10 years long residence applications

[shahfurqan]

urgent attention required please,

while applying for long residence ilr do we need to Tick the box which says"have you ever overstayed beyond your leave to remain expiry" if we have overstayed less than 28 days just because of invalid application which was resubmitted within 8 to 10 days.

thanks

Hello Shahfurqan ,

Logically you have to say YES but Technically it should be treated DISREGARDED

Here you have to check the when your application was returned you as INVALID if it is before 9th April 2012 Then these 8 to 10 days are disregarded and if its after 9th April 2012 still it should be disregarded you have to says YES and explain the reason with the time lines if you remember the times ...

And let suppose if you say NO to that question , it should not be bothered by the case worker because you know according to rules it should be disregarded and also make sure what actually the " invalid letter " saying you about the re applying of the fresh application .... Depends from case to case ....

Very Good Question really helpful for all the members of this forum and if any member disagree with my opinion kindly correct me here ..

best of luck with your app
Regards ,
S.Akaram

hello shahakram thank you very much for your reply,
i have got a bit confused that you said if it was returned as invalid before april 2012 so they will disregard 8 to 10 days but if it was returned as invalid after april 2012 then they will also disregard.i do not have the letter as my application was returned invalid in october 2008.i met a solicitor and he did not mention something like this as to me it make sense that if the applications are made before the april 2012 they should be treated according to that law and if application are made after april 2012 does not matter whenever the application was returned as invalid,it should be treated according to new laws.this is what as per my understanding the long residence paragraph 276(a)(B) says if i am not mistaken.It will not be appropriate for the home office if they have laid down a new law for treating applications and when they receive an application,they will start looking the date of invalidity so they could treat the application as per the previous abandon law.pls correct me if am wrong cuz i got confused once again.thanks

[Arsal385]

Out of curiosity , I have noticed from the google drive those who are currently on TIER 2 or on TIER 2 at the time of application of SET(LR) get quicker reply ..

Shahkakaram, how did you notice that?? does it mean Tier 2 guys who are on company sponsored work permit are getting priority than other applicants specially Tier 1??

[taz123]

many thanks shajee and akram bhai's

yes i have applied for tier4 ( level 8 cmi) course through college.

I HAVE RECEIVED A LETTER FROM COURT on 15/09 THAT THEY REFUSE TO GIVE ME A PERMISSION FOR further APPEAL on utt.
KINDLY TELL ME WHAT WOULD BE MY NEXT STEP AND MY ELIGIBILITY TIME FOR 10 YRS FINISHES IN 10 DAYS TIME with out 28 days rule..

ANY SUGGESTION PLEASE

shaji or akram bhai

[Shahkakaram]

Out of curiosity , I have noticed from the google drive those who are currently on TIER 2 or on TIER 2 at the time of application of SET(LR) get quicker reply ..

Shahkakaram, how did you notice that?? does it mean Tier 2 guys who are on company sponsored work permit are getting priority than other applicants specially Tier 1??

Hello Arsal385 ,

My observation , I really don't know its means they giving priority to tier 2 or not ?...Well, Can not find any reason ..i think its depends upon the case to case ...i was reading the guideline on General grounds for refusal Section 4 of 5: considering leave to remain on their website , i have seen that some cases they have to send to their supervisors which cause the delay in results ....

Lets hope for the best
Regards ,
S.Akaram

[shahfurqan]

urgent attention required please,

while applying for long residence ilr do we need to Tick the box which says"have you ever overstayed beyond your leave to remain expiry" if we have overstayed less than 28 days just because of invalid application which was resubmitted within 8 to 10 days.

thanks

Hello Shahfurqan ,

Logically you have to say YES but Technically it should be treated DISREGARDED

Here you have to check the when your application was returned you as INVALID if it is before 9th April 2012 Then these 8 to 10 days are disregarded and if its after 9th April 2012 still it should be disregarded you have to says YES and explain the reason with the time lines if you remember the times ...

And let suppose if you say NO to that question , it should not be bothered by the case worker because you know according to rules it should be disregarded and also make sure what actually the " invalid letter " saying you about the re applying of the fresh application .... Depends from case to case ....

