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ILR refused

Posted: Fri Apr 12, 2019 11:05 pm
by Money85
Hi
I came to UK in sept2008 on tier 4, then went to pwp and then tier1 Entrepreneur which was granted in sept2014 till sept 2017. So in sept 2017 wen i applied for extension it was refused for some silly reasons and then i requested AR and that was refused too. And then without wasting further time within 2 days we changed the application and applied for FLR and in sept 2018, when my 10 years complete, my solicitor changed it from FLR to ILR and paid the diff in fees. Then they took their service standard time of 6 months and replied in April 2019 and refused the ILR saying section 3c was broken (when AR was refused in end 2017 ). There was a gap of just 2 days after AR was refused and FLR was applied. Now they have given Appeal rights to me.
My 10 years are on stake. Please Help !!!
All seniors and experienced plz give max replies and give me your valuable comments.
Waiting for your replies. Thanks..

Re: ILR refused

Posted: Fri Apr 12, 2019 11:59 pm
by zimba
The decision was correct under paragraph 267 of the rules. Long residence requires 10 years of lawful residence. Your lawful stay and section 3C ended when AR was refused for your Tier 1E extension. This means that you did not complete your lawful 10 years. Time spent waiting for the FLR was spent as an overstayer (unlawful) and does not count towards long residence unless FLR was granted and your stay was regularised again.

This was recently clear up in the upper tribunal court case Ahmed vs Secretary of State for the Home Department