Long Residence application

[awais77ak]

I came here in the UK in June 2003 as a student. In July 2006 I applied for extension of leave for the student visa and my application was refused with limited right of appeal. I didn't appeal against the decision in court but I wrote to HO for review. The HO consider my review application. My review application was under HO consideration when I started my Ph. D. in July 2008. When I applied for extension of student visa in July 2008 the HO acknowledge my application and also confirmed the application as valid. In Feb 2010 the HO granted me the leave as a Tier 4 student till June 2013.
In June 2013 I applied for work permit under Tier 4 Doctoral Extension Scheme and my application was granted for one year. Soon after extension of the leave on work permit, I applied for ILR and my application was refused by HO. The HO considered a gape in my lawful residence from July 2006 till February 2010. AS I was having my leave under work permit therefore HO didn't give me right of appeal. At the expiry of my work permit I again applied for ILR under the private life and my application was refused and pending in the court till January 2018. The HO is considering a gap (July 2006 to Feb 2010) in my long residence and I could not prove my lawful residence in court. Since Feb 2010 I have always been lawful in the UK.
I extended my leave for further two years by obtaining the graduate entrepreneur visa. The university sponsored me for two years work permit. My current work permit will expire in March 2020. I would again complete ten years of lawful residence in Feb 2020. Can I get ILR by completing ten years of lawful residence from Feb 2010 till Feb 2020. Since Feb 2010 I have always been lawful and there is no gape in my lawful residence.

[richard22911]

Have a read the immigration act 1971 276A to 276D. you know what your problems were.

Yes, you are able to do, but your circumstances unknown during the period of 2010 to 2020, so the best is you go back to line one above. All the best.

[awais77ak]

Hi Richard,

Many thanks for your message. I have previously applied for both long residence and private life application for ILR. My both applications were unsuccessful. The HO considered gape in my long residence from July2006 till Feb 2010. Since February 2010 I have been lawful with Tier4 student, Tier4 Doctoral Extension Scheme and Tier1 Graduate Entrepreneur visa.

[richard22911]

Hi Dr.

If you have decided to go ILR (LR) route, please stick with 276(A), then you are OK. Your problems were you broke "continuously" in your previous applications.

You are capable to do it, so keep it in track. That is it.

[awais77ak]

Many thanks Richard. Yes I'll apply again under 10 years long residence category. Since February 2010, I've been lawful in the country and there is no gape in my lawful residence. I am hopeful to succeed this time.

[Amber]

Can any one give me advice or share his/her experience. I have been living in the UK since June 2003. In my previous ILR applications, the HO considered a gap in my long residence from June 2006 to February 2010 . In June 2006 I applied to extend my leave for student category but my application was refused with a limited right of appeal. I did not appeal against the decision in the court but sent an application for review to the HO. My review application was under consideration and I started my Ph. D. course in July 2008. Before starting the course I have informed the Home Office and HO acknowledge my application as valid. In February 2010, HO varied my leave and since then I have been lawful in the UK. I will again complete my 10 years lawful residence in February 2020. My current visa will expire in March 2020.

I am bit worried about a gape in my lawful residence from 2003 to 2010. But there was no gap in lawful residence from Feb 2010 to Feb 2020. Would that gape be breach of immigration rules? Would it affect my new application under 10 years lawful residence.

I have three dependants; wife and two children, both born in the UK. If my ILR application is successful then would children get citizenship straight way. Does income rule apply to the dependant's application?