Indefinite leave to remain after 10 years (Refugee)

[Dadiso]

Hello. Could someone please help if they have any information.

Basically I have been in the Uk for 10 years and one month. Of the ten years 6 were spent waiting for a decision on an application for asylum, which went on for that long and refugee status was finally granted in February last year. By then I had been in the UK for 8 years. Although my case fell under the legacy cases, I was granted 5 years refugee status.

This has left me in a dilemma in that I tried to apply for indefinite leave to remain under the Set Protection Route. Although I am not at the end of my 5 years, I argued that the time that I spent waiting plus the two years spent amounted to more than the 5 years required, but my application was refused.

I am now very frustrated because the refugee status will force me to wait another three years and by then I would have been here 13 years; yet at present I qualify for ILR based on long residence. I cannot afford the £3800 that is required for me to apply straight for ILR through the long residence route (for me and my three children), and I do not know if the application will be allowed.

Please help with any info. Thanks

[joh118]

Hello. Could someone please help if they have any information.

Basically I have been in the Uk for 10 years and one month. Of the ten years 6 were spent waiting for a decision on an application for asylum, which went on for that long and refugee status was finally granted in February last year. By then I had been in the UK for 8 years. Although my case fell under the legacy cases, I was granted 5 years refugee status.

This has left me in a dilemma in that I tried to apply for indefinite leave to remain under the Set Protection Route. Although I am not at the end of my 5 years, I argued that the time that I spent waiting plus the two years spent amounted to more than the 5 years required, but my application was refused.

I am now very frustrated because the refugee status will force me to wait another three years and by then I would have been here 13 years; yet at present I qualify for ILR based on long residence. I cannot afford the £3800 that is required for me to apply straight for ILR through the long residence route (for me and my three children), and I do not know if the application will be allowed.

Please help with any info. Thanks

The 10 year Long Residence rule allows for 10 years CONTINUOUS LAWFUL residence.
I don't think the 6 years you spent waiting for a decision constitutes as "lawful residence". You were merely in a waiting limbo. Your "lawful residence" essentially began from the date your refugee satus was issued.
Therefore, there is a high chance that you will be refused. Also, your children cannot apply with you as dependant on a long residence application. That is the rule. no dependants. only you can apply.

Why do you want ILR so much? You have refugee status which allows you to work full time etc... I would just wait another 3 years and apply ILR. Remember to apply in-time!

[Dadiso]

The rules keep changing and as far as I am aware there are changes coming this year which will make it difficult to get ILR. So was trying to beat that deadline. Besides the refugee status means at the end of the five years the gvt can decide not to grant you further leave depending on the developments in your country of origin. That is why I wanted ILR.

[joh118]

The rules keep changing and as far as I am aware there are changes coming this year which will make it difficult to get ILR. So was trying to beat that deadline. Besides the refugee status means at the end of the five years the gvt can decide not to grant you further leave depending on the developments in your country of origin. That is why I wanted ILR.

I understand. besides, you have children here as well. That would support your application fro IRL when the time comes.

good luck

[Greenie]

The 10 year Long Residence rule allows for 10 years CONTINUOUS LAWFUL residence.
I don't think the 6 years you spent waiting for a decision constitutes as "lawful residence". You were merely in a waiting limbo. Your "lawful residence" essentially began from the date your refugee satus was issued.
Therefore, there is a high chance that you will be refused. Also, your children cannot apply with you as dependant on a long residence application. That is the rule. no dependants. only you can apply.

Why do you want ILR so much? You have refugee status which allows you to work full time etc... I would just wait another 3 years and apply ILR. Remember to apply in-time!

I understand fully why the OP wants ILR.

In fact time spend on 'temporary admission' whilsts waiting for a decision on an asylum claim can count towards lawful residence if it is followed by a grant of leave, so it depends on the circumstances of your case.

Please see the IDI on Long Residence http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Were you on TA and required to report prior to your grant of leave? Did you abide by these reporting conditions? Was your case ever finally determined, i.e. was your refugee status the result of a fresh claim? What status did you have in the UK before you claimed asylum?

Were your children born in the UK? If so then if you were successful in an application for ILR they could register as British Citizens if they are under 18

[Dadiso]

Thank you all for your responses. Yes I was on Temporary Admission and I did report regularly as requested. I was eventually granted refugee status based on that old claim (legacy case) so there was never a time that I was unlawfully in the UK. I agree with the latest poster that time spent on TA is regarded as lawful residence because I read that on the Home Office website.

[Greenie]

Where were your children born?

[Dadiso]

One born in Zimbabwe (14 years old), the other two born in the UK (9 and 3)

[joh118]

One born in Zimbabwe (14 years old), the other two born in the UK (9 and 3)

just wait one more year and the 9 year old child who was born in the UK will be entitled to UK citizenship when the child becomes 10. When you finish your 5 year refugee status, you will then have a VERY VERY strong case due to article 8 to get ILR in the UK. They can't deport a british citizen (your child)!

see here: http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

To my knowledge, I don't believe there is any requirement for the child to have legal status during the 10 year period, just a physical presence will do. Although there is a requirement of not spending more than 90 days outside UK in each year of the 10 year period.

[joh118]

Thank you all for your responses. Yes I was on Temporary Admission and I did report regularly as requested. I was eventually granted refugee status based on that old claim (legacy case) so there was never a time that I was unlawfully in the UK. I agree with the latest poster that time spent on TA is regarded as lawful residence because I read that on the Home Office website.

In which case, you may be eligible to get ILR.

Temporary Admission (TA) only qualifies as lawful residence if leave to enter or remain is subsequently granted.

A person applies for leave to enter at Port on 31 January 1995 and is granted TA. The person remains on TA until 27 June 2003, when they are granted four years’ leave to enter until 27 June 2007. On 1 February 2005, the person applies for ILR under the 10 years rule. Has the person completed 10 years continuous lawful residence in the UK?

Yes. As the person was granted leave in 2003 following a period of TA, this means that their time on TA between 1995 and 2003 counts as lawful residence. Therefore the person has been here lawfully for ten years.

[Greenie]

If you successfully apply for ilr under 10 years long residence for yourself then the children born in through UK will have an entitlement to register as British citizens.

I must say though that without knowing all of the facts of your case Its impossible to say whether you qualify under this category so would advise you to seek legal advice.

[Dadiso]

Thanks a lot.