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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi Sir/Madam I was granted discreationery leave to remain

Resolved Question:

Hi Sir/Madam

I was granted discreationery leave to remain in the uk 3 years ago, this discreationary leave came to an end and i was granted a further 3 years discreationery leave to remain in the uk this was granted around september 2013. so it expires in september, 2016 or there abouts. After it has expired its said i am entitled to apply for indefinate leave to remain, given that i meet certain criteria. Now my question is, prior to my original 3 years discreationery leave to remain in the uk expiring i had made 10yrs in the united kingdom, and to my knowledge if i have legally been in the uk for more than 10yrs i am entitled to apply for indefinate leave straight away. Can i apply for indefinate leave now, rather than wait until september 2016. thanks. Phil
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Phil,

Thanks for your question.

Yes, if (at any point) you reached ten years lawful residence in the UK then you qualify time-wise to apply for ILR on the basis of long residence and you can apply at any time. It is open to any person to apply provided that they meet the eligibility criteria.

There must not be any breaks in your leave to remain (whether it was granted within the rules or discretionary) though.

Please refer to the table on page 5 on indefinite leave to remain by long residence on the following governmental webpage on the subject:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/269834/longresidence-life.pdf

Provide you meet the requirement on this page and can prove the length of time that you have been in the UK is over 10 years then you can apply for ILR now, rather than waiting.

Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
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Customer: replied 2 years ago.


Thank for your answer tom, but just to be completely clear , what if in the process of being given discreationary leave i had to appeal several refusal for my application of leave to remain, does that constitute a break in my leave to remain.


 


I was trying to appeal a refusal for leave to remain as a student and instead of reinstating the leave to remain as a student, instead they gave me discreationary leave.


 


Thanks Tom

Expert:  Thomas replied 2 years ago.
Hi,

If you applied before your then current leave to remain expired then it will not count as a break in your continuous stay in the UK.

However, if your then leave to remain expired and the application you made was when you did not have leave to remain then it will count as a break in your leave to remain.

Kind regards,

Tom

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