I want to apply application of 10 years long residence but I overstayed for nearly about 20 months because I didn't get right of appeal on flr application and applied JR which is also refused for permission to COA. I will be 10 years in uk on June 2017. I am living with my wife and 18 month old child (born in UK) under reporting. Can you please advise me if there is any possibility?
Areas of Expertise:
Thank you for your question.
If you have been residing in the UK lawfully and continuously for ten years or more, you can apply for indefinite leave to remain, provided you meet the other relevant criteria. This includes:
-been in the UK legally for 10 years (known as your ‘continuous residence’)
-kept to the terms of your UK Visa
-there is no evidence to suggest that granting indefinite leave to remain would contravene the public good. -Immigration officials will take into account the applicant’s age, ties to the UK, domestic living arrangements and compassionate circumstances
-you do not have any unspent convictions as defined in the Rehabilitation of Offenders Act 1974
If you’re aged 18 to 65 years old, you must also:
-pass the Life in the UK Test
-prove you have sufficient English language skills
We would need to get more information about your situation and previous Judicial Review application to help you. Someone will be in touch with you shortly to discuss.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Posted on Tuesday, 07 February, 2017