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Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
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Hi there. I have lived in the UK since October 1991. I arrived

Resolved Question:

Hi there. I have lived in the UK since October 1991. I arrived as a visitor (a minor). My visa was extended and I was granted a 2 year working visa. I was not aware of what I was required to do to ensure my stay in the UK was lawful and when I eventualkly found out, it appeared that I had overstayed and I was served a deportation notice. I was married to a British citizen prior to the deportation notice being served. I appealed against the decision to deport me on the basis that I was the sole breadwinner as my then husband was at college studying. We went to court and the adjudicator recommended to the Home Office that my case be reconsidered. This was in 1996 and I never heard anything back from the Home Office as to what their decision was with regards XXXXX XXXXX status. I got another lawyer and my local MP involved in 2005 as I had not heard anything from HO and it was proving difficult to change jobs as my passport was still with the HO since 1996 when my appeal against the deportation was made. Finally in 2006 I heard back from the HO and I was granted limited discretionary leave to remain until August 2008. I then applied for Indefinite Leave to Remain in 2008 as I thought I qualified for the long residency status. My application was not successful, but they granted me a further extension of the discretionary leave to remain until August 2011. I remarried in April 2010 to the father of my two children (both born here in the UK) and my question here is, I am thinking of applying for ILR, but I am unsure when to start counting my long residency from and which of the two long residency status I should apply for i.e Lawful 10 years or 14 years residency. I do not know if I can apply under either of these as unsure of when to start counting from - when my appeal was heard by the adjudicator or when my passport was first returned to me in 2006. Any assistance would be greatly appreciated. Thank yo ufo ryour time and apologies fro the lengthy note - thought it would be helpful to give you the full picture.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Paul Richmond replied 4 years ago.

Thank-you for your question. From the information that you have provided it seems unlikely that you will qualify under the 10 years rule. This rule provides for indefinite leave to remain for persons who have spent 10 continuous years in the UK lawfully. Since you have had a period of overstaying it seems that you will not satisfy the requirements of this rule. You may however be able to apply under the 14 year rule. This rule provides for indefinite leave to remain for persons who have spent 14 continuous years in the UK lawfully or unlawfully. However, certain events (such as the service of a form IS151A or IS151B) "stop the clock" for the purposes of accruing 14 years and even if you can show 14 years continuous residence the Home Office will only grant indefinite leave to remain if there are no reasons of public interest why they should not do so. Without seeing all of the papers in your case it is not really possible to provide any more detailed advice than this. However, I suggest that you have a look through this guidance note written by the Home Office for its own caseworkers - it should provide you with a good indication as to whether or not you will qualify:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter18/longresidence/Long_Residence_IDI-_final_d1.pdf?view=Binary

 

I hope this answers your question. Please kindly click ACCEPT so that I may be rewarded for my time. Thank-you.



Edited by Paul Richmond on 7/6/2010 at 11:11 PM EST
Customer: replied 4 years ago.
Thank you for the prompt response. I am a law abiding citizen. I have no criminal records and pose no threat to society. I am a home owner and my husband owns the property we live in also. I am in fulltime employment with my current employer. My usband is in fulltime employment too and both of our children are in in fulltime education and childcare estalishmnet. I have never had recourse to public funds as have always worked and paid for everything myself. My question still remains slightly unanswered - do I start counting the 14 years from when a made my appeal to the HO after the deportation notice was served as I appreciate that anytime spent in the UK from 1991 to 1995 can not be counted as the 'clock stopped'. Also how do I go about obtaining the papers held for me by the HO as until 2005 I was unsure what the previous lawyer submitted on my behalf, but I am almost convinced he did not do anything besides make the appeal back in 1995.
Customer: replied 4 years ago.
...sorry I meant to also ask. should I choose to apply for the 14 years long residency, can I apply now or do I have to wait until August 2011 when my current extended limited leave to remain expires?
Expert:  Paul Richmond replied 4 years ago.

You don't have to wait for your current leave to remain to expire. You can apply as soon as you meet the requirements of the 14 year rule.

 

Please kindly click ACCEPT so that I may be rewarded for my time. Thank-you.

Paul Richmond, Barrister
Satisfied Customers: 138
Experience: LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
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