How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Immigration Law Question Here...
UKSolicitorJA is online now

Question regarding obtaining ILR:My background:- Currently

Resolved Question:

Question regarding obtaining ILR:

My background:
- Currently a software engineering professional working in a hybrid electric vehicle research company in the UK
- Graduated with Masters from Imperial College in 2012
- Came to UK in 2000 at age of 10, going through boarding school until 2008.
- Had no UK relatives until 2010.
- From 2000-11, went home for school holidays every summer (2 months), easter (1 month) and Christmas (1)
- 99% of my social circle is in the UK.


- On student visa from 2000 to 2012.


- Passport is BN(O). From Hong Kong.

I applied for SET(O) ILR (under 10 year rule) in 2010. My application was rejected due to me being outside of UK for more than 450 days (more than a couple 100s of days over). I applied myself. Did not appeal ruling.

I then applied again for ILR under the same rule in late 2012. With reduced number of days at home, my days outside the UK was still over 450 days but with less 100s. Application was rejected again but was granted 2.5 years DLR under humans rights rule (due to being in the UK for more than half of my life) in April 2013. Application was made through solicitor. They did not help me appeal.

My DLR expires in 2015 october. I have worked out I will only get ILR if I stay until 2016 and not go home for very long each year.

Are there any routes to getting an ILR sooner? Is there anyway to appeal the ruling? If not, how can I extend my DLR in October 2015?

Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

It appears that you are eligible for ILR right away as you have already built up 10 years continous residence in the UK.

The rules state that you should not have spent more than 540 days out of the UK over your 10 year period and no more than 180 days all at once.

See here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories/long-residence.pdf?view=Binary

Hope this helps
Customer: replied 3 years ago.

No I do not. In the applications I submitted, I was over a total of 32 months absent in my 2012 application and a total of 1174 days absent in my 2010 application. There was no absence period > 180 days in a row.

 

The reason for my absences were because i had to go home during school holidays as I had no relatives in the UK between 2000 to 2008.

Expert:  UKSolicitorJA replied 3 years ago.
In that case I am afraid you would be relying on the Home Office to exercise discretion as you have spent considerably more than the permitted 540 days out of the Uk during the 10 year period.

Not having relatives in the UK is not a good reason I am afraid for being out for so long. If you say you had medical reasons, or work reasons, attending funerals etc. than that would be different.

If you are able to show that you were out for say 600/700 days by the time your DLR expires in 2015, then that would make your case stronger.

Hope this helps
Customer: replied 3 years ago.

Even though I was < 18 back then and had no choice in the matter?


 


Thanks re comment about 600-700 days.


 


If I can't achieve that number by end of 2015, I will need to extend my leave. What are the conditions for renewing DLR? Would I be able to use the same human rights ruling as my 2012 application to gain another 2.5 years?

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid so.

Please post a new question re: your DLR query as your ILR query has been dealt with.

All the best
Customer: replied 3 years ago.

My original question was:


 


"My DLR expires in 2015 october. I have worked out I will only get ILR if I stay until 2016 and not go home for very long each year.

Are there any routes to getting an ILR sooner? Is there anyway to appeal the ruling? If not, how can I extend my DLR in October 2015?"

Expert:  UKSolicitorJA replied 3 years ago.
Thank you for pointing that out.

Discretionary leave to remain is by its very nature, discretionary outside the immigration rules so there is no guarantee that you will be granted further DLR at all.

However, if the same human rights are at play as they were when you were initially granted DLR, there is a good chance that you should get the extension, you need to cite the same grounds as you previously did.

You will need to use form FLR(O) as you were not granted DLR as a result of an asylum application being refused.

All the best
UKSolicitorJA and other Immigration Law Specialists are ready to help you