URGENT HELP ILR 10YRS!!!!!!!

[ukvisaengland]

I came to the UK as a dependant of my father
I had my visa exempt diplomat from 03/01/2004 to 03/01/2008. I entered the UK on 12 Mar 2004. I was studying on that time.
on Jan 2004 I applied to switch from diplomatic visa to student visa as I was studying at the university. I sent my visa application through the university.
I was advised to withdraw my application otherwise they will refuse my application as It is not allowed to switch from diplomatic visa to student visa in the UK. I withdrawn my application and as soon as I got my application back I went back home to switch my visa. I left the UK on 24 March 2004. I was advised that Although the date of this Exemption expired on 3rd Jan 2008, this type of permit allows a 90 day extended period of leave for the person to prepare to return home. I left the UK on 24th March 2008, which is within this 90 day grace period.I switched the visa in my country and I came back to the UK on 18/04/2008.
since then I have been extended my visas in the UK. the total days outside the UK so far 314 days and I have never been more than 2 months outside the UK on one time. I dont have any court fees or any other issues.
Can I apply for the 10 yrs visa??? I dont to apply and visa get refused

this what they have written in Long residence and private life
guidance on the Immigration Rules.

Time spent in the UK exempt from immigration control must be counted as lawful residence. People exempt from immigration control include diplomats and members of the armed forces.
Deemed leave
Deemed leave is the 90 days a person is given once their exemption period from immigration control ends. By the end of the 90 days, the person must either
 submit an application for leave, or
 depart the UK.
A person on deemed leave does not receive an endorsement on their passport.
If a person submits an application to extend their stay in the UK within 90 days of their exemption ending, and is later granted a period of leave, their continuous lawful residence is not broken.
If a person remains in the UK, and does not submit an application for further leave after the 90 days deemed leave, their continuous lawful residence is broken.
For an example of time spent in the UK while exempt from immigration control counting as lawful continuous residence, see example 5 in related link: Examples of continuous lawful residence.
Effect on continuous residence
Continuous residence is not broken if a person:
 leaves and then returns to the UK during a period of exemption, and

continues to meet all other requirements of long residence, set out in paragraph 276A(a) of the Immigration Rules.
If a person leaves the UK following the end of their exemption and during their period of deemed leave, continuous residence is not broken, even if they return to the UK after their 90 days deemed leaved has expired. This is providing that they meet all the other long residence requirements in paragraph 276A(a) of the Immigration Rules.

I appreciate your help and advice

[Ayyubi72]

Whatever you have copied and pasted seems to be the answer to your query.

[ukvisaengland]

Whatever you have copied and pasted seems to be the answer to your query.

So do you think I am eligible?

[Ayyubi72]

The guidance does not cover your particular circumstances. Guidance does mention that if you leave before your deemed leave ends, and then you return with a new entry clearance, your clock will keep ticking.

But the guidance does not say expressley that if you leave UK while exempt, and then return with a new entry clearance, you clock will still keep ticking. Also it is not mentioned that the clock will stop ticking.

Common sense dicates that you clock should keep ticking, but it is not not mentioned in guidance.

I guess that best idea would be to query this with HO policy team.

Keep your query precise and to the point, rather than a long narrative.

eg. Ask them if someone leaves UK while exempt from Immigration control, and then returns to UK within x number of days with an entry clearance issued under the immigration rules, is the person regarded to have accumulated conitnuous lawful residence for the purpose of LR ILR application. (time exempt + time under immigration rules)

Some other clued up members can give you a better idea as to how best to word your query, and the email or postal address such query should be addressed to.

Perhaps Amber could help.

[ukvisaengland]

The guidance does not cover your particular circumstances. Guidance does mention that if you leave before your deemed leave ends, and then you return with a new entry clearance, your clock will keep ticking.

But the guidance does not say expressley that if you leave UK while exempt, and then return with a new entry clearance, you clock will still keep ticking. Also it is not mentioned that the clock will stop ticking.

