Need help 10 years long residency with paragraph 39E

[Sajd97]

Dear guys.

I have completed 10 years and 1 month in the UK.

I entered the UK on 12 March 2011 as Tier 4 General. I was a student until 31 December 2018. All times I have made on time applications and always was granted.

I have joined the HM Armed Forces 25 November 2018 but medical discharge on 30 May 2019. I have made FLR (Armed Forces ) on 23 April which was granted until 30 November 2019.

I have made FLR (FP) on 28 October 2019 which has been refused with right of appeal. The appeal was exhausted on 30 September 2020. I have made Further FLR (FP) on 12 October 2020 in accordance with Paragraph 39E which is still under consideration meanwhile I have completed 10 years and 1 month now.

As I have not not receive outcome yet of my current pending application, so can I make vary this application to ILR (LR). is there have any possibility to grant ILR if I vary this application? or Please anyone can give me any advice?

[zimba]

You have not completed the required 10 years lawfully yet. Paragraph 39E does NOT extend your lawful residence as required under the rules. You must regularise your stay first. We have a long-running post with the view of courts on this exact matter: indefinite-leave-to-remain/ilr-10-years ... l#p1953365

[Sajd97]

You have not completed the required 10 years lawfully yet. Paragraph 39E does NOT extend your lawful residence as required under the rules. You must regularise your stay first. We have a long-running post with the view of courts on this exact matter: indefinite-leave-to-remain/ilr-10-years ... l#p1953365

Zimba, Many thanks for your reply.

As I have completed 10 years continuous residence in the UK, will the HO grant me FLR(FP) in order to Regularise my status on basis of further submission.

Look forward to seeing your response.

[zimba]

You have NOT completed the required lawful continuous residence. Simply living here for 10 years does NOT necessarily mean you spent it lawfully. I suggest you go and read the information in that thread I posted carefully.

What is the basis for your new FLR(FP) ? Your previous attempt failed to get a visa and you failed even during the appeal. Why should you get a visa this time ??

[Sajd97]

You have NOT completed the required lawful continuous residence. Simply living here for 10 years does NOT necessarily mean you spent it lawfully. I suggest you go and read the information in that thread I posted carefully.

What is the basis for your new FLR(FP) ? Your previous attempt failed to get a visa and you failed even during the appeal. Why should you get a visa this time ??

I have asked you question, if you know that just giving me the answer please, if not then thats fine. I am not asking you for KNOWLEDGE.

I am not simply complete 10 years in the UK like as biting chocolate and sucking ice cream. you were rudely replied.

[Sajd97]

what is the meaning of that You are being Granted Immigration Bail.

My application has been refused but home office automatically granted Immigration Bail. is that any reason.

I have completed 10 years in the UK before Two months.

As the Home office granted Immigration bail, can I apply ILR (LR)?

look forward to seeing your response.

[zimba]

what is the meaning of that You are being Granted Immigration Bail.

My application has been refused but home office automatically granted Immigration Bail. is that any reason.

I have completed 10 years in the UK before Two months.

As the Home office granted Immigration bail, can I apply ILR (LR)?

look forward to seeing your response.

Your latest post has now been moved to your own thread. Your question is NOT relevant to that topic as that topic is reserved for any new developments/update of the case law around Pargarph 39E.

You have already been advised why you do not qualify for long residence above

You are granted bail because you have been overstayer since 30 September 2020 and you are now liable to be detained and removed from the UK

https://assets.publishing.service.gov.u ... gov-uk.pdf

[Sajd97]

what is the meaning of that You are being Granted Immigration Bail.

My application has been refused but home office automatically granted Immigration Bail. is that any reason.

I have completed 10 years in the UK before Two months.

As the Home office granted Immigration bail, can I apply ILR (LR)?

look forward to seeing your response.

Your latest post has now been moved to your own thread. Your question is NOT relevant to that topic as that topic is reserved for any new developments/update of the case law around Pargarph 39E.

