Complex ILR situation

sunshine23 · Post by **sunshine23** » Mon Jan 07, 2013 11:18 am

Hello People.

I have a complex situation for which I need your guidance and suggestions.

I am planing to apply for ILR based on long residency for 10 years. However there are 2 main complications.

1. I have overstayed as a student before getting my visa extension for about 35 days .

2. Just before I completed my 10 years in UK about 4 months short My visa has been changed to EU family permit as I have been married to a German citizen.

My hope is that home office doesn't have record of my overstay unless it is recorded in my SAR file. That particular overstay can only be seen in my old passport which has expired and which is lost.

So my questions are

1. How much of a change do i have in obtaining ILR ?

2. If I get rejected , can i have a judicial review and argue that My whole life is based in UK now. I am married to EU citizen, I have a limited company and my family and friends are here.

Would be interested to hear about your experiences and suggestions on my situation.

By the way I have applied for SAR file and waiting for it since more than 3 months.

Thank you !

wpilr_nov12 · Post by **wpilr_nov12** » Mon Jan 07, 2013 12:02 pm

Please provide all the relevant dates of your immigration history.

sunshine23 · Post by **sunshine23** » Mon Jan 07, 2013 12:24 pm

wpilr_nov12 wrote:Please provide all the relevant dates of your immigration history.

Here are my dates .

Entered Uk on student visa SEP 20 2002

2002 to 2006 Continuous student visa .

from 2006 August to 2006 October Overstay as student .

October 2006 -to October 2008 ( fresh talent visa-Scottish )

DEC 2008 to DEC 2011 ( Tier1 ) visa

Got married in July 2011 to EU citizen.

Applied for EEA2 Family visa in DEC 2011.

Got EEA2 Family visa in May 2012.

Currently on EEA2 family permit.

Also I came across another option which is ILR based on spouse of EU citizen for 2 years. I qualify for old rules because I got my EEA visa in Before July 2012 when the rules have changed.

Is this an option for me so that I can apply for it after July 2013 ?

Many thanks

wpilr_nov12 · Post by **wpilr_nov12** » Mon Jan 07, 2013 1:06 pm

sunshine23 wrote: Here are my dates .

Entered Uk on student visa SEP 20 2002

2002 to 2006 Continuous student visa .

from 2006 August to 2006 October Overstay as student .

October 2006 -to October 2008 ( fresh talent visa-Scottish )

...

On what date did the visa expire? On what date did you apply for Scottish-Fresh Talent scheme?

sunshine23 · Post by **sunshine23** » Mon Jan 07, 2013 2:16 pm

wpilr_nov12 wrote:
sunshine23 wrote: Here are my dates .

Entered Uk on student visa SEP 20 2002

2002 to 2006 Continuous student visa .

from 2006 August to 2006 October Overstay as student .

October 2006 -to October 2008 ( fresh talent visa-Scottish )

...
On what date did the visa expire? On what date did you apply for Scottish-Fresh Talent scheme?

My student visa expired on 31 AUG 2006 I got the fresh talent visa on 24th OCT 2006. This is my overstay period.

wpilr_nov12 · Post by **wpilr_nov12** » Mon Jan 07, 2013 2:19 pm

wpilr_nov12 wrote: On what date did the visa expire? On what date did you apply for Scottish-Fresh Talent scheme?

sunshine23 · Post by **sunshine23** » Mon Jan 07, 2013 2:38 pm

wpilr_nov12 wrote:
wpilr_nov12 wrote: On what date did the visa expire? On what date did you apply for Scottish-Fresh Talent scheme?

sorry ,

I got the fresh talent visa on the same day i applied. it is an appointment at the visa office.

So i applied for my fresh talent and got the visa on 24th OCT 2006.

wpilr_nov12 · Post by **wpilr_nov12** » Mon Jan 07, 2013 2:54 pm

sunshine23 wrote: ...
I am planing to apply for ILR based on long residency for 10 years. However there are 2 main complications.

1. I have overstayed as a student before getting my visa extension for about 35 days .
...
So my questions are

1. How much of a change do i have in obtaining ILR ?

It is highly unlikely that you will be successful on your application for ILR via the 10yr route. Best to look at other available options.

sunshine23 · Post by **sunshine23** » Mon Jan 07, 2013 2:59 pm

wpilr_nov12 wrote:
sunshine23 wrote: ...
I am planing to apply for ILR based on long residency for 10 years. However there are 2 main complications.

1. I have overstayed as a student before getting my visa extension for about 35 days .
...
So my questions are

1. How much of a change do i have in obtaining ILR ?
It is highly unlikely that you will be successful on your application for ILR via the 10yr route. Best to look at other available options.

Thanks for your reply . Another Idea just ran across my mind. Not sure if it applies to me.

I have been on fresh talent visa for 2 years and tier 1 visa for 3 years which are all clean. can I use these times as my 5 year period for ILR based on 5 years ?

wpilr_nov12 · Post by **wpilr_nov12** » Mon Jan 07, 2013 3:01 pm

You need to currently be in Tier 1 for a start.

Maybe get to know more about your EEA options http://www.immigrationboards.com/viewforum.php?f=45

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Complex ILR situation

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