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ILR based on Lond Term Residency refused

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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letitrainoh
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Posts: 7
Joined: Thu Jan 03, 2013 12:39 am
Location: London

ILR based on Lond Term Residency refused

Post by letitrainoh » Wed Mar 31, 2021 4:17 pm

Hi All,

Today I received the decision email from the home office but I believe that there have been mistakes to review my UK immigration history at their end.
However, just to check if I'm wrong, can you please review this?

The point in the decision letter was that I overstayed in the UK. However, I exited the UK on 24/03/2013 and re-entered to the UK on 30/03/2013 with 6 months leave to enter for travellers.

Here's the comment on the refusal decision.

//
As can be seen from your immigration history, on 18/07/2011 you applied for further leave to remain as a Tier 4 student which was granted from 22/08/2011 until 25/03/2013. You left the UK on 01/05/2013 (without valid leave) and re-entered the UK on 11/07/2013 with entry clearance valid from 11/07/2013 until 11/07/2015, therefore, you have overstayed in the UK as you had no valid leave from 25/03/2013 and until you re-entered on 11/07/2013, consequently, you have not accrued 10 years continuous lawful residence in the UK.
//

However, my immigration history is below.

- T4 Student visa: 22/08/2011 until 25/03/2013
- Left the UK: 24/03/2013
- **Re-entered the UK: 30/03/2013
(without a visa however with a leave to enter for South Korean to travel to the UK for a stay up to 6 months, a stamp was in the passport - ENTRY SAMP ON 30/03/2013, on the above the stamp, another stamp stating "LEAVE TO ENTER FOR SIX MONTHS: EMPLOYMENT AND RECOURSE TO PUBLIC FUNDS PROHIBITED")
- Left the UK: 01/05/2013 (UKVI pointed out 'without valid leave' on this leave)

I'm not sure why the home office is saying that I overstayed and my leave on 01/05/2013 was without valid leave. Do you have any ideas on their ground to ignore the 'Leave to enter for 6 months for travelers' and to consider the periods staying with this Leave to enter for 6 months as overstaying?

Your advice would be really appreciated.

Really Thanks,
H

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zimba
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Posts: 21757
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: ILR based on Lond Term Residency refused

Post by zimba » Wed Mar 31, 2021 6:03 pm

UKVI has made a mistake. All visas including visits count towards the long residence
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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