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Hi quantum, thanks so much for your response .quantum1 wrote:Can you please clarify:
Visa expiry date 31 Oct 2002
Visa Grant date 06 Nov 2002
You left country before leave expired
applied abroad and were granted visa
Is the above information correct. If so then by today's rules you would qualify.
Under the rules in place today you will definitely qualify if everything else is in order. I do not know how the rules were formulated back in 2008 so I could not comment on whether you qualified then or not. The fact that you appealed and it was refused by a judge is poignant. You should understand that the rules governing 10 year long residency have changed quite a bit over the years and have become more fair. So something that would have disqualified you back then would now be overlooked.vinca wrote:Hi quantum, thanks so much for your response .quantum1 wrote:Can you please clarify:
Visa expiry date 31 Oct 2002
Visa Grant date 06 Nov 2002
You left country before leave expired
applied abroad and were granted visa
Is the above information correct. If so then by today's rules you would qualify.
Yes, all the above is correct. I left on an LTR before the 31st Oct, got a fresh on whilst in the USA, on-time, returned with the fresh LTR. At the time, though the refusal was absolutely incorrect! I feel I have a case. Just looking for verification on this as well as how to prepare a fresh application after 4 years of dormancy. I dont want to come across as telling the case officer how to do their job..but from what i've read on here, it seems necessary.
Thanks again for a prompt response. Indeed, I agree. I believe the major change was the example given in the guidelines, namely the part in the answer highlighted in bold (below). This seems to have been added since then;quantum1 wrote:Under the rules in place today you will definitely qualify if everything else is in order. I do not know how the rules were formulated back in 2008 so I could not comment on whether you qualified then or not. The fact that you appealed and it was refused by a judge is poignant. You should understand that the rules governing 10 year long residency have changed quite a bit over the years and have become more fair. So something that would have disqualified you back then would now be overlooked.vinca wrote:Hi quantum, thanks so much for your response .quantum1 wrote:Can you please clarify:
Visa expiry date 31 Oct 2002
Visa Grant date 06 Nov 2002
You left country before leave expired
applied abroad and were granted visa
Is the above information correct. If so then by today's rules you would qualify.
Yes, all the above is correct. I left on an LTR before the 31st Oct, got a fresh on whilst in the USA, on-time, returned with the fresh LTR. At the time, though the refusal was absolutely incorrect! I feel I have a case. Just looking for verification on this as well as how to prepare a fresh application after 4 years of dormancy. I dont want to come across as telling the case officer how to do their job..but from what i've read on here, it seems necessary.
hi quantum, you seem quite knowledgable, I have a question if i may;quantum1 wrote:Under the rules in place today you will definitely qualify if everything else is in order. I do not know how the rules were formulated back in 2008 so I could not comment on whether you qualified then or not. The fact that you appealed and it was refused by a judge is poignant. You should understand that the rules governing 10 year long residency have changed quite a bit over the years and have become more fair. So something that would have disqualified you back then would now be overlooked.vinca wrote:Hi quantum, thanks so much for your response .quantum1 wrote:Can you please clarify:
Visa expiry date 31 Oct 2002
Visa Grant date 06 Nov 2002
You left country before leave expired
applied abroad and were granted visa
Is the above information correct. If so then by today's rules you would qualify.
Yes, all the above is correct. I left on an LTR before the 31st Oct, got a fresh on whilst in the USA, on-time, returned with the fresh LTR. At the time, though the refusal was absolutely incorrect! I feel I have a case. Just looking for verification on this as well as how to prepare a fresh application after 4 years of dormancy. I dont want to come across as telling the case officer how to do their job..but from what i've read on here, it seems necessary.
The applicant must meet the following requirements, in order to be granted indefinite leave:
The applicant must have at least 10 years lawful residence in the UK.
There must be no reason why granting leave is against the public good. For more information, see related link: Consideration of relevant points.
The applicant must meet the knowledge of language and life requirement. For more information, see related link: Knowledge of language and life in the UK.
The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974. For more information, see related link: Criminality requirement for settlement.
Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards that they can apply. This means they could leave the UK, re-enter and apply for settlement based on a 10 year period of continuous lawful residence they built up in the past.
Thanks for that. I believe that's right. The rules is what is used at the point of application as opposed to the period of 10 years accrued. Just needed confirmation. Very much appreciated quantum!quantum1 wrote:the grant is based on the rules in place at the time the application is considered or when the application was made. Last time I checked the requirement was that you had to have accrued a period of 10 years continuous stay. It does not matter whether the period was acquired 10 years ago or yesterday.
The applicant must meet the following requirements, in order to be granted indefinite leave:
The applicant must have at least 10 years lawful residence in the UK.
There must be no reason why granting leave is against the public good. For more information, see related link: Consideration of relevant points.
The applicant must meet the knowledge of language and life requirement. For more information, see related link: Knowledge of language and life in the UK.
The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974. For more information, see related link: Criminality requirement for settlement.
Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards that they can apply. This means they could leave the UK, re-enter and apply for settlement based on a 10 year period of continuous lawful residence they built up in the past.