Long Residence and 2023 changes to Immigration Bail

[Nightshade]

Well it says:

The following periods will break continuous residence:

•Immigration bail, temporary admission, and temporary release
•permission as a Visitor, Short-term Student (English language) or Seasonal Worker (or any of their predecessor routes)
•overstaying which is not disregarded

Of course if it breaks the continuous residence then it is not considered lawful residence at all.

Then I have no idea what grounds my ILR was granted on, cause then that means I have a clear break of a good few months in 2018. Ah well not like it matters anymore. On to living my life now hah.

[AmazonianX]

Well it says:

The following periods will break continuous residence:

•Immigration bail, temporary admission, and temporary release
•permission as a Visitor, Short-term Student (English language) or Seasonal Worker (or any of their predecessor routes)
•overstaying which is not disregarded

Of course if it breaks the continuous residence then it is not considered lawful residence at all.

Then I have no idea what grounds my ILR was granted on, cause then that means I have a clear break of a good few months in 2018. Ah well not like it matters anymore. On to living my life now hah. Thats it..

Congratulations.

[Nightshade]

Well it says:

The following periods will break continuous residence:

•Immigration bail, temporary admission, and temporary release
•permission as a Visitor, Short-term Student (English language) or Seasonal Worker (or any of their predecessor routes)
•overstaying which is not disregarded

Of course if it breaks the continuous residence then it is not considered lawful residence at all.

Then I have no idea what grounds my ILR was granted on, cause then that means I have a clear break of a good few months in 2018. Ah well not like it matters anymore. On to living my life now hah. Thats it..

Congratulations.

Thank you !

[vinny]

For reference:

Long Residence: Exactly why Temporary Admission and Immigration Bail no longer count as lawful residence

[Nightshade]

Hi,

Just wanted to bump this topic a bit in case it's of any help to someone in the future. I had done a SAR and I finally found out the reason behind my ILR grant.

Essentially, Home Office accepted that my refusal in 2021 was in error and that ILR should have been granted back then considering I met the criteria and I had made a valid application in 2021. So on that basis they applied discretion (which I requested whilst making the case) and they granted me ILR on the basis of Leave Outside The Rules.

[zimba]

Thanks for this update. This allows us to give out more accurate advice and helps others better

[Nightshade]

Thanks for this update. This allows us to give out more accurate advice and helps others better

No problem.
Just annoyed that it cost me an extra £4445 to get here, £1560 for IHS in 2021 as they rejected the ILR and gave me FLR (FP), and £2885 for another ILR application this year neither of which I'd have had to pay if they had applied the rules correctly back in 2021 (which they fully admit they didn't), or even gave me a right to appeal.

Don't think there's any way to take them to court to claim that money back either.

[Nightshade]

And an extra £1120 for lawyer too this time around, so it's £5565 in total lol
Sheesh !

[Nightshade]

I now have British citizenship, I just wanted to bump this one to update this a bit.

I essentially complained to the home office to refund me the money under Ex Gratia payments since they made this mistake in 2021, and pay for damages. The money would've been for:

1) The money I spent on IHS in 2021 and ILR in 2024 application
2) lawyer fee
3) the interest I've paid on my debt that I took directly due to the above cost as my total debt never exceeded the amount I've spent on immigration since 2021 (not counting naturalisation)
4) damages due to its affect on my life for 3 years (which I will continue to experience as it affected my credit rating etc and also my mental health)

They offered to refund me 1) along with a a tiny sum on top, and told me that if I want more then I should elaborate further how I think their error led to those costs (which I've done and currently awaiting a response). But in agreeing to refund they have basically accepted that they are willing to pay for this mistake. We'll see how it goes, if they don't budge then I'll go to Parliamentary and Health Services Ombudsman as my MP office is also involved in this.

[Jaine2804]

Hi,

I received a decision today and I was granted ILR.

The case I made was that Home Office made an error in 2021 in my decision, didn't give me any right to appeal despite it being a human rights application. And additionally, I mentioned that the rules regarding immigration bail is unclear since the statement of change made note that time spent under immigration bail should not count, much like time spent under any temporary permit. But unlike other temporary permits, the SET(LR) guidelines states that immigration bail will break continuous residency and restart timer.

