Indefinite Leave to Remain on the Basis of 10 Years Lawful Residence Including Time Spent on Temporary Admission As An Aylum Seeker (Granted)

We recently acted for a client, a Nepalese national. He came to UK in 2010 as a student and later on claimed asylum while he still had a student visa. He was granted refugee status for 5 years in 2017. He could apply for ILR in 2022 on completion of 5 years refugee status but in 2020 he had also completed 10 years of lawful stay in the UK.

As a matter of fact and law, anybody who claims asylum at a time when they have any kind of visa or leave to remain their visa or leave to remain continues until their

asylum application is decided and so their stay in the UK is considered lawful as long as during the asylum application process they comply with the reporting requirements. Our client had complied with the reporting requirements.

He was however worried in relation to his exact reporting record, he had to pay large Home Office fee for ILR application and he wanted to be confident that he would get ILR.

Before making his application for indefinite leave to remain we sent various letters to the Home Office to obtain confirmation that our client had been complying with the reporting requirements during the process of his asylum application.

The Home Office only provided general information in the beginning and so we had to issue a pre-action protocol letter (also known as letter before claim) in which we warned the Home Office to provide us the relevant information or that we will issue judicial review proceedings for their failure to provide the information. The Home Office then provided us the relevant information confirming that from the date of our client’s asylum application until he was granted asylum he had complied with the reporting requirements.

This gave reassurance and confidence to our client as he was now certain that his application for ILR on the basis of 10 years lawful residence was bound to succeed.

His ILR application was then made using the super priority service and in less than 24 hours we received the decision from the Home Office granting indefinite leave to remain to our client.

The client was extremely pleased with our service and outcome of his application and expressed his gratitude in his Google review in the following words:

Best solicitor in Southall. I’m very impressed with Mr. Amir’s work with my immigration matter, I was looking for solicitor In southall for my ILR process on 10 years route basis having different status and was very confusing so I come across with Aden & Co solicitors google and went through the reviews like we all do beforehand. I met Amir and he’s the best person to get help and advise. He makes you feel really safe and pay attention to every detail with your immigration history before applying no matter how complex it is. I got my ILR straightaway and was very happy. I’m really thankful for his hard work and patience with my case. I will always recommend him to everyone I know for any immigration Issues. THANK YOU Amir and keep up the good work!!