Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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sdi
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by sdi » Thu Jun 16, 2016 5:38 pm
Hi Gurus
Arrived in the UK on 31 Aug 2006. University withdrawn sponsorship due to non payment of tuition fee. Curtailment letter has been issued on 09 June 2016 and last date to leave the country is 07 Aug 2016. In this situation would it be possible to apply ILR in person on 05 Aug 2016 (26 days early to complete 10 years on 31 Aug 2016)? No criminal history, never refused any visa, no driving points etc.
What is the success chance?
Please please help.
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member
- Member of Standing
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by member » Fri Jun 17, 2016 6:40 am
What has been your immigration status since 2006?
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vinny
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by vinny » Fri Jun 17, 2016 7:11 am
sdi wrote:Hi Gurus
Arrived in the UK on 31 Aug 2006. University withdrawn sponsorship due to non payment of tuition fee. Curtailment letter has been issued on 09 June 2016 and last date to leave the country is 07 Aug 2016. In this situation would it be possible to apply ILR in person on 05 Aug 2016 (26 days early to complete 10 years on 31 Aug 2016)? No criminal history, never refused any visa, no driving points etc.
What is the success chance?
Please please help.
It is
possible, subject to
taxes?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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sdi
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by sdi » Sun Jun 19, 2016 12:42 am
Hi
Immigration history
Arrived as student on 31 Aug 2006.
Student (end 2007)
Student (end 200)
PSW (mid 2012)
Tier 4 (at mid 2013 curtailed bcz started job as Tier 2).
Tier 2 (G) ( at mid 2015 curtailed bcz decided to do PhD rather doing a job).
Tier 4 current visa (curtailed on 09 June 2016. Non payment of tuition fee. Faced sudden health failure close relative, documentary proof available).
09 June 2016 + 60 days of curtailment letter = 07 Aug 2016
A trainee solicitor said that I can not apply ILR on 06 August 2016 (26 days early to complete 10 years) because 10 year clock stopped on 09 June 2016.
Is it true that my application on 06 Aug 2016 will be simply invalid or refused bcz clock stopped on 09 June 2016?
Vinny the links you provided are not related to old regulation? Also the applicant had her daughter's application for 7 years basis.
Thanks for reply.
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jibon
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by jibon » Sun Jun 19, 2016 5:10 am
Dear SDI,
Technically the trainee solicitor is right. For apply the 10 years ILR you have to compel full 10 years legally.
If you have valid visa which the day of the full 10 years then you can apply 28 days before.
Still you have lots of options in your hand.
Better contact with good solicitor who can help you in right way.
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JoeLawerence2
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by JoeLawerence2 » Tue Jun 21, 2016 11:24 am
IMO you have a valid visa till 7th Aug, so you should be able to apply for ILR till 7th Aug if you did not have any previous gaps in last 10 years.
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ats01
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by ats01 » Sun Jul 03, 2016 10:51 am
sdi wrote:Hi
Immigration history
Arrived as student on 31 Aug 2006.
Student (end 2007)
Student (end 200)
PSW (mid 2012)
Tier 4 (at mid 2013 curtailed bcz started job as Tier 2).
Tier 2 (G) ( at mid 2015 curtailed bcz decided to do PhD rather doing a job).
Tier 4 current visa (curtailed on 09 June 2016. Non payment of tuition fee. Faced sudden health failure close relative, documentary proof available).
09 June 2016 + 60 days of curtailment letter = 07 Aug 2016
A trainee solicitor said that I can not apply ILR on 06 August 2016 (26 days early to complete 10 years) because 10 year clock stopped on 09 June 2016.
Is it true that my application on 06 Aug 2016 will be simply invalid or refused bcz clock stopped on 09 June 2016?
Vinny the links you provided are not related to old regulation? Also the applicant had her daughter's application for 7 years basis.
Thanks for reply.
Hi SDI
My case is same as you. The difference is I came in sept 16. Did you manage to find options?
I am thinking to go on fp route. Let me know your situation please.
Thanks
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Mary937
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by Mary937 » Sun Jul 03, 2016 12:34 pm
No impact of curtailment letter on ILR. See the link:
https://www.whatdotheyknow.com/request/ ... ment_on_th
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ats01
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by ats01 » Tue Jul 05, 2016 11:16 pm
Hi Mary937,
Thanks for taking time to provide this link. I read it but I didn't get clear on it. So simply, curtailment period is counted as a complete valid period towards 10 years timeline. Please correct me if I am wrong.
Thanks and let me know please.