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ilr application eligibility where time spent on asylum

Posted: Mon Jun 01, 2020 7:40 pm
by par2012
hi....just curious....anyone be able to suggest for my friend please
he came as student on feb 2010.after having few extension he finally did an asylum claim on November 2016 before his visa expired.after having 2 home office interview,that was refused.he appealled against it on time and after long time he had a hearing date on 4th may which has been cancel due to covid19 and waiting for further hearing date.
he has been told by someone that he can apply for ilr while his appeal is pending, defending that if anyone claim asylum before their visa expired, unless sshd decide claim before his previous leave expire, their 3c leave continue.and if 3c leave continue,he must have eligible for ilr.but my doubt is time spending on asylum claim does not mean lawful resident.
how true is that? anyone please have any ideas? will be highly appreciated.otherwise he will be wasting money for apply ilr.
looking for any suggestion please.
thank you all

Re: ilr application eligibility where time spent on asylum

Posted: Tue Jun 02, 2020 12:48 am
by zimba
Asylum applications trigger section 3C as normal. In fact he can apply for SET(LR) while his appeal is continuing: indefinite-leave-to-remain/how-to-apply ... l#p1856356

Re: ilr application eligibility where time spent on asylum

Posted: Tue Jun 02, 2020 11:15 am
by par2012
thanks zimba...
thank you for your reply...its really helpfull. i will ask him to make an application.and ill get back with any outcome..thanks again

Re: ilr application eligibility where time spent on asylum

Posted: Fri Jun 12, 2020 1:24 am
by par2012
hi zimba,
thank u again for your earlier reply.my friend is waiting for life in the uk to apply for ilr
i am writing exact wording of his immigration history mention on asylum refusal. please suggest me if u see Anything we need to do for him.

IMMIGRATION HISTORY AND VISA MATCHES

1. you arrived in the united kingdom on11 January 2010 by plane and claimed asylum on 30 november 2016 (HO record)

2.you made an application for multi-tier4(general) student visa on 22 October 2009(VAF No.545435)
3. your application was issued on 15 december 2009 and you were granted leave valid from 25 december 2009 until 20 february2012(VAF No .....)

4. you made an in country application for tier4 general student LTR on 18 february2012 which was refused on 29 may 2012 with right to appeal(HO RECORD)

5. you lodge an appeal on 22 June 2012(HO Record)

6.your first hearing was allowed on 15 october2012(HO record)

7.your application for tier4 LTR was reconsidered on 04 march2014(HO record)

8.your application for tier4 LTR granted on 06january2015 and valid until 30 november 2016

9.you made an asylum claim on 30 november 2016(HO record)

his asylum refused on 13 march 2019 and now waiting for a hearing date to first tier tribunal.

just writing for any suggestion from you , whether his 3c leave intake and eligible for ilr.
thank you in advance.

Re: ilr application eligibility where time spent on asylum

Posted: Fri Jun 12, 2020 3:05 am
by zimba
My advice remains the same.

Re: ilr application eligibility where time spent on asylum

Posted: Fri Jun 12, 2020 11:44 pm
by par2012
thank you zimba...