Long Residence and 2023 changes to Immigration Bail

[Jaine2804]

Hi
I need your opinion and advice on this immigration bail information.
I have came in UK 2009 as a student and i was on Tier 4 student visa till 2012.
I have than granted my Tier 1 entrepreneur visa till 2016.
I have refused my Tier 1 entrepreneur extension in May 2017.
I have issue section 120 notice in my refused letter and I have responded that with additional grounds in June 2017 ( within 28 days) after that they have give me immigration Bail granted my Temporary admissions. They had give me Reporting to the centre.
I have no money to applied a new application and I claim asylum in May 2018. They have granted another Bail.
In November 2018 my S95 support was granted but asylum claim was refused . I have applied for fee waiver application for FLRO application which was granted but leave was refused and issued another immigration Bail in 2022.
My last visa granted on parents route 19 Dec 2022 which another 10 years to settlement.
My question is if someone can advise me if I can apply for my ILR as my visa will expire soon and not sure if I could apply for settlement.
I have read previous post here, where I can relate to my case as I was eligible in my last application decision for ILR but HO grant my 2.5 years visa under parent route.
Can someone experience person can advise me on this it would be very helpful for my future application.

[zimba]

You do not qualify for ILR under any route at the moment. You need either 10 years under the parent route to qualify.

[Jaine2804]

Hi

Is my immigration Bail period 2017 is not allowed me to applied on long residency route? What about my another route of visa since 2009 ?

I can see in previous post that HO counts Immigration Bail period in qualified 10 years period.

Please advise me or msg me .

Thank you

[zimba]

It does NOT count: https://www.immigrationboards.com/viewt ... 7#p2107841

[Jaine2804]

Hi

Is there any other alternative where I can try my ILR as my previous visa was granted before the immigration rules change in 12 April 2023 and I have already registered the complaint however the complaint is on Independent review stage and investigation is still pending and meantime my current Leave is expire and I need to make decision which application I can submit.

My grounds are on my long residency route in my last application but HO grant my leave under parent route not on my long residency route.

Now is there any grounds where I can apply outside the immigration rules my ILR as I was granted my section 55 Support in 2018 under an unaccomodated child and I have also allow to work under my Asylum claim . I have my ARC card which is evidence of my countinous leave. I can see on UKVI guidance settlement (DL) for Refused Asylum claim and granted discrimination leave can eligible for ILR . Please advice on this more.

I am sorry but i forget to explain you in my previous post that HO grant me on parents route leave however Asylum team consider my claim under discrimination leave when they send me notice of end of support they Advice me i had granted my leave under discrimination.

if any grounds I can apply for my ILR than it would be great help .

Thank you

[zimba]

I am not sure what all those mean in the context of ILR. ILR is not an entitlement; you can only be given ILR if you qualify. Living here long enough is not grounds for grant of ILR. There is no route that currently allows you to qualify for ILR given that you only had leave to remain since 2022, under the 10 year route

[Jaine2804]

Hi

Yes you are right that there is no route that allows me to apply ILR but I was qualified in 2019 when I made application for my leave outside the immigration rules where HO failed to grant my ILR and that is why I made complaint.
I had my SAR and I have all the details where I can prove my qualified 10 years leave under varied application (4 years of Tier 4 + 4 years of Tier 1 + family and private life 2.5 years visa)

Is that allow me to applied I am sorry for this but just get thoughts that do I really need to wait till 2033 for my settlement.

[Jaine2804]

https://visas-immigration.service.gov.uk/product/flr-dl

[alana7]

Hi

Yes you are right that there is no route that allows me to apply ILR but I was qualified in 2019 when I made application for my leave outside the immigration rules where HO failed to grant my ILR and that is why I made complaint.
I had my SAR and I have all the details where I can prove my qualified 10 years leave under varied application (4 years of Tier 4 + 4 years of Tier 1 + family and private life 2.5 years visa)

Is that allow me to applied I am sorry for this but just get thoughts that do I really need to wait till 2033 for my settlement.

Unfortunately, you no longer qualify the rules were changed that immigration bail and temporary admission under that does not count under a 10 year route to ILR. You better start saving your coins before you have to renew your visa.
I am in the same boat as you are but I have come to terms with my new reality.

[zimba]

Hi

Yes you are right that there is no route that allows me to apply ILR but I was qualified in 2019 when I made application for my leave outside the immigration rules where HO failed to grant my ILR and that is why I made complaint.
I had my SAR and I have all the details where I can prove my qualified 10 years leave under varied application (4 years of Tier 4 + 4 years of Tier 1 + family and private life 2.5 years visa)

Is that allow me to applied I am sorry for this but just get thoughts that do I really need to wait till 2033 for my settlement.

Claiming and relying on the historical 10 years is no longer possible. The fact that you qualified in 2019 is irrelevant.

See: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[Jaine2804]

Hi
I am trying to prepare my application. If I will give all justification to review my application under old rules than what form I will apply for ILR application.

Also if you can support me to what documents I can give to support my application. I have already passed my life UK exam and English exam.

[zimba]

Hi
I am trying to prepare my application. If I will give all justification to review my application under old rules than what form I will apply for ILR application.

Also if you can support me to what documents I can give to support my application. I have already passed my life UK exam and English exam.

There is only one form to use that is SET(LR)
Not sure what the old rules mean here ? As explained at length, you do not qualify. The old rules no longer apply and you cannot claim historical 10 years to qualify either

[Jaine2804]

Suitability requirements for settlement on the long residence route
The suitability requirements for settlement on the long residence route are set out in paragraphs LR 10.1. to LR 10.2. of Appendix Long Residence to the Immigration Rules. You must be satisfied that the applicant should not be refused under Part 9: general grounds for refusal of the Immigration Rules – see Grounds for refusal guidance.

The applicant must also not be:

on immigration bail

in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded

Disregarded periods of overstaying will not break continuous residence but will not count towards the 10-year qualifying period.

I found this on long residency UKVI guidance.

[zimba]

Again not sure what you are trying to convey here