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ILR or Leave to remain

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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dreamer2
Junior Member
Posts: 53
Joined: Thu Jan 12, 2017 10:37 am

ILR or Leave to remain

Post by dreamer2 » Thu Sep 09, 2021 12:47 am

Hi All,
could you give me your opinion what is my chance to get ILR.
I have applied in March 2019 to extend my leave to remain as a spouse with dependent child on 5 years route based on cash savings. On 11th March I have got decision where I was put on 10 years instead due to my bank statement on the day of application was shown the money for 5.5 months only , I missed the new rules where the date of application became after applying online but not on biometric appointment.
I had no right to appeal or judicial review.
On March 25, 2019 ( within 14 days) I reapplied with the same bank statement and received leave to remain , I believe on 5 years route.
My current BRP expires on 20th November but my lower insist that I can try to apply for ILR ( entered the country in June 2016). She says that my gap 14 days between 5 years routes is not enough to refuse my application. That what I have: June 2016-March 25, 2019- 5 years route, 11March 2019-24th March 2019- 10 years route, 25th March 2019 - reapplied and received Leave to remain on 5 years route.
Do you think I have a chance to get ILR?

vinny
Moderator
Posts: 33323
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR or Leave to remain

Post by vinny » Thu Sep 09, 2021 1:15 am

E-ILRP.1.3. require continuous leave on the 5-year category. However, they may have failed the (in)flexible evidential rules D (29)? Ask them if they are able to apply discretion for ILR?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

dreamer2
Junior Member
Posts: 53
Joined: Thu Jan 12, 2017 10:37 am

Re: ILR or Leave to remain

Post by dreamer2 » Thu Sep 09, 2021 9:48 am

Thank you for your reply.
If I decide to try to apply for ILR , decision time takes about 5 months , I will stay on leave C.
What is scenario could be if HO will not give me ILR?
What I read they will offer me reapply for leave to remain.
In this case, will I have to wait another few months?
As I based on cash savings, will I have to provide new bank statement 28 days prior the new application?
I have also dependent son who is 22 yo , he just graduated but didn't get a job yet.
I hope in few months if I have to reapply he could have full time job.
Will this affect my application ?

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