4 months short to complete 10 years long residency.

[hasan6223]

Hi,
I am in UK from 09/09/2006. And I have visa untill 10/04/2016. Tier-4 general. After that I have no hope to get a CAS for extending my student visa. I have my wife here she is on her own visa studying a level 6 course.I am considering few steps to complete my 10 years.

1. Apply as her dependent. ( I know it will be refused but I will get 1.5 months).
2. Then apply FLR(O) (Asuming it will be refused too).
3. Then apply FLR(FP) on the basis of private life in the UK.
4. And then vary my application to SET(LR).

would you please advice me on the issue. Also how many application can I make consecutively?
Thank you.

[entrepreneur123]

You can switch as dependent of your wife within UK as long as I think. No problem with that

[entrepreneur123]

You can switch as dependent of your wife within UK as long as I think. No problem with that. No problem from switching from main applicant to dependent within UK . But dependent can't switch to main applicant.

[hasan6223]

Sorry I cant because she is studying level 6 in a university. UKVI requirement is level 7 course. Thank you.

[knucks]

Hi Hassan, I'm also in a similar situation, my ilr is due in 3 months time. I currently hold Tier 2.

I am intending to file FLR FP ...

As for consecutive applications, I guess you have the legal right to file any application within 28 days after the decision.

[hasan6223]

I would appreciate an expart's comments on the issue. Any moderators please.

[hasan6223]

Vinny,obie, Casa, Amber anyone please? Will it be wise to make an FLR(o) application first and then Flr(FP) to cover my 4 month gap for ILR??

[hasan6223]

Dear Vinny

It seems to me that these rules are mentioned in old long residence guidence. New guidence does not tell us anything about effect of certification (96,94) of an application. Does it still relevent today or the rules changed? would you please clear me. Thank you.

2.2.6 Events that "stop the clock" for the purposes of the continuous residence
Paragraph 276B(i)(b) allows settlement to be granted where the applicant has had 14 years continuous residence here (whether or not the residence was lawful), excluding any period following the service of:
a. a notice of liability to removal; or
b. a decision to remove by way of Directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971, or section 10 of the Immigration and Asylum Act 1999; or c. a notice of intention to deport (also known as a Notice of a decision to make a deportation order).
Service of any of the above notices "stops the clock" for the purposes of paragraph 276B(i)(b). This means that, if the applicant had not accumulated 14 years continuous residence on the date the "clock stopping" notice was served, they will never be able to qualify under paragraph 276B(i)(b).
Notices which stop the clock include:
• IS151A
• IS151A Part 2
• IS151B
• IS151B (NSA) (used in NSA cases)
• IS151B (CERT) (used where an asylum or Human Rights claim has been
refused and certified under section 96 of the Nationality, Immigration and
Asylum Act 2002).
• Notice of intention to deport ICD.1070
• Prior to the introduction of the ICD.1070 (on 2 October 2000), the notice of
intention to deport was the APP 104.
• ICD.1071
• ICD.1072
• ICD.1075
• ICD.1076

[Casa]

Paragraph 276B(i)(b) of the Immigration Rules, which allowed settlement in the UK after 14 years of lawful and/or unlawful residence, is no longer applicable from 9 July 2012.

https://www.freemovement.org.uk/new-rul ... residence/

[secret.simon]

14 year continuous (legal and illegal) residence ILR ceased in 2012, as Casa mentioned.

Now, 20 years continuous (legal or illegal) residence gets you FLR(FP) and you need 10 years of FLR(FP) or other continuous legal residence to get ILR.

[hasan6223]

Paragraph 276B(i)(b) of the Immigration Rules, which allowed settlement in the UK after 14 years of lawful and/or unlawful residence, is no longer applicable from 9 July 2012.

https://www.freemovement.org.uk/new-rul ... residence/

Dear Casa,
Thank you. As you said Paragraph 276B (i) (b) no longr valid so the certification of an application does not stop the long residence clock anymore. ( as I understand from here correct me if I am wrong). But I seen a post which I am refering below,

Re: FLR (FP) been refused with no Appeal right & leave UK no

"Postby Obie » Mon Jul 27, 2015 12:38 am

This OP on this thread was wrongly advised.

Is leave was certified and a removal notice issued.

The removal notice has the potential of stopping the ILR clock. He/she should challenge the certification and the removal via JR and then make the ILR

The advise that the OP should make a set LR application was wrong..

If op had only been refused leave , then he/she might have taken that approach , but removal was issued also.

There is first the need to challenge the certification and removal.''

I have applied for FLR(FP). I want to understand if my application is certified should my ILR clock stop?

[hasan6223]

Anyone Please?

[salarzai]

Dear Hassan6223,

What happened in your case? Would you kindly share your experiences please?