Very Good Question really helpful for all the members of this forum and if any member disagree with my opinion kindly correct me here ..

best of luck with your app
Regards ,
S.Akaram

hello shahakram thank you very much for your reply,
i have got a bit confused that you said if it was returned as invalid before april 2012 so they will disregard 8 to 10 days but if it was returned as invalid after april 2012 then they will also disregard.i do not have the letter as my application was returned invalid in october 2008.i met a solicitor and he did not mention something like this as to me it make sense that if the applications are made before the april 2012 they should be treated according to that law and if application are made after april 2012 does not matter whenever the application was returned as invalid,it should be treated according to new laws.this is what as per my understanding the long residence paragraph 276(a)(B) says if i am not mistaken.It will not be appropriate for the home office if they have laid down a new law for treating applications and when they receive an application,they will start looking the date of invalidity so they could treat the application as per the previous abandon law.pls correct me if am wrong cuz i got confused once again.thanks[/quote

hi shahkakaram,please check this out

Immigration act,paragraph 276(b)(v)
(v) the applicant must not be in the UK in breach of immigration laws exc
ept that any
period of overstaying for a period of 28 days or less will be disregarded, as will any
period of overstaying between periods of entry clearance, leave to enter or leave to
remain of up to 28 days and any period of overstaying pending the deter
mination of an
application made within that 28 day period

[Shahkakaram]

urgent attention required please,

hello shahakram thank you very much for your reply,
i have got a bit confused that you said if it was returned as invalid before april 2012 so they will disregard 8 to 10 days but if it was returned as invalid after april 2012 then they will also disregard.i do not have the letter as my application was returned invalid in october 2008.i met a solicitor and he did not mention something like this as to me it make sense that if the applications are made before the april 2012 they should be treated according to that law and if application are made after april 2012 does not matter whenever the application was returned as invalid,it should be treated according to new laws.this is what as per my understanding the long residence paragraph 276(a)(B) says if i am not mistaken.It will not be appropriate for the home office if they have laid down a new law for treating applications and when they receive an application,they will start looking the date of invalidity so they could treat the application as per the previous abandon law.pls correct me if am wrong cuz i got confused once again.thanks

Well , the information you have shared with us according to it you will be absolutely fine as you submitted your invalid application back with in the 28 days of the given time then it should be fine .....and don't worry they will treat yur 2008 according to those rules and in both rules before or after april 2012 you have submitted the fresh application with in the 28 days of the invalid notice ...so don't be confused ...

Hope its help ,
Regards ,
S .Akaram

[taz123]

many thanks shahjee bro for your kind information and reply

I have got a new query now?



2 days ago i have received a letter from court that they are not willing to permit me for further appeal I.E UTT.

at the same time i will be completing my full 10 years with out 28 days in a few days time.

so obviously i can't withdraw my appeal as i have come out from 3c & 3d rule aswell.


Assalmualiku Bhai shahjee and Sakram

could you please guide me what i have to do next shall i straight send Set (LR) mine, FLR (M) for my spouse and child.

shall i take a solicitor to apply for me .....

or shall i prepared all the document by myself if i do that can you help me in each steps what i need to do please.

i know its a quite hectic but please let me know.

your response allways appreciated.

[Shahkakaram]

many thanks shahjee bro for your kind information and reply

I have got a new query now?



2 days ago i have received a letter from court that they are not willing to permit me for further appeal I.E UTT.

at the same time i will be completing my full 10 years with out 28 days in a few days time.

so obviously i can't withdraw my appeal as i have come out from 3c & 3d rule aswell.


Assalmualiku Bhai shahjee and Sakram

could you please guide me what i have to do next shall i straight send Set (LR) mine, FLR (M) for my spouse and child.

shall i take a solicitor to apply for me .....

or shall i prepared all the document by myself if i do that can you help me in each steps what i need to do please.

i know its a quite hectic but please let me know.

your response allways appreciated.

Hello TAZ123 ,

Don't worry bhai , inshallah every thing will be fine ... before i can go further can you please answer these question ?or if u have already answer it please answer here again ,

Q1 When did you land in this country ?
Q2 During any of your appeal hearing , Did they asked you about your personal married life ?

Regards ,
S.AKaram

W

[taz123]

TAA

[taz123]

many thanks shahjee bro for your kind information and reply

I have got a new query now?



2 days ago i have received a letter from court that they are not willing to permit me for further appeal I.E UTT.

at the same time i will be completing my full 10 years with out 28 days in a few days time.

so obviously i can't withdraw my appeal as i have come out from 3c & 3d rule aswell.


Assalmualiku Bhai shahjee and Sakram

could you please guide me what i have to do next shall i straight send Set (LR) mine, FLR (M) for my spouse and child.

shall i take a solicitor to apply for me .....

or shall i prepared all the document by myself if i do that can you help me in each steps what i need to do please.

i know its a quite hectic but please let me know.

your response allways appreciated.

Hello TAZ123 ,

Don't worry bhai , inshallah every thing will be fine ... before i can go further can you please answer these question ?or if u have already answer it please answer here again ,

Q1 When did you land in this country ?
Q2 During any of your appeal hearing , Did they asked you about your personal married life ?

