FLR (FP) , legality of time consumed in considering application with homeoffice

[harappa99]

Hello everyone,

I have just been given a 10 year route to settlement (renewed every 2.5 years), I have LIMITED LEAVE T REMAIN on my BMC card.
Q: I am single, Can I go abroad to marry and bring a spouce from abroad under my category?
Q: I waited 7 years for my application to be decided by both home office and then by tribunal. Can we say that, the past 7 years be counted legal stay in UK (as my application was considered) plus the next 2.5 years, and the total of that be considered a 10 year valid stay can help to qualify to apply for indefinite leave to remain.

Looking forward to your comments.

[CR001]

What is your full immigration history?

[harappa99]

I came as student and then overstayed beyond the visa limit for 2 years. I had no other options due to my domestic circumstances.
I later submitted a fresh application under article 8 with took 7 years battling the case in tribunals and HomeOffice back and forth.
I won the case and Now I am put on toward 10-year route before I apply for ILR.
Those 7 years I spent fighting the case, can we call them 'legal stay' as the application was being considered. Can we count those 7 years, into next 3 years will be 10 years lawfull?

[seagul]

I came as student and then overstayed beyond the visa limit for 2 years. I had no other options due to my domestic circumstances.
I later submitted a fresh application under article 8 with took 7 years battling the case in tribunals and HomeOffice back and forth.
I won the case and Now I am put on toward 10-year route before I apply for ILR.
Those 7 years I spent fighting the case, can we call them 'legal stay' as the application was being considered. Can we count those 7 years, into next 3 years will be 10 years lawfull?

For long residence 10 years ILR application those 7 years won't be counted because your application was entirely out of time and section 3C 1971 won't be triggered which extend the expiring leave until decision if applied in timely.

[CR001]

As seagul has mentioned, you cannot count the time you have waited as you made and application while you were an overstayer. Your time starts now from the date your visa was issued.

[harappa99]

CR001

Thank you very much for clarifying my situation. I am now on route to a 10-year stay before qualifying for indefinite leave, and no recourse to public funds. I am able to travel abroad and return.

I want to bring a spouse over from aborad, we are not yet married but planning to get married in next 3 months. I would like your to consider the following;
1. I am expecting a job of basic pay of 15,000 per year, by next week.
2. Is it possible whether I can call her on my own expense to live here with me, as dependent under adequacy of maintenance and accommodation requirements.
3. She is of medical background, qualified and experienced in here line of work. Could she gain working rights same as me.
4. I agree that she will not be entitled to any recourse to public fund, I will cover all her expenses, and i will have support from a third party as well.
5. It may be hard to fitt under 276 rules but Can Article 8 be applied here, so taht we could live together here.

I understand her condition of visa will be same as me, but I can proove that i can provide a secure shelter and cover the living costs. Is it possibe i can call her in the light of above.
Thankyou.

[Wanderer]

CR001

Thank you very much for clarifying my situation. I am now on route to a 10-year stay before qualifying for indefinite leave, and no recourse to public funds. I am able to travel abroad and return.

I want to bring a spouse over from aborad, we are not yet married but planning to get married in next 3 months. I would like your to consider the following;
1. I am expecting a job of basic pay of 15,000 per year, by next week.
2. Is it possible whether I can call her on my own expense to live here with me, as dependent under adequacy of maintenance and accommodation requirements.
3. She is of medical background, qualified and experienced in here line of work. Could she gain working rights same as me.
4. I agree that she will not be entitled to any recourse to public fund, I will cover all her expenses, and i will have support from a third party as well.
5. It may be hard to fitt under 276 rules but Can Article 8 be applied here, so taht we could live together here.

I understand her condition of visa will be same as me, but I can proove that i can provide a secure shelter and cover the living costs. Is it possibe i can call her in the light of above.
Thankyou.

No

[harappa99]

Hy Friends,

Could someone clarify about one's 'status' after he is issued IS96 Temporary Admission for a Person who is Liable to be Removed.

The scenario is, if a person is issued IS96 in 2011 (after a failed human rights application). He files for a an appeal to be heard in Tribunal court and the request for Appeal is Granted and the IS96 Document is 'quashed'. The case runs for next 6 years hearing multiple appeal, Eventyally in 2016 the person wins the case, and he is allowed to stay on Private life basis.

My question is;
- Although the stay was finally granted. Is the time spend between 2011 till 2016 (6 years) a lawful stay or illegal stay?
- IF it is a lawful stay, Can this person live further 4 years counting in the last 6 years to apply for ILR in 2021 (indefinite leave to remain) meeting the condition of past 10-year lawful stay in UK?

Thank you.

[vinny]

Seems lawful.

[vinny]

Posts merged.

[jane2018]

if you think the Home Office unreasonably wasted your 7 years of life, ask a solicitor or barrister (there are publically instructed barristers) for a possibility to file a lawsuit against the Home Office. Read in the internet about the lawsuit/suing the Home Office/Secretary of State. There are cases where people got compensation for such unreasonable delay. 7 years seems crazy even if your case is complex.