IRL (kept to the terms of my visa)
Posted: Thu May 02, 2019 11:25 am
Hello there,
I have been in the UK lawfully since 12/07/2009. I believe that in 12/07/2019 which is only about 2mouth and a half (71 days) I will be able to apply for ILR via long residence basis. Throughout these years, I have been a student under Tier 4 category (from GCSEs to 2nd year Ph.D.). My current Leave will expire on 29/01/2021. I have always renewed my Leave while I was in the UK and have not left the country for more 180 days at the time or 540 days in total.
I have kept to the terms of my visas expect that I have not updated my Police Registration since 2012. Since then, I have been granted four consecutive Leaves including my current one. Obviously, not having my PR updates have been an oversight and unintentional as I have only realised it now.
I looked online to get some more information about this and I happened to find the following HO document. The document is about the general ground for refusal when considering leave to remain:
https://assets.publishing.service.gov.u ... 9.0EXT.PDF
In the document, on page 31 of 64, it says, and I quote
“When you consider whether an applicant can have further leave, you may take into account their previous immigration history. When your checks show that an applicant has broken the conditions of their stay, you should refuse further leave to remain under paragraph 322(3) unless leave to enter or remain in the UK has been granted in the knowledge of a previous breach.
Conditions of stay means the conditions endorsed on an applicant’s entry clearance or UK residence permit. For example:
• no recourse to public funds
• no recourse to public funds, no work or engaging in business
• no recourse to public funds, employment as a Minister of Religion, changes must be authorised by the Secretary of State
• restrictions on work or on place of work imposed on Tier 2 and 5 points-based system (PBS) migrants
• restrictions on work or place of study imposed on Tier 4 PBS migrants
• register with the police
When evidence shows that one or more of the above conditions has been broken, you must refuse further leave to remain under paragraph 322(3) as well as any refusal under the substantive rules unless discretion has previously been exercised to grant leave in the knowledge of and despite the breach concerned.”
Obviously, I have broken one of the conditions attached to my visa (not having my PR updated) but my visa was granted four times since that oversight breach.
Now my question is:
Given this situation, once I apply for my ILR while not having my PR updated, could it result in rejection?
reading this information, I personally believe that it does not. Because it clearly says that if a Leave was granted although breach has happened, further Leave oughtn’t to be affected.
Please let me what you think though, if this could stop me from getting my ILR, If you have more information please do let me know, I would really appreciate it.
I have been in the UK lawfully since 12/07/2009. I believe that in 12/07/2019 which is only about 2mouth and a half (71 days) I will be able to apply for ILR via long residence basis. Throughout these years, I have been a student under Tier 4 category (from GCSEs to 2nd year Ph.D.). My current Leave will expire on 29/01/2021. I have always renewed my Leave while I was in the UK and have not left the country for more 180 days at the time or 540 days in total.
I have kept to the terms of my visas expect that I have not updated my Police Registration since 2012. Since then, I have been granted four consecutive Leaves including my current one. Obviously, not having my PR updates have been an oversight and unintentional as I have only realised it now.
I looked online to get some more information about this and I happened to find the following HO document. The document is about the general ground for refusal when considering leave to remain:
https://assets.publishing.service.gov.u ... 9.0EXT.PDF
In the document, on page 31 of 64, it says, and I quote
“When you consider whether an applicant can have further leave, you may take into account their previous immigration history. When your checks show that an applicant has broken the conditions of their stay, you should refuse further leave to remain under paragraph 322(3) unless leave to enter or remain in the UK has been granted in the knowledge of a previous breach.
Conditions of stay means the conditions endorsed on an applicant’s entry clearance or UK residence permit. For example:
• no recourse to public funds
• no recourse to public funds, no work or engaging in business
• no recourse to public funds, employment as a Minister of Religion, changes must be authorised by the Secretary of State
• restrictions on work or on place of work imposed on Tier 2 and 5 points-based system (PBS) migrants
• restrictions on work or place of study imposed on Tier 4 PBS migrants
• register with the police
When evidence shows that one or more of the above conditions has been broken, you must refuse further leave to remain under paragraph 322(3) as well as any refusal under the substantive rules unless discretion has previously been exercised to grant leave in the knowledge of and despite the breach concerned.”
Obviously, I have broken one of the conditions attached to my visa (not having my PR updated) but my visa was granted four times since that oversight breach.
Now my question is:
Given this situation, once I apply for my ILR while not having my PR updated, could it result in rejection?
reading this information, I personally believe that it does not. Because it clearly says that if a Leave was granted although breach has happened, further Leave oughtn’t to be affected.
Please let me what you think though, if this could stop me from getting my ILR, If you have more information please do let me know, I would really appreciate it.
