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Long Residency & Temporary Admission

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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amir0
Newly Registered
Posts: 5
Joined: Fri Aug 08, 2014 4:49 pm

Long Residency & Temporary Admission

Post by amir0 » Fri Aug 08, 2014 7:32 pm

Hey guys I am an asylum seeker who goes to reporting on a regular basis since 2006. I have been given a temporary admission which is called IS.96 with 2 conditions:
1. I report every 8 weeks
2. I live at my address


Long story short, I am here for 8 years even though I am refused but I am on temporary admission. In gov.uk I found a link which has a section about Temporary Admission Treatment with an example, which I paste here and you can read:

Treatment of temporary admission
This page tells you when temporary admission counts as lawful residence for 10 year long
residence applications.
Temporary admission only qualifies as lawful residence if leave to enter or leave to remain is
later granted
. For example, if an applicant is granted leave following a period of temporary
admission, the time on temporary admission counts as lawful residence.
For an example of when temporary admission counts as lawful residence, see example 4 in
related link: Examples of continuous lawful residence.
For more information on temporary admission, see related link: 2.0 - Temporary Admission.
--------------------------------------------------------
Example 4
A person applies for leave to enter at port on 31 January 1995, and is granted temporary
admission. The person remains on temporary admission until 27 June 2003, when they are
granted four years leave to enter until June 2007. On 1 February 2005, the person applies
for indefinite leave under the 10 years rule.
Question Has the person completed 10 years continuous lawful residence in the UK?
Answer
Yes, as the person was granted leave in 2003 following a period of temporary
admission, their time on temporary admission between 1995 and 2003 counts
as lawful residence, and the person has been here lawfully for 10 years.


http://webcache.googleusercontent.com/s ... clnk&gl=uk


My question is, I am applying for further submission and if they accept my case and grant me Discretionary Leave for instance next year which will be 9 years I will be in the UK, when it gets to year 10 can I apply for ILR? Based on information on the top if they grant you Discretionary Leave, then your years which you are in temporary admissions will count towards your long residency ILR application isn't it? If you don't know, please do not respond but if you do please let us know.

Thank you

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Long Residency & Temporary Admission

Post by Obie » Fri Aug 08, 2014 8:06 pm

As the rule clearly states, you residence will be considered lawful if your temporary admission is followed by a grant of Leave.
Smooth seas do not make skilful sailors

amir0
Newly Registered
Posts: 5
Joined: Fri Aug 08, 2014 4:49 pm

Re: Long Residency & Temporary Admission

Post by amir0 » Sat Aug 09, 2014 2:31 pm

Whereabout the article you see grant of Leave? OK I see that. Is it when it says if an applicant is granted leave FOLLOWING a period of temporary admission? Doesn't that mean later?

That's exactly what I mean. I have temporary admission and later if I granted leave which means FOLLOWING a period of temporary admission I can apply for long residency then because temporary admission counts as lawful residence.

Thank you for responding

Aslans
Newly Registered
Posts: 20
Joined: Tue Jan 13, 2015 4:46 am

Re: Long Residency & Temporary Admission

Post by Aslans » Mon Nov 02, 2015 11:11 pm

So someone who is served IS96 temporary admission and completes 10 years lawful, can submit ILR?

Anyone got ILR 10 year like this ?

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