Regards ,
S.AKaram

W

JAZAKALLAH HU KHAIR,



I HAVE LANDED ON 27/09/2004



AND

YES I HAVE MENTION ABOUT MY MARRIED LIFE IN UK AND MY APPEAL WAS BASED ON HUMAN RIGHTS THATS WHAT MY BARRISTER ADVISED ME

[Spatacus]

Hey all

I received an email today from home office confirming receipt of application. Is this normal???

My time line is
Application date: 29/08/2014
Acknowledgement Letter: 02/09/14
Acknowledgement Letter Received: 07/09/2014
Email Received from HO: 18/09/2014

The actual email says as follow:

Thank you for your application to the Home Office. Your payment has been processed and your application is being considered.

It may take up to six months to make a decision on your case. If we are unable to process your application within six months we will tell you as soon as possible.

Our web page contains further information on our service standards and other information which may relate to your application.

Please note that this is an automated response confirming receipt of your application and does not accept responses. Please do not reply to this email.

If there is a change in your circumstances, we kindly ask that you only contact us using this link:

Permanent migration team

Hello Faddy,
Yes I think this is new to HO.They are now sending ack letter by email to applicants. Suppose they are sending biometric letter by email as well that would make the application process more easier and quicker for everyone + it will save them the hassle and money on postage too. To me I think HO should be sending ack and biometric letters by emails.

Hey spatacus

I wish they could do this and make a hell lot easier process but lets see when they do this.

I did noticed that your and mine application had been posted on same day with exactly same response. Good luck may be in four months time we both will get back same time.. yaaay

Btw is your case straight forward or any complications>>?????

Thanks Faddy

hello faddy,
yes my case is straight forward. 5yrs Tier-1 + 5yrs student. since we submitted on the same day, i believe we will be close in getting results. goodluck to everyone.

[samu140]

Hi friends
Application date: 27/08/214
Acknowledgement received: 05/09/2014
Biometric letter received: 17/09/2014
Biometric done : 18/09/2014



Please prey for me . Thanks

[samu140]

many thanks shajee and akram bhai's

yes i have applied for tier4 ( level 8 cmi) course through college.

I HAVE RECEIVED A LETTER FROM COURT on 15/09 THAT THEY REFUSE TO GIVE ME A PERMISSION FOR further APPEAL on utt.
KINDLY TELL ME WHAT WOULD BE MY NEXT STEP AND MY ELIGIBILITY TIME FOR 10 YRS FINISHES IN 10 DAYS TIME with out 28 days rule..

ANY SUGGESTION PLEASE

shaji or akram bhai

If the application for permission to appeal is refused from FTT then you still can load further application for permission to appeal to UTT directly within the time frame .

[Shahkakaram]

JAZAKALLAH HU KHAIR,



I HAVE LANDED ON 27/09/2004



AND

YES I HAVE MENTION ABOUT MY MARRIED LIFE IN UK AND MY APPEAL WAS BASED ON HUMAN RIGHTS THATS WHAT MY BARRISTER ADVISED ME

@ Taz123

Thanks bhai ,
Brilliant you are almost out from any danger zone however you have to take play safely and take your next step wisely in order to reach till 27/09/2014.

Well bro , can you tell me what is the final letter from court is saying , i am only interested to know that did the last letter advising you any thing what should you have to do next ? i mean to any removal order ? or giving you any time to apply for new application ? any time mentioned for next step you should take ?

If not that then still according to my understanding you are still covered by the deem leave which allow you to file any other category as your circumstances could be changed with in 60 days ....These 60 days legally allow you to think what should you have to do next ...I can also emphasis that lot of solicitors are not aware of these Deem leave or they don't know how to excercise it or probably can not interpretate it , However i will not suggest you to apply for the SET(LR) before 27/09/2014 .

If i were you , i would regularised my stay till 27/09/2014 by applying FLR(FP) or again TIER 4 and vary my application on 27/09/2014 by applying SET(LR) by following all the correct procedure how to vary application .....this route will cost you extra money but i think is what my friend also did and didn't register his bio metric till his 10th Anniversary .....

If i were you again Instead of having much confidence i will atleast take professional advice from any good solicitor /barrister by keep this in mind lot of solicitors are not advising you efficiently because they knew that with your family circumstances ultimately you will probably win all appeal for SET(LR) ...and i would apply through good solicitor ...

