10 years long residence applications

[shahjee1234]

Hi guys
I need your help. It's now 10 years since I have been leaving in UK but I have an appeal with the UPPER tribunal for my entrepreneur visa which I am waiting to hear from them. But my question is can I withdrawal the appeal and put in a new application for my indefinite leave to remain? And if so since the home office have my passport and the copies of my passport that I have do not clearly show the dates of when I was out of the country and returned although I know all together they're less than 190 days for 10 years that I have been in Uk.
I have spoken to my lawyer and he says the new rules does not allow you to put in a new application while you have a pending appeal is this true? Please help

Hi Wandali,
I think your solicitor is true, while you have a pending application you cannot apply for the new application, the only way you can do is you have to withdraw the current pending application and then apply the new one. But if you do this, Home Office may consider that you have lost the continous live in this country and they may reject your application...

May be some senior gurs might be able to give you better opinion...

Hi Wandali,
I fully agree with ILR102014, if you have a pending appeal you can't apply a new application during that time, or vary the grounds of your initial application. The only way is to withdraw and apply a new application on SET(LR), but mind it that as ILR102014 rightly pointed out you don't want your long residency be put at stake while you are going through the process of with drawl of your appeal, so please make sure that your 10 years are complete in the country and as soon as you with draw your appeal, you apply for you SET(LR), and you already have your claim for a 10 years long residency in the country, and nothing will take it away from you. Even if you than want to wait for the out come of the appeal process or want to with draw it, that is up to you, but your claim of 10 years long legal residency stands, and at least you have an arguable case.
All the best mate.
Kind regards
Shahjee

[Elah 60]

Hi Gurus,

I would really appreciate if some one can give me some clarity on the below:

My husband received his ILR on 20th April'14 based on 10 years residency. He previously had Tier 1 general and i was on PBS dependent visa since April 2011. I now need to apply for FLR(M) first but i want to know if i can apply for ILR straight after i get my Flrm.

Its been said by home office representatives and some solicitors that after 6th April if someone applies for FRLM they cant apply for ILR as the previous time they have spend will no longer count under the new rules which are instated from 6th April'14 and they will have to wait another 5 years.

On this forum I have read that some people got to apply for flrm as well as ILR both after the 6th April based on old rules. Can i get some clarity on this matter ..what is the truth out of the two ... this will really help us as we can decide whether to apply for a same day FLRM if going for ILR is an option ,otherwise we would probably apply for FRLM via post.

Also its a shame that having spent 3 years suddenly you are told that this time period would not count anymore. Under previous rules as i came before July 2012 i could have applied for ILR straight after my husband got his.

Thanks a lot in advance
Elah

[kalps999]

Hi All,

Hurray!!!!!!. Party time. I got my approval letter today from my solicitor dated 02.05.2014. I would like to take this opportunity to thank everyone on this wonderful forum.

Wish you all the best to all those waiting.

Thanks,
kalps

[raihankhandaker]

Congratulations. Give us your timeline. Thanks

[raihankhandaker]

Hi All,

Hurray!!!!!!. Party time. I got my approval letter today from my solicitor dated 02.05.2014. I would like to take this opportunity to thank everyone on this wonderful forum.

Wish you all the best to all those waiting.

Thanks,
kalps

Congratulations. Give us ur timeline. Thanks

[March_LR14]

Hi All,

Hurray!!!!!!. Party time. I got my approval letter today from my solicitor dated 02.05.2014. I would like to take this opportunity to thank everyone on this wonderful forum.

Wish you all the best to all those waiting.

Thanks,
kalps

Many Congratulations kalps999 and good luck for the future.

[shabiumer]

Congrats Kapl999 for ILR. Every one is curious for your timeline so I thought I should put it here for you...
Application date : 29/01/2014
Acknowledgment letter : 04/02/2014
Bio enrol letter : 19/02/2014
Bio done : 28/02/2014
Approval: 2/5/14
Received: 6/5/14

[Abdoul1979]

Here my timeline ,thanks for the assistance on here
Application sent: 05/02/2014
Application acknowledge : 10/02/2014
Biometric letter : 24/02/2014
Biometric register : 27/02/2014
Approval : waiting waiting come on HO

Please add my timeline on the set(LR) timeline 2014

[NasirNNN]

Hi everyone

I sent my wife FLR(M) application 0n 04/04/14.I request home office to hold her application until my application for ILR(LR) is decided.We didn't receive bio invitation for my wife FLR(M) do some body know the number to call for bio invitation.

Kind Regards

[shahjee1234]

Hi Gurus,

I would really appreciate if some one can give me some clarity on the below:

My husband received his ILR on 20th April'14 based on 10 years residency. He previously had Tier 1 general and i was on PBS dependent visa since April 2011. I now need to apply for FLR(M) first but i want to know if i can apply for ILR straight after i get my Flrm.

