10years long residency

[shahab99]

hi
I have completed 7 years on student visa and then my visa for psw was refused and i did appeal and won the appeal after that the home office appealed and they won the appeal .After that i have 4 months gap and then my solicitor appealed again and i got 2 years discretionary visa. Now my 10 years are completed can I APPLY FOR ILR. CAN I APPLY A VISA FOR MY WIFE AND A SON WHO ARE IN PAKISTAN ON DISCRETIONARY VISA.

[Damanisshallo]

After that i have 4 months gap

Can you elaborate this?

When the Home Office won the appeal, how much time did you had to re-appeal?

[shahab99]

they did not mention any date to reapply for appeal

[Damanisshallo]

Can I APPLY FOR ILR. CAN I APPLY A VISA FOR MY WIFE AND A SON WHO ARE IN PAKISTAN ON DISCRETIONARY VISA.

You will not be able to apply for Indefinite Leave to Remain (ILR) until you have lived in the UK for at least six years under the Discretionary Leave to Remain. Application for Indefinite Leave to Remain is made using Application Form HPDL if you were granted discretionary leave to remain following refusal of your asylum claim and in any other case the Application Form SET (O)will be used to apply for Indefinite Leave to Remain (ILR).

However, you can apply under 10 yr LR route provided you meet all other requirements. Please be aware of the DL route which could take not just months but years to grant you with ILR. Follow this post for similar cases.

[shahab99]

I have been living in the UK since October 2002 on student visa and have been outside the UK only three times for not more than a month each time. As I have been living legally on student visa or my case was in court the only time I had a gap of 4 months when my case was refused by the upper upper tribunal in November 2010 and my Barrister didn't send my case for judicial review until April 2011. I had still been living here and no deadline for appeal was given to me during this time. Now it has been ten years and four months in total since I have been living here. I was wondering if the 4 months gap will disqualify me to apply or ILR under the 10 years rule?

[shahab99]

I have been living in the UK since October 2002 on student visa and have been outside the UK only three times for not more than a month each time. As I have been living legally on student visa or my case was in court the only time I had a gap of 4 months when my case was refused by the upper upper tribunal in November 2010 and my Barrister didn't send my case for judicial review until April 2011. I had still been living here and no deadline for appeal was given to me during this time. Now it has been ten years and four months in total since I have been living here. I was wondering if the 4 months gap will disqualify me to apply or ILR under the 10 years rule?