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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi Tom.... I have a friend and her son that have been in the

Resolved Question:

Hi Tom.... I have a friend and her son that have been in the UK for 14years. Over the years, she and her son have managed to obtain a limited time to remain in the UK permit. However, every time they try to apply for a indefinite leave to remain in the UK their application gets rejected and their limited permit renewed. is she and her son entitled to apply for indefinite leave or a British passport. she and her son entered the country 3 days before the year 2000.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Where was the son born?

On what basis have they obtained leave to remain?

Kind regards.

Tom
Customer: replied 3 years ago.

Hi tom....the son was born in Ecuador. Both came to the UK when the son was 10. the son was very ill, so they came here to treat his illness, so i guess it was under humanitarian rights. the son is now 23 and although his not ill anymore, he still has regular checkups at the hospital as there is a chance of his illness coming back. through out their years living in the UK they have not received any help from the government and therefore have been fending for themselves

Expert:  Thomas replied 3 years ago.
Okay.

What did they obtain their first legal leave to remain?

Were there any gaps in leave to remain since it was first granted to today?

When was the last time that they applied for ILR?

Kind regards,


Tom
Customer: replied 3 years ago.

their first legal leave to remain was under humanitarian rights and that is what they have kept on appealing on. there was about a three years gap before it was granted. the son will have to renew his permit this year october but he wants to apply for indefinite leave

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your patience.

If the leave to remain was granted on a discretionary basis, as it sounds like this was, then it does not carry with it any category-specific right to apply for indefinite leave to remain.

Therefore, persons who have this form of leave must carry on renewing the leave to remain until they have an unbroken chain of leave to remain which is 10 years long. Once they have this 10 years of leave to remain they can attempt to apply for ILR on the basis for long residence, for which the limit is ten years.

If they have 10 years leave to remain with no gaps and were able to prove this with documentary evidence then they should obtain ILR on this basis.

If they have already applied on the basis of 10 years leave to remain then there must be some other reason for why it was not granted. If they were not able to prove the 10 years residence with sufficient documentary evidence they this might be a reason why.

If they have not applied for ILR since they reached the ten years of leave to remain then this is what they should do now and provided there are no gaps and they are able to prove the chain of leave to remain and that they have been here in the UK with only limited time outside the UK then they should be successful.

Kind regards,


Tom
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