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10 YEAR ILR PRIVATE LIFE APPLICATION: >540 ABSENCES SUCCESS

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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tmrcp3
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Joined: Thu Jan 30, 2014 5:21 pm

10 YEAR ILR PRIVATE LIFE APPLICATION: >540 ABSENCES SUCCESS

Post by tmrcp3 » Sun Jul 20, 2014 8:39 pm

Hi All,

I've been reading about various poster's varying experiences which I derived a lot of value from and felt that it was only write to post my successful experience with my application (and subsequent tribunal) here:

First off about me:

I came to the UK as young teenager in September 2002. I attended boarding school until 2006, then enrolled in a four year degree, finishing my undergrad in 2010, and then I subsequently did a two year masters degree programme which ended in August 2012. So essentially from 2002-2012 I was on nothing but student visas that were constantly being extended.

I applied for ILR in November 2012 with a total of 1000+ :roll: (3 years plus!!) absences. And thus my preliminary postal application was refused as I could not establish 10 years continuous residence. This was to be expected despite enlisting the services of an immigration law firm who provided a cover letter attempting to explain my absences - (that I was still a minor and had to go back home for the majority of my teenage years.)

Ultimately the decision eventually went to a First Tier Tribunal (In 2014, nearly a year and a half after I originally applied :!: ) After another couple of months the Judge ruled in my favour, allowing my appeal under Article 8 of ECHR due to the strength of my 'established private life'!

To clarify further, I have no family here, I am not/no longer in a relationship with a British national, I have no children here (too young for that! :lol: ), and no disabilities. I understand that many people reach the First Tier Tribunal stage with stronger cases than me and still get rejected, however I believe that there were a certain number of factors that were within my favour:

1. The strength of your bundle is VERY important. ASK YOUR FRIENDS TO PROVIDE STATEMENTS. ESPECIALLY IF they have respectable jobs. It is even better if their statements have headers listing the name of the company/organisation/university they are from. This really should not be as hard as people think, if you were here for 10 years you should easily have made friends with a number of people from different backgrounds, UTILISE YOUR NETWORK.

2. Get a good barrister. I'm serious, mine was very good, he knew his area of legal expertise very well. When you are in a tribunal, you and your representation get closing arguments, thus it is integral that your barrister is able to command respect and present his views clearly and effectively citing cases, laws, arguing proportionality etc. (legalese)

3. This third part is something that unfortunately you may not be able to control but I nevertheless feel that it is important: LUCK. I was very lucky to have a very understanding judge. Indeed I fear if my judge was more Draconian I would have already been forced to pack my bags and shipped off on a plane.

So there you have it. I hope you found this useful, I'm now just awaiting the release of my papers and visa. If you have any questions, feel free to ask. I wish you all the best of luck.

Feefa
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Posts: 6
Joined: Thu Sep 04, 2014 10:41 pm

Re: 10 YEAR ILR PRIVATE LIFE APPLICATION: >540 ABSENCES SUCC

Post by Feefa » Thu Sep 04, 2014 11:07 pm

Hi
Am in exact situation as you, i came 2003 and have been here legally since then but i left the country 2009 for 6months 8days between my two masters. Also i was born in the uk and then we left when i was a baby, and i have no connection with my country of citizeship as i grew up in the states.
Do u think i have any chance??
Can u please give me your lawyers details xx

cgp1
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Posts: 5
Joined: Sun Jan 04, 2015 5:11 pm

Re: 10 YEAR ILR PRIVATE LIFE APPLICATION: >540 ABSENCES SUCC

Post by cgp1 » Sun Jan 04, 2015 5:26 pm

Hi tmrcp3,

I'm delighted to hear you managed to get an ILR from this draconian immigration system!

I am pretty in much the same boat as you: I came to a UK boarding school in Sept 2010 all the way till '08, university till '12, got a job as an engineer straight after and am now a senior engineer in my company.

I personally applied for SET(O) in '11 with about 1200 absences, then again in '12 with 1000 absences although this time with our company lawyer. Both applications failed miserably due to the 540 days rule. They took no exceptions to me being a minor during the majority of my absences.

I got a FLR for 30 months from my last SET(O) application due to Article 8. However, from my calculations I will only be eligible for an ILR in late 2017. That means I would have been in the UK for 17 years before I get my ILR!

I'm tired of being a prisoner in the UK. Would it be possible if you could forward me your lawyer's details so that I could fight in this war too?

A million thanks!

Pinkv
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Posts: 1
Joined: Sat Mar 21, 2015 1:45 am

Re: 10 YEAR ILR PRIVATE LIFE APPLICATION: >540 ABSENCES SUCC

Post by Pinkv » Sat Mar 21, 2015 1:56 am

HEy I am on the same boat with you all, in fact i'm almost exactly the same as you!! I also applied ILR this january 2015, and came to england when i was 13, did a master, total of absences are 1022.... took the biometrics, now still waiting.... previous visa status was tier 4 student which technically i am still under. sigh it's really frustrating now knowing whats next.. I would also like to know your lawyer's detail if possible at all please:) and also i have question, do i have the right to work while await the decision of my ILR? i've got a few job offers but i don't know if i have the right to work given my status remain as a tier 4 student ... does anyone know please? many thanks :) good luck to all of us lol :D

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