Am I still eligible to apply for ILR on the basis of 10 year

vengy · Post by **vengy** » Thu Jul 20, 2006 3:49 am

Hi guys,
I came to UK on 01/05/96 as a seasonal worker with a 6 months visa.
On 01/11/96 I applied for asylum and got work permit 6 months later!
One year later-97- I had an interview at the HO and I have not heard anything since!
This year on 01/05, I completed 10 years in UK!
My nationality is Bulgarian!

My question is, am I still eligible to apply for ILR on the basis of 10 years long residency? What would you advise me is best to do! Also is there any info where I can read or ask about my case!

I will greatly appreciate all your answers!
Thank you for your time!
Take care guys!

Post by **John** » Thu Jul 20, 2006 10:04 am

My understanding is that if you were legally in the UK when you made your asylum application then your legal status continues. (Compared to .... not you ... someone arrives in the UK on the proverbial back of a lorry and then some time later applies for asylum .... they were not legal in the UK when they applied for asylum so they do not suddenly become legal on making that application.)

But can you just clarify "On 01/11/96 I applied for asylum and got work permit 6 months later! " Do you mean that as an asylum seeker you were given permission to work because your asylum application was still not dealt with at that stage?

Also when you say "I came to UK on 01/05/96 as a seasonal worker with a 6 months visa.", was that visa still valid when you applied for asylum? What is the actual expiry date of that visa? Was it 31.10.96? Or was it 01.11.96? If it was 31.10.96 then it appears you were an overstayer when you applied for asylum on 01.11.96.

ilm · Post by **ilm** » Thu Jul 20, 2006 12:15 pm

John,

Is it not possible the case has been decided but the applicant hasn't been notified, which could be for any number of reasons. It could also be the case has got lost and a decision never made.

Also, doesn't applying for the 10 year rule stop the clock for the 14 year rule?

vengy

I believe the HO had a new computer system sometime around 1998 and many files were lost/put in permanent storage. My wifes assylum application was around that time and she hadn't heard anything. Before we applied for a spouse visa I phoned up the home office to ask if there was anything on their files that may affect a spouse visa application. I explained what we intended to do and a very helpful person said that the system only had her name, DOB, and no other information. She wished us luck with the application and said there was nothing that should affect it. We even had a joke about the situation which I was very surprised, I expected them to be very unfriendly and unhelpful!

I have heard of assylum cases where the HO has lost files and just given ILR to get the applicant to keep quiet. (Don't know personal cases just heard this from a OISC solicitor)

vengy · Post by **vengy** » Thu Jul 20, 2006 11:40 pm

Hi Ilm,
Thank you for your time , reply and the hope you have given to me! Now I believe the best way is to do what you have done and call the HO and ask them if there will be anyhting that will affect my appication! I have also heard of lost documents in that period and the giving of ILR to people with lost filles and I hope this could be in my advantage if I am one of those people! Thanks again for your help! Wish you and your wife best of luck and happiness!

Hi John
I relly appreciated your reply and I would like to thank you for your time and consideration!
Yes, I was given permission to work because my asylum application was still not dealt with at that stage!
I was here legaly but I am not sure if my visa was still valid on the day of applying or it was just the day after it has expired.
Could you explain to me what are the complications for an overstayer please? I hope you will have time to write your answer for wich I will be very grateful indeed!
Thanks John!

Post by **John** » Fri Jul 21, 2006 12:01 am

Could you explain to me what are the complications for an overstayer please?

To make a 10-year application you need to be "legal" for the whole of that period. You need to check ..... were you legal when you applied for asylum ... or were you illegal albeit by just one day? I think your status while an asylum seeker follows your status in the UK when you applied for that asylum. Accordingly we need to know that.

Please pull out your passport, or a photocopy?

vengy · Post by **vengy** » Fri Jul 21, 2006 12:12 am

Hi John,
Thanks for the quick reply, I can not believe I haven't got a copy of my passport! On my IND document says arrived in UK on 29/04/96 and date of application is 30/10/96. Just one day difference but I think I did it on time though I have many doubts now! Oh I will look harder for any dates!
Thanks John

vengy · Post by **vengy** » Fri Jul 21, 2006 1:31 am

John,
I can not find the exact dates but I have remembered that I was well aware of the need to apply before my visa has expired, so I do not think I have ever been ilegal while here in UK for the past 10 years!

Kayalami · Post by **Kayalami** » Sat Jul 22, 2006 7:39 pm

vengy,

My take on this is that your case would not be a straightforward 10 year case as it would involve a review of documentation on file at the Home Ofifce to include the possibility that they may have written back to your last known address on the matter. As such consideration fo the application would IMHO take 6+ months. Given that Bulgaria is set to join the EU (along with Romania) in just over 5 months time which would give you some form of treaty rights to reside and work in the UK an alternative route might be to sit it out. If so might be best for you to concentrate your efforts on obtaining a new Bulgarian passport. Nevertheless proceed with the 10 year route if you so wish as I suppose you have nothing to loose and ILR to gain. Best of luck.

vengy · Post by **vengy** » Sun Jul 23, 2006 4:36 pm

Hi Kayalami,
Thank you very much for your message and for the advice! I was thinking of applying for ILR in person at the HO, as I am a bit tired of waiting! I am suspecting that all my files in HO have been lost, because my best friend still lives in the last known address and I had solicitors that represented me untill 2004. Then I desided that they can not do much for me and stopped using their services because all they did was telling me that I should wait and they had not recieved any information about my case.
If you have time could you tell me what can I expect in case that all my files in the HO have been lost!
Thank you so much, I greatly appreciate your help and advise!

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Am I still eligible to apply for ILR on the basis of 10 year

Am I still eligible to apply for ILR on the basis of 10 year

Thank you so much