Immigrationboards.com

Posted: **Fri May 20, 2011 7:28 pm**

i came to the uk in 2001, and have been here for a period of 10 years now.

only issue is that my travel dates have exceeded 18th months.

this was due to be being underage, and having to go home to my parents.

would i still qualify for IDR?

many thanks

Posted: **Fri May 20, 2011 7:40 pm**

See also 18 month rule?

Posted: **Fri May 20, 2011 11:57 pm**

This immigration case is much like yours, ie underaged and going home to parents. It failed.

perhaps if you can tell us more about your history in the UK?

Posted: **Sun May 22, 2011 3:21 am**

joh118 wrote:This immigration case is much like yours, ie underaged and going home to parents. It failed.

perhaps if you can tell us more about your history in the UK?

i came to the uk since i was 13 of a 4 year student visa did yr 9 to L6
then got another visa 5 years did my undergrad and master
Got another 1 year visa, of a diploma in law.

now my case is that i was underage, and up till when i was 18, i had to go home, as i could not rent a property, or live legally here.

i know my story is similar to hers, but the fact is that i have invested in a property here, around a million, and i haven't worked anywhere in the world.

been out for about 90 days a year.

you got any cases of them succeeding?

Posted: **Sun May 22, 2011 2:18 pm**

Unfortunately, owning property doesn't give you the right to live in the UK. Your case is very similar to the case above. I wouldnt think there was a high chance of success but there's no harm in applying. If you want to have a go at applying then I suggest you to consult a professional who can write a good convincing letter as part of your application.

Posted: **Sun May 22, 2011 2:39 pm**

I agree with joh118, the key to your application may be Art.8 (Private and Family life).

You need a very good professional, who is expert in Art.8 as your ILR has to be granted outside the rules.

Posted: **Sun May 22, 2011 10:34 pm**

Hi,
Your right, you have any case law, on the basis that kids underage are not responsible for their parents decisions.

As is like when i was underage, and hence didn't apply for the visa, or know about ILR. So how can i be bound by those rules?

thank

Posted: **Sun May 22, 2011 11:55 pm**

bratdaswani wrote:Hi,
Your right, you have any case law, on the basis that kids underage are not responsible for their parents decisions.

As is like when i was underage, and hence didn't apply for the visa, or know about ILR. So how can i be bound by those rules?

thank

It can be argued that the case law above set a precedent in that regardless of the parents decision or being underage, having a total period of absence of longer than 18 months makes the applicant uneligible. Legally, you are bound by the UK's immigration laws no matter what age you are.

I myself got ILR under long residency even though I had a 6 month visa gap due my parents fault and an extenuating reason. This was mentioned in the covering letter and the caseworker used his/her discretion.

You will notice that in Chapter 18 IDI Whilst such senarios of a visa gap caused by an extenuating reason has some scope for discretion to be used, there is nothing in the IDI on using discretion for a period of absence from UK of longer than 18 months.

Had your problem been a visa gap then your chances would have been higher. but like I said before, its no harm in applying and I would have at least a try.

Posted: **Mon May 23, 2011 1:13 am**

younoy wrote:Following my previous post, I would like to share my application experience:

Filled SET(O) application form online and made my payment online in Feb 2011
SET (O) Application form posted: 09 Mar 2011 by special delivery
Acknowledgement Letter dated: 07 Mar 2011
Acknowledgement Letter received: 10 Mar 2011
Documents received in post: 04 May
ILR in the passport dated: 21 Apr 2011 (Liverpool)
Processing time: 6 weeks (from application received to PR issued)

It was 6 year students, 1 year graduate working visa, 3.5 year student (still studying)

My case is NOT straightforward. If you have no gap, you do not need to read further. I entered the country in Oct 2000. I overstayed in Oct 2001 after my 1-year student VISA expired. I was 16 at the time and was studying in a boarding school. My school took my passport to apply for VISA on my behalf, which they did not. Therefore I have a single large gap of almost 60 days. I have always applied in time for the rest of my stay. Another problem was that I spent too much time outside the UK. As a student, I had many long vacations outside the UK over the years. I did an internship in almost every summer vacation and the places have been all over the world, not just my home country.

I did not use a lawyer. In order to support my application, I sent a long list of documents, including:
1 Cover letter explaining the situation of the single gap, my contribution towards British society (donation and fundraising towards charity totaling over Â£10,000 over the years), financial tie (bought a house in 2008) and my outstanding research work in my field.
2 Life in the UK exam certificate
3 Letter from boarding school to confirm my attendance
4 Letter from college to confirm my first degree
5 Letter from employer to confirm my year-long work experience
6 Letter from current university to confirm my PhD study
7 Letter from supervisor to support my application, he kindly explained the signification of my discovery in the field.
8 Land registry certificate for my house
9 6 month Bank statements with over Â£100,000 investment in equity
10 one Payslip for every 4 month from 2007 to 2011 (My PhD is fully funded)
11 Self written detailed travel history table, where I specified the location, length and objective of every internship I undertook.
12 A long list of references for my charity work, university studies and internship supervisors.

I hope my experience can help those do not have a straightforward case. Just be honest but do not be shy to sell yourself. Good luck everyone and I would be happy to help fellow applicants in similar situations.

this person got it!! so gonna see a lawyer next week

Posted: **Mon May 23, 2011 8:18 am**

good luck! make sure you use a really good professional.

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IDR - 10 year

IDR - 10 year