could i be able to apply for ILR base on 10 yr long residenc

[nightmute]

I arrived in UK on january 2003 with student visa. Then I extended it for 3 times. Last visa were given till June,2008. UKBA encountered me on feb, 2008, cancelled my visa and served removal direction. After I went for judicial review, I received an offer from UKBA that if i withdraw case, the home office shall reconsider my situation. I had withdrawn and then UKBA fixed myself to report regularly on home office and gave temporary release. As it became more than 10 years now, could I apply for ILR? I do not have any close family ties in uk but I think I am pretty much adjusted to be in uk.

[vinny]

Why did you choose judicial review? Did you not get a right of appeal?

See also Long Residence.

[nightmute]

No. I didnt have in country right of appeal.

[vinny]

If you were an overstayer for over 10 days, then this may mean that a 10-year Long Residence application cannot succeed. Read the Long Residence Guidance carefully.

[nightmute]

what would be a definition of an over-stayer, i think i do not get that. i believe who stayed in country without authorization.
where as I received temporary admission. I wonder whether it counts with-in this category!

[vinny]

I arrived in UK on january 2003 with student visa. Then I extended it for 3 times. Last visa were given till June,2008. UKBA encountered me on feb, 2008, cancelled my visa and served removal direction. After I went for judicial review, I received an offer from UKBA that if i withdraw case, the home office shall reconsider my situation. I had withdrawn and then UKBA fixed myself to report regularly on home office and gave temporary release. As it became more than 10 years now, could I apply for ILR? I do not have any close family ties in uk but I think I am pretty much adjusted to be in uk.

How did the "UKBA encountered" you on Feb 2008?
If they cancelled your visa, then why didn't you get an in-country right of appeal?
I believe you overstayed after your visa was cancelled until you were granted Temporary admission.

[nightmute]

they raided where i used to work. and my employer called me for a fake training session as i didnt have any work scheduled on that day.
they didnt give me in-country right of appeal.
i had valid visa till june,2008.
the ukba encountered me on feb,2008 and cancelled my visa immediately and put myself on report to the home office and issued a temporary admission.

[jaberdene]

If you were an overstayer for over 10 days, then this may mean that a 10-year Long Residence application cannot succeed. Read the Long Residence Guidance carefully.

Hi Vinny
I think the 10 days rule has been changed.
http://www.immigrationboards.com/viewto ... 292#824292
jab

[penny1012]

If you were an overstayer for over 10 days, then this may mean that a 10-year Long Residence application cannot succeed. Read the Long Residence Guidance carefully.

Hi Vinny
I think the 10 days rule has been changed.
http://www.immigrationboards.com/viewto ... 292#824292
jab

Hi everyone,

I am currently appealing a Tier 1 entrepreneur refusal, just needed to know if my appeal is refused and I go back to my home country asap, get married and come back on a spouse visa within 28 days, will this be considered as a gap in 10 years long residency.

I came here in 2004, been on student visas and psw till September 2012, when I applied for Tier 1 entrepreneur which was refused on 22nd March 2013.

Thank you so much for your help, I really appreciate it.

[jaberdene]

I am currently appealing a Tier 1 entrepreneur refusal, just needed to know if my appeal is refused and I go back to my home country asap, get married and come back on a spouse visa within 28 days, will this be considered as a gap in 10 years long residency.

I came here in 2004, been on student visas and psw till September 2012, when I applied for Tier 1 entrepreneur which was refused on 22nd March 2013.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

see Paragraph Time Spent outside the UK on page 14 , and Example 2 on page 17.

very important thing for you is you MUST have a valid leave on the date you go back your country and return UK with a valid visa within 6 months. (dont have to come back within 28 days, Even you dnt have to come back on spouse visa, you can come back on student visa which is longer than 6 months).

senior members could confirm it.

Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 180 days or less at any one time, and
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see
related link: Information for non-visa nationals.
If the applicant had existing leave to enter or remain when they left and returned to the UK,
the existing leave does not have to be in the same category on departure and return. For
example, an applicant can leave the UK as a Tier 4 (General) student and return with leave
as a spouse of a settled person. Continuous residence is not broken as the applicant had
valid leave both when they left and returned to the UK.
If an applicant was in the UK with a right to reside under European Economic Area (EEA)
regulations when they left the UK and was re-admitted under the EEA regulations,
continuous residence is not broken.

Example 2
 A person enters the UK on 1 September 2004 with entry clearance as a student which
is valid until 31 October 2005.
 On 25 October 2005, before the previous leave expired, the person departs the UK.
 On 5 January 2006 the person re-enters the UK with valid entry clearance as a
student.
Question Has continuous residence been broken?
Answer No. The person had valid leave on the date of their departure and on the date
of their return to the UK, and the time spent outside the UK was less than six
months. Continuous residence has been maintained, even though the person
entered the UK with a fresh grant of leave.

[vinny]

just needed to know if my appeal is refused and I go back to my home country asap, get married and come back on a spouse visa within 28 days, will this be considered as a gap in 10 years long residency.

If your appeal is refused, then you may not have valid leave when you depart the UK.