10 Years Long Residence ILR Refused - Fairly Complicated

[daviddavidson]

Ive been living in the UK since I was 12 years old (now 23). Ive been lawfully studying here since then. Before finishing my undergraduate degree last year, in december, I tried applying for ILR the first time and got rejected due to the amount of days I've been out of the country, which was around a week or two over. I had to estimate the first few years here as I lost the passport that I had from 2006-2009.

After finishing my undergraduate degree, I applied for a masters degree and got an offer from a university. I then proceeded to apply for a Tier 4 general student visa to extend my stay but unfortunately got rejected due to forgetting sending a particular document. PS

I was then advised to apply for ILR in the 14 days after my rejection otherwise if I had to leave the country the 10 years of lawful residence would be broken, so I did that.

I was send a letter to provide biometrics last week which I did but this morning which is a few days later I recieved an email from UPS under the title of Home Office. When I was rejected my Tier 4 visa they send their rejection letter via UPS.

I'm sure they would not of decided my application in a positive direction as I've only applied last month and it takes up to 6 months so it looks as if I've been rejected the second time but this time I've got no legal leave and as far as I'm aware I'm now an overstayer?

My questions are:

1) What would be my options if the letter that comes tomorrow is a rejection which it most likely is? Would they give me the option of an appeal or an administrative review?

2) Would I be able to challenge the Home Office on the human rights as Ive lived here half of my life including all my teenage years? I have little grasp of the language of my home country so going back there would be a nightmare.

I just don't understand why they would reject me this time as I'm definitely in the clear in terms of they days I've been out of the country as in the past two years I haven't left UK even once. I would like to note that they also kept my passport when I applied for tier 4 general student visa, but I just mentioned that in my cover letter as they advised me. But may that be the reason? Or could they just reject me for no reason because I've been rejected for ILR and Tier 4 once?

[makky86]

Ive been living in the UK since I was 12 years old (now 23). Ive been lawfully studying here since then. Before finishing my undergraduate degree last year, in december, I tried applying for ILR the first time and got rejected due to the amount of days I've been out of the country, which was around a week or two over. I had to estimate the first few years here as I lost the passport that I had from 2006-2009.

You cannot be absense out of the UK in any year more than 180 days not even one single day ! You cannot challenge that unless you have exceptional reason.

Can you provide your complete history with all the dates you leave the UK came back?

I was then advised to apply for ILR in the 14 days after my rejection otherwise if I had to leave the country the 10 years of lawful residence would be broken, so I did that.

They already refused your ILR so why did you apply again? No point wasting money that way ! Instead you could have applied FLR (Private life) as you have been in the UK legally for last 10 years

https://www.gov.uk/government/publicati ... form-flrfp

You'd have more changes of being approved on this route.

1) What would be my options if the letter that comes tomorrow is a rejection which it most likely is? Would they give me the option of an appeal or an administrative review?

It really depends but its no piont going with AR or appeal as the decision is correct because you were out of the uk more than 180 days in any year.

2) Would I be able to challenge the Home Office on the human rights as Ive lived here half of my life including all my teenage years? I have little grasp of the language of my home country so going back there would be a nightmare.

Yes, you can apply for FLR private life , see my above answer.

I just don't understand why they would reject me this time as I'm definitely in the clear in terms of they days I've been out of the country as in the past two years I haven't left UK even once. I would like to note that they also kept my passport when I applied for tier 4 general student visa, but I just mentioned that in my cover letter as they advised me. But may that be the reason? Or could they just reject me for no reason because I've been rejected for ILR and Tier 4 once?

I am not sure if you understand how the absenses works ! If you have 180 days in a year your clock reset to that year and then you'd need to spend 10 years from that year to be eligible for ILR (long reisdency)

e.g.if you have 180 days in 2011 then you'd be eligible to apply ILR in 2021 !!!!!

[daviddavidson]

Hi @makky86 .

Thank you for your reply.

If I'm rejected this time will I still get 14 days where I will be able to re-apply for FLR(FP)?

What are the limitations of this application? Are there day restrictions, similar to ILR?

Many thanks

[secret.simon]

A detailed immigration history with dates (month/year will do initially) of all visa applications, rejections and absences can help us guide you better.

2) Would I be able to challenge the Home Office on the human rights as Ive lived here half of my life including all my teenage years?

That leads to FLR(FP), not ILR and is a pathway to a further 10 years to ILR.

[daviddavidson]

Hi secret.simon

Thanks for your response. I will be receiving my rejected documents tomorrow so I can update my post.

How much leave will FLR(FP) give me until I can apply for ILR if it is successful?