10 years long residency lead to ILR

[Bikerboy86]

Hi all
Just seeking advice

My immigration history listed below

- July 2009 came as a T4 Student.

- Oct 2012 Applied for T4 Extension, granted visa till June 2014

- June 2014 made Application for T4 Extension but refused, appeal right given, made paper based appeal within the time frame, Appeal was refused by the judge.

- later made appeal to higher tribunal within the date but while I was waiting for hearing date my circumstances has changed as I got married to a British citizen.

- then i applied for spouse visa in Oct 2015 and withdraw hearing from higher tribunal. June 2016 my spouse visa was granted basis of 5 years partner route. So June 2014 to June 2016 my visa was on pending and made all applications with the date given, never overstayed.

- I extended spouse visa in jan 2019, granted visa till mid 2021 and the visa confirmation letter states that I will be eligible for ILR after completion of 5 years partner route.

My question is am I eligible to apply for ILR in July 2020 as I will be completing 10 years lawful residency in the UK?

I will be greatful if you could let me know.

Many thanks

[secret.simon]

In June 2014, did you file for your extension before or after the date of expiry of your original Tier 4 visa? The specific date may be very relevant here. If you filed the extension aplication even the day after your visa expired, you would not have any Section 3C leave (i.e. your residence would not have been lawful).

then i applied for spouse visa in Oct 2015 and withdraw hearing from higher tribunal.

Also, I suspect that by withdrawing your hearing, if you had any Section 3C leave, that would have come to an end.

Therefore between October 2015 and June 2016, you would not have had any leave and therefore your 10 year lawful residence would have been broken.

But wait for others to advise.

[Bikerboy86]

Hi Simon,

Thanks for replying.

June 2014 , I was given refused letter with appeal right and I was given 14 days to appeal so I made the appeal before the deadline.

My concern is if my lawful residency was broken , they would have given granted me 10 years partner route not 5 years isn't it?

[secret.simon]

June 2014 made Application for T4 Extension

I'm referring to this bit. Did you apply for the Tier 4 extension before your previous Tier 4 visa had expired or after (even the day after)? You will need to get the precise dates.

[Bikerboy86]

Yea I applied before it expired