hassan5805 wrote:kusanagi wrote:
My visa was stamped on 21st Sep but I came to UK on 4th of Oct. Someone told me that HO consider your 10 years from the date of ILR application. I have also been advised to apply on FLR form and once 10 years compeleted then send ILR.
You have traveled within 28 days after getting your visa and i think you can apply from the date when you get your visa.
You do not need to wait to day of entry clearance. But also take seniors advise too.
Reagrds
Dear Kusanagi ,
Sorry to interrupt on the advice that you can apply 21st Sep , i will not agree on it ,
there is no such rule for Long Residency route applicant to apply on the visa date stamped and you travalled with in 28 days of the visa issue ...
i am afraid , this is not written any where and if so kindly share the link ,
so kindly don't get confuse on it , there is no option in the application form as well when your visa was stamped ?, however there is the question on the form when did you arrived in this country first / date of entry clearance as you
CLOCK will start from the date you landed in this country . i.e in your case is
4th oct .
SO, you can apply 28 days before 4th oct , i.e on
6th Sept or after 6th sept
so now check when your last visa is finishing so according to the given information in those 45 days if you have included those 28 days then you can minus those 28 days so you will left with 17 days short and if you calculated your 45 days excluding the 28 days then there are different ways you can regularise your stay by applying some different category so by the time you will be processed for fees ,bio metric and decision and it reaches the 6th sept then you can apply for ILR on Variation of application ..
And there is a clear question on SET( LR) that "are you applying 28 days before the completion of the 10 years ?"
so Don't get confuse and don't mess up with 28 days and be very careful to avoid any disappointment ...
but i am sure that any one can apply 28 days before the completion of the 10 years ,
for your information yes , it is also true you will find some solicitors who never take any chance to apply before 28 days in the cases like you where they are short of 45 or more then 28 days short and it is also a good practise to play safely . hope you understand what i mean here so keep their clients on safe side they are advising this to their clients so HO can not make issue of those 28 days .....
I am not sure how to file for the variation of application ..you can still wait for some times so any one can give you advise on it or simply ask to the solicitor as we can only discuss the cases here to give you some options and ways or there are few solicitor where you can ask on TV SHOW ....HOPE you will get some useful advice on it .
https://www.youtube.com/watch?v=kenXi1WcGow probably you may get the similar case in their tv programs ....some of them are available on you tube ...
.
BUT
make sure there are some rules to do the variation of the application which i am not 100% sure what they are but if your FLR or any other category decision will come before 4th oct then obviously you will get the right to appeal and most likely you will get discretionary leave as your children are born here and you are living here with your wife and children
but if your 10 years will complete before the court hearing or appeal date then you can not apply for SET( LR) straight away as variation ...they recently has changed the procedure where variation of application will be applied on your appeal hearing day in the court before your flr decision will start in the court on the same date where you will explain them that your 10 years are completed so judge will make decision on the same day and will refer your case to HO to accept his application for SET( LR) ...
And just in case if you will not get your FLR decision before 4th oct so you can apply for variation of application ...i am not sure about the procedure of that variation ....wether you have to with draw your current application and applied for the set( lr) same day or through some other process and also keep in mind that withdrawing application and applying for variation may regularise your stay or not ...there is a confusion on it ..in some cases they treat withdrawing an application and applying for the new one as VOID and VOID will consider as gap so please seek some good solicitor advice on it ,....or make sure you are following the right procedure to applying as variation of application..
Again i will say if you don't want to apply through solicitor make sure you are applying for the right application to cover
your 45 days short in order to keep YOUR STAY REGULARISED , so kindly look into every possible way and take your decision wisely and make sure you follow the timings and procedure , to not to give HO any weak point other wise if incase your application will refuse it would go for appeal and although you will get ILR in the end because your personal cicumstances and your ties with this country but it may take longer because of appeal and hearing dates and so on ..so avoid any delays and disappointment make sure follow the correct procedure ..
i can understand that applying with family and solicitors fees will be very expensive to afford ....
wish you all the best
Keep updating us
With Regards ,
Shah