Its been said by home office representatives and some solicitors that after 6th April if someone applies for FRLM they cant apply for ILR as the previous time they have spend will no longer count under the new rules which are instated from 6th April'14 and they will have to wait another 5 years.

On this forum I have read that some people got to apply for flrm as well as ILR both after the 6th April based on old rules. Can i get some clarity on this matter ..what is the truth out of the two ... this will really help us as we can decide whether to apply for a same day FLRM if going for ILR is an option ,otherwise we would probably apply for FRLM via post.

Also its a shame that having spent 3 years suddenly you are told that this time period would not count anymore. Under previous rules as i came before July 2012 i could have applied for ILR straight after my husband got his.

Thanks a lot in advance
Elah

Hi Elah,
In my opinion you can apply ILR immediately after you get your FLR(M), the recent changes in rules after the 06th of April 2014, has stopped dependants applying for the ILR straight away, now they have to switch to the dependants of a settled person through applying FLR(M) first and than they apply for ILR through SET(M).
In your case as you were already on the PBS dependant status prior to 09th July 2012, hence you are still covered by the transitional arrangement under Part 8 of the immigration rules, and you can still combine your time spend as a PBS dependant and time spend as a dependant of a settled person, and the total time to qualify for that is 2 years, which in your case you have already spend, so you are eligible to apply ILR on SET(M) immediately after your FLR(M).
All the best with your future application.
Kind regards
Shahjee

[NasirNNN]

Hi can somebody reply plz

I sent my wife FLR(M) application 0n 04/04/14.I request home office to hold her application until my application for ILR(LR) is decided.We didn't receive bio invitation for my wife FLR(M) do some body know the Home Office number to call for bio invitation.

Kind Regards

[NasirNNN]

Hi All,

Hurray!!!!!!. Party time. I got my approval letter today from my solicitor dated 02.05.2014. I would like to take this opportunity to thank everyone on this wonderful forum.

Wish you all the best to all those waiting.

Thanks,
kalps

Congrats and best luck for future

[Hardikjshah83]

Hi guys
I need your help. It's now 10 years since I have been leaving in UK but I have an appeal with the UPPER tribunal for my entrepreneur visa which I am waiting to hear from them. But my question is can I withdrawal the appeal and put in a new application for my indefinite leave to remain? And if so since the home office have my passport and the copies of my passport that I have do not clearly show the dates of when I was out of the country and returned although I know all together they're less than 190 days for 10 years that I have been in Uk.
I have spoken to my lawyer and he says the new rules does not allow you to put in a new application while you have a pending appeal is this true? Please help

Hi - i was in the same situation i had appeal pending while i finished my 10 year there are Section 3(c) and section 3(D) of immigraiton act under which you can withdraw your appeal and apply for 10 yrs via SET(LR) on the same day,

check this HO document which helped me a lot - specially page 12.

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

it suggests that when you withdraw your appeal(best way to withdraw is fax) and make a fresh applicaiton - even on the same day your new applicaiton is classed as out of time, however our period is still covered under Section 3C of immigraiton rule. I have done the same and should have my result in a week or 2.

if your hearing is in near future then i would suggest you to wait for your hearing and put an additonal grounds on your hearing that you have completed 10 years in the county - in case your appeal is refused you can still apply for SET(LR) however sometime judges do ask HO to consider 10 yrs too.

when i had applied in January my appeal's hearing was 7-8 months after hence i didnt wait, otherwise I would have been waiting for longer.

also - on this forum i have read about ppl who waited for hearing before applying 10 yrs ILR, and also seen posts about ppl who have withdrawn appeal and then applied 10 yr ILR to save time - like me

regarding your doucments - you may want to request your SAR file - which may cover the informaiton you want. do you not have a copy of your passport?

[HowILR]

hi all flr(m),

has any one got good news who applied flr(m) before 6th April ........

Don't know why i sent my wife flr(m) before 6th of april as i could get flr(m) by PEO then direct set(m) now in my hand as nothing changed for people who came before july 2012....

[KashRIz]

Hi Nasir,

I did the same and I received BIO invitation after a week. I think you better give them a call. Have u received you ILR result??

Hi can somebody reply plz

I sent my wife FLR(M) application 0n 04/04/14.I request home office to hold her application until my application for ILR(LR) is decided.We didn't receive bio invitation for my wife FLR(M) do some body know the Home Office number to call for bio invitation.

Kind Regards

[ma14]

i applied on 1 feb and didn't receive anything yet we are worried now. last 9 months we are on 3c & 3d.

[NasirNNN]

[quote="KashRIz"]Hi Nasir,

I did the same and I received BIO invitation after a week. I think you better give them a call. Have u received you ILR result??