Common sense dicates that you clock should keep ticking, but it is not not mentioned in guidance.

I guess that best idea would be to query this with HO policy team.

Keep your query precise and to the point, rather than a long narrative.

eg. Ask them if someone leaves UK while exempt from Immigration control, and then returns to UK within x number of days with an entry clearance issued under the immigration rules, is the person regarded to have accumulated conitnuous lawful residence for the purpose of LR ILR application. (time exempt + time under immigration rules)

Some other clued up members can give you a better idea as to how best to word your query, and the email or postal address such query should be addressed to.

Perhaps Amber could help.

thank you for your reply I really appreciate it. but what do you understand the last paragraph:

"If a person leaves the UK following the end of their exemption and during their period of deemed leave, continuous residence is not broken, even if they return to the UK after their 90 days deemed leaved has expired. This is providing that they meet all the other long residence requirements in paragraph 276A(a) of the Immigration Rules.

some solicitors want to make it complicated to apply through them . you dont think it says clearly : If a person leaves the UK following the end of their exemption and during their period of deemed leave, continuous residence is not broken, even if they return to the UK after their 90 days deemed leaved has expired

[Ayyubi72]

As you will know, most of the solicitors would have never dealth with something like this before.

Like I said, the common sense dictates, that if someone who leaves on deemed leave, and then returns is acceptable, they why not someone who is exempt should be acceptable? Because it was their status as "exempt from control" that led to them having a deemed leave in the first place.

But again, this is not expressley mentioned. If HO refuses, then they might argue that if someone departs from UK whilst on deemed leave, has left UK with a kind of "leave", and if someone left UK while exempt, then they did not have "leave" when they departed.

Now no solcitor can give you an accurate reply based on HO rules or guidance, because it seems no such clear rules or guidance exists.

I think the best way to find what exactly is the position would be to ask UKBA.

[ukvisaengland]

As you will know, most of the solicitors would have never dealth with something like this before.

Like I said, the common sense dictates, that if someone who leaves on deemed leave, and then returns is acceptable, they why not someone who is exempt should be acceptable? Because it was their status as "exempt from control" that led to them having a deemed leave in the first place.

But again, this is not expressley mentioned. If HO refuses, then they might argue that if someone departs from UK whilst on deemed leave, has left UK with a kind of "leave", and if someone left UK while exempt, then they did not have "leave" when they departed.

Now no solcitor can give you an accurate reply based on HO rules or guidance, because it seems no such clear rules or guidance exists.


I think the best way to find what exactly is the position would be to ask UKBA.

Thank you for your reply that is why I am a bit confused I left the country within the 90 days and it says in their guidance If a person leaves the UK following the end of their exemption and during their period of deemed leave, continuous residence is not broken, even if they return to the UK after their 90 days deemed leaved has expired and I left during the period of deemed leave. do you think still not clear?

[Amber]

So far as you got further leave within 90 days of the diplomatic leave expiring you should be ok. Email SettlementOpsPolicy@homeoffice.gsi.gov.uk for clarification.

[Ayyubi72]

I left during the period of deemed leave. do you think still not clear?

What I gathered from your post is that when you left UK you did not have deemed leave. You were exempt when you left.

[ukvisaengland]

I left during the period of deemed leave. do you think still not clear?

What I gathered from your post is that when you left UK you did not have deemed leave. You were exempt when you left.

I think you misunderstand the visa called visa exempt which allow you to stay 90 days after the expiry date which called deemed leave. so I left the country with the 90 days after the visa exempt has expired.

[Ayyubi72]

I withdrawn my application and as soon as I got my application back I went back home to switch my visa. I left the UK on 24 March 2004. I was advised that Although the date of this Exemption expired on 3rd Jan 2008, this type of permit allows a 90 day extended period of leave for the person to prepare to return home. I left the UK on 24th March 2008, which is within this 90 day grace period.I switched the visa in my country and I came back to the UK on 18/04/2008.

