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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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HiI came to the UK in April 2007, I have been legally here

Customer Question

Hi
I came to the UK in April 2007, I have been legally here in the UK since then. At the moment I have working visa which is going to expired in March 2017. If I am not gonna exceed the 18 month of being allowed to be out of the UK, I was going to ask you where I am will be able to apply for long residence (10 years).
I would prefer to hire you guys to give me help in this process please.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Dear Nicola

Thanks for your reply and I can wait for a bit longer as well.

Having looked at my first email, I released the question I have asked is not very clear. For further clarification, in short, the concern I got is that my UK visa will be expired in 16th of march 2017,therefore, I will be 27-28 days in short to complete my 10 years. However I might have a valid visa to apply for indefinite remain to leave 28 days in advance.

The question I wanted to ask if I could be alright for applying for this kind of visa in 16 of March 2017.

Thanks

Sincerely

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you confirm what date you entered the UK and what date does your visa expire?
Kind regards
Customer: replied 2 years ago.

Hi

Thanks very much for your response, my entrance data is 14/April/2007 and my current visa is going to expire in 16/Mar/2017.

Sincerely

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply. I apologise for not reverting back to you earlier.
There is a risk of course with you applying 28 days prior to having completed the 10 years long residency. What the rules state is that you must have 10 complete years residency in the uk and have not overstayed in the uk save for one gap of less than 28 days.
It is unfortunate that you are in this predicament. Ideally I would recommend that you apply for further leave to remain in March 2017 and then once you have been issued with a visa, then you will be able to apply for indefinite leave to remain the same day your visa is issued if you wished to.
Usually individuals who apply 28 days prior to completing 10 years have there visa for those 28 days to complete the 10 years, in your case you would not have the visa taking you to April 2017.
In your case I would recommend that you can either apply for an extension in March 2017 if possible, or if this is not possible, apply for extension of stay on the basis of human rights and if this is rejected, then you can appeal and include the fact that you have now completed 10 years in the uk and would like the judge to make a decision on this basis. I have had a few clients do this and they were issued with indefinite leave to remain upon appeal.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

Hi


 


First of all thanks very much for your very precise complete answer. Previously I contacted with a few of your other colleagues and neither of them gave me such a specific answer you have given, so I appreciated that. There is a few unclear points that I would like to ask you regarding this matter:


 


As you have pointed out correctly, I am 28 in short to complete my 10 year legal staying in the UK, but considering the fact that I can overstay in the UK for 28 days, could it be possible to compromise my 28 in short with this 28 of legal over staying.


Secondly, could you a bit elaborate what you exactly mean "basis of human rights", what sort of options I could have.


Lastly, when time comes to apply for indefinite remain to leave, do you recommend me to take a lawyer, if you do, could you tell me an approximate cost of taking lawyer please. And if it is possible to recommend me a lawyer who is expertise in this matter and based in Edinburgh.


 


Sincerely

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