ILR on basis of 10 years.

[abbashassan]

Hello everyone,
I would like to share one of my friend case here well and need advice for him.
He came is student in July 2007 as student.
He done all student extension on time and was always given student extensions on time.
He then applied PSW in April 2012 And was given for 2 years until April 2014.
In April 2014 he applied for entrepreneur visa tier 1.
He was called for interview but later refused in December 2014 because of some problem with funds but his good luck he had right of appeal.
Appeal was heard and rejected in June 2015. He went to upper tribunal and from there also rejected in October 2015.
He was send the letter to leave country within 28 days and he submitted new application in November 2015 on basis of human right within that 28 days. Human right application because his wife had discretionary leave.
The human right application was also rejected on July 2016 with right of appeal and now he got hearing in July 2017. And he will complete 10 years in July as well.
Now there is 2 possibilities either court accept or reject ..
If court reject then can he go on premium service for ILR on basis of 10 years.

He never made out of time application or appeal.
Please guide us if in case of refusal, can he go for ILR at premium service. Everyone knows it's a lot of money and can't go unless it's sure they will not object.

[abbashassan]

Can any senior member please help us on this.

[iworker]

As i understand, No.
He does not have a leave since Dec 2014. Even if he gets the latest visa through appeal, he did not have a valid leave between dec 14 to now.

[abbashassan]

As i understand, No.
He does not have a leave since Dec 2014. Even if he gets the latest visa through appeal, he did not have a valid leave between dec 14 to now.

thanks for your reply,
can you please guess then what was his status then and even now? he is not over stayer as much i think because
An overstayer is a person who stays in the UK beyond the period of their leave. This
is a criminal offence under section 24 of the Immigration Act 1971.
he was given 28 days to leave country and he submitted new application within this time instead of becoming over stayer. is there any chance his section 3c started again?

[zimba]

No. His section 3C ended when he exhausted all the appeal options in October 2015. He has been an overstayer since and does not have 10 year lawful stay here to apply under SET(LR)

[abbashassan]

If someone over stayer will he get right of appeal?
also over stayer is a crime? he should be held and his application was suppose to be refused straight away.
application not refused and on top right of appeal also given

[CR001]

If someone over stayer will he get right of appeal?
also over stayer is a crime? he should be held and his application was suppose to be refused straight away.
application not refused and on top right of appeal also given

Being an overstayer is a breach of the immigration rules. DLR applications are slightly different but this won't, IF he wins his appeal, suddenly give him legal status prior to the DLR application/appeal.

He does not have 10 years continuous residence as he had no 3C leave once his appeal process was refused.