10 years long residence applications

[K4]

Kindly no other member than Dr. Shahjee use blue writing as its now trade mark colour of shahjee. Blue writing quickly come to attention and remind shahjee

hi cool mind

to the msg you inboxed me about the payment

just write all 16 digits without space that's what i did and the payment went through.

hope this helps

[Universal soldier]

Hello Experts !!! I think I always asked very difficultly question and get very limited respond !

Scenario:1
after all appeal dismissed if someone reapply for a visa and and again visa is refused,then does applicant got 28 days to decide for applying another visa or applicant will get in-country appeal after October 2014 ? and does those time is countable for 10 years time ?

Scenario:2
what is the current waiting time for upper tribunal and court of appeal hearing ?

There is no guidance even no expert can be able to interpret that how many times the period of overstaying/gap of 28 days is allowed but it certainly allows atleast one time. For example after refusal or appeal end if the fresh application is being sent within 28 days.

[Universal soldier]

Hi all,

I have been a silent reader of the forum.

Here is my situation, I have apply to ILR based on a 10 years long residence.
-student visa for 8 years student visa
-5 years EEA card due to my wife.

Do you think that by applying for the set LR instead of a EEA4 should be a problem?

I am wondering that the HO will ask why didn't apply for EEA4 instead?

Please help me!

Thanks

Once you complete ten year then you can apply ilr and no one will ask/suggest you any other route. But make sure to include the treaty rights evidences of your EU national sponsor for the time you lived as EU national family members. On the other hand if you can wait to complete 5 years then can send eea4 application for PR equal to ILR at the cost of £55 without life in UK test in contrary to the ilr application costing £1093 with life in UK and English score. Hope it clarifies.

[Shahkakaram]

Assalmualikum bhai

I need a help with my application please, i came to UK in end of sept 2004 and since then i have been extending my visa till 2011 as a student then from 2011 to 2013 i have granted with PSW on the basis of MSc. finally after doing a lots of discussion with solicitors and immigration advisers i have applied for level 8 course (Tier 4 student) for further extension to complete my lawful 10 yrs however my visa got rejected.
I been to FTT refuse again, i went for FTT review decline, now my case is on appeal permission for UTT still awaiting i have completed my 10 yrs as per the law 28 days before.

My lawyer said i need to submit a new application, while appeal is pending (Confused)

I had spoken to HO they said i need to withdraw my appeal and submit a new application as per 3c 3d rule.

My questions are?

Firstly i got 28 days to complete my 10yrs am i be still eligibl to apply for long residency or i have to wait till my 10yrs completed as i'm on 3c 3d rule .
secondly what forms i have to used because some said LR some says Set (o)
Thirdly do i compulsory need to withdraw my appeal and submit new application.
Fourthly i got 2 dependents what forms i have to used for my dependents and what is the procedure?

I have learn many things from this forum but in these circumstances and situation there is no proper solutions or results so please guide me and help me and tell what necessary steps i need to take.....if any one have come across with the same situation please let me know their experience.

all helpful answers are much appreciated

Hi Taz123 ,
W SALAM bro ,
Wel come to the forum ,

Well one of my friend had same case as yours all appeals refused on five year cap ..some how completed his 10 years last sept 2013 and filed his SET(LR) which also refused but not refused on the ground of 5 years cap in the end of his ten years but due to home office clerical mistakes he had a gap of more then 75 days however his appeal is due in December 2014 and inshaallah he will get ILR because he has all the documents which can challenge HO time line on refusal letter .

In short his story is almost same as yours he has done Msc and got PSW ...after finishing PSW he applied for tier 4 but refused in MARCH 2013 because of 5 years cap he excercised all his appeal right and higher tribunal all of them refused and he reached to july 2013 and 10 years were completed in Sep 2013...One of his lawyer also advised him to apply fresh application to regularised his stay he did the same thing and in the mean time he exactly at 10 th anniversary he vary the application to SET (LR) ...again i can remind you his SET(LR) application is refused in March 2014 but not on the ground of five years cap but on some other silly reason ...

