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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afzal patel
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by afzal patel » Sun Jul 12, 2015 3:27 pm
Hi
I am afzal.
I am little confused in 10 Years rule. I have my 10 years completing on 29th Spet 2015. Recently i got refusal of my entrepreneur Indifnate leave. Home office give me right of Administration review with in 14 days and i will be cover under section 3 C until the outcomes of administration review. If administration review out comes will bein negative and than if have a gap of some time and if i do any FLR application within 28 days after administration refusal to cover gap of long residency , can i do so?
will consider a law ful gap?
Secondly i was reading rule and its say " you must not be refused in General Ground " what does it mean?
Can you please some advice me on my above circumstances about the gap? Indeed Thanks
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Amber
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by Amber » Sun Jul 12, 2015 11:48 pm
Yes leave to remain can be given, this is either where you do not meet the rules or where the UKVI make a mistake.
Please state what the decision letter said.
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mnaeem126
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by mnaeem126 » Mon Jul 13, 2015 12:04 am
[quote="afzal patel"]Hi
I am afzal.
I am little confused in 10 Years rule. I have my 10 years completing on 29th Spet 2015. Recently i got refusal of my entrepreneur Indifnate leave. Home office give me right of Administration review with in 14 days and i will be cover under section 3 C until the outcomes of administration review. If administration review out comes will bein negative and than if have a gap of some time and if i do any FLR application within 28 days after administration refusal to cover gap of long residency , can i do so? will consider a lawful gap?
In my opinion, the Judicial Review would be better option to stop getting refusal again with FLR application but Seniors like CR001, Vinny, Amber may guide you with their expert views what option you can go on.
Secondly I was reading rule and its say " you must not be refused in General Ground " what does it mean?
https://www.gov.uk/government/uploads/s ... ec1v22.pdf
https://www.gov.uk/government/uploads/s ... ec4v22.pdf
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afzal patel
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by afzal patel » Mon Jul 13, 2015 10:50 am
Hi All
I got reply from Amber, But i am sorry i didn't understand properly. If i submit FLR application after refusal of Administration review just to cover up and complete my 10 Years by that time and than vary my application to ILR on long residency, can i do so? would be consider a law full gap? Or i will be consider over stayer?
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Zee ali
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by Zee ali » Mon Jul 13, 2015 1:21 pm
mnaeem126 wrote:afzal patel wrote:Hi
I am afzal.
I am little confused in 10 Years rule. I have my 10 years completing on 29th Spet 2015. Recently i got refusal of my entrepreneur Indifnate leave. Home office give me right of Administration review with in 14 days and i will be cover under section 3 C until the outcomes of administration review. If administration review out comes will bein negative and than if have a gap of some time and if i do any FLR application within 28 days after administration refusal to cover gap of long residency , can i do so? will consider a lawful gap?
In my opinion, the Judicial Review would be better option to stop getting refusal again with FLR application but Seniors like CR001, Vinny, Amber may guide you with their expert views what option you can go on.
Secondly I was reading rule and its say " you must not be refused in General Ground " what does it mean?
https://www.gov.uk/government/uploads/s ... ec1v22.pdf
https://www.gov.uk/government/uploads/s ... ec4v22.pdf
Time spent on JR dont count towards 10 years ILR (unless u win the JR).
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided
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Zee ali
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by Zee ali » Mon Jul 13, 2015 1:27 pm
afzal patel wrote:Hi All
I got reply from Amber, But i am sorry i didn't understand properly. If i submit FLR application after refusal of Administration review just to cover up and complete my 10 Years by that time and than vary my application to ILR on long residency, can i do so? would be consider a law full gap? Or i will be consider over stayer?
I had long discussions with AMBER about that in the past. Technically u can only vary in time applications. But is this forum i read some cases where people successfully varied out of time applications (28 days overstay period) and they got ILR.
U dont have any other choice do you?
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided
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afzal patel
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by afzal patel » Mon Jul 13, 2015 8:55 pm
Hi vinny/ amber
As I got admistraion review right after refusal which is covered by section 3c,my question is once I submits admistraion review and next day if I vary my application to flr o, before admistraion review reply yet to be come, Can I do so and until my flr application is being considered will my stay consider in long residency or consider law ful gap??
And once I finished my 10 years I again vary my application from flr o to set o (ilr)
As I read in home office guidance, applicant can do vary two or more time.
Can u please advice can I vary my application to FLR O while administration review is being considered??? And my stay will considered as law ful??
Please reply at your earliest please as I have very short time left for my review. Thanks
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geriatrix
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by geriatrix » Tue Jul 14, 2015 4:34 pm
Amber wrote:Please state what the decision letter said.
In other words, tell us why UKV&I has refused your ILR application as a entrepreneur.
General grounds for refusal
Varying an application when under section 3C leave
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