I made a huge mistake...with reason

[LookingForAnswers]

Hi. I was on various UK student visas from the time I was 10 years old until I was 22 years old. Unfortunately when I was at university, I suffered from terrible depression and in my final year, I let my visa lapse. Honestly, at that time, I didn't even have the strength to respond to emails. After university, I was diagnosed with bipolar disorder and treated at a private hospital in London. After being treated, I could have applied to extend my student visa (extenuating circumstances) and apply for jobs but I was still barely functioning. So I left the UK so I could take some time to get better at home (I'm from an African country). My question is is there any chance I could apply for ILR in retrospect and get it for compassionate reasons? I was in the UK for 12 years, (more than half of my life at the time) only the last 8 months of which were without a visa. All my friends and my life were in the UK. (Before the UK I lived in the Middle East and I have no links with that country now.) What do you think my chances are? Be brutally honest but also if you can think of any ways around this, please do let me know. Thank you so much in advance!

Looking For Answers.

[Wanderer]

Unlikely.

Also did you use NHS while on an expired visa?

[LookingForAnswers]

Ugh. Breaks my heart. No, I didn't.

[physicskate]

Ugh. Breaks my heart. No, I didn't.

Are you in the UK legally now??

In order to apply for 10 years ILR don't you just have to build the 10 year period? I was under the impression that there had to be the intention to live in the UK permanently and that they have to have met the 10 years continuous provision, not that the 10 year period is when the applicant needed to apply.

A period of overstaying would be a problem...

The other problem is if you aren't in the UK or if you are here as a visitor. You cannot apply for this ILR from outside the UK and you cannot apply for it from a visitor visa.

https://www.gov.uk/government/uploads/s ... ce_v13.pdf

[mnaeem126]

You can apply for ILR any time if you have lived in the UK for 10 years lawfully even if you have left the UK now. You need to come back to UK on any lawful entry. I have found some info for you saying, Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10 year period of continuous lawful residence they built up in the past. There is also nothing to prevent a person relying on a 10 year period that they may have relied on in a previous application or grant. Time the applicant has spent in the UK with 3C leave also counts towards lawful residence. For more information, see related link: Time awaiting a decision on an application or an appeal. Please see Page 11/54 and 12/54 od the attached guidance
https://www.gov.uk/government/uploads/s ... ce_v13.pdf

Regards,

[CR001]

I have heard or read from somewhere that if you have lived in the UK for 10 years, you can apply for ILR any time, even if you have left the UK now. You need to check it if you can apply from outside UK or not? I would try to get the info as well.

You are correct that any period of 10 years legal residence in the past will be applicable to apply for ILR. However, this cannot be applied for from abroad and can only be applied for in the UK. The OP would have to get some sort of visa (not sure about visitor visa though) to enter the UK to make the application.

Amber has posted about this scenario previously, I will see if I can find the threads.

[LookingForAnswers]

You can apply for ILR any time if you have lived in the UK for 10 years lawfully even if you have left the UK now. You need to come back to UK on any lawful entry. I have found some info for you saying, Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10 year period of continuous lawful residence they built up in the past. There is also nothing to prevent a person relying on a 10 year period that they may have relied on in a previous application or grant. Time the applicant has spent in the UK with 3C leave also counts towards lawful residence. For more information, see related link: Time awaiting a decision on an application or an appeal. Please see Page 11/54 and 12/54 od the attached guidance
https://www.gov.uk/government/uploads/s ... ce_v13.pdf

Regards,

Oh this is brilliant, thank you. I'll do more research into this. I couldn't see the related link you sent though. "Time awaiting....." It wasn't hyperlinked.

[mnaeem126]

You can click on the link and it will open automatically otherwise you can type the link into your browser. I don't not mean by "Time Awaiting"?