as you mentioned in the s-ltr (suitability). Does removal notice stopped 20 years long residence application?

Hi vinny, Is he alright for 20 years application?

[vinny]

He may be okay as a removal notice is different from a deportation order.

[Shondra Sharma]

Thank you vinny.