10yr residency overstaying pending determination Allowed?

[bluepearl]

Hello all, I am a new member to the forum and in past I have referred this great forum from time to time to keep myself updated on UK immigration situation. I am in a bit peculiar circumstances where I need your advice on possibility of obtaining Long residency visa.

My immigration history:

Arrived in UK in July 2006

All my previous visa were applied in time and were granted without any issues. After last visa application, I had made In-time appeals upto Upper Tribunal – Appeal lost November 2012 – End of 3C leave

On 28th day after end of 3C leave - applied for Tier 1 Entrepreneur – December 2012

After initial rejection in May 2013 and in-time Judicial reviews, HO conceded and T1E Visa granted in May 2015

Currently working for my business

Will complete 10 years in UK in July 2016

Now, Immigration rule Section 276B (v) states:

'the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period’

Technically, I was an overstayer for 28days before T1 E application but as per my understanding, that 28 days are allowed as above. Also, as above, my period of overstaying between December 2012 and May 2015 should be disregarded by HO as my application was not finally determined as HO has conceded and granted T1E visa.

So, in short, can experts on the board please advise if I can claim unbroken 10yr residency

Thanks alot in advance...

[Babui]

As far my knowledge you will be fine on above that matter just focus on other factors like tax HMRC criminal record etc
Thanks

Hello all, I am a new member to the forum and in past I have referred this great forum from time to time to keep myself updated on UK immigration situation. I am in a bit peculiar circumstances where I need your advice on possibility of obtaining Long residency visa.

My immigration history:

Arrived in UK in July 2006

All my previous visa were applied in time and were granted without any issues. After last visa application, I had made In-time appeals upto Upper Tribunal – Appeal lost November 2012 – End of 3C leave

On 28th day after end of 3C leave - applied for Tier 1 Entrepreneur – December 2012

After initial rejection in May 2013 and in-time Judicial reviews, HO conceded and T1E Visa granted in May 2015

Currently working for my business

Will complete 10 years in UK in July 2016

Now, Immigration rule Section 276B (v) states:

'the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period’

Technically, I was an overstayer for 28days before T1 E application but as per my understanding, that 28 days are allowed as above. Also, as above, my period of overstaying between December 2012 and May 2015 should be disregarded by HO as my application was not finally determined as HO has conceded and granted T1E visa.

So, in short, can experts on the board please advise if I can claim unbroken 10yr residency

Thanks alot in advance...

[bluepearl]

Thanks Babui,

My concern is definition of 'Determined' word...

I have record of taxes, no criminality issue, investing in current present business etc

Any other views from experts on the board please?

Thanks again...

[bluepearl]

Hello again all,

no further comments on above, I assume my application should be fine…

I have further query regarding application strategy in our case for my wife and 2 UK born children

My wife, currently T1E dependent, will complete her own 10yrs after 3 months of my 10 yr completion – she came to UK 3mnths after me as my dependent.

My plan is to apply for her own Long residence within 28 days after once I obtain my ILR visa – this will avoid additional application costs and issue of showing my 18.6k earnings etc

Will this be OK?

Also, for my children, once both parents get ILR, register children for British citizenship. Meanwhile let them on T1E dependents

Also, my issue is should I must apply for children’s visa status change (T1E dependent to ILR dependent) once I obtain ILR?

Please share your views / experience on this

Thanks in advance....

[bluepearl]

I thank all on the forum who has seen my queries, I will really appreciate your guidence on them please...

Thanks in advance...