ILR application

[Schooll]

Hi i am new here can anybody help about 10 yrs legal residence in the uk.
History
Came uk as a student in march 2010 
Married in uk 2011
Apply in time spouse visa 
Granted untill 2013
Apply ilr behalf of wife in time

During ilr pending marriage broke down
Withdraw ilr 1 December 2013
Apply flr fp 2 December 2013 behalf of my British child visa Granted in march 2014 2.5yrs 
After this im keep extended my visa now in march my 10yrs going to b complete.
Can anybody tell me are my legal residence stil in track ?
Can i get ilr on 10years basis ?
Or my 10years legal stay broken when i withdraw ilr in December 2013 ?
Thankyou anybody help me plz

[Casa]

Hi i am new here can anybody help about 10 yrs legal residence in the uk.
History
Came uk as a student in march 2010 
Married in uk 2011
Apply in time spouse visa 
Granted untill 2013
Apply ilr behalf of wife in time

During ilr pending marriage broke down
Withdraw ilr 1 December 2013
Apply flr fp 2 December 2013 behalf of my British child visa Granted in march 2014 2.5yrs 
After this im keep extended my visa now in march my 10yrs going to b complete.
Can anybody tell me are my legal residence stil in track ?
Can i get ilr on 10years basis ?
Or my 10years legal stay broken when i withdraw ilr in December 2013 ?
Thankyou anybody help me plz

You post has been moved to your own topic from the member's thread you had tagged your question onto.
This not only causes confusion, but is also unfair to the other member.

[Schooll]

Sorry im using first time my apologies thankyou cr001

[zimba]

Hi i am new here can anybody help about 10 yrs legal residence in the uk.
History
Came uk as a student in march 2010 
Married in uk 2011
Apply in time spouse visa 
Granted untill 2013
Apply ilr behalf of wife in time

During ilr pending marriage broke down
Withdraw ilr 1 December 2013
Apply flr fp 2 December 2013 behalf of my British child visa Granted in march 2014 2.5yrs 
After this im keep extended my visa now in march my 10yrs going to b complete.
Can anybody tell me are my legal residence stil in track ?
Can i get ilr on 10years basis ?
Or my 10years legal stay broken when i withdraw ilr in December 2013 ?
Thankyou anybody help me plz

NO issues for SET(LR)

[Schooll]

Thanks for reply zimba
You mean i will get my ilr ?
Do i have marit in my ilr application ?
Thanks alot zimba

[zimba]

There is no issues with lawful residence. You can apply for SET(LR) if otherwise eligible

[Schooll]

Thanks zimba so much
.
As u know ilr fee is too much i dont want to take chance.
Just make sure as u can see my immigration history above .
Whats the marit in my set lr application ?
Whats the chances ?

Thanks again all of u

[zimba]

Thanks zimba so much
.
As u know ilr fee is too much i dont want to take chance.
Just make sure as u can see my immigration history above .
Whats the marit in my set lr application ?
Whats the chances ?

Thanks again all of u

I cannot tell you if you get ILR or not. From your history, you seem to have lawful residence. Time spent waiting for the new application is disregarded under paragraph 39E

[Schooll]

Is there anybody else help me about it ? thanks

[Amber]

Is there anybody else help me about it ? thanks

My fellow Moderator Zimba has given the advice. It rests on whether the application that was made in December 2013 was in time, that is when did the previous leave as a spouse expire in 2013?

[Schooll]

Thanks for reply amber
Previous leave expire 10August 2013
I applied ilr 5 August 2013
Withdraw ilr 1 December 2013 because my wife email to HO we r separated
I applied flr fp 2 December 2013 as we have a British child .
And flr fp granted straight way
Now
I want to know my 10yrs broken ?
Am i still eligible for set lr ?

[zimba]

How many times do we have to repeat that your residence is NOT broken ??!!!

[Schooll]

One of solicitors told me u cant apply st lr
Because when i withdraw ilr its broken i dont have valid leave for that time.

[Amber]

As your leave had been extended by section 3C, because you made an in time application, it is arguable that when you withdrew, your section 3C leave stopped and you had a small grace period under paragraph 39E to apply for further leave as to not break lawful residence. What you should have done as to not rely on discretion, was to vary the ILR application for FLR(FP).

Based on what you’ve provided you should be ok.

[zimba]

One of solicitors told me u cant apply st lr
Because when i withdraw ilr its broken i dont have valid leave for that time.

Solicitors regularly dish out incorrect advice to applicants. I suggest to challenge them to back their claims up with reference to immigration rules/guides

[Schooll]

Thankyou so much zimba . Solicitor told me when i withdraw my ilr 1 December that day my 3c ended and overstayer.
10yrs legal residence broke
I will go to him and ask about immigration rule about 10yrs set lr

[Amber]

Correct, your legal stay (section 3C) did end, however, under Paragraph 39E small periods overstaying during an application being submitted can be disregarded and will not break continuous residence.

[zimba]

Thankyou so much zimba . Solicitor told me when i withdraw my ilr 1 December that day my 3c ended and overstayer.
10yrs legal residence broke
I will go to him and ask about immigration rule about 10yrs set lr

The long residence guide is clear how such overstaying is disregarded:

Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:

• the applicant must have at least 10 years continuous lawful residence in the UK
• there must be no reason why granting leave is against the public good
• the applicant must meet the knowledge of language and life requirement
• the applicant must not fall for refusal under the general grounds for refusal
• the applicant must not be in breach of immigration laws, except
o for any period of overstaying for 28 days or less which will be disregarded where the period of overstaying ended before 24 November 2016
o where overstaying on or after 24 November 2016, leave was never the less granted in accordance with paragraph 39E of the immigration rules

https://assets.publishing.service.gov.u ... 6.0ext.pdf

[Schooll]

At appointment solicitor give me reference of AHMED case .what is it ?

[zimba]

At appointment solicitor give me reference of AHMED case .what is it ?

Ahmed's case is different. As you regularised your stay the time spent overstaying is discarded. (my response on Ahmed's case)
Here is the discussion: indefinite-leave-to-remain/ilr-10-years ... 81021.html

[Schooll]

Thanks zimba . Yes i can Ahmed law case is different . As i had only 1 days overstay .

[Schooll]

Can anybody help which documents need to b send to ho for SAR report request ?

[Schooll]

Anybody help me how to apply set lr.
Do i need to fill form online first ?
If i fill the form.
How can i get bio metric appointment ?
Or i have to book bio metric appointment first ?
Can you please help me wats the correct way ? Thankyou

[Djsuccess]

Anybody help me how to apply set lr.
Do i need to fill form online first ?
If i fill the form.
How can i get bio metric appointment ?
Or i have to book bio metric appointment first ?
Can you please help me wats the correct way ? Thankyou

https://www.gov.uk/government/publicati ... form-setlr

[zimba]

Anybody help me how to apply set lr.
Do i need to fill form online first ?
If i fill the form.
How can i get bio metric appointment ?
Or i have to book bio metric appointment first ?
Can you please help me wats the correct way ? Thankyou

You pay your application fees separately to UKVI. Here you have to choose the type of visa processing you need like super priority (24 hour service) or standard. Note that the priority service may not be always on offer. You then have to pay and submit your application online.

When you submitted your application successfully, you are asked to create an account with UKVCAS to book your appointment. Appointments slots are technically offered for FREE (often available during weekdays within the next two to three weeks) however if you want a slot that is earlier or it is over the weekend, you may have to pay extra to UKVCAS to get an appointment slot. Any other extra services you choose from UKVCAS (e.g document checking) has its own extra fee