14 Year Long Residence Stop the Clock

[ahussa]

Hey all,

I know of someone who applied for ILR on the basis of 14 years residence in the UK. Date application was made was in May 2012, which means she falls under the old immigration rules.

This application was refused saying that she received a IS.151A and so she did not have 14 years residence.

The question is firstly, where can i find the exact immigration rules prior to 9 july 2012 because i need to check the rules as to whether if issued with any document from ukba then does that stop the 14 year clock?

Secondly, her position is that she never received any such document.

Please advise bit of a gry area.

I thought that if you are issued any document from ukba during the 14 years then the clock stops......

please share your thoughts

[diggingdeep]

Yes according to immigration rules prior to 9 july 2012. if you were issues with IS.15IA it does stop the clock. read this thread if you want to know more http://www.immigrationboards.com/viewtopic.php?t=55963

You say she think she never receive such document. She need to request her SAR file which contains all his immigration records to make sure.

Depending on her circumstances she might be qualified to apply under new rule (post 9 july 2012). There is nothing to stop the clock as long as one meet the requirements or on human right ground. She might on human right ground.

[ahussa]

Hey thanks for the reply.

The new rulesrequire stay of 20 years but she may have chance on human rights grounds.

When you request SAR file then sometimes it says "papers served to file" and sometimes it does actually be sent out or in person

Question is if its served to file then that want stop the clock would it?

She has appeal and has hearing scheduled soon thats why want to make best possible case

[diggingdeep]

As far as i know the file will always be sent by post within 40 days.
http://www.ukba.homeoffice.gov.uk/sitec ... boutus/sar