Urgent help required on human rights appeal is allowed.....

[evelynnne]

hi

im seeking urgent help, we applied for ILR under 5yrs work permits. was refused claiming a 9months gap. this was due to an administrative error. We appealed, however the first tier changed the administrative error from 'as of' to 'on', the date was 26 dec, a boxing day, surely ukba does not work on boxing day??????

anyhow the appeal was dismissed and human right was allowed. i have searched information on this and turn up to be Discretionary leave and You will not be able to apply for permanent residence until you have lived in the UK for at least six years (or 10 years in some cases).

We have been here for 10 years, except the 9 months gap, thats 9 yrs in total. surely we will get ILR under human right?????? does the 6yrs/10yrs has to be lawful and continuous?

many thanks

[jami]

In an earlier intance on this forum appeal under immigration rules was dismissed and was allowed under human right grounds. After appeal he was given FLR instead of ILR.

Post further facts of your case. There is gap of 9 month between two leaves in UK or there are absences from UK?