10 years long residency rule

[fathema]

Hi All

i am requesting advice from all specially moderators about the long residency rules

- my cousin was in psw work visa - his visa got expired on 7 jan 2011 .he forget ( stupid ! ) about the expiry date then he applied by post on 29 jan for spouse visa ( FLR - M ) .but his visa got rejected and after putting a reconsideration letter he got a discretionary leave for 3 years based on marriage with British citizen partner .

My questions are -

- After expired visa , 28 working days is safe period means will he be able to apply for 10 years long residency after completing of 6 years ( discretionary period ( N.B - he came to this country 2007 jan )

so it means on 2017 he will complete 10 years .but the confusion is that period of delay after expired visa will break the 10 years residency rules ?

- he got 2 option , one after completion of 6 years discretionary visa / or if marriage break down then 10 years residency visa .

I will be so grateful for valuable and professional advice.

looking forward for your replies

regards and best wishes

[geriatrix]

Under current rules,

The earliest he may be eligible for settlement under (10 year) long residence will be on his 10th anniversary from the date he was granted discretionary leave.

the earliest he may be eligible for settlement under discretionary leave will be on the 6th anniversary from the date he was granted discretionary leave.

[fathema]

Many thanks to sushdmehta for reply

i understand about the ILR process after 6 years of DL

But i dont understand why not 10 years long residency as UK border agency says if a person visa expire and within 28 days he apply and get another visa he still not break the rule of 10 years long residency ( only if anyone apply after 28 days ! )

so my cousin come to uk 2007 and by 2017 he will complete 10 years ( 2 times extension of DL ) so either he can apply on the ground of 6 years DL / Or 10 years long residency on the same year 2017.

Please clarify this

Many thanks again

[geriatrix]

But i dont understand why not 10 years long residency as UK border agency says if a person visa expire and within 28 days he apply and get another visa he still not break the rule of 10 years long residency ( only if anyone apply after 28 days ! )

In context of settlement under (10 years) long residence, discretion can only be applied in the applicant's favour when an out-of-time application is made within 10 calendar days. In this case the application was out-of-time by at least 21 calendar days.

See Single gap in lawful residence.