ILR-10 YEAR

[angelmm]

Iam in the process of applying for ILR having been in the uk for 10 years as a student from Kenya.
I entered the UK on the 19 Dec 1998 on a student visa, I have always been renewing my visa since then apart from once in 2006 when I was refused an extension based on my attendance. Anyway on appeal I was granted an extension, without leaving the country. My present student visa Aug 2009.
I want to know whether the fact that I was denied a visa once, will affect my application and if not what supporting documents should I send to stand a good chance of being successful. I have recently passed my Life in the UK test.
At the moment I am working part time, I also recently gave birth to my daughter born here who will be 1 year next month.
Look forward to hearing from all with expertise on this area.

[John]

Have you always applied for your new visa before the expiry of the old visa? If the answer to that is .... yes .... then you should be OK making a 10-year application.

That is assuming, as regards the application that was initially failed, that the appeal was lodged within the number of days permitted for you to be making such an appeal.

[lifeisgood]

i need to knw same thing if u spent 10 yrs here
like 5 yr on student visa n chnage in to 5yrWP in b/w 1 month u had no status ,as ur visa was in process passport wasnt with u it was in process for 3 months so will they count this time in 10yrs or not.

[John]

There are two separate questions there. As regards the mixture of visas, no matter, it is 10 years being "legal" in the UK that counts, and the change of category does not matter, when a Long Residence application is being made.

b/w 1 month u had no status ,as ur visa was in process passport wasnt with u it was in process for 3 months so will they count this time in 10yrs or not.

Was the application for the new visa made before the expiry of the old visa? If so Section 3C is in play, that is, the application has not been dealt with before the stated expiry date of the old visa, then that old visa is "treated as continuing" notwithstanding that the expiry date has passed. The Section 3C protection applies until the new visa is issued, or if declined, until the date for appealing against a rejection has passed.

So if Section 3C applies then it is not correct to say that "u had no status".

However, as you thinking of making your application in person at a PEO? If so I suggest it is worth you spending £10 and making a Subject Access Request. That is, get a copy of the UKBA records on you, because that will hopefully confirm the date they received the visa application in question.

[lifeisgood]

yes they ver rejecting n lawyers wer appealing in tht 3 months went and he got passport with WP visa, when it was 1 month 12 days previous visa was expired.

[John]

Sorry, you are not answering the question .... was the application for the visa made before the expiry of the previous visa? Or was the application made after the expiry of the previous visa?

Which was it?

[lifeisgood]

ofcourse before and not only before it was made 3 months before but they ver rejecting n he was appealing ..atlast he got wp visa but in apealing n rejecting process his visa got expired he was still in uk

[John]

You say "of course" but I could not assume that!

OK, the Section 3C protection started when the visa application was rejected, and as long as the appeal was made before the deadline for submitting the appeal, the protection continues until the appeal is decided.

So the old visa is "treated as continuing" and thus it is not correct to say that " his visa got expired" .... he still had a valid visa, even though the stated expiry date had passed.

But still recommend that a SAR request be made. Get a copy of their records!

[tobiashomer]

Does anyone know the current status of the 10-year lawful continuous residence path to ilr--for someone who is still 3 years away? I have read several posts where people say it is likely to be cancelled in the new Bill. But for now at least it is still there...

thanks

[drjabberwocky23]

Does anyone know the current status of the 10-year lawful continuous residence path to ilr--for someone who is still 3 years away? I have read several posts where people say it is likely to be cancelled in the new Bill. But for now at least it is still there...

thanks

The only answer to this is that nobody actually knows. The draft bill indirectly suggested that the only way to ILR (or temporary citizenship) is after 5 years of working in the country, but as nothing has been formalised, I can only suggest that you wait and see what happens when the bill actually gets passed.

[rizwan_ali]

suggested that the only way to ILR (or temporary citizenship).[/quote]

ILR will not be temprary citizenship. A new probation citizenship iis introducing which will be time limit before apply to PR/ILR or British Citizenship. ILR will still exist but they changing the name (permanant Residency) giving option for those who dont want to be british citzenship due to their own country native country requirement. All 'LEAVE TO REMAIN/ENTER will replacing to TEMPORARY PERMISSION and all 'INDEFINITE LEAVE TO REMAIN/ENTER will replacing to PERMANANT PERMISSION. techniqually they increasing the time for eligibility for permanant permission/biritish citizenship

[iceman010899]

Hi,

The draft bill does not mention long residence rules.

Long residency used to be discresionary until 2003 when it was incorporated into the immigration rules. It is possible they might make it discretionary again or stop it altogether. Because it does not fit in with the new PBS and Path to citizenship model.