Long residence application date

[mtwtfss]

Hi all,

Need some advice.

I came to the UK in September 2010 with Tier 4 visa.
2011 PSW visa
2013 Tier 4 visa which valid till 2017.
Before my student visa expired, I have applied FLR(HRO).
However it has been refused in 25th September 2017 and within 14 days of refusal I have applied FLR(M) which has been approved in December 2017.
Currently I am applying for FLR(M) extension.

May I know do i qualify for 10 years Long Residency in September 2020?
Will 39E immigration rules applies?

Thanks.

[zimba]

Yes, you can apply

[mtwtfss]

Hi Zimba,

Thanks for the reply.

I read previous post which mention about Ahmed case so this confused me about the 39e immigration rules in long residence application.

Thanks.

[mtwtfss]

Hi, I am in the process of making my Long Residence visa application.

May I know when is the earliest date I can apply?

My visa vignette was valid from 9/9/2010 and I entered UK on the 14/09/2010.

Can I apply 28 days before 9/9/2020 or 28 days before 14/09/2020.

Thanks

[CR001]

Your qualifying period starts from the date you entered the UK.

[mtwtfss]

Thanks CR001 for the prompt reply.

Have a good day.

[zimba]

Hi Zimba,

Thanks for the reply.

I read previous post which mention about Ahmed case so this confused me about the 39e immigration rules in long residence application.

Thanks.

Paragraph 39E applies to periods of overstaying between periods of valid leave. So as long as you applied within 14 days (28 days before Nov 2016) and regularised your stay, then your period of overstaying is disregarded under paragraph 39E. Ahmed's case is different because he argued that time spent overstaying should be regarded as lawful residence under that paragraph without regularising his stay first. Courts refused that argument and maintained that Paragraph 39E cannot help you fill up an overstaying gap at the end of your long residence stay to claim 10 years of lawful residence and that would be an abuse of the immigration system

[mtwtfss]

Hi Zimba,

Thanks for the clarification