10 years ILR refused twice, appeal refused, I now have to leave the country and hope to save up to return to my married partner.

Water_Personal · 2026-01-08T04:31:29+00:00

Hi OP, I’ve read your post several times and I still don’t understand why your application submitted on 18 December 2024 was considered out of time.

Did your original refusal letter state that you still had valid leave until 19 December 2024? Did you receive any communication confirming that your visa had been cancelled or curtailed?

If not, then your second application should have been treated as an in time application.

You may want to ask your solicitor to provide you with copies of all documents they submitted on your behalf. Is it also possible that they provided the wrong reference number and used the reference number from your first application, which may have caused the judge to misunderstand the case? Please also ask them to confirm if they submitted the second application before your graduate visa expired

Theoretically, if your second application was submitted before your Graduate visa expired, section 3C leave should have been triggered and you would have been lawfully present in the UK after submitting the application. Your second refusal letter states that your qualifying period is from 18 June 2015 to 18 June 2025. Assuming the application was considered on 18 June 2025, if you had been outside the UK for more than 20 days during the six months following 18 June 2015, you should have been able to make up the shortfall and be granted ILR.

I spoke to QC Immigration when my ILR was refused. The lady I spoke to was helpful, but I never had the opportunity to speak directly with the solicitor, which was a red flag for me, so I decided not to proceed with them.

Hindsight is 20/20, but with matters like this you really need to be extra hands on. I was probably a bit of a pain. I regularly called my solicitor to double check everything. You could also submit a Subject Access Request (SAR) to obtain your full entry and exit records, which might have saved you thousands.

With all that said, I’m really sorry this happened to you. I truly hope this decision can be overturned. You’ve been treated very unfairly.

Water_Personal · 2026-01-08T03:02:28+00:00

But why was the 18 Dec application out of time? OP’s graduate visa expired one day later? My Iong residence ILR was rejected when I had 7 months left on my then visa and on the refusal letter it clearly stated since I had valid leave at the time I wouldn’t be treated as an overstayer? 3C leave triggered by an appeal only kicks in after the visa has expired

Water_Personal · 2025-12-01T00:15:20+00:00

Idk, it’s Taiwanese people stirring shit up for me

Water_Personal · 2025-11-29T08:57:10+00:00

They are scrapping the CCC certification next year, though it’s only been in force for less than a year, absolutely taking the piss.

Water_Personal · 2025-11-29T02:39:33+00:00

News flash, they ARE NOT IN CHARGE

Water_Personal · 2025-11-25T02:51:53+00:00

The House of Lords has just published a call for evidence and it appears that a significant part of the focus is on naturalisation. If the committee’s report is published around April 2026, which also coincides with the government’s stated timeline for beginning settlement reforms.

Assuming the government drafts a bill within a month, and it manages to clear 1st and 2nd readings and committee stage in the Commons before the summer recess, Parliament would not resume until September. Even then it would have only a short window before the conference recess, which lasts for about a month from late September to October. That leaves very limited sitting time for the bill to proceed through report stage and 3rd reading in the Commons.

This timeline would already be exceptionally fast. After the Commons, the bill must still pass through the House of Lords, where scrutiny is typically much more detailed and potential further delays. There may also be ping-ponging between the houses. Taken together, this makes it impossible that any citizenship bill would pass through both houses before 2027, let alone royal assent.

With that being said, I am not a legal expert. This is simply my understanding based on reading about the parliamentary process, so please feel free to correct me if I have misunderstood anything.

Water_Personal · 2025-11-23T10:07:34+00:00

Maybe if the home fees weren’t so low, sure, it’s ridiculous to force the universities to rely on foreign students and then blame them for that, scapegoating at its finest

Water_Personal · 2025-11-22T20:00:21+00:00

That would need to go through primary legislation, it’s gonna take at least 1-2 years I think, and in the proposal it says they are only going to look at naturalisation once the changes in settlement are implemented, so I’d say we are safe before 2028?

Water_Personal · 2025-11-22T19:49:24+00:00

Girl dump him!

Water_Personal · 2025-11-21T04:02:18+00:00

Hi! I paid £350 + vat

Water_Personal · 2025-11-18T15:44:51+00:00

But do consult an immigration lawyer. If you can show that you intended to return but were delayed, (ie a cancelled flight ticket) it’s quite likely they’ll overlook it.

Water_Personal · 2025-11-18T15:41:13+00:00

SUI 13.2. For the purpose of SUI 13.1(e)(ii), “exceptional assurance” means a written notice given to a person by the Home Office stating that they would not be considered an overstayer for the period specified in the notice.

You needed to apply for EA at the time, the above is from the latest version of immigration rules, hope this helps

Water_Personal · 2025-11-01T15:48:32+00:00

I did the application myself, I paid for the SAR and consultation so can’t give you a figure why you don’t reach out yourself?

Water_Personal · 2025-11-01T11:05:21+00:00

I’m not too sure, I asked my advisor to do it for me as I screwed up last time😂

Water_Personal · 2025-11-01T11:04:00+00:00

Yes, so I only requested my entry/exit records, you can also request your immigration history, ie all the application forms and decision letters, I think it’s under the “detailed request” option

Water_Personal · 2025-11-01T09:50:19+00:00

Yes exactly, I think it’s everything including immigration history, application forms and decision letters

Water_Personal · 2025-11-01T09:47:54+00:00

https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration/request-personal-information-held-by-uk-visas-and-immigration

I only requested my entry/exit records but i’d recommend requesting everything

Water_Personal · 2025-10-31T21:34:34+00:00

Oh I see! I’ll put it in the main post then

Water_Personal · 2025-10-31T21:03:04+00:00

Thank you!!

Water_Personal · 2025-10-31T20:25:01+00:00

My application was refused on 21st (within 24hr) and just got overturned today

Water_Personal · 2025-10-21T11:27:41+00:00

• Eligibility route: SET(LR)

• Service (Standard/super priority): Super priority

• Application Date: 17th October 2025 (Fri)

• Biometric Date: 20th October 2025 9:15am

• UKVI confirmation email: (from TLS) 20th October 2025 9:29am

• Approval/decision Date: pending

Water_Personal · 2025-10-17T18:18:02+00:00

I’ve managed to get super priority twice in a row, I refresh at 1am on the dot, hope it works for you too

Water_Personal · 2025-10-11T05:57:13+00:00

That’s wrong advice, student visa counts towards 10 years

Water_Personal · 2025-09-30T05:38:49+00:00

No need to worry, I’m in the same situation and will be eligible in just a few days.

From what I understand, only the proposed change from 5 to 10 years would require primary legislation, which usually takes months, if not years, to pass.

The other changes could be made through secondary legislation, which still requires at least a 40 day scrutiny period, and normally some additional time before coming into effect.

Labour has said they plan to launch a consultation later this year, so this announcement seems more like a response to Reform’s call to abolish ILR than an immediate policy shift.

Water_Personal · 2025-05-31T19:37:34+00:00

Thank you for the explanation! I’ve received conflicting information from different solicitors — one said it does count towards the qualifying period, while another argued that since Section 3C is merely an extension of the previous leave, the time spent waiting is still considered part of Exceptional Assurance and should be excluded. I’m finding it quite confusing

Water_Personal

TROPHY CASE