Now see your case in the light of above scenerio , where are u standing ?

first in your case , can you please tell me that after MSC which course did you apply as level 8 ? was it PHD ?
Secondly if you have our dependent with you then why in any of your appeal they didn't consider your personal married family life in UK ?

because in my friend case he was not married so they didn't apply any discretion however in the first tribunal the judge remove the REMOVAL clause from his decision made by HO , judge said you can not be removed from the country on that basis ,

Let me answer your question according to my understanding and knowledge but bro keep this in mind we are not practising professional advisor / lawyer and this forum is also not made for this purpose , we give our opinion according to our understanding and knowledge , it is the members own responsibilities to verify all the information and take their decision their own

Q 1:- Well according to the rules any one can apply 28 days before his or her 10 anniversary in this country but my friendly advise you and all members those who are on 3c and 3d or those who are short of more then 28 days in their visa try to complete 10 years legally and apply for SET(LR) exactly on their 10th anniversary , again i can repeat those who are short of more then 28 days in their 10 years or they are on 3c or 3d only not others ...those who had their visa valid after 10th anniversary can apply 28 days before .... Lot of professional solicitors are also practising this and advising their clients to avoid any disappointment apply 10th anniversary those who are short of more then 28 days as HO can make any issue regarding your complete 10 years so try to regularised your stay till your 10 anniversary and do not give a single chance to HO to refuse your application..

so i will suggest you apply exactly at your 10th anniversary .

Q2 : If you are applying for 10 years long residency basis you must have to use SET(LR) no matter you are on 3c or 3d ....

Q3 : I am really not sure about it that by withdrawing your appeal and apply for SET (LR) same day will effect your long residency or not ... [ seek professional advise on it or shahjee or some other member can reply you this question ] In my friend case after the refusal of higher tribunal appeal his lawyer suggested him to apply for the fresh application he did but didn't registerd his bio and vary application at 10th anniversary however another lawyer told him that you don't need to apply for fresh application after final hearing decision you were on deemed leave which give right to the applicant to apply for any category with in 90 days ..well but it was too late for him to excersied the deem leave and luckily in his refusal letter this new application didn't create any problem ....

Q4: Here you have to tell us when their visa are expired , if your child is born here you don't need to apply for him/her :- shah jee will answer you this in detail ....

i am sorry can not give you all the answer of your question but hope its help
Regards ,
S .Akaram

[Spatacus]

Hi All,

Finally some good news for me. I have just received a call from my solicitor that they have received my approval letter, documents plus Biometric Card. The wait has finally ended. My case was pretty straight forward. 5 years students, 2 PSW and 3 Tier 2 General.

Thanks to all the members on this forum, especially to Shajee and S.Karam, you guys are great , you are helping so many people, god will definitely compensate you for this.

Good luck to all those waiting

Congrats Shay14!!

Approvals that quick always make me happy!!

Hey Shay14; a heart full congratulations. Enjoy your freedom. A well deserved one. Keep us in your prayers

[perez2014]

Hi all,

I have been a silent reader of the forum.

Here is my situation, I have apply to ILR based on a 10 years long residence.
-student visa for 8 years student visa
-5 years EEA card due to my wife.

Do you think that by applying for the set LR instead of a EEA4 should be a problem?

I am wondering that the HO will ask why didn't apply for EEA4 instead?

Please help me!

Thanks

Once you complete ten year then you can apply ilr and no one will ask/suggest you any other route. But make sure to include the treaty rights evidences of your EU national sponsor for the time you lived as EU national family members. On the other hand if you can wait to complete 5 years then can send eea4 application for PR equal to ILR at the cost of £55 without life in UK test in contrary to the ilr application costing £1093 with life in UK and English score. Hope it clarifies.

Thank you for your advise and support

[KashRIz]

Shah gee...Sent you another PM not sure if u get it or not plz update?/

[Shahkakaram]

@ Amson ,

From the google drive we can see that amson application is been approved today

wow

Our heartiest congratulation to you ,
Enjoy your freedom ,
Thanks for sharing this good news on the google drive
You also commented ...your case was straight forward ,
took 16 weeks

Regards ,
S.Akaram

[shahjee1234]

Shah gee...Sent you another PM not sure if u get it or not plz update?/

Hi KashRIz,
Don't know what's wrong, as I don't see any PM from you. What I will do is to try to send you a test PM and you reply to that, hope I receive that. Many thanks.
Kind regards
Shahjee

[amason]

@ Amson ,

From the google drive we can see that amson application is been approved today

wow

Our heartiest congratulation to you ,
Enjoy your freedom ,
Thanks for sharing this good news on the google drive
You also commented ...your case was straight forward ,
took 16 weeks

Regards ,
S.Akaram

Thanks Shah;
I am very grateful to Jehovah God. It was pretty straightforward. Submitted and received all renewals before the expiry of the previous. 16 weeks is to o long but I'm grateful; hopefully yours will be next.