You have already been advised why you do not qualify for long residence above

You are granted bail because you have been overstayer since 30 September 2020 and you are now liable to be detained and removed from the UK

https://assets.publishing.service.gov.u ... gov-uk.pdf

You are not an immigration officer or home office case worker but you tell like that.

Long residence rules clearly said immigration bail counts as lawful residence. '' temporary release or immigration bail counts as lawful residence for 10 years long residence applications.' (page number 21).

[Happydays11]

did you appeal on refusal?

if u appeal on decision of your second application, u can wait for outcome. and put your energy on it. keep faith to God and when u succeeded you good to go for applying ILR (my personal opinion i am not legal person)

also try to get SAR

[Sajd97]

did you appeal on refusal?

if u appeal on decision of your second application, u can wait for outcome. and put your energy on it. keep faith to God and when u succeeded you good to go for applying ILR (my personal opinion i am not legal person)

also try to get SAR

There is no appeal right.

yesterday I got the decision. so I would like to make ILR within 14 days as when this application was being pending that time I have completed 10 years residence in March.

[zimba]

You do not understand the rules I am afraid. It seems you are here demanding to hear whatever you claim. You have been given explicitly the reasons why you do not have the lawful residence required for long residence. There is enough information for you. You have been an overstayer since September 2020 when you exhausted your appeal rights and that is when your lawful residence came to an end. That means you do NOT have lawful residence required to qualify for long residence.

The long residence guide does not say what you think it says regarding immigration bail.

Temporary admission or release or immigration bail only qualifies as lawful
residence if leave to enter or leave to remain is later granted. For example, if an
applicant is granted leave following a period of temporary admission, the time on
temporary admission counts as lawful residence.

The long residence guide must be read as a whole and that includes when there are breaks in lawful residence. Even if you manage to get a new visa you still end up with an unlawful gap that prevents you from getting ILR under long residence:

You failed to regularise your stay meaning that paragraph 39E is no help to you. Throwing around 'within 14 days' is not useful when you do not understand how the rules work and refuse to look at the case law. I do not need to be a caseworker to understand the rules. You are free to apply for an ILR application but as the things stand you have no chance of getting ILR as the rules stand and as per case law.

[Sajd97]

You do not understand the rules I am afraid. It seems you are here demanding to hear whatever you claim. You have been given explicitly the reasons why you do not have the lawful residence required for long residence. There is enough information for you. You have been an overstayer since September 2020 when you exhausted your appeal rights and that is when your lawful residence came to an end. That means you do NOT have lawful residence required to qualify for long residence.

The long residence guide does not say what you think it says regarding immigration bail.

Temporary admission or release or immigration bail only qualifies as lawful
residence if leave to enter or leave to remain is later granted. For example, if an
applicant is granted leave following a period of temporary admission, the time on
temporary admission counts as lawful residence.

The long residence guide must be read as a whole and that includes when there are breaks in lawful residence. Even if you manage to get a new visa you still end up with an unlawful gap that prevents you from getting ILR under long residence:

You failed to regularise your stay meaning that paragraph 39E is no help to you. Throwing around 'within 14 days' is not useful when you do not understand how the rules work and refuse to look at the case law. I do not need to be a caseworker to understand the rules. You are free to apply for an ILR application but as the things stand you have no chance of getting ILR as the rules stand and as per case law.

it looks you are immigration EXPERT. you do not say anything based on the HO guidelines. you have said your own expertise.

you are demanding people has to listen what you have said on your your own opinion.

what is the meaning of Disregarded Any Current period of Overstayers? whats is about Paragraph 276A and Paragraph 276B v.

