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paragragh 39e and long residence clarification

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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kayasiah
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Posts: 1
Joined: Thu Oct 25, 2018 8:26 pm
England

paragragh 39e and long residence clarification

Post by kayasiah » Thu Oct 25, 2018 9:07 pm

Hi,

I have lived in the uk for more than 8yrs without break both on tier 2 and tier 4 visa.

I lost tier 2 visa because my job ended and couldn't get another tier 2 on time.

My son was born in the uk, he is 6yrs and will 7 years old soon and my wife is pregnant due in 2018.

I made flr(hro) in time application based on her medical ground in 2018 when the last visa was about to expire but was refused in sept 2018 but made another application within 14 days as she can't travel now due to closer delivery date.

I assume she will be given 6 months to deliver her baby and get basic baby vaccination and post natal checks, if i make another valid application after then while the son clock 7yrs and also make private life or family application which will come with right of appeal if refused. the challenges here is that I can't afford be illegal immigrant due to my profession.

I have been a law abiding resident, educated and good tax payer.

My Question
1) has 10 yrs long residence been broken if I have 3 refused applications (including intime application) which were made within 14 days of refusal of immediate previous application while i eventually get family life visa.

2) Does a refused asylum application and appeal counts towards 10 yrs long residence

3) can asylum dependant apply for family life in the uk visa when child turns 7 while awaiting decision of main applicant asylum application or appeal

Thank you.

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zimba
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Posts: 21938
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: paragragh 39e and long residence clarification

Post by zimba » Fri Oct 26, 2018 12:35 am

You became an overstayer in the UK in Sep 2018 when your visa was refused (your section 3C ended). You do not have a right to work anymore and if you do, you are breaking the law :!:
1) has 10 yrs long residence been broken if I have 3 refused applications (including intime application) which were made within 14 days of refusal of immediate previous application while i eventually get family life visa.
You cannot have any more refusal. You are an overstayer and such a period can only be discarded if your current application is granted
2) Does a refused asylum application and appeal counts towards 10 yrs long residence
Appeal time counts if the application was in-time and then you get section 3C protection
3) can asylum dependant apply for family life in the uk visa when child turns 7 while awaiting decision of main applicant asylum application or appeal
I do not see any grounds for seeking asylum in the UK in your case. Am I missing something ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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