10 Years long residence ILR Help

Mary937 · Post by **Mary937** » Sun May 29, 2016 7:45 pm

Dear Senior Members and other Members,

I would very much appreciate your opinion in my situation.

In 2010 my college lost licence and my student visa was refused. I appealed to First-Tier Tribunal and lost the case but they made a recommendation in extra paragraph to allow me to finish the course. I misunderstood that I lost the case because I translated the word "dismiss" wrongly. I waited for 3 months to get a letter from Home Office as my college advised me do not contact them before. Then I contacted them and they said that there is no actions from them because I lost my appeal.
I applied to First-Tier Tribunal again to get permission to apply to Upper Tribunal and explained why I made out of time application for permission (due to wrong translation+mislead words about recommendation to finish the course). I was refused again in end of October.
Then I received a letter from Home Office that the decision was reconsidered and I can make a fresh application beginning of November. This application was successful.

My question is would my continuous residence of 10 years be broken at these 3 months when I did not do any actions and just waited for a letter from Home Office (following lost appeal in June) please? Thank you for your time and help in advance.

M.

Mary937 · Post by **Mary937** » Mon May 30, 2016 6:59 pm

Anybody could help me please? Thank you.

Mary937 · Post by **Mary937** » Wed Jun 01, 2016 5:08 pm

Anybody could help me please if my continuous residence has been broken or not? Would it be broken if I did not do application to First Tier tribunal for permission to apply to Upper tribunal on time please? But I explained the reason why I did not do it on time to both tribunals. Thank you very much for your help.

Mary937 · Post by **Mary937** » Mon Jun 06, 2016 11:47 pm

Sorry Vinny, would it be correct to use this website for calculation please? If you count on calendar then 14th July would be 29th day not 28th day? Thank you.

Post by **vinny** » Tue Jun 07, 2016 12:32 am

When does your leave expire?

Mary937 · Post by **Mary937** » Tue Jun 07, 2016 1:59 am

Vinny, I am applying under 10 years route.

Entry clearance 10/08/2006
Can I apply 13/07/2016 please?

The question is whether this website's calculation is fine for Home Office or they use different methods of calculating dates?

http://www.timeanddate.com/date/dateadded

Thank you.

Post by **vinny** » Tue Jun 07, 2016 2:16 am

When did you initially enter the UK?
When does your leave expire?

Mary937 · Post by **Mary937** » Tue Jun 07, 2016 2:25 am

"Initially" means fisically?

I first entered UK on 10/08/2006.
My leave will expire in November 2016.

Thank you Vinny.

Post by **vinny** » Tue Jun 07, 2016 2:27 am

Mary937 · Post by **Mary937** » Tue Jun 07, 2016 2:36 am

I did not have intention to do multiple posts. I looked at calculations for other guy/girl and just discussed it. Then decided to ask my question. Would appreciate if you can reply regarding my dates please. Thank you.

Post by **vinny** » Tue Jun 07, 2016 2:44 am

CR001's answer is sensible.

Why not give yourself a bigger margin of error? Why are you worrrying about the 28 days?

Moreover, since you have leave up to November then you may have more piece of mind applying from 10/08/2016, and before expiry of leave, after completing the ten years?

Mary937 · Post by **Mary937** » Tue Jun 07, 2016 2:48 am

Because 13 is my favourite number.

How to check what kind of methods of calculation uses UKBA please? Thank you.

Post by **vinny** » Tue Jun 07, 2016 3:44 am

Wednesday, 13 July 2016 seems okay.

Saturday 13 August 2016
Tuesday 13 September 2016
Thursday 13 October 2016

Are also possible.

Mary937 · Post by **Mary937** » Tue Jun 07, 2016 12:08 pm

)) Thank you Vinny.

Mary937 · Post by **Mary937** » Fri Jun 10, 2016 11:11 pm

Dear Vinny and other Members,

Could you comment on this situation please?

