10 Year Long Residency...

[saini4u]

My friend came to this country in October 2002 on student visa. and after that he is always legal in UK.

His last visa was expiring in September 2012. He was short of few days for Long residency. Then he applied for FLR on tier 4 student, his visa is refused due to funds.

He received his refusal on 17 Jan 2013. Now he has completed 10 Year in this country.

My question is
Did he apply for 10 Year Long Residency?

[Graceofgod]

My friend came to this country in October 2002 on student visa. and after that he is always legal in UK.

His last visa was expiring in September 2012. He was short of few days for Long residency. Then he applied for FLR on tier 4 student, his visa is refused due to funds.

He received his refusal on 17 Jan 2013. Now he has completed 10 Year in this country.

My question is
Did he apply for 10 Year Long Residency?

I think he is eligible to apply on 10 years basis but he could have varied his application when he completed 10 years stay in the UK.

[saini4u]

Hi Graceofgod

He has already completed his 10 year period on Oct 2012.

He has received Tier 4 (General) FLR refusal due to funds on 17 Jan 2013.

If he apply for 10 Year ILR with in 28 days after refusal. Will he considered legal to do so?

[Graceofgod]

Hi Graceofgod

He has already completed his 10 year period on Oct 2012.

He has received Tier 4 (General) FLR refusal due to funds on 17 Jan 2013.

If he apply for 10 Year ILR with in 28 days after refusal. Will he considered legal to do so?

According to settlement policy guidance they accept the application no more than 28 days after the last limited leave to remain in the UK so he should be fine if he meets other requirements for 10 years ILR such as LIUK test, no gaps on visas and no break on continuous residency.

[Tier 4]

He received his refusal on 17 Jan 2013. Now he has completed 10 Year in this country.

He should have varied the ground of Tier 4 application to ILR back in Oct 2012 while on 3C leave, don’t understand why he waited till Jan 2013.

Now his case complicated than that.

[saini4u]

Hi Tier 4

Thanks for your replay...

"Out of time applications made on or after 9 July 2012
Applicants for an extension of stay or ILR must not have overstayed by more than 28 days on the date of application. The 28 day period of overstaying is calculated from the latest of the:
 end of the last period of leave to enter or remain granted
 end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
 the point that a migrant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain."

I found this info on
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

What options he has now.

Can he still apply for ILR?

[saini4u]

Any one...

[wpilr_nov12]

From the long res doc pp 15, 3C leaves can be included to make up 10 years. From pp25, he can apply within 28 days of being served notice of refusal.

I think he can apply. I would, in his situation. Ask here for more help (he is going to need it).

But time is tight.

Good luck.

[saini4u]

HI wpilr_nov12

Thanks for your replay.

I ask him to apply for ILR.

[wpilr_nov12]

Your friend needs to READ the document (my Useful Links below, go to Long Residence) and understand for himself his circumstances at his application, so that he is well prepared with all the details required.

And his clock is ticking.

[sailesh]

ok wrong things

[saini4u]

Hi Sailesh

Could you please explain what you want to say here?