1. As held in AS (Afghanistan) and NV (Sri Lanka) [2010] EWCA Civ 1076, there is no time limit on serving a Statement of Additional Grounds in response to a ‘section 120 notice’. Thus, an appellant may accrue ten years’ lawful leave (including leave extended by section 3C of the 1971 Act) while his appeal is pending. The Tribunal may then be asked to decide whether the appellant qualifies for indefinite leave under the Long Residence Rule.
2. An application cannot be made under the Long Residence Rule for only limited leave to remain. Two years’ leave may be granted under paragraphs 276A1-4, but only to people who have applied for indefinite leave, and who are ineligible for it solely because their knowledge of English or of life in the UK is not good enough.
Citations:
[2010] UKUT 442 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 26 November 2022; Ref: scu.444066
