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Is my 10 Years Long Residence Broken ?

Posted: Wed Feb 21, 2018 9:23 am
by Kandamaya11
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.

Re: Is my 10 Years Long Residence Broken ?

Posted: Wed Feb 21, 2018 1:37 pm
by Kandamaya11
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.

Re: Is my 10 Years Long Residence Broken ?

Posted: Wed Feb 21, 2018 2:00 pm
by marcnath
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.

Re: Is my 10 Years Long Residence Broken ?

Posted: Wed Feb 21, 2018 2:17 pm
by Kandamaya11
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.

Re: Is my 10 Years Long Residence Broken ?

Posted: Wed Feb 21, 2018 2:42 pm
by marcnath
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

Re: Is my 10 Years Long Residence Broken ?

Posted: Wed Feb 21, 2018 7:18 pm
by Kandamaya11
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.