Long Residence (10 years) Dilemma

[ccha]

Hello All,

I applied for ILR based on 10 years LR on 14 May 2016 (a day before my Tier 1 expired).

Immigration history that was formed the reason to refusal:
On 25th October 2004 you applied for leave to remain which was granted on 25 October 2004 valid to 30 November 2006.
On 02 January 2007 you made an out of time application (33 days out of time) for leave to remain. This was granted on 22 February 2007 valid to 30 November 2007.

Reason for refusal:
Consideration has been given to your application and it is noted from the above immigration history that your application on 02 January 2007 was made 33 days out of time. Your next grant of leave was given on 22 February 2007. This means you were without lawful leave for 83 days between 20 November 2006 to 22 February 2007 when you next period of leave was granted. As such your period of continuos lawful residence is considered to have been broken at this point.

With this in mind, you have not demonstrated ten tears continuous lawful residence and cannot satisfy the requirement of paragraph 267 B(i)(a) and (v).

Paragraph 267B (v) says:
(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaing between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 days period.

My History + Comments
I arrived in the UK on 04 September 2003. (almost 13 years).

What are my options?

[Abc499]

unfortunately they are correct your continuous residency broke on that point which they mention. As you were aware of it, your could apply T1G to ILR which was your last leave. (if the application within 28 days overstay and following application successful, on that case probably continuous residency will not be considerate broken)

wait for seniors comments/help.

[ccha]

Thank you for the reply Abc499.

I look forward to getting some rescue.

[physicskate]

Thank you for the reply Abc499.

I look forward to getting some rescue.

Can you not extend your in your current category? You will be eligible for long residency 28 days before Feb 22, 2017...

[Abc499]

If you have appeal right, then you can consider all the options considering
1. still T1G to ILR,
2. Appeal
3. Appeal and then again January 2017 it will be 10Y, then apply again

Surely here from seniors you will get best advise.

[ccha]

Hey physicskate,

My current category is Tier 1 General which expired on 15th May 2016 (a day after I applied for ILR on 10 years).

I am not sure if I can extend under Tier 1. I will read into it.

[ccha]

I forgot to mention. I have been given the right to appeal.

[Casa]

Tier 1 General has been closed and it is no longer possible to extend a visa under this category.

[ccha]

Tier 1 General has been closed and it is no longer to extend a visa under this category.

Thank you Casa. Noted.

[Abc499]

Tier 1 General has been closed and it is no longer to extend a visa under this category.

he was already on T1G so probably it means T1G to ILR

Edit: Sorry I mean probably physicskate mean it by extension of current leave

[Abc499]

However, its expired now and he did not apply through that.

[Casa]

Tier 1 General has been closed and it is no longer to extend a visa under this category.

he was already on T1G so probably it means T1G to ILR

Edit: Sorry I mean probably physicskate mean it by extension of current leave

I understood that the OP was already on Tier1 General and was pointing out that it's no longer possible to extend leave under this category.

[Abc499]

Tier 1 General has been closed and it is no longer to extend a visa under this category.

he was already on T1G so probably it means T1G to ILR

Edit: Sorry I mean probably physicskate mean it by extension of current leave

I understood that the OP was already on Tier1 General and was pointing out that it's no longer possible to extend leave under this category.

Sorry you are absolutely right. actually I thought physicskate referring the current leave extension means ILR. as if he can apply now fresh application then probably no reason that he can not apply ILR on that route (as he must be on T1G already 5 year). So even if extension closed this would not be matter on this case.

[Casa]

I'm assuming the OP hadn't completed 5 years on T1G, which is why he applied for ILR under long residence with a combination of time spent under other visa categories (due to not being able to extend to 5 years under T1G).

[Abc499]

I'm assuming the OP hadn't completed 5 years on T1G, which is why he applied for ILR under long residence with a combination of time spent under other visa categories (due to not being able to extend to 5 years under T1G).

Could be.
but i think T1G initial application closed in 2011, so usually all have complete 5Y unless they were away (OP was not as he applied through LR). also by default HO definitely give everyone chance to get 5Y and will not trap anyone giving a visa and later no other way. So they give everyone chance to complete 5 year (2+3), extension closed and all can settle now.

However, my knowledge depth is too little that is why my user name Abc so I could be wrong most of the times

[Casa]

"With effect from 6 April 2015, Tier 1 (General) will close and applications to extend leave will no
longer be accepted. Applicants who are currently in the UK and who wish to apply to extend their
stay must submit an application on or before 5 April 2015."


Note: Tier 1 (General) is closed to overseas applicants. Applications from people who are not
already in the UK with leave in a category that permits switching into Tier 1 (General) will no longer be
accepted.

It's possible that the OP was able to switch to T1G from within the UK after the category was closed for overseas applicants. Maybe the OP would like to clarify that as a matter of interest.

[Abc499]

thanks... Casa

@ccha
if you clarify the last leave T1G status ( initial , how long etc), then it could be more clear for the experts to advise you.

[helpingperson]

Hello All,

I applied for ILR based on 10 years LR on 14 May 2016 (a day before my Tier 1 expired).

Immigration history that was formed the reason to refusal:
On 25th October 2004 you applied for leave to remain which was granted on 25 October 2004 valid to 30 November 2006.
On 02 January 2007 you made an out of time application (33 days out of time) for leave to remain. This was granted on 22 February 2007 valid to 30 November 2007.