In 2010 my college lost licence and my student visa was refused. I appealed to First-Tier Tribunal and lost the case but they made a recommendation in extra paragraph to allow me to finish the course. I misunderstood that I lost the case because I translated the word "dismiss" wrongly. I waited for 3 months to get a letter from Home Office as my college advised me do not contact them before. Then I contacted them and they said that there is no actions from them because I lost my appeal.
I applied to First-Tier Tribunal again to get permission to apply to Upper Tribunal and explained why I made out of time application for permission (due to wrong translation+mislead words about recommendation to finish the course). I was refused again in end of October.
Then in November I received a letter from Home Office that the decision on my application was reconsidered and I was granted a visa.

My question is would my continuous residence of 10 years be broken at these 3 months when I did not do any actions and just waited for a letter from Home Office (following lost appeal in June) please? Thank you for your time and help in advance.

M.

Post by **vinny** » Sat Jun 11, 2016 12:01 am

If you lost your appeal, then it looks like lawful residence may be broken. However, suggest applying for SAR to get more information, eg the basis for their reconsideration may affect lawful residence?

Mary937 · Post by **Mary937** » Sat Jun 11, 2016 12:11 am

I have my SAR but cannot understand whether it was broken or not. They do not write in SAR that it was broken?
I only see that I applied for a visa and this application was granted 1 year later. I did visa application on time and appeal to first tribunal on time. I did not do on time an application for permission to appeal to upper tribunal. Later on I explained the reason for delay (it was 3 months delay). Would it break my lawful residence if my application was successful at the end please?

Thank you Vinny and other Guys.

Mary937 · Post by **Mary937** » Sun Jun 12, 2016 11:54 am

Guys, I would very much appreciate your help. Do they usually write about gaps in lawful residence in SAR papers or not please? How can I understand from my SAR information if I have a gap or not please?

My application for LR was made in time.
Appeal to First-Tier tribunal- in time. Appeal dismissed June 20X0.
PTA First-Tier tribunal made late (3 months) and explanation send. Refused October 20X0
PTA Upper Tribunal refused November 20X0

Appeal rights exhausted November 20X0.

My application for LR was reconsidered and I was granted visa 4 days earlier before date of appeal rights exhausted.
I do not see any other information from SAR. Was my continuous residence broken or not please? Do I have chances to take the same day service to apply for ILR?

Thank you for your help.

Mary937 · Post by **Mary937** » Mon Jun 20, 2016 8:41 pm

I received a curtailment letter today on 20/06. Would my continuous residence stop today or a curtailment letter will not break a long residence please? Would my continuous residence be stopped on 20/06 or 20/08 please? Thank you.

Mary937 · Post by **Mary937** » Mon Jun 27, 2016 11:42 pm

Is there any guidance on that please?

Do I have to fill section 1 "Payment details Set LR" if I already booked a premium service and paid the whole amount in full please? Thank you.

Mary937 · Post by **Mary937** » Sun Jul 03, 2016 5:28 pm

Why do we have the same questions in application form please- questions D13 and E14?

Post by **vinny** » Sun Jul 17, 2016 12:41 am

Congratulations!

Mary937 · Post by **Mary937** » Sun Jul 17, 2016 1:17 pm

Thank you Vinny:-))

For how long do they give ILR card please? They told me that it would be less than 10 years (new rules introduced 1-2 months ago)?

Post by **CR001** » Sun Jul 17, 2016 1:57 pm

Mary937 wrote:Thank you Vinny:-))

For how long do they give ILR card please? They told me that it would be less than 10 years (new rules introduced 1-2 months ago)?

It will be valid till December 2024. You only renew the BRP card, like a drivers license, due to appearances changing. Obviously if you apply for British citizenship, you won't need the ILR BRP card in the future.

Mary937 · Post by **Mary937** » Sun Jul 17, 2016 3:20 pm

Thank you CR001.

Only 8 years? Where to read these rules please?

Immigrationboards.com: Immigration, work visa and work permit discussion board

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