Granted LTR BUT...

[Foxy1]

So here is the situation i have been granted discretionary leave (Exceptional circumstances) in july 2013 after about a 5 year wait of just over.

I came to uk 2002 as student made my applications for extention on time except one time it was sent friday arrived monday they refused it but granted on appeal that it was a weekend.

In 2007 made an application for consideration on my leave as i had personal issues ie terminal illness etc. apparently i had made this application on the wrong form that was the last communication from the home office on my application.
In 2008 my partner made an application for asylum it went through the whole process ie exosting all appeals eventually a grant on fresh application (desecration) July 2013. On this application i was dependent.

So i had 5 years of legal stay and 5 years on temp admission and i trust i never stayed out of the country for more than 180 days at any given time no did i go on holiday more than twice in a year...

Can i still qualify under the 10 year legal long residence to apply for ILR ???

[Amber]

You may qualify for ILR based on long residence. I gather that any period of overstaying was less than 28 days? Are you total absences less than 540 days?

[Foxy1]

Hi @ D4109125

My total absence is definatly less than 540 because in the five years i think i went on holiday 3 times 1 for about 2 months the other 1 month and another only for a week.

Dont really understand the part of overstaying very well what if due to the bureaucracy of the home office it took about 4 months or so before they considered the application for asylum for my partner.

ie the last communication from they might have been march 2007 on my personal application. and due to exceptional circumstances they only considered the asylum application 2008. in the months between there was communication sent in even through solicitor but never got a response from them till the asylum application for partner with myself as dependent was handed in????

Thank you for a quick response

You may qualify for ILR based on long residence. I gather that any period of overstaying was less than 28 days? Are you total absences less than 540 days?

[Foxy1]

So am going to see a solicitor Wednesday anymore advice on what i should or might need to carry with me for the appointment etc???

[Foxy1]

After my case has concluded how do I write letter requesting my file from solicitor???

I need to get my file back because after enquiring and bring certain aspect of the case to there attention they just don't seem passionate enough. They are making it out like am telling them how to do there job so me think about time we part company

[Obie]

The application in 2007, was made on the wrong form, which indicates it was an invalid application.

In those circumstance a Section 3c right, might have elapsed.

Were you informed about this?

[Foxy1]

Sorry did you mean informed that it was on the wrong application for??? if that's what you mean yes they sent me a letter to say I have used the wrong form plus there was a payment problem..

The application in 2007, was made on the wrong form, which indicates it was an invalid application.

In those circumstance a Section 3c right, might have elapsed.

Were you informed about this?

I was not informed but maybe the gap is too wide because even if they didn't inform me the application went in after Oct 2007 that was after partner had removal instructions but application was actually made march April 2008 though the interviews where attended in 2007.
the conditions to start reporting on temp admission started in 2008

Thank you for response

[Amber]

You need to establish what exactly happened during the 2007 application to see if you broke the continuous residency criteria required for a long residence application.

[Obie]

In the absence of any information as to what happen with the 2007 application, and whether you sent it immediately after you were informed of its invalidity, you seem to have broken your residence, and therefore you might not be able to benefit from the Long Residence provision.

[Amber]

You may benefit from a Subject Access Request to see what information is on the ukba system.

[Foxy1]

Thank you for the response I have requested for the SAR will wait 40 days and see how it goes

[Obie]

Based on what you said, it is obvious you you took no steps between 2007 when the application was deemed invalid and April 2008, when the application for DLR was made.

In those circumstance, it is difficult to see, how you can argue that your lawful residence has been unbroken.


Even taken into account the fact that a Temporary admission, which led to leave been granted should be counted as lawful residence, it is strongly arguable that the gap between the invalid application and the temporary admission was too large.

The fact that you were then granted temporary admission, indicates that section 3C was not in place.

[Foxy1]

Thank you for the explanation though I did keep in touch with the home office in that gap seeking compassionate grounds... Family issues within UK... plus terminal illness is not really something that helps one to compose themselves especially if it involves children. I Was all over the place...

But have to say the gap is really wide but will have to see what they have on the application once I get the SAR...

Based on what you said, it is obvious you you took no steps between 2007 when the application was deemed invalid and April 2008, when the application for DLR was made.

In those circumstance, it is difficult to see, how you can argue that your lawful residence has been unbroken.


Even taken into account the fact that a Temporary admission, which led to leave been granted should be counted as lawful residence, it is strongly arguable that the gap between the invalid application and the temporary admission was too large.

The fact that you were then granted temporary admission, indicates that section 3C was not in place.

[vinny]

Hi
It appears myself my partner and son have been given 2.5 years ie the 10 route
NOW my daughters Card came in today she is 5 years old and has been given 3 years on the card.

The general letter for grant for the whole family is 2.5years, what should I do call them up to correct it to 2.5 of let it be.

Help please been through enough don't want to have any complications later on.

[Foxy1]

Thank you I actually was looking for the thread couldn't find it so thank you and anyone with ideas???


Hi
It appears myself my partner and son have been given 2.5 years ie the 10 route
NOW my daughters Card came in today she is 5 years old and has been given 3 years on the card.

The general letter for grant for the whole family is 2.5years, what should I do call them up to correct it to 2.5 of let it be.

Help please been through enough don't want to have any complications later on.

Hi
It appears myself my partner and son have been given 2.5 years ie the 10 route
NOW my daughters Card came in today she is 5 years old and has been given 3 years on the card.

The general letter for grant for the whole family is 2.5years, what should I do call them up to correct it to 2.5 of let it be.

Help please been through enough don't want to have any complications later on.

[Olasunkanmi]

Thank you I actually was looking for the thread couldn't find it so thank you and anyone with ideas???


Hi
It appears myself my partner and son have been given 2.5 years ie the 10 route
NOW my daughters Card came in today she is 5 years old and has been given 3 years on the card.

The general letter for grant for the whole family is 2.5years, what should I do call them up to correct it to 2.5 of let it be.

Help please been through enough don't want to have any complications later on.

Hi
It appears myself my partner and son have been given 2.5 years ie the 10 route
NOW my daughters Card came in today she is 5 years old and has been given 3 years on the card.

The general letter for grant for the whole family is 2.5years, what should I do call them up to correct it to 2.5 of let it be.

Help please been through enough don't want to have any complications later on.

If your daughter was born here in UK, then you will qualify to apply for her settlement once she turns 7yrs, so you probably wont need to wait for the 3yrs she was given to finish before making another application for her.

I think you should just ignore it as your daughter wont be using the extra months they gave her if you apply for her settlement when she turns 7yrs.

[Foxy1]

OK Thnx

Thank you I actually was looking for the thread couldn't find it so thank you and anyone with ideas???


Hi
It appears myself my partner and son have been given 2.5 years ie the 10 route
NOW my daughters Card came in today she is 5 years old and has been given 3 years on the card.

The general letter for grant for the whole family is 2.5years, what should I do call them up to correct it to 2.5 of let it be.

Help please been through enough don't want to have any complications later on.

Hi
It appears myself my partner and son have been given 2.5 years ie the 10 route
NOW my daughters Card came in today she is 5 years old and has been given 3 years on the card.

The general letter for grant for the whole family is 2.5years, what should I do call them up to correct it to 2.5 of let it be.

Help please been through enough don't want to have any complications later on.

If your daughter was born here in UK, then you will qualify to apply for her settlement once she turns 7yrs, so you probably wont need to wait for the 3yrs she was given to finish before making another application for her.

I think you should just ignore it as your daughter wont be using the extra months they gave her if you apply for her settlement when she turns 7yrs.