[quote="NasirNNN"]Hi can somebody reply plz

I sent my wife FLR(M) application 0n 04/04/14.I request home office to hold her application until my application for ILR(LR) is decided.We didn't receive bio invitation for my wife FLR(M) do some body know the Home Office number to call for bio invitation.

Hi h r u ?good to see you back i thought you are on world tour after 10 years of stress.

My application is pending i applied on 17/3/14. Do u know home office no to call for bio invitation not received

Kind Regards

[wandali]

[quote="ILR102014"][quote="wandali"]Hi guys
I need your help. It's now 10 years since I have been leaving in UK but I have an appeal with the UPPER tribunal for my entrepreneur visa which I am waiting to hear from them. But my question is can I withdrawal the appeal and put in a new application for my indefinite leave to remain? And if so since the home office have my passport and the copies of my passport that I have do not clearly show the dates of when I was out of the country and returned although I know all together they're less than 190 days for 10 years that I have been in Uk.
I have spoken to my lawyer and he says the new rules does not allow you to put in a new application while you have a pending appeal is this true? Please help[/quote]

Hi Wandali,
I think your solicitor is true, while you have a pending application you cannot apply for the new application, the only way you can do is you have to withdraw the current pending application and then apply the new one. But if you do this, Home Office may consider that you have lost the continous live in this country and they may reject your application...

May be some senior gurs might be able to give you better opinion...[/quote]

[quote="ILR102014"]
Thanks for getting back to me. So what do you think I should do cause if I withdraw the pending application the Home office may consider that I have lost the continous live in this country and they may reject my application?

[march_ilr]

Hi!
I am new in this forum. I have applied for ilr on 10 years long residence route in march . Is there any statistics anywhere that gives a possible suggestion on when i may receive my ilr?

I've also heard that my wife will not be able to apply for set M straight after her FLR M approval even though she is living with me for last seven years (she last got her visa extension as a student dependant under tier-4 in november, 2011). If this is true, Would anyone be kind enough to show me a source (a link possibly) on this new rules? Many thanks.

[wandali]

[quote="shahjee1234"][quote="ILR102014"][quote="wandali"]Hi guys
I need your help. It's now 10 years since I have been leaving in UK but I have an appeal with the UPPER tribunal for my entrepreneur visa which I am waiting to hear from them. But my question is can I withdrawal the appeal and put in a new application for my indefinite leave to remain? And if so since the home office have my passport and the copies of my passport that I have do not clearly show the dates of when I was out of the country and returned although I know all together they're less than 190 days for 10 years that I have been in Uk.
I have spoken to my lawyer and he says the new rules does not allow you to put in a new application while you have a pending appeal is this true? Please help[/quote]

Hi Wandali,
I think your solicitor is true, while you have a pending application you cannot apply for the new application, the only way you can do is you have to withdraw the current pending application and then apply the new one. But if you do this, Home Office may consider that you have lost the continous live in this country and they may reject your application...

May be some senior gurs might be able to give you better opinion...[/quote]

[color=#0040FF]Hi Wandali,
I fully agree with ILR102014, if you have a pending appeal you can't apply a new application during that time, or vary the grounds of your initial application. The only way is to withdraw and apply a new application on SET(LR), but mind it that as ILR102014 rightly pointed out you don't want your long residency be put at stake while you are going through the process of with drawl of your appeal, so please make sure that your 10 years are complete in the country and as soon as you with draw your appeal, you apply for you SET(LR), and you already have your claim for a 10 years long residency in the country, and nothing will take it away from you. Even if you than want to wait for the out come of the appeal process or want to with draw it, that is up to you, but your claim of 10 years long legal residency stands, and at least you have an arguable case.
All the best mate.
Kind regards
[b]Shahjee[/b] [/color][/quote]

[quote="shahjee1234"]
Thanks for the reply. My 10 year are complete since 24th April so does that mean I can withdraw the previous appeal and apply for the SET (LR) and will this affect my long residency application?

[NasirNNN]

Hi!
I am new in this forum. I have applied for ilr on 10 years long residence route in march . Is there any statistics anywhere that gives a possible suggestion on when i may receive my ilr?

I've also heard that my wife will not be able to apply for set M straight after her FLR M approval even though she is living with me for last seven years (she last got her visa extension as a student dependant under tier-4 in november, 2011). If this is true, Would anyone be kind enough to show me a source (a link possibly) on this new rules? Many thanks.

Hi

here is link where members post there timeline can you enter your details as well.




As far as ur wife SET(M) is concern she can apply after she get her FLR(M) if she is in UK as ur dependent before 7 july 2012. That's what i figured out from discussion in this forum any senior member can give more details about that.