Thanks to all and grace favour to all waiting

[shahjee1234]

Kindly no other member than Dr. Shahjee use blue writing as its now trade mark colour of shahjee. Blue writing quickly come to attention and remind shahjee

Hi cool mind,
Thanks a lot for the consideration, loving it
Frankly the other blues are confusing me as well, every time I stop to read one of them posts thinking its my post.............. to realise that it's some one else's
But as I said before some one have to take over, infect I am thinking to go to a different colour now take voluntarily demotion
keep up the spirit cool mind, you are doing a brilliant job.
Kind regards
Shahjee

[shahjee1234]

Assalmualikum bhai

I need a help with my application please, i came to UK in end of sept 2004 and since then i have been extending my visa till 2011 as a student then from 2011 to 2013 i have granted with PSW on the basis of MSc. finally after doing a lots of discussion with solicitors and immigration advisers i have applied for level 8 course (Tier 4 student) for further extension to complete my lawful 10 yrs however my visa got rejected.
I been to FTT refuse again, i went for FTT review decline, now my case is on appeal permission for UTT still awaiting i have completed my 10 yrs as per the law 28 days before.

My lawyer said i need to submit a new application, while appeal is pending (Confused)

I had spoken to HO they said i need to withdraw my appeal and submit a new application as per 3c 3d rule.

My questions are?

Firstly i got 28 days to complete my 10yrs am i be still eligibl to apply for long residency or i have to wait till my 10yrs completed as i'm on 3c 3d rule .
secondly what forms i have to used because some said LR some says Set (o)
Thirdly do i compulsory need to withdraw my appeal and submit new application.
Fourthly i got 2 dependents what forms i have to used for my dependents and what is the procedure?

I have learn many things from this forum but in these circumstances and situation there is no proper solutions or results so please guide me and help me and tell what necessary steps i need to take.....if any one have come across with the same situation please let me know their experience.

all helpful answers are much appreciated

Hi taz123,
I can see that S. Akaram have very kindly answered your questions in details, but let me elaborate it a bit more.
Regards to your questions the answers are as follows
1. As S. Akaram already suggested and I fully agree with him, when on 3c, 3d, you don't want to take any chances, so its better you first complete your 10 years and than apply for your SET(LR).
2. Yes S. Akaram right again SET(LR) is going to be the application form you will be applying on.
3. Now regards to is it compulsory for you to withdraw your appeal first and than apply ? I would say it only makes sense that you apply first and on the same day try to withdraw your appeal, making sure that your SET(LR) application is in for that date, and that you have completed you 10 years legal residency. I have come across members who have left their appeals pending and make a fresh SET(LR) application, and ended up getting the ILR no problems, so I would suggest to see a qualified Solicitor for that, or if a kind member who had a similar experience can share their story and lead you to help you go through the transaction smoothly.
4. Regards to you dependent, your spouse have to apply for FLR(M) which is a visa futher leave to remain as a dependent of a settled person i.e YOU, and you have to write a covering letter with that from your spouse side that they want the Home Office to hold their application till the main Sponsor(YOUR) application for ILR is decided, and they will take a decision on their application once your ILR case is decided. regards to any children, as S. Akaram very rightly pointed out, if they are born here than you can wait for your ILR and once you get it than you can apply for them through form MN1, to get them registered as a British citizen by virtue of being born in this GREAT COUNTRY , or if they are born abroad than you can include them on your spouse application FLR(M) as their dependent, and than the kids pretty much follow the same line as dependent to your spouse. Time for settlement through FLR(M) route for the dependents is 5 years now, and any time that they have previously spend in the country is not going to count, for them the clock starts again from zero, and they have to spend 5 years as fresh, initial grant of 2.5 years on FLR(M) which is further extendible for another 2.5 years to take them up to the 5 years mark, and than qualify for their ILR through form SET(M). Mind it income trash hold and maintenance requirement is there to fulfil for FLR(M) application.
I hope it helps mate. All the best with your case.
Kind regards
Shahjee

[shasus7]

Dear Shahjee,

Thanks for your help with my SET (LR) application. I've just sent you a PM. Could you please let me know if you've received it? Thanks in advance for your generous time:)

[makeiteasy]

Hi All
I was on a student visa and was approaching 10 years in coming January 2015. Unfortunately my college lost its licence and my visa was curtailed giving me until end of august to reapply or leave UK. Only few months left for ILR, my lawyer applied for FLR (FP) so that by the time its refused I would have covered my 10 years. Im not sure about the fees of £601 for the FLR (FP), will it be refunded when the application is rejected even if I appeal against it? Or when is it refunded if at all it is refunded?
Thanks in advance waiting to hear from you.