I argued that there was no mention of such a thing in the court of appeals and stated Vinny's reasoning mentioned here:
https://www.immigrationboards.com/indef ... l#p2128645

Lastly, I said that I do not expect the rules to be changed for my case alone as I understand that the caseworker does not have the power to do so, but given the above, and the fact that I was under an FLR (FP) visa due to exceptional circumstances I request for ILR to be granted under discretion and pointed out that there is provision for such a thing when there are exceptional circumstances.

I do not know what exact grounds they granted me the ILR under as the email makes no mention of anything beyond the fact that I was granted the ILR. But it seems a combination of all the above seem to have done the trick.

I am so happy as the nightmare is finally over !!

Hi can you please advise me on my case if you still in this group.

[zimba]

Hi can you please advise me on my case if you still in this group.

Your case does not resemble the OP's case. OP argued successfully that his ILR should have succeeded in 2021. At that time, the rules allowed time spent under immigration bail to be counted towards the lawful residence period BUT this was changed in April 2024.

[Jaine2804]

Hi
I have same case as I have qualified in 2019 where I had applied for leave outside immigration rules and they have consider my claim under private life Appendix FM and paragraphs 276ADE(1) to 276CE of the Immigration
Rules, by virtue of paragraph 326B of the Immigration Rules but they haven't taken into account my bail period which was granted temporary admission in May 2017 when my Tier 1 entrepreneur ext expired.
They have granted my family visa for 30 months .
In OP's case clearly HO counts his overstayed period despite of new change in rules.
This is the reason I try to get advice on it.

There are also Afzal case he pointed out in his case that might help in my case. I will just try to get support for my Application.

[zimba]

Hi
I have same case as I have qualified in 2019 where I had applied for leave outside immigration rules and they have consider my claim under private life Appendix FM and paragraphs 276ADE(1) to 276CE of the Immigration
Rules, by virtue of paragraph 326B of the Immigration Rules but they haven't taken into account my bail period which was granted temporary admission in May 2017 when my Tier 1 entrepreneur ext expired.
They have granted my family visa for 30 months .
In OP's case clearly HO counts his overstayed period despite of new change in rules.
This is the reason I try to get advice on it.

There are also Afzal case he pointed out in his case that might help in my case. I will just try to get support for my Application.

The UKVI did not consider the new rules because they agreed that his ILR application applied in 2021 (under the old rules) should have succeeded. They did not grant him ILR under the new rules. He literally shared the image of the SAR records from the UKVI above, where this point is being very clearly communicated. You seem to totally ignore this. The recent changes were intended to prevent people like you from securing ILR, now you are claiming that they should just ignore the new changes and apply the old rules in your favour, without any justification at all. The ILR rules now do not let you count the bail period regardless of what happened in the past

[Jaine2804]

Hi
I know that HO not counts Immigration bail period anymore but in OP's post I can clearly see that HO just remove his overstayed period and counts under old rules at the time of his new application in April 2024.

Also he mention in his post that Immigration bail is not break continuously resident but it's just not counts in lawful resident period. This is all about in old rules to argued. I am not saying that this will grant ILR under new rules.
I want to know if I still want to apply my ILR than what form I can apply and just want support to make grounds as I have no immigration adviser.

[zimba]

Hi
I know that HO not counts Immigration bail period anymore but in OP's post I can clearly see that HO just remove his overstayed period and counts under old rules at the time of his new application in April 2024.

Also he mention in his post that Immigration bail is not break continuously resident but it's just not counts in lawful resident period. This is all about in old rules to argued. I am not saying that this will grant ILR under new rules.
I want to know if I still want to apply my ILR than what form I can apply and just want support to make grounds as I have no immigration adviser.

Again you failed to read the posts properly and note that the UKVI actually granted him immigration bail, right after his refusal of his in-time FLR(FP) application. His immigration bail never expired and continued until he was granted leave again. Hence the ILR refusal in 2021 was incorrect as per the rules in place then. UKVI only noticed their error in his latest application in 2024 and made an exception to grant ILR as well as refunding all of his fees and expenses. This has no resemblance to your case at all and your case should not be discussed here, so continue in your own thread