Kind Regards

[wandali]

[quote="Hardikjshah83"][quote="wandali"]Hi guys
I need your help. It's now 10 years since I have been leaving in UK but I have an appeal with the UPPER tribunal for my entrepreneur visa which I am waiting to hear from them. But my question is can I withdrawal the appeal and put in a new application for my indefinite leave to remain? And if so since the home office have my passport and the copies of my passport that I have do not clearly show the dates of when I was out of the country and returned although I know all together they're less than 190 days for 10 years that I have been in Uk.
I have spoken to my lawyer and he says the new rules does not allow you to put in a new application while you have a pending appeal is this true? Please help[/quote]

Hi - i was in the same situation i had appeal pending while i finished my 10 year there are Section 3(c) and section 3(D) of immigraiton act under which you can withdraw your appeal and apply for 10 yrs via SET(LR) on the same day,

check this HO document which helped me a lot - specially page 12.

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

it suggests that when you withdraw your appeal(best way to withdraw is fax) and make a fresh applicaiton - even on the same day your new applicaiton is classed as out of time, however our period is still covered under Section 3C of immigraiton rule. I have done the same and should have my result in a week or 2.

if your hearing is in near future then i would suggest you to wait for your hearing and put an additonal grounds on your hearing that you have completed 10 years in the county - in case your appeal is refused you can still apply for SET(LR) however sometime judges do ask HO to consider 10 yrs too.

when i had applied in January my appeal's hearing was 7-8 months after hence i didnt wait, otherwise I would have been waiting for longer.

also - on this forum i have read about ppl who waited for hearing before applying 10 yrs ILR, and also seen posts about ppl who have withdrawn appeal and then applied 10 yr ILR to save time - like me

regarding your doucments - you may want to request your SAR file - which may cover the informaiton you want. do you not have a copy of your passport?[/quote]

[quote="Hardikjshah83"]
Hi "Hardikjshah83" thanks for a quick reply. I guess I will withdrawal the appeal and put in a new application. From my passport the stamp dates are not very clear so I am a bit stuck on what I should do there.

[shahjee1234]

Hi guys
I need your help. It's now 10 years since I have been leaving in UK but I have an appeal with the UPPER tribunal for my entrepreneur visa which I am waiting to hear from them. But my question is can I withdrawal the appeal and put in a new application for my indefinite leave to remain? And if so since the home office have my passport and the copies of my passport that I have do not clearly show the dates of when I was out of the country and returned although I know all together they're less than 190 days for 10 years that I have been in Uk.
I have spoken to my lawyer and he says the new rules does not allow you to put in a new application while you have a pending appeal is this true? Please help

Hi - i was in the same situation i had appeal pending while i finished my 10 year there are Section 3(c) and section 3(D) of immigraiton act under which you can withdraw your appeal and apply for 10 yrs via SET(LR) on the same day,

check this HO document which helped me a lot - specially page 12.

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

it suggests that when you withdraw your appeal(best way to withdraw is fax) and make a fresh applicaiton - even on the same day your new applicaiton is classed as out of time, however our period is still covered under Section 3C of immigraiton rule. I have done the same and should have my result in a week or 2.

if your hearing is in near future then i would suggest you to wait for your hearing and put an additonal grounds on your hearing that you have completed 10 years in the county - in case your appeal is refused you can still apply for SET(LR) however sometime judges do ask HO to consider 10 yrs too.

when i had applied in January my appeal's hearing was 7-8 months after hence i didnt wait, otherwise I would have been waiting for longer.

also - on this forum i have read about ppl who waited for hearing before applying 10 yrs ILR, and also seen posts about ppl who have withdrawn appeal and then applied 10 yr ILR to save time - like me

regarding your doucments - you may want to request your SAR file - which may cover the informaiton you want. do you not have a copy of your passport?

Hi "Hardikjshah83" thanks for a quick reply. I guess I will withdrawal the appeal and put in a new application. From my passport the stamp dates are not very clear so I am a bit stuck on what I should do there.

Hi Wandali,
Hardikjshah83 has very kindly given you a very detailed information about his case, which is pretty similar to what your case is, I would follow him and with draw through fax, and apply SET(LR) on the same day, which means there are no gaps.
Regards to the dates on your passports, an SAR would have helped, but obviously you should have requested that before the completion of your 10 years. So depends on you. Do you want to wait and apply for the SAR, or just write the dates as you could make out and write along a small little note that, the stamps are not very clear, and that is what you could make out. I personally think that it is not a huge matter that God forbid the Home Office reject you for that.I hope others will agree.
All the best buddy.
Kind regards
Shahjee

[ma14]

called HO application not completed yet

[rmkirfan]

called HO application not completed yet

At least they have started Feb applications, Hope Feb-applicants should start good news soon as well..
Im next on list.