Is my 10 years continuity broken?

[CathyJ16]

I qualify to apply for ILR based on 10 years this coming June. My current Visa expires a few days after clocking 10 years in the UK.

However am terribly horrified of facing a refusal. My immigration history has all been fine apart from one refusal in 2014 when I applied for extension for student visa. The refusal was due insufficient maintenance fund. I appealed on time, within working 10 days. However, after having sourced enough funds, I was advised to withdraw the appeal (4 months after refusal) and submit a fresh application, there and then (same day). The subsequent application was successful.

I have been to three lawyers so far, two of them say my 10 years was broken the very day I withdraw the appeal as I should have let the appeal to run its course. However, before giving up, I decided to try a barrister, after going through my case, he says there is still hope, according to him my 10 years is still intact.

Am very confused,I don't want to spend alot on this issue and end up being heart broken by a refusal. Some have advised I keep the little savings am left with for use when I return to my home country as chances are slim with ILR but the latest barrister is adamant I will get it.

Please kindly advise, do I stand any chance? I have gone through loads of postings on this forum but I have not been lucky enough to find a case similar to mine. Please help!

[vinny]

Good chances.

[CathyJ16]

Good chances.

Thanks Vinny, any other links where we have had success stories already under similar situation?

[vinny]

Here's one.

[CathyJ16]

Here's one.

Thanks Vinny.

Any second opinion from anyone please?

Thanks

[Great77]

There are chances you will get it because you applied within 28 days after your withdrawal and the application was successful afterward. That means the period you withdraw and applied till the time you were granted your visa will be counted as legal. Read this link below and page 28 they said if not exceed 28 days.

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

and also the law is quoted here for you.
"276B wrote:
(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

[CathyJ16]

There are chances you will get it because you applied within 28 days after your withdrawal and the application was successful afterward. That means the period you withdraw and applied till the time you were granted your visa will be counted as legal. Read this link below and page 28 they said if not exceed 28 days.

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

and also the law is quoted here for you.
"276B wrote:
(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

Great77,
Great stuff, thanks a million times for this data, it has given me alot of hope!

Will keep you posted on the issue.

Thanks.

[bigben1982]

Hi CathyJ16,
Could you please give some updates about how your ILR application went through?
I am going through a same "withdarawn appeal" situation and I am due for ILR through 10 years long term residency route this September.
Thanks.

[Casa]

Hi CathyJ16,
Could you please give some updates about how your ILR application went through?
I am going through a same "withdarawn appeal" situation and I am due for ILR through 10 years long term residency route this September.
Thanks.

Your are unlikely to get a response. This member only posted 5 times and hasn't visited the forum since Mar 21, 2016, almost a year ago!

[bigben1982]

Hi CathyJ16,
Could you please give some updates about how your ILR application went through?
I am going through a same "withdarawn appeal" situation and I am due for ILR through 10 years long term residency route this September.
Thanks.

Your are unlikely to get a response. This member only posted 5 times and hasn't visited the forum since Mar 21, 2016, almost a year ago!

@casa Thanks for the reply.