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Long Residence (10 years) application

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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hanislam
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Posts: 3
Joined: Wed Nov 29, 2017 10:01 pm
Bangladesh

ILR

Post by hanislam » Wed Nov 29, 2017 10:42 pm

Hi I need assistance please help.
I’m going to Croydon on the 21/12/17 for my ilr(premium service) on 10 year route but it’s very complex.I came in January 2008 on a general student visa which expired in 2011.I then extended to tier 4 for another 2 years which expired in December 2013.I applied for an extension as I was in the middle of my course and luckily granted visa until November 2015.
Here’s the complication begun.I applied for FLRO before my visa expired and it was rejected on may 2016.no appeal right.i made an FLRP application within 28 days of my FLRO rejection.once I applied I got married in the mean time too.while my application was pending we planned to register our marriage(arranged marriage through family) after our Islamic ceremony was done.At that point UKBA wanted to quiz us so they asked me and wife to go to beckett house in London Bridge.we went to the interview and the officers there were so rude that they were unwilling to believe we are want to get married and not for visa purposes only.just in case I think I should mention my wife is a British born Bengali so we are both of same ethnic origin.The officers were very rude to say the least and they refused my pending application (FLRP) on that day.I then had no choice but to file a JR through my solicitor.We submitted pre action protocol and went to the council again to register our marriage and were successful the second time.After submitting for JR UKBA wrote to my solicitor to make an appeal at the first tier tribunal accepting the pre action protocol of the JR.
Now my appeal date is on may but I’m eligible for a long residency application so I booked an appointment at Croydon on 21st.
Now can someone please suggest what docs I can take to support my application?my chances?also anyone been to Croydon before?how is it like there as I heard a lot of negative things about them!
Please help.

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zimba
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Re: ILR

Post by zimba » Wed Nov 29, 2017 11:10 pm

You are not eligible for SET(LR) as you have been an overstayer and do not have 10 years of lawful residence. Time spent pursuing JR is not counted towards the lawful residence as JR is outside the scope of immigration rules. You must continue your JR and the appeal process and regularise your leave first. Then you might be able to apply for SET(LR) afterwards.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

hanislam
Newly Registered
Posts: 3
Joined: Wed Nov 29, 2017 10:01 pm
Bangladesh

Long Residence (10 years) application

Post by hanislam » Sat Dec 02, 2017 2:27 am

Hello all just a quick question
If home office accepts the pre action protocol does that mean my 3c continues.i have a very complex 10 years case and I got an appointment on the 21st.i am just taking my chance and really need some advice.can anyone help or suggest a good solicitor who could guide me through the process and make a good case for me?

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zimba
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Location: UK
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Re: Long Residence (10 years) application

Post by zimba » Sun Dec 03, 2017 9:08 pm

If you regularise your stay and get a valid leave based on the results of the JR. Otherwise you cannot get ILR based on long residence.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

costumedesign
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Joined: Wed Jan 18, 2017 7:18 pm

Re: Long Residence (10 years) application

Post by costumedesign » Mon Dec 04, 2017 12:33 am

There is no section 3c waiting for judicial review. 3c ends with the refusal and does not get re-instated. Without a new visa to bridge your history, the ILR will fail. I just went through HO hell getting my T1 visa renewal and nearly lost my 10 years legal history. Best to cancel your premium appointment and save the money which is non-refundable. It is a lot of money to waste just to try. Premium appointments are also not advisable if your case is complex. You can find the basic answers you seek researching. A solicitor can help give answers, but does not necessarily improve your chances. Best focus for a visa first, otherwise ILR (LR) is invalid. Be very careful as 10 years LR can be lost if it takes too long to regularize your status and there is a gap longer than 6 months. Becoming an overstayer also can ruin chances and have to start the clock over again or pursue a new route. It is near impossible, but that is the purpose of the hostile environment. It is difficult to say the least.

hanislam
Newly Registered
Posts: 3
Joined: Wed Nov 29, 2017 10:01 pm
Bangladesh

Re: Long Residence (10 years) application

Post by hanislam » Tue Dec 05, 2017 11:37 pm

Thank you so much for your reply guys really appreciate it.i will consult a solicitor tomorrow and see what happens.many thanks

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