Indefinite Leave To Remain

10-Year Long Residency Granted for A Peruvian National

By Amer Zaman

on April 22, 2022

The Context

Our client had been residing in the UK continuously for 10 years. This legal residency was made up of mostly visas under the Tier 4 Student visa category and most recently, as the Unmarried Partner of a British Citizen. In total, our client had spent around seven years in the UK with a Student visa and the last three years on the Unmarried Partner visa. It was open to him to continue on the five-year route under the Unmarried Partner visa, but this would mean he was still required to remain in the UK on a limited leave basis.

Our client instructed us in the hope that we could help him make sense of the process of applying for indefinite leave to remain on the basis of his long residency while holding valid leave to remain for a further two years. He did not want to jeopardise his current visa by applying for indefinite leave to remain.

Our client found the complexity of the application process and the details difficult to understand, and turned to our team to help him present his case to the Home Office in the hope that he would be granted indefinite leave to remain in the UK.

How We Assisted

The first requirement that had to be met was to prove our client had remained legally in the UK for 10 years continuously. We were able to guide our client in defining what lawful residence meant as defined in paragraph 276A of the Immigration Rules. Our client entered the UK on a Student visa to complete an undergraduate course in Engineering, and then gained further leave to complete his Masters in the UK. When extending his leave, he had his application initially refused due to an admin error in the issuing of the Certificate of Sponsorship. He appealed against the decision and was successful. He was concerned that the period when his appeal was under consideration would not be counted towards his continuous residence as he did not have a visa at that time. Our team reassured him that under s.3C of the Immigration Act 1971, his appeal to the First-tier Tribunal extended his previous leave until he was granted his extension.

Our client worked hard to collate documents that proved and supported that there were no reasons why it would be undesirable for our client to be granted indefinite leave to remain in the UK. We were able to confidently advise our client that his application and the supporting documentation provided a strong argument for allowing him to be granted indefinite leave to remain.

The Outcome

We were happy to inform our client that his application for indefinite leave to remain was successful and approved by the Home Office. He was delighted with the outcome and stated that our service was “unlike any other that he had experienced”.

Cranbrook Legal is always on hand to provide relevant advice to clients so that they can achieve their immigration objectives here in the United Kingdom. Contact Cranbrook Legal today to discuss how we can help you achieve indefinite leave to remain in the UK.

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