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ILR 10 Years Long Stay - Do I Qualify?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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walt2000
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ILR 10 Years Long Stay - Do I Qualify?

Post by walt2000 » Sun Nov 20, 2011 4:10 am

Hi

I have been in the UK for 10 years and I am thinking of applying for ILR via the 10 year long residence route. I have renewed all my visas (student) on time except that on one occasion I applied for a visa in a different category (dependent) and was declined. I reapplied for a student's visa within the 28 day period UKBA gave me to appeal or reapply and I was granted the student's visa. My question is that did the refusal reset the clock for me in terms of long residence?

Thanks in advance.

geriatrix
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Post by geriatrix » Sun Nov 20, 2011 6:39 am

The time given for appeal is 10 days, not 28 days.
If you did not appeal then Section 3C would have ended on the 10th day and you would have become an overstayer from that day on until the day new Tier 4 leave was issued.
Life isn't fair, but you can be!

walt2000
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Post by walt2000 » Sun Nov 20, 2011 7:47 am

Just to clarify, the refusal was in 2004 before the tier system and the refusal letter I got stated 28 days to appeal.

Greenie
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Post by Greenie » Sun Nov 20, 2011 11:10 am

walt2000 wrote:Just to clarify, the refusal was in 2004 before the tier
system and the refusal letter I got stated 28 days to appeal.
appeal deadlines were not changed with the Points Based System, they are set out in the tribunal procedure rules and in 2004, the deadline for an initial appeal to the tribunal (at that time to the adjudicator) was 10 days for an in country appeal where the appellant was not in detention.

walt2000
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Post by walt2000 » Mon Nov 21, 2011 2:05 pm

Thanks for the info. Will double check the exact day I did my application to make sure it was within the 10 days.

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