Help: ILR and 17 March 2008 Concession

wannastay · Post by **wannastay** » Wed Oct 03, 2012 2:33 pm

Hi everybody,

I'm new to this site and hope it's not too much to ask for help.
Here is the thing: I am planning to apply to settle permanently based on the 10 year lawful residence but not sure how much chance my visa application will be granted,or perhaps no chance at all?

I first arrived in the UK in August 2002, I was granted for visa for every visa application till March 2008 when my new visa application been rejected(my visa expired in Nov.2007). The Home Office gave me 10 working days to appeal which I did in time. but the court dismissed my appeal on 13th May 2008 and gave me 5days to appeal to High Court based in Scotland,I chose not to appeal this time. Because I had booked flight ticket to return to my country so I stayed in the UK till my flight date which was 15 June 2008. I came back to the UK in Sept.2008 with a new student visa which I applied in my home country.

Can anybody please tell me if there is any chance my ILR application would be granted based on my case? The 17 March 2008 concession which indicates '‘anyone who was in the UK on 17 March 2008, and leaves the UK voluntarily before 1 October 2008, will not face a mandatory re-entry ban.’, does it apply to 10 year lawful residence application too? Is there anybody who knows every detail of 17 March 2008 concession?

Many thanks and would be appreciated if you could help.

Post by **geriatrix** » Wed Oct 03, 2012 2:38 pm

If the concession only offers what you say it offers, then it is irrelevant. Concession regarding "Re-entry" is not "concession in settlement requirements".

innocentdevil · Post by **innocentdevil** » Wed Oct 03, 2012 2:40 pm

i may be missing something but if you didn't take it to high court and you didn't have any leave to remain. what is your visa status now. Did you extend your visa in some other category ?

uksettlement · Post by **uksettlement** » Wed Oct 03, 2012 2:43 pm

I agree with Sushmehta. Also, if you are going for ILR it means that you were allowed to enter UK after the over stay itself so you have exercised the Concession!

wannastay · Post by **wannastay** » Wed Oct 03, 2012 2:51 pm

Thanks the people who replied, I'm sorry I don't know how to reply you guys individually but I'm learning.
To answer innocentdevil's question, I came back to the UK in sept. 2008 with a new student visa which I applied in my home country,I'm on PSW visa currently.
It seems that there's a big chance the HO will reject my ILR application because I overstayed in 2008, or mabye I should say I broke the law cos I overstayed for more than 28 days? -not quite sure about the laws.I will apply for the ILR anyway despite it.
Thanks again for your replies!

innocentdevil · Post by **innocentdevil** » Wed Oct 03, 2012 2:55 pm

ok understood.

so you were away from June 2008 and landed back in Sep 2008. is there not a break in continuous residence there. Just checking.

there's no harm in going for it. Who knows ? Good luck.

wannastay · Post by **wannastay** » Wed Oct 03, 2012 2:57 pm

innocentdevil wrote:ok understood.

so you were away from June 2008 and landed back in Sep 2008. is there not a break in continuous residence there. Just checking.

there's no harm in going for it. Who knows ? Good luck.

Thanks a lot!

cs95tdg · Post by **cs95tdg** » Wed Oct 03, 2012 3:06 pm

The immigration law pertaining to long residence applicantions can be found under "276A-276DH" below:

http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

I do not believe the break in residence between June 2008 and Sep 2008 will be an issue as it was less than 6 months in duration. The issue would be if the OP overstayed before that, as then he/she would have broken the lawful residence requirement.

wannastay · Post by **wannastay** » Wed Oct 03, 2012 3:13 pm

cs95tdg wrote:The immigration law pertaining to long residence applicantions can be found under "276A-276DH" below:

http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

I do not believe the break in residence between June 2008 and Sep 2008 will be an issue as it was less than 6 months in duration. The issue would be if the OP overstayed before that, as then he/she would have broken the lawful residence requirement.

Thanks for the link, I've been reading of the related laws actually. Yes, overstayed and left the UK without 'valid leave to remain' is what I worried about.

Post by **geriatrix** » Wed Oct 03, 2012 3:14 pm

The OP overstayed and left UK when he had no leave to remain (i.e.- after expiry of his leave) thereby breaking his continuous lawful residence.

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Help: ILR and 17 March 2008 Concession

Help: ILR and 17 March 2008 Concession