I am not confused, you are confusing the matter by using incorrect terminology. There is no "visa exempt" thing. Its either "exempt from immigration control" or "deemed leave". You are mentioning "deemed leave" as "visa exempt". And did you leave on 24th March 2004 or 24th March 2008? ( Is there a typo?)

I was advised that Although the date of this Exemption expired on 3rd Jan 2008[/b], this type of permit allows a 90 day extended period of leave for the person to prepare to return home. I left the UK on 24th March


Now, who "advised" you that your exemption expired on 3rd Jan 2008.

What was the reason that your exemption expired?

You really need clarify this all important question:
When you left UK, were you exempt from control or did you have deemed leave?


If you had deemed leave when you left UK, then the case is clear cut ie you qualify as per guidance.

If you left UK while you were exempt from immigration control, then the subject needs to researched further and clarification needs to be sought from UKBA.

[ukvisaengland]

I withdrawn my application and as soon as I got my application back I went back home to switch my visa. I left the UK on 24 March 2004. I was advised that Although the date of this Exemption expired on 3rd Jan 2008, this type of permit allows a 90 day extended period of leave for the person to prepare to return home. I left the UK on 24th March 2008, which is within this 90 day grace period.I switched the visa in my country and I came back to the UK on 18/04/2008.

I am not confused, you are confusing the matter by using incorrect terminology. There is no "visa exempt" thing. Its either "exempt from immigration control" or "deemed leave". You are mentioning "deemed leave" as "visa exempt". And did you leave on 24th March 2004 or 24th March 2008? ( Is there a typo?)

I was advised that Although the date of this Exemption expired on 3rd Jan 2008[/b], this type of permit allows a 90 day extended period of leave for the person to prepare to return home. I left the UK on 24th March


Now, who "advised" you that your exemption expired on 3rd Jan 2008.

What was the reason that your exemption expired?

You really need clarify this all important question:
When you left UK, were you exempt from control or did you have deemed leave?


If you had deemed leave when you left UK, then the case is clear cut ie you qualify as per guidance.

If you left UK while you were exempt from immigration control, then the subject needs to researched further and clarification needs to be sought from UKBA.

the visa I had on my passport was written like that Visa Exempt Diplomat. valid from 03/01/2004 to 03/01/2008. I left the country on 24th March 2008. Deemed leave is the 90 days a person is given once their exemption period from immigration control ends. I left the country within this 90 days on 24th March 2008.

[Ayyubi72]

You never mentioned the date of endorsments on your passport. I wonder what made you not share this info.

Now it is clear that you meet the residence requirements as per the quidance. Slap an application to HO. Make sure you meet Koll requirements. You should get ILR without problems.

You should write a covering letter and mention your immigration history step by step, so caseworker does not get confused

eg

Arrived in the UK as Visa Exempt Diplomat on dd/mm/yy

Visa Exempt Diplomat Status valid till dd/mm/yy

Deemed leave valid till 90 days after expirty of Visa exempt diplomat status.

Left UK on dd/mm/yy within the validity of deemed leave.

Re entered UK as student on dd/mm/yy

Extended student visa on dd/mm/yy

Extended student visa on dd/mm/yy

etc etc.......

[ukvisaengland]

You never mentioned the date of endorsments on your passport. I wonder what made you not share this info.

Now it is clear that you meet the residence requirements as per the quidance. Slap an application to HO. Make sure you meet Koll requirements. You should get ILR without problems.

You should write a covering letter and mention your immigration history step by step, so caseworker does not get confused

eg

Arrived in the UK as Visa Exempt Diplomat on dd/mm/yy

Visa Exempt Diplomat Status valid till dd/mm/yy

Deemed leave valid till 90 days after expirty of Visa exempt diplomat status.

Left UK on dd/mm/yy within the validity of deemed leave.

Re entered UK as student on dd/mm/yy

Extended student visa on dd/mm/yy

Extended student visa on dd/mm/yy

etc etc.......

Thank you for your help