[shahjee1234]

Hi All
I was on a student visa and was approaching 10 years in coming January 2015. Unfortunately my college lost its licence and my visa was curtailed giving me until end of august to reapply or leave UK. Only few months left for ILR, my lawyer applied for FLR (FP) so that by the time its refused I would have covered my 10 years. Im not sure about the fees of £601 for the FLR (FP), will it be refunded when the application is rejected even if I appeal against it? Or when is it refunded if at all it is refunded?
Thanks in advance waiting to hear from you.

Hi makeiteasy,
If you vary your application from FLR(FP) to that of SET(LR) in January 2015 when you reach your 10 years, only than your application fee of £601 is refundable. But if they reject your FLR(FP) between now and January 2015, than they have already made their decision, hence the application fee is not refundable in that case.
Looking at the time line, I would say you better be mentally prepared for the later scenario as you still have 3-4 months to go, but thinking positive and in grander scheme of things £601 is nothing my dear considering the jack pot that you will be getting in form of an ILR so if I am you, frankly I won't lose my sleep worrying about £601
I hope it helps.
Kind regards
Shahjee

[anas123456789]

hello Guys

Hope all is well

may be this is the right thread for me to post my question because i am not getting any replies in the other thread.

Please advise me on the following urgent situation as i am short of time


I am applying for my ILR based on 10 years route. However i cannot apply for my wifes flrm since i cannot fulfill the requirement of showing 18600 pounds.

My wife visa (student dependent) will expire in November. Currently i am on tier 4 (granted January last year) and my wife joined me then.

what options do i have for my wife if 18600 requirement cannot be satisfied? We dont have any children

i highly appreciate an advice

thanks

[ajek01]

hi guys

I have applied for my ILR on 13/09/2014

Regards
Ajek

[Trusted]

Hi All,
Can you please tell me when you submit your application to HO for visa extension, do they keep the record that when (Date) this application was received. Suppose you have applied for your visa extension within 28 days before your current leave expire but you have received your acknowledgement letter after expiring your visa. How can you prove that you had applied for your extension in the past within your valid leave to stay at the time of applying for SET(LR)?
Thanks,

[fielddrive]

Hi All,
Can you please tell me when you submit your application to HO for visa extension, do they keep the record that when (Date) this application was received. Suppose you have applied for your visa extension with in 28 days before your current leave expire but you have received your acknowledgement letter after expiring your visa. How can you prove that you had applied for your extension within your valid leave to stay at the time of applying for SET(LR)?
Thanks,

Yes, its called the Application raised date and is normally the date post marked on the envelope. You can get a copy of your SAR from HO which details all your applications to stay inside and outside the UK.

[saimafaraqut]

Hi all
I applied my ILR on 7th of July. please help me about the time line, when i will expect HO response

Application 7th of July
Fee deduction 9th of July
Bio-metrics done - 28th of July

Thanks for your kind response in advance

Faraqut

[fielddrive]

Hi all
I applied my ILR on 7th of July. please help me about the time line, when i will expect HO response

Application 7th of July
Fee deduction 9th of July
Bio-metrics done - 28th of July

Thanks for your kind response in advance

Faraqut

welcome to the forum.. expected timescales are between 16-20 weeks generally so you're looking at November for a response

[aurnoc]

hello Guys

Hope all is well

may be this is the right thread for me to post my question because i am not getting any replies in the other thread.

Please advise me on the following urgent situation as i am short of time


I am applying for my ILR based on 10 years route. However i cannot apply for my wifes flrm since i cannot fulfill the requirement of showing 18600 pounds.

My wife visa (student dependent) will expire in November. Currently i am on tier 4 (granted January last year) and my wife joined me then.

what options do i have for my wife if 18600 requirement cannot be satisfied? We dont have any children

i highly appreciate an advice

thanks

Hi anas,

As per my knowledge, you can apply FLR FP form for her.

Wish you goodluck

[shasus7]

Dear lovely people here, just an update on my SET (LR) application if it helps anyone:

Application sent: 15/09/2014
Payment taken: 17/09/2014
Acknowledgement letter: Pending
Biometrics invitation: Pending
Biometrics completion: Pending
Decision: Pending

Thanks

[shasus7]

Hi guys, does anyone know what sort of duration of leave HO grant under FLR(FP)? I'm just asking out of curiosity because I'm planning to apply for my wife using FLR(M) in November but just in case if anything goes wrong and I have to go through FLR (FP)! Thanks in advance you all lovely people:)

[Vandan044]

My timeline:



Biometric letter received:17/09/2014

Biometric enrolled: 17/09/2014

Please someone add my details on google drive.