10 year route visa

[Asylum]

Hi

I came to the UK for a visit with my two children, ages 4 and 6, from July 2013 through to early September 2013. We came back to the UK in early December 2013 and stayed through to early January 2014.

We then re-entered the UK under a student visa at the end of February 2014.

Our visas expired in February 2015 and I made an in-date application to extend the student visa but it was rejected. I undertook an appeal but was unsuccessful in December 2016.

I applied for permission to appeal in mid-January 2017 but it was refused as the date to apply was due the start of January 2017. This decision letter came in July 2017. We then became overstayers in January 2017.

In August 2017, I applied for discretionary leave. I received a decision in July 2018 stating that my case falls under humanitarian protection, so was advised to do an asylum application instead.
In early August 2018, we made an asylum claim and we were granted bail because we were overstayers.

No decision has been made on our claim since.

Am I qualified for ILR for 10 years route from July 2023 or February 2024?
Am I qualified under Paragraph 276ADE(1) to 276DH (private life)?

326B. Where the Secretary of State is considering an application for asylum and/or a claim for humanitarian protection under this Part, she will consider any Article 8 elements of that claim in line with the provisions of Appendix FM (family life) and, for applications made before 20 June 2022, in line with paragraphs 276ADE(1) to 276DH (private life) or, for applications made on or after 20 June 2022, Appendix Private Life (private life) of these Rules which are relevant to those elements unless the person is someone to whom Part 13 of these Rules applies.

Kindly advise.

[zimba]

No you do not qualify under the long residence as you have been an overstayer since January 2017 until granted immigration bail. You do not qualify as you do not have ten years of lawful and continuous residence in the UK. Also note that due the recent changes in the rules, time spent under immigration bail does not count anymore

[Asylum]

Thanks for your swift reply. Can you advise on any ways I can get visa, especially for my children? My eldest is 16 now and can’t get a NI, work or a driving license.

[Greenie]

Whereabouts in the country are you based as you really need a (reputable) solicitor to advise you. Have you had an interview in relation to your asylum claim?

[Asylum]

Thanks so very much for your time.

I live in the Midlands.

I’ve attended interviews twice but no decision.

[alana7]

Thanks for your swift reply. Can you advise on any ways I can get visa, especially for my children? My eldest is 16 now and can’t get a NI, work or a driving license.

Apply for private life visa for your 16 year old and the younger one too as they have lived here for 7 years .

[Asylum]

Thanks so very much.