Long residence SET ILR (10 years route)

[Ahshikh]

Hello guys.

It is an urgent inquiry and I would really appreciate if you guys help me out with this.

I entered UK in October 2006 as a student. I applied for an entraprenuer visa on December 2013 after which my application got rejected. I was given the right of appeal so I appealed against the decision of the HO. My initial appeal was rejected after which I appealed to the upper tribunal. I even got a rejection from the upper tribunal. On july 2015 I applied again for T1 on a invested category, got a rejection with no right of appeal, just an admin review. The admin review was rejected so my solicitor advised me to apply for judicial review which subsequently got rejected in march 2016 after which I applied for FLFP and the decision is pending. My 10 years has been completed but I am confused whether to apply for ILR on 10 years route or not. I would really appreciate if someone help me out in this case. Thank you very much.

Personal messages are welcome.

regards
Ahmad

[secret.simon]

To the best of my knowledge (and I could be wrong), Section 3C leave expires if the admin review is unsuccessful. So, you haven't had any leave since the refusal of admin review and hence you are ineligible to apply for ILR(LR).

[awan123]

Hello guys.

It is an urgent inquiry and I would really appreciate if you guys help me out with this.

I entered UK in October 2006 as a student. I applied for an entraprenuer visa on December 2013 after which my application got rejected. I was given the right of appeal so I appealed against the decision of the HO. My initial appeal was rejected after which I appealed to the upper tribunal. I even got a rejection from the upper tribunal. On july 2015 I applied again for T1 on a invested category, got a rejection with no right of appeal, just an admin review. The admin review was rejected so my solicitor advised me to apply for judicial review which subsequently got rejected in march 2016 after which I applied for FLFP and the decision is pending. My 10 years has been completed but I am confused whether to apply for ILR on 10 years route or not. I would really appreciate if someone help me out in this case. Thank you very much.

Personal messages are welcome.

regards
Ahmad

Hi Ahmad
Unfortunately your continuous period has been broken when your 2nd application got refused.
Your continuous period of stay will be counted only up to when your all appeal rights were exhausted which ends your 3C leave.
After the end of 3C leave one can apply fresh application within 28 days and if it gets successful then continuous period does not break. But in your case 2nd application got refused, hence 10 years continuity has been broken.

[helpingperson]

Ahshikh

What advice you received from solicitors on your case?

As advised by other members if your 2nd application was not refused, if it was pending, you varied to other categories then it should be fine.

I did quick search to find similar case but can not find any where 2nd application was refused, then submitted 03rd and qualified for ILR on 10 years basis. You may want to search yourself as you might find something.