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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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DOES THE 14 YEAR RULE APPLIES IF SOMEONE HAS BEEN RESIDENT

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DOES THE 14 YEAR RULE APPLIES IF SOMEONE HAS BEEN RESIDENT FOR OVER 22 YEARS BUT BEFORE THE 14 YEARS GOT LETTER OF DEPORTATION WHICH WAS APPEALED AND THE HOME OFFICE NEVER ENFORCED THE DEPORTATION AND THE APPLICANT RECEIVED NO CORRESPONDENCE FROM THE HOME OFFICE AFTER 13 YEARS

Hi,


Can you just confirm:-

1. what visa you came here initially on

2. on what grounds you appealed your deportation

3. when did you receive the letter of deportation

 

Tom

Customer: replied 6 years ago.

1 My Friend came on studing & work experience scheme with the intention to go back to his country after qualification.

2 Trouble errupted in his country after completion of his professional training (about 8.5 years after arrival) so he applied for further studies which was refused (he said it was refused under the no switching provisions? and entry clearance was required for studying full time?) and because he could not go back home he then applied for Assylum this was refused

3 Notice of intention to deport was about 10 years after arrival.

Hi,


Thanks for your reply. Sorry it's take a while for me to get back to you.

 

The person to whom you a referring would be eligible to apply for indefinite leave to remain on the basis of being here illegally for a period in excess of 14 years. It does not matter that they received a notice of deportation provided they did not actually leave the country and break the length of time that they have been here.

 

It is important that the person is able to evidence the length of time they have been here so that they can prove the length of time in their application. The person should start collating documentary evidence to support the chronology upon which their application would be based.

 

Once this is done they should take the broad sketchings to an immigration solicitor to assess the credibility of their case. You can find immigration solicitors near you by using the following Law Society search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up question.

 

Kind regards,

 

Tom

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