ILR, Loop holes and Selection of Lawyer :

[wam_khan]

Dear All,

I am entitle to apply for ILR under 10 year long residency route. I have a loopholes in my case as through out 10 year, on couple of occasions, I have sent my passport for extension 35 days after expiry of leave to remain and 4-5 days on other occasion. So the clause of 10 years continued stay has broken.

I need to hire a lawyer to represent my case. My question is should I hire a lawyer before I post my ILR application pack to home office or Should I post the case and just in case in a circumstances where ILR has refused I should then hire a lawyer to fight the appeal in the presence of lawyer. I have seen few close relatives winning a case where there were a loopholes in there cases with out hiring a lawyer. Therefore, I am confused to decide whether should I try a luck with out hiring a lawyer well in advance .

Kindly reply with your most precious advises.

Warm Regards
Vamiq

[Ayyubi72]

As I see, you are not entitled to 10 years ILR.

When you applied for extension (twice) 35 days after your leave expired, then its not 35 days gap. You were an overstayer until your application was approved and your were given leave to remain. You will know the full details but at an average an application would have took 3 months or so to decide so a 35 days late application would have resulted in 35 days+3 months= 4 months or so gap. It happened twice, so you will have about 8 months of living in breach of immigration rules. This does not amount to 10 years residence.

I suggest you hire a good solicitor/oisc adviser before you even think about making 10 years application.

[Amber]

Gap(s) in lawful residence:

You may grant the application if an applicant:
 has short gaps in lawful residence through making previous applications out of time by no more than 28 calendar day, and
 meets all the other requirements for lawful residence.

See Page 17

[wam_khan]

Many Thank you for your response. But still not answer to my question. Whether should I go with Solicitor from the beginning or should i post my application on my own and in case if visa get refuse than hire solicitor to fight the appeal.

Currently I am waiting for a decision on HSMP extension and my 10 years on long residency has completed on 28 Feb 2013. under this information kindly provide refreshed advise.

Many Thankyou
Vamiq

[Ayyubi72]

I suggest you hire a good solicitor/oisc adviser before you even think about making 10 years application.

[Amber]

What was the reason for the out of time application which is more than 28 days?

[wam_khan]

Amber,

The reason was numerous.

1. I have faced financial crisis back home and due to which I have to switch from London Metropolitan to another college as I was not in a position to afford £8000 for London Met. So fund receipt was late.

2. I have spend 2005 in London met as first year of education. In order to extend my 2006-7 visa , I ask London met to provide detail of studies and letter s for extension. Entire correspondence took place via email and using postal services. At first place when I receive visa extension related documents, my name and other details were wrong so , I sent documents back to London met and they sent another amended letter . The entire process took weeks to accomplish.

Before visa gone out of date in 2006, I wrote home office and acknowledge my intention of posting late visa application for reason given above. But no correspondence or acknowledgement letter has sent by home office.
I request SAR report few days back and neither that letter enclosed in the report.

I have applied for numerous visa application since that time (2006) and in all applications I mention the history of my overstay in the country. All the time my visa has granted with out objection.


now tell me the status of my application and question I have raised in private message whether it is worth going for ILR by putting some thousand pound at risk or not ? I m on Tier 1 scheme which is securing ILR any way but it is hard to stay another 4 years in country due to my personal objectives of moving else where once PR has accomplished.



Regards
Vamiq

[hassenpk]

As I see, you are not entitled to 10 years ILR.

When you applied for extension (twice) 35 days after your leave expired, then its not 35 days gap. You were an overstayer until your application was approved and your were given leave to remain. You will know the full details but at an average an application would have took 3 months or so to decide so a 35 days late application would have resulted in 35 days+3 months= 4 months or so gap. It happened twice, so you will have about 8 months of living in breach of immigration rules. This does not amount to 10 years residence.

I suggest you hire a good solicitor/oisc adviser before you even think about making 10 years application.

HI,
Could you tell me about the file return because of error of in time application . Time when application return visa was expired re apply and then it takes about month to get new visa please tell me when they count the overstay time from
1. Time Visa Expired and new visa granted .which is 40 days
2. Time i received incorrect application with the letter of invalidation Towards new visa granted which is 29 days .
3 Time the application return with invalidation letter and resubmitted the application .


Kind regards

Hassan

[wam_khan]

Ayubi, Do you think good lawyer, OISC IMMIGRATION LAWYER will make any difference ?


Where are you Amber?

[Amber]

As the application was made more than 28 days the reason would need to be for an exceptional reason usually things like you were in hospital and unable to apply earlier.