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10 Year Long Residency ILR - Important Question Please Help!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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alawnic
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10 Year Long Residency ILR - Important Question Please Help!

Post by alawnic » Mon Sep 26, 2011 11:38 am

Hi all,

I have moved to the UK for uni in September 2004, and since then I have done a foundation year + a bachelors and a masters degree, all lasting a total of 6 yeas.
When I first moved, I was not intending on doing a masters so I was supposed to graduate in June 2009, therefore my visa was given to me until 31/12/2009. After enrolling for a Masters, my course was extended till September 2010 which meant that I had to extend my Student Visa. However, due to general laziness and being really busy with my masters, I didn't renew my visa until the beginning of June 2010 which meant I overstayed the period between January 2010 - June 2010. I was refused once in February 2010 through an in-country application (In person) due to not having a CAS number (which I was totally unaware of at the time), but then I have made another in-country application in June 2010 and was given an extension until December 2010 (I wrote a letter explaining the reasons behind me overstaying and I guess it sounded convincing enough for the case worker).

After finishing my course I went back to my home coutry (Jordan) for four months (between December and April 2011) and applied for a PSW visa from there. Again, I wrote a letter to the embassy explaining the reasons why I overstayed in the past and I was granted the PSW until March 2013.

I am currently working for an employer who is willing to sponsor me to switch from Tier-1 PSW to Tier-2 General. I will be doing this in the next 3 months or so. I've been told the Tier-2 visa is given for 3 years, which means if I was given it in January 2012, I will have it until January 2015.

So, this means I will have been in the country for more than 10 years at that point. Will I be eligible for an ILR for long residence, or will I be rejected because of the 5 month period I overstayed? Anyone had a similar situation before? They didn't really mind the overstayed period for the in-country Tier-4 extension or for the out-of-country Tier-1 PSW as I guess I was genuine with my explanation (one of PSW's rules is that your whole stay during your degree has to be legal, but I was given it even though that was not my case)

Your feedback would be much appreciated!

Suf

geriatrix
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Post by geriatrix » Mon Sep 26, 2011 12:00 pm

Grant of leave on basis of approval of an out-of-time application for leave to remain or approval of any new application for entry clearance does not make any previous period of overstay legal.
Life isn't fair, but you can be!

alawnic
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Posts: 3
Joined: Tue Jan 04, 2011 8:53 pm
Location: London, UK

Post by alawnic » Mon Sep 26, 2011 12:14 pm

sushdmehta wrote:Grant of leave on basis of approval of an out-of-time application for leave to remain or approval of any new application for entry clearance does not make any previous period of overstay legal.
Does this mean my application will be declined?

Thanks,

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
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Post by geriatrix » Mon Sep 26, 2011 12:22 pm

If one doesn't meet the requirements, I don't see a reason why the application should not be refused.
Life isn't fair, but you can be!

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