Importance of declarations on landing cards for Indefinite Leave to Remain applications

[ahmedzaid]

Good day,

This is my 6th year in the UK and I am thinking of applying for the Indefinite Leave to Remain (ILR) after I complete 10 years. For 5 out of the 6 years I was a student, but I am now on visitor visa. On reading the 'general grounds for refusal' regarding visitors (not students) wanting to apply for ILR, I came across the following:

"When an applicant has given an undertaking to an entry clearance officer, Home Office officer or the Secretary of State about the length or purpose of their stay but then does not honour that agreement, you must refuse leave to remain under paragraph 322(7). For example, an applicant states that they will leave the UK at the end of a specific period rather than apply to extend their stay." ( https://www.gov.uk/government/publicati ... -to-remain ) (page 50)

Does this mean that if I enter the UK on a visitor visa and write on my landing card that I am planning to stay for 1 month but then stayed for 2 or 3 months but still left before my visitor visa has expired, that this will lead to my ILR application being refused?

Note also that on the same page of the document it says the following:

"Standard of proof
To refuse leave to remain under paragraph 322(7), you must show that a declaration or undertaking was given by the applicant. You should only refuse under this paragraph when you have reason to doubt the applicant’s intentions and there is clear evidence of the undertaking."

Thank you in advance.

[Casa]

Good day,

This is my 6th year in the UK and I am thinking of applying for the Indefinite Leave to Remain (ILR) after I complete 10 years. For 5 out of the 6 years I was a student, but I am now on visitor visa. On reading the 'general grounds for refusal' regarding visitors (not students) wanting to apply for ILR, I came across the following:

"When an applicant has given an undertaking to an entry clearance officer, Home Office officer or the Secretary of State about the length or purpose of their stay but then does not honour that agreement, you must refuse leave to remain under paragraph 322(7). For example, an applicant states that they will leave the UK at the end of a specific period rather than apply to extend their stay." ( https://www.gov.uk/government/publicati ... -to-remain ) (page 50)

Does this mean that if I enter the UK on a visitor visa and write on my landing card that I am planning to stay for 1 month but then stayed for 2 or 3 months but still left before my visitor visa has expired, that this will lead to my ILR application being refused?
Note also that on the same page of the document it says the following:

"Standard of proof
To refuse leave to remain under paragraph 322(7), you must show that a declaration or undertaking was given by the applicant. You should only refuse under this paragraph when you have reason to doubt the applicant’s intentions and there is clear evidence of the undertaking."

Thank you in advance.

How will you qualify for ILR under 10 years long residence if you are not resident in the UK? Your continuous residence will have been broken once your 5 year Student visa expired.

[ahmedzaid]

Good day,

This is my 6th year in the UK and I am thinking of applying for the Indefinite Leave to Remain (ILR) after I complete 10 years. For 5 out of the 6 years I was a student, but I am now on visitor visa. On reading the 'general grounds for refusal' regarding visitors (not students) wanting to apply for ILR, I came across the following:

"When an applicant has given an undertaking to an entry clearance officer, Home Office officer or the Secretary of State about the length or purpose of their stay but then does not honour that agreement, you must refuse leave to remain under paragraph 322(7). For example, an applicant states that they will leave the UK at the end of a specific period rather than apply to extend their stay." ( https://www.gov.uk/government/publicati ... -to-remain ) (page 50)

Does this mean that if I enter the UK on a visitor visa and write on my landing card that I am planning to stay for 1 month but then stayed for 2 or 3 months but still left before my visitor visa has expired, that this will lead to my ILR application being refused?
Note also that on the same page of the document it says the following:

"Standard of proof
To refuse leave to remain under paragraph 322(7), you must show that a declaration or undertaking was given by the applicant. You should only refuse under this paragraph when you have reason to doubt the applicant’s intentions and there is clear evidence of the undertaking."

Thank you in advance.

How will you qualify for ILR under 10 years long residence if you are not resident in the UK? Your continuous residence will have been broken once your 5 year Student visa expired.

As far as I am aware (from reading and consulting) being present in the UK under a visitor visa counts towards the 10 years. What matters is being legally present in the UK for 10 years, without having spent 180 days in a row or 540 days in total.

[vinny]

True. However, visitors may have problems switching to ILR.

[ahmedzaid]

True. However, visitors may have problems switching to ILR.

Thank you for confirming, Vinny. However, with regards to my original question, will staying more than what was stated on the landing card - even if I leave well in advance of my visitor visa expiring - negatively affect my ILR application later on?

PS. I will probably be on a student visa when I make my application after 4 years, as I am currently applying for master and PhD courses. So, hopefully, I will be switching to ILR from a student visa rather than a visitor visa.

[vinny]

May be okay if you can show a change of circumstances that led to the longer stay.

[ahmedzaid]

Thank you, Vinny.