[zimba]

I suggest reading all the sources provided to you in the links. Courts have already interpreted that for you if you bother to read (That was the case in Junied Ahmed). I am happy to be shown that my positions are wrong

You have not completed the required 10 years lawfully yet. Paragraph 39E does NOT extend your lawful residence as required under the rules. You must regularise your stay first. We have a long-running post with the view of courts on this exact matter: indefinite-leave-to-remain/ilr-10-years ... l#p1953365

[Sajd97]

I suggest reading all the sources provided to you in the links. Courts have already interpreted that for you if you bother to read (That was the case in Junied Ahmed). I am happy to be shown that my positions are wrong

You have not completed the required 10 years lawfully yet. Paragraph 39E does NOT extend your lawful residence as required under the rules. You must regularise your stay first. We have a long-running post with the view of courts on this exact matter: indefinite-leave-to-remain/ilr-10-years ... l#p1953365

That I am saying and understand now that you MIXING Up with OTHERS case and give your OWN opinion.

Every case is different and my issue and and case is fully different from J. Ahmed and M.Ahmed.

anyway, I would like to tell you that, last month (when my this application under being consideration) Home Office issue a Passport Certify Letter for me in order to sit the life in the UK test for ILR application . my life in the UK test is on next week. SO, my question is if the HO does not allow me to grant ILR, then why they tell me to sit at the Life in the UK test? any reason behind this?

Look forward to seeing your opinion.

[Djsuccess]

I suggest reading all the sources provided to you in the links. Courts have already interpreted that for you if you bother to read (That was the case in Junied Ahmed). I am happy to be shown that my positions are wrong

You have not completed the required 10 years lawfully yet. Paragraph 39E does NOT extend your lawful residence as required under the rules. You must regularise your stay first. We have a long-running post with the view of courts on this exact matter: indefinite-leave-to-remain/ilr-10-years ... l#p1953365

.That I am saying and understand now that you MIXING Up with OTHERS case and give your OWN opinion.

Every case is different and my issue and and case is fully different from J. Ahmed and M.Ahmed.

anyway, I would like to tell you that, last month (when my this application under being consideration) Home Office issue a Passport Certify Letter for me in order to sit the life in the UK test for ILR application . my life in the UK test is on next week. SO, my question is if the HO does not allow me to grant ILR, then why they tell me to sit at the Life in the UK test? any reason behind this?

Look forward to seeing your opinion.

As you have been advised already, your lawful continuous stay ended the moment you exhausted all your appeal right. Any application made after that was as an overstayer. The people here can only advise you based on experience and the interpretation of the relevant guides and the immigration rules. If you are sure you know what you are doing, I guess you don't need anyone to tell you what to do. At the end of the day, it will be your decision either to apply or not. If you do apply, please do come back and share the outcome with us. All the best

[zimba]

That I am saying and understand now that you MIXING Up with OTHERS case and give your OWN opinion.
Every case is different and my issue and and case is fully different from J. Ahmed and M.Ahmed.

anyway, I would like to tell you that, last month (when my this application under being consideration) Home Office issue a Passport Certify Letter for me in order to sit the life in the UK test for ILR application . my life in the UK test is on next week. SO, my question is if the HO does not allow me to grant ILR, then why they tell me to sit at the Life in the UK test? any reason behind this?

Look forward to seeing your opinion.

The J. Ahmed case shows that an overstayer cannot rely on paragraph 39E to build up lawful residence. You have had no lawful residence since September 2020. That conclusion applies to you too. It is up to you to demonstrate how you qualify under the long residence rules.

Confirming/Certifying a passport to enable applicants to sit a test is a normal practice by UKVI when a passport is held by them. That does not mean they evaluated your eligibility for ILR

[Happydays11]

did you tell them your intention and to hold your application as u planning to vary this application to ILR application that's is why you asking for passport to sit into the exam?

[Sajd97]

did you tell them your intention and to hold your application as u planning to vary this application to ILR application that's is why you asking for passport to sit into the exam?

Thank you for your reply.

Yes, I have mentioned on the letter that I would like to make ILR therefore I need to sit life in the UK test.

I would like to ask you (Happydays11) a questions that is Paragraph 276B (v) said that Leave was never the less granted, what does it mean? do you have any ideas?

looking forward to seeing your response.

