14 yrs Long residence Application !!

[Alpacino_13]

All,

Hope you are well.

Can someone pls tell me when the application for the 14 yrs Long Residence can be submitted ? This person has been in the UK for 13 Years & 7 Months.

Much appreciated in advance.

Thanks,

Alpacino

[jei2]

Best to wait until the 14 years are fully up.

Don't forget that any previous refusals which list a liability to removal stops the clock for ever. Unless of course 14 years had already been reached at the time that the notice was served.

In such cases it might be better to apply for discretionary leave citing other factors eg Article 8 right to family life.

[Alpacino_13]

Much appreciated for your reply jei2,

I think he has been served with IS151A in 2004 but since then his case has been dragging at the AIT (Asylum & Immigration Tribunal) cause he has made an appeal under Article 8 with no decision. They have reffered the case back to the Home Office to make a decision.

This person has some VERY strong compassionate grounds to his case, his mother is a british citizen (naturalisation) as well as his brother. He contributes to the economy, Mortgage and all the rest, ie: the good character and so on....

He is still waiting for a response from The Home Office. Would they take the 14 yrs Long Residence into consideration eventhough he has been served with that notice ?

Thanks

[Jeff Albright]

I think he has been served with IS151A in 2004

I am sorry that itself already means he is ineligible.

but since then his case has been dragging at the AIT (Asylum & Immigration Tribunal) cause he has made an appeal under Article 8 with no decision.

Strange, AIT usually do not drag cases like this

They have reffered the case back to the Home Office to make a decision.

That's a different matter. If AIT determined the case by remitting it back to the Home Office, he will then have to chase this with the Home Office.

This person has some VERY strong compassionate grounds to his case, his mother is a british citizen (naturalisation) as well as his brother.

To succeed under the Article 8, one should have what it is called TRULY EXCEPTIONAL circumstances, not just strong.

He contributes to the economy, Mortgage and all the rest, ie: the good character and so on....

That itself does not amount to truly exceptional circumstances I am afraid.

He is still waiting for a response from The Home Office. Would they take the 14 yrs Long Residence into consideration eventhough he has been served with that notice ?

Sorry, no. He is ineligilbe for LRC.

Thanks[/quote]

[Alpacino_13]

Thanks for your reply Jeff - One more thing if you can ?

The case originally went to AIT to appeal against a refusal of ILR under Article 8. Then it went for JR and then gave an order for reconsideration to AIT.

However AIT sent it back to HO to make a decision! This was since July 07 and still waiting.

How would that work with regards to IS151A and the 14 Yrs Long residence cause they still havent made a decision yet !

Kind Regards