Reason for refusal:
Consideration has been given to your application and it is noted from the above immigration history that your application on 02 January 2007 was made 33 days out of time. Your next grant of leave was given on 22 February 2007. This means you were without lawful leave for 83 days between 20 November 2006 to 22 February 2007 when you next period of leave was granted. As such your period of continuos lawful residence is considered to have been broken at this point.

With this in mind, you have not demonstrated ten tears continuous lawful residence and cannot satisfy the requirement of paragraph 267 B(i)(a) and (v).

Paragraph 267B (v) says:
(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaing between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 days period.

My History + Comments
I arrived in the UK on 04 September 2003. (almost 13 years).

What are my options?

Have you thought about discussing with solicitors/barristers about requesting HO to use discretion or explaining exceptional circumstances?

Instead of being over-stayer for 28 which is allowed, you over-stayed 5 more days, it is breach of long residence but it is worth trying as if you can convince HO or court then you got ILR. I think you got chance, at least you should explore with an immigration barrister.

[ccha]

"With effect from 6 April 2015, Tier 1 (General) will close and applications to extend leave will no
longer be accepted. Applicants who are currently in the UK and who wish to apply to extend their
stay must submit an application on or before 5 April 2015."


Note: Tier 1 (General) is closed to overseas applicants. Applications from people who are not
already in the UK with leave in a category that permits switching into Tier 1 (General) will no longer be
accepted.

It's possible that the OP was able to switch to T1G from within the UK after the category was closed for overseas applicants. Maybe the OP would like to clarify that as a matter of interest.

I was on Tier 1 General and had completed 5 years in the category. I assumed I'll have a walk over and hence applied for ILR in long residence category. Quite a few assumptions, poor research and have now woken up once the damage is done. Better late than never is what I tell myself today. Maybe not the right quote tomorrow if I get booted out of the country.

[ccha]

Hello All,

I applied for ILR based on 10 years LR on 14 May 2016 (a day before my Tier 1 expired).

Immigration history that was formed the reason to refusal:
On 25th October 2004 you applied for leave to remain which was granted on 25 October 2004 valid to 30 November 2006.
On 02 January 2007 you made an out of time application (33 days out of time) for leave to remain. This was granted on 22 February 2007 valid to 30 November 2007.

Reason for refusal:
Consideration has been given to your application and it is noted from the above immigration history that your application on 02 January 2007 was made 33 days out of time. Your next grant of leave was given on 22 February 2007. This means you were without lawful leave for 83 days between 20 November 2006 to 22 February 2007 when you next period of leave was granted. As such your period of continuos lawful residence is considered to have been broken at this point.

With this in mind, you have not demonstrated ten tears continuous lawful residence and cannot satisfy the requirement of paragraph 267 B(i)(a) and (v).

Paragraph 267B (v) says:
(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaing between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 days period.

My History + Comments
I arrived in the UK on 04 September 2003. (almost 13 years).

What are my options?

Have you thought about discussing with solicitors/barristers about requesting HO to use discretion or explaining exceptional circumstances?

Instead of being over-stayer for 28 which is allowed, you over-stayed 5 more days, it is breach of long residence but it is worth trying as if you can convince HO or court then you got ILR. I think you got chance, at least you should explore with an immigration barrister.

Hi,

I have spoken to a few barristers today (saturday) and I do intend to appeal. I opened this thread to get some neutral advice as some of the barrister friends have shown great optimism whilst others have taken my through a ride of fear. Thanks again for your advice and taking the time to write here. You're a hero.

[Obie]

I beg to differ with any lawyer who advised you not to appeal, i am in agreement with ABC499, you are better of appealing, as you have your Tier 1 General Visa which has been extended till the appeal is exhausted.

If you do not appeal you will loose everything, especially if you do not qualify for settlement.

I believe by February 2017, your appeal would not have been heard, and you can apply for settlement.

That may be your only viable option in my view.

[Mrchaany]

Dear ccha
My advice is very clear
I think you will be eligible for 10 years long residency on February' 2017 once again . so lodge appeal in time and vary your application for ILR after six months time.
Don't put money at soliciters pocket

[ccha]

I beg to differ with any lawyer who advised you not to appeal, i am in agreement with ABC499, you are better of appealing, as you have your Tier 1 General Visa which has been extended till the appeal is exhausted.

If you do not appeal you will loose everything, especially if you do not qualify for settlement.

I believe by February 2017, your appeal would not have been heard, and you can apply for settlement.

That may be your only viable option in my view.

Thank you Obie and ABC499. I've been advised by the solicitors that the appeal should (optimistically) be held by the court as 5 days isn't a big deal and could be argued with a convincing statement.

[Obie]

What 5 days? When was the refusal?

It is important that appeal is filed in time or you will lose section 3C rights.

[ccha]

Dear ccha
My advice is very clear
I think you will be eligible for 10 years long residency on February' 2017 once again . so lodge appeal in time and vary your application for ILR after six months time.
Don't put money at soliciters pocket

Thanks Business to Business. You recommend I lodge an appeal without a solicitor? Worth arguing my case on the 5 days lapse on personal grounds?

Obie, I should've applied for visa by 28th December 2006 (within 28 days to be legit) and I applied on 2nd January 2017 (after 33 days). So the 5 days.

I will appeal in time certainly. I am looking to get this out of the way this week.