LR 10 Years based on Visitor + 6 Years Discretionary leave

[Single]

I arrived UK in 2005 with 5 year multiple visit visa in category C. I keeps on coming and going back without staying outside UK for 180 days in one time or in one year, until May 2008 when I applied for COA to get married to British Citizen. After approval of COA we get married and I applied again for spouse visa within UK, Which was refused but on appeal they give me 6 years discretionary leave under Article 8 in 2009.

In 2012 I applied for another 3 years extension which I received in 2013 after one year until 2016.I have completed my 6 years on discretionary leave in August 2015.

Unfortunately our 10 years relationship breakdown recently and we are separated now. We are still in talking terms and seeing each other as well.

What are my options for ILR ?

I have already completed my 6 years on discretionary leave

I have also completed 10 years lawful residence in any category in December 2015 as well.

[Rizcon]

I arrived UK in 2005 with 5 year multiple visit visa in category C. I keeps on coming and going back without staying outside UK for 180 days in one time or in one year, until May 2008 when I applied for COA to get married to British Citizen. After approval of COA we get married and I applied again for spouse visa within UK, Which was refused but on appeal they give me 6 years discretionary leave under Article 8 in 2009.

In 2012 I applied for another 3 years extension which I received in 2013 after one year until 2016.I have completed my 6 years on discretionary leave in August 2015.

Unfortunately our 10 years relationship breakdown recently and we are separated now. We are still in talking terms and seeing each other as well.

What are my options for ILR ?

I have already completed my 6 years on discretionary leave

I have also completed 10 years lawful residence in any category in December 2015 as well.

Why don't you apply for ILR as you have already completed 6 years on DL. You can use same day visa service at any PEO.

[vinny]

Unfortunately our 10 years relationship breakdown recently and we are separated now. We are still in talking terms and seeing each other as well.

ILR under DL may be a problem (8.4).

ILR under Long residence may be possible.

[Single]

Unfortunately our 10 years relationship breakdown recently and we are separated now. We are still in talking terms and seeing each other as well.

ILR under DL may be a problem (8.4).

ILR under Long residence may be possible.

I have received a telephone call 2 months ago from home office on Saturday when I was at work and they wanted to interview me regarding curtailment of my leave to remain. I told them that whatever they wanted to tell they can write to me as I was not sure whether the call is genuine or not, neither I was prepared to give them interview on telephone at that time.

Since then I have not received any letter or email from home office. I am applying my ILR on 10 Year long residence basis this month at PEO. Do you think it will be problem in current circumstances.

[Single]

Any advice from moderators please

[Obie]

Perhaps your wife informed them that you had separated.

I understand that you could count visitors visa if following its grant, you were then issued leave on a permanence basis.

But in circumstances were you were entering with visitors visa for 5 years it is likely that you would have exceed the 540 days permitted absence that is acceptable over the 10 years period, even if you can successfully argue that you were residing in the UK over that period.

[Single]

Thank you Obie for your reply. Yes My wife might informed them that we are separated. I was out in this 10 year only 492 days out of 540 allowed.

I believe they have to serve me curtailment notice with recorded delivery. Which I still have not received. My current leave to remain still valid until October 2016.

Do you think if they are unable to serve notice to me they can still curtail the leave in their record in back dates?

[Obie]

Do you have child with this person?

You gave to be careful that an immediate curtailment with certificate is not issued, as this will create difficulties for ILR.

[Single]

Do you have child with this person?

You gave to be careful that an immediate curtailment with certificate is not issued, as this will create difficulties for ILR.

No I do not have any children. But I was with my wife 10 years since 2006 but unfortunately we are separated.
To be honest I think they might refused my ILR on the basis they have already curtail my leave on back date. But I think I can win my case on appeal because it is mandatory to serve the notice by recorded delivery. Also my case also not come under immigration law as my leave to remain was out of immigration law on discretionary basis.

[Obie]

If they have a last know address for you, then yes they will serve it, otherwise it could be served on file if there is no know address. Things are not as they use to be.

[Single]

If they have a last know address for you, then yes they will serve it, otherwise it could be served on file if there is no know address. Things are not as they use to be.

Do you think I will go for PEO service or postal application. Do I have a right of appeal on curtailment notice or ILR refusal?

[Obie]

You may get a right of Appeal for ILR if refused.

You are likely not to get for curtailment.

[Single]

You may get a right of Appeal for ILR if refused.

You are likely not to get for curtailment.

Is 60 days curtailment notice is mandatory for case worker on discretionary leave to remain or they can curtail without 60 days notice?

[Obie]

All dependant on circumstances of case.