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ILR Base on 10 Years Long Residence - Unlawful or Lawful

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Afi_PhD
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Joined: Sun Jan 18, 2015 2:32 pm

ILR Base on 10 Years Long Residence - Unlawful or Lawful

Post by Afi_PhD » Fri Jul 03, 2015 6:11 am

Hi Guys, I'd be grateful if any one please share your knowledge and experience on my scenario.

At the outset,
I first entered in the UK on 19 January 2006 on a student visa, which was successfully extended until 28th February 2010. Prior to that expiring, I applied to extend leave as a student, which was refused by the Secretary of State for the Home Department on 07th May 2010 due to CAS letter drawn by University. I appealed this decision, but subsequently withdrew this appeal on 19th June 2010. As a result, my appeal rights exhausted. On 18th July 2010, I then made subsequent several applications for leave to remain under Tier 4 (General) Category. However, my all applications were refused under policy guidance etc included my Tier 1 (PSW) application. As a result of a challenge of a decision refusing my last leave to remain application under Tier 1 (PSW) category on 1 March 2012, Home Office requested that I should withdraw per action protocol (PAP) letter then granted leave to remain on post study work visa, granted on 10th May 2012. Now I am doing PhD and have Tier 4 (General) student visa till 30th September 2018. In few months, I want to submit long residence (10 years) application for ILR. Someone advised me that the period of 29 June to 10 May 2012 don't count as lawful stay, and therefore you would not have been resident lawfully for 10 continue years in January 2016.

My question is, they'll refused my application or will consider for ILR ?. Thanks in advance..

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