Long Residency Rejected

Hi,

I am 18 and just finished A-Levels. I am have American citizenship and moved to the UK with my father in November 2009 when I was 3 years old. My mother stayed in the USA as they were getting divorced. As part of the divorce fights a court ruling (August 2018) ordered that I stay with my father in the UK. After that is took another 5 (April 2023) for the home office to normalise my stay in the UK with a limited leave to remain till end of 2025.

Looking at prior cases as minor and the in light of the court judgement, I believe my residency should at least have been consider to have started August 2018 with the court order.

Any thoughts and advice please?

Thanks,

Reply 1

Claire SFE

Official Rep

Original post

by pngwerume

Hi,
I am 18 and just finished A-Levels. I am have American citizenship and moved to the UK with my father in November 2009 when I was 3 years old. My mother stayed in the USA as they were getting divorced. As part of the divorce fights a court ruling (August 2018) ordered that I stay with my father in the UK. After that is took another 5 (April 2023) for the home office to normalise my stay in the UK with a limited leave to remain till end of 2025.
Looking at prior cases as minor and the in light of the court judgement, I believe my residency should at least have been consider to have started August 2018 with the court order.
Any thoughts and advice please?
Thanks,

Hi there,

If you have applied for long residency and this has been rejected, if you believe this is incorrect you can appeal the decision. You can find the details on appeals here https://www.gov.uk/guidance/appeals-procedure

Thanks,
Claire

Reply 2

pngwerume

Original post

by Claire SFE

Hi there,
If you have applied for long residency and this has been rejected, if you believe this is incorrect you can appeal the decision. You can find the details on appeals here https://www.gov.uk/guidance/appeals-procedure
Thanks,
Claire

Thank you. I will do that.

I want to think that from the court judgement, I was legally resident in the UK besides the fact that I still needed to get documentation through the home office. Even with the court order in place, it took 3 attempts with the home office.

Reply 3

Leah SLC

Official Rep

Hi there. For long residency, it applies to students who, on the first day of the first academic year (AY) of their course, are:

•

under 18 years of age and have lived in the UK for at least 7 years OR

•

aged 18 years of age or above and have lived in the UK for at least half their life or 20 years (whichever is the least) without a break in residency.

•

be ordinarily resident in England on the first day of the first AY of their course

If you have any questions regarding evidence please let us know. Thanks, Leah.

Reply 4

pngwerume

Original post

by Leah SLC

Hi there. For long residency, it applies to students who, on the first day of the first academic year (AY) of their course, are:

•

under 18 years of age and have lived in the UK for at least 7 years OR

•

aged 18 years of age or above and have lived in the UK for at least half their life or 20 years (whichever is the least) without a break in residency.

•

be ordinarily resident in England on the first day of the first AY of their course
If you have any questions regarding evidence please let us know. Thanks, Leah.

Thanks for the reply.

I have sent and appeal email.

Reply 5

Leah SLC

Official Rep

No problem. If you have any further questions let us know 🙂 Thanks, Leah.

Reply 6

pngwerume

Hi all,

I am coming back with good news and to say "Thank you". I appealed and they asked for more evidence ... this afternoon they emailed to say the assessment has been approved and will be funded.

Thank you once more,
P. Ngwerume

Reply 7