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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2109
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi I have a bit of a complex issue regarding my ILR application

Resolved Question:

Hi

I have a bit of a complex issue regarding my ILR application on the basis of 10 year Long Residency route.

My Tier 4 visa was expiring on 28th April 2012, and I applied for PSW post study work visa on 31st March 2012. PSW application was refused on 27th September 2012 due to UKBA not accepting ACCA qualification as equivalent to degree and is a professional qualification which is not acceptable for PSW visa, with full appeal rights given.

I made in time appeal to first tier tribunal and then after it got refused there i applied to upper tier tribunal as well and it was refused there as well. The final decision from upper tier tribunal was received on 7th June 2013. During this period all my appeals were 'in-time' and i was covered under section 3c of the immigration rules up until 7th June 2013.

Now, my 10 years legal residency completion was on 5th July 2013. I submitted my ILR application on 27th June 2013 (i.e 20 days overstay after my section 3c ended on 7th June 2013) as i am allowed to submit ILR 28 days before the the 10 year period is about to complete in 5th July 2013.

MY QUESTION WHICH IS STRESSING ME OUT IS WILL THE PERIOD COVERED UNDER SECTION 3C THAT I WAS COVERED UNDER FROM APRIL 2012 - UNTIL 7TH JUNE 2013 COVER ME LEGAL IN UK AND ALLOW ME TO QUALIFY FOR ILR ON BASIS OF 10 YEAR ROUTE?

YOUR ADVISE WILL BE HIGHLY APPRECIATED. THANK YOU
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 11 months ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Requirements for long residence the home office state the following:

The applicant must meet the following requirements to be granted indefinite leave:

• The applicant must have at least 10 years lawful residence in the UK.
• There must be no reason why granting leave is against the public good.
• The applicant must meet the knowledge of language and life requirement.
• The applicant must not fall for refusal under the general grounds for refusal.
• The applicant must not be in the UK in breach of immigration laws except for any period of overstaying:
o for 28 days or less, or
o if the application was submitted before 9 July 2012 which will be disregarded.

In your case your leave to remain was firstly extended by paragraph 3C when your application was pending and then by paragraph 3D when your appeal was pending, your original leave to remain would have extended until you exhausted your appeal rights. Therefore you still have permission to remain in the UK as a Tier 4 student until 7th June 2013.

As you have not overstayed for more than 28 days your application for ILR should not be effected. The home office usually overlook any period of overstaying which is less than 28 days.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2109
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

 


So even If i applied on 27th June 2013 which was 9 days before i completed my 10 years , can this be a problem?

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

No this is not, you are allowed to submit applications 28 days prior to meeting the 10 year long residency. The home office will accepts applications made within 28 days of you completing your 10 years in the UK. If you had submitted an application which was more than 28 days before you meet the 10 year requirement, then your application would be refused.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards

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