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Is my 10 Years Long Residence Broken ?

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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Kandamaya11
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Posts: 46
Joined: Fri Feb 02, 2018 11:06 am
Ghana

Is my 10 Years Long Residence Broken ?

Post by Kandamaya11 » Wed Feb 21, 2018 9:23 am

I wish to know if my 10 years long residence is broken. 2019 will make 10 years and never been out of country for more than 180 days.

Entered UK with valid leave October 2009 - August 2012.

Extended leave August 2012 - May 31 2014.

Extended leave May 2014 - Dec 2014.

Applied for leave in time Dec 2014 ---No response from Home office except ECHR letter after biometric.

Feb 2015, While waiting for outcome of my application, wife applied for flr fp and I was included in the application as Dependant.

March 2015- Home Office varied my application and refunded my fee for previous application, Then advised us to apply for Asylum based on content of the FLR FP application.

April 2015, Home office withdrew FLR FP Application based on Asylum application

August 17 , 2015 - Asylum refused but not certified.

Appeal lodged 27 August, 2015 and dismissed May 2016. Applied same month to FTT for Permission to Upper tribunal.

June 2016, Permission to Upper Tribunal dismissed

Appeal rights exhausted 8 July 2016.

Applied FLR FP 15 July 2016.

Sept 2017, FLR FP refused.

Appealed September 2017 First tier tribunal

Hearing Jan 2018.

Appeal Allowed Feb 2018.

N.B : All previous applications were in time and All appeals were within 14 days.
Last edited by vinny on Wed Feb 21, 2018 2:11 pm, edited 1 time in total.
Reason: Link added

Kandamaya11
Newbie
Posts: 46
Joined: Fri Feb 02, 2018 11:06 am
Ghana

Re: Is my 10 Years Long Residence Broken ?

Post by Kandamaya11 » Wed Feb 21, 2018 1:37 pm

Can someone please help out ...I know there are good and knowledgeable people on this forum who can help regarding my post. Thanks in advance.

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Is my 10 Years Long Residence Broken ?

Post by marcnath » Wed Feb 21, 2018 2:00 pm

When you say Appeal allowed, I am assuming they have only allowed you to appeal and the court did not overturn the rejection.

If that is the case, you are not eligible for 10 year LR. You will be eligible only when your last application - FLR (FP) is granted.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Kandamaya11
Newbie
Posts: 46
Joined: Fri Feb 02, 2018 11:06 am
Ghana

Re: Is my 10 Years Long Residence Broken ?

Post by Kandamaya11 » Wed Feb 21, 2018 2:17 pm

marcnath. Thanks for your help.

" Appeal Allowed" means I have been to court FTT and Judge has overturned the refusal and HO has not challenged it.

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Is my 10 Years Long Residence Broken ?

Post by marcnath » Wed Feb 21, 2018 2:42 pm

Kandamaya11 wrote:
Wed Feb 21, 2018 2:17 pm
marcnath. Thanks for your help.

" Appeal Allowed" means I have been to court FTT and Judge has overturned the refusal and HO has not challenged it.
Ok. So once you get your FLR (FP) visa, you can apply for your 10 yr LR
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Kandamaya11
Newbie
Posts: 46
Joined: Fri Feb 02, 2018 11:06 am
Ghana

Re: Is my 10 Years Long Residence Broken ?

Post by Kandamaya11 » Wed Feb 21, 2018 7:18 pm

marcnath. That's good news for me then. Come next year 0ctober 2019, I will be due for ILR based on long residence. I appreciate your response.

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