[Happydays11]

if you search "276B (v)" in google read open second link.

in my view u should goto good barrister to look into your case.

i am not legal person don't want to give view which could be wrong .

[Sajd97]

if you search "276B (v)" in google read open second link.

in my view u should goto good barrister to look into your case.

i am not legal person don't want to give view which could be wrong .

Haapydays11,

what is second link?

[secret.simon]

Being the boring person that I am, I read the J. Ahmed judgment and I concur with @Zimba that your case is very unlikely to succeed.

Simply put, the judgment says that each of the five branches of requirements for ILR(LR) need to be met independently.

The two specific branches that judgement deals with are

276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:

(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.
...
(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

Essentially the judge ruled that the applicant needs to meet both requirements; 10 years legal residence AND not being in breach of immigration rules at the time of application. Rule 39(E) excuses only the latter. It does not excuse the former.

If you have not completed 10 years of legal residence (excluding any overstay) before applying for ILR(LR), your application fails.

Rule 39(E) does not give you legal residence. It only ignores the previous or current overstay.

You are counting on completing the 10 years of legal residence including the overstay, whereas the overstay is, by definition, not legal and therefore your application will fail.

[Sajd97]

Being the boring person that I am, I read the J. Ahmed judgment and I concur with @Zimba that your case is very unlikely to succeed.

Simply put, the judgment says that each of the five branches of requirements for ILR(LR) need to be met independently.

The two specific branches that judgement deals with are

276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:

(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.
...
(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

Essentially the judge ruled that the applicant needs to meet both requirements; 10 years legal residence AND not being in breach of immigration rules at the time of application. Rule 39(E) excuses only the latter. It does not excuse the former.

If you have not completed 10 years of legal residence (excluding any overstay) before applying for ILR(LR), your application fails.

Rule 39(E) does not give you legal residence. It only ignores the previous or current overstay.

You are counting on completing the 10 years of legal residence including the overstay, whereas the overstay is, by definition, not legal and therefore your application will fail.

what is the meaning of any current period of overstaying Disregarded where paragraph 39E apply?

You DO NOT have agree with Zimba, this is silly, You should or have to agree with HOME OFFICE Guidelines long residence and paragraph 276A and Paragraph 276B.

[secret.simon]

You DO NOT have agree with Zimba, this is silly,

I'm not agreeing with Zimba for the sake of agreeing. I'm suggesting that my reading of the judgment and the law (which I have linked to) agrees with his assessment.

You should or have to agree with HOME OFFICE Guidelines long residence and paragraph 276A and Paragraph 276B.

And I am pointing out that as you have not completed 10 years of legal residence, you do not meet the requirements of 276B(i)(a).

I have even quoted the subsections and linked the judgment for you to read.

[Sajd97]

You DO NOT have agree with Zimba, this is silly,

I'm not agreeing with Zimba for the sake of agreeing. I'm suggesting that my reading of the judgment and the law (which I have linked to) agrees with his assessment.

You should or have to agree with HOME OFFICE Guidelines long residence and paragraph 276A and Paragraph 276B.

And I am pointing out that as you have not completed 10 years of legal residence, you do not meet the requirements of 276B(i)(a).

I have even quoted the subsections and linked the judgment for you to read.

you said you are NOT agreeing but You wrote you CONCUR with.

Now you also change the English Dictionary Meaning, this is Silly.

[zimba]

When an ambiguity arises in the interpretation of the rules, the case goes to immigration tribunals and then it is up to the judges to determine what is the correct interpretation. The home office and the applicants must then respect what the courts determine to be the correct interpretation. We have simply pointed out to you that your case is not unique and your circumstances are the same as the previously determined case law. If you do not like to hear this then that is your problem. You can challenge the court's judgement if you desire but so far several attempts have failed. This means your chances of getting ILR as things stand is slim to none.

We have been courteous to you in spite of your unnecessarily aggressive and hostile attitude in this thread. This is a free forum and we are all unpaid volunteers. If you continue to act with hostility, you will be swiftly banned