BTW r you in London ? if in London then you will find good qualified solicitors ..your case is not that difficult but quack solicitor can make your simple case more difficult , i believe so be careful ...

i hope its help ,accept my humble apologies in advance if i didn't advice you correctly or confused you more ....

feel free to ask any thing
best of luck
Regards ,
S.Akaram

[taz123]

AssalamuLikum bhai

Many thanks for ur kind reply.
in the letter it just mention that they have refused and on what grounds they refusing my application thats all.

they didn't mention anything about remove etc

but my barristers told me that I have got 28 days to lodge a new case.
and by 27th of this month which would be in 8 days time im eligible anyways.
Honestly im not confident enough but the lawyer I had spoken with not give me precise information.
One more thing do I need apply for another visa for time being If so i have to apply along with my family.

I always appreciate ur kind advice bhai

may allah swt always help u and shahjee br

[Kindsoul]

Dear All,
I was a silent member of this forum for some time.
Today I received my supporting documents back and a letter to say that I should receive my BRP soon. The long wait is finally over!
I would like to share my timeline with you:
Application sent: 28th May 2014
Biometric letter received: 14th June 2014
Biometric recorded: 16th June 2014
Approval date: 16th September 2014
Docs received: 18th September 2014
BRP: Waiting
My application was straight forward. I have spent 7 years as a student, 2 years on PSW and 1 year on Tier 2.
I wish all the best to those who are still waiting. The good news will come soon
I would also like to say thank you to all the members who keep this forum thread going. You guys are doing a great job!

Great news! Many congratulations! Best of luck for the future. Feel the fresh air of freedom.
Baz

[Kindsoul]

Dear Shahjee & all other respected members,
After waiting enough nearly 50 days for my SAR,I have no gaps or refusal just wanted to see SAR for peace of mind. Now I have decided to apply. Below are my details;


Application sent :15 sep 2014
DOCUMENTS
Application form with 2 photos with name written on the back
Both passports with BRP card
Master degree for English requirements
Life in the UK test pass certificate
Prepaid return envelope

I would like to thank SHAHJEE for your help and support in every step of the whole process. You are truly a good person helping out everyone here, taking out time from your busy schedule. Salute to you.God bless you.
I will keep it updated regarding the application process. Good luck to all who have applied or waiting.

Bharat Bahi,
Thanks for you kind words, it is flattering to hear such good words from a kind member like you.
You know all of us have been there, not knowing what to do, and how to answer a question on a form, and a little bit of support from a kind member is always welcome. Only if the rest of the human beings can get a lesson from this forum, its a complete selfless help from kind members for each other. As I said before in my time of need many kind members have helps me and steered me in the right direction, and I am just returning the kind favours.
Keep happy Bharat bahi, and my prayers and best wishes be with you.
Kind regards
Shahjee

Thanks very much Shahjee. Whoever help others selflessly surely helped and blessed by Almighty God and you are one of them. God bless you.

[meet2mustafiz]

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 ?

Scenario:3
if appeal was in time but upper tribunal say out of time appeal -does UT asked for reason of out of time appeal ? then appellant able to give evidence of in time appeal ? if UT don't give any chance to prove of in time appeal then what is the option for appellant ?

[Shahkakaram]

@ TAZ123 ,


Salam bro ,

i think your barrister is right that you can lodge new app( with your dependent as well if their stay is also expired ) with in 28 days in other category and with draw that app on 30.09/2014 and simply apply set(lr) for yourself and flr(m) for your wife and your children don't need to vary app i guess , as they born here ..

Strongly advised :- you will be okay if you directly apply for set(lr) on 30.09.2014 b/c as you got court decision on 15.09.2014 you are still under 28 days ..but don't lodge your SET(LR) app before 30.09.2014 but as if i were you ..i would not take any chance ..

Don't get confused , i did a pvt message to you as well , kindly read it ..

Best of luck
Regards ,
S.Akaram

[dream40]

Dear shajee other senior members just a quick questiom
n the set lr application is decoded normally according to date of apply or date of biometric done as i applied on june 2nd and biometric done june 16 I missed special delivery and I hoped my case set lr is decided and will let you know as i sent special delivery envelope with my application
Dream 40

[dream40]

I will collect my special delivery tomorrow sat

[Universal soldier]

I will collect my special delivery tomorrow sat

I wish its a good news. But if you are busy in job etc today and cannot go to collect your parcel from local royal mail unit then why not at least you give a ring now to DX to inquire as have they something for you?. Maybe they have something and you sleep better tonight.
Goodluck

[Universal soldier]

I will collect my special delivery tomorrow sat

I wish its a good news. But if you are busy in job etc today and cannot go to collect your parcel from local royal mail unit then why not at least you give a ring now to DX to inquire as have they something for you?. Maybe they have something and you sleep better tonight.
Goodluck

[Shahkakaram]

Dear shajee other senior members just a quick questiom
n the set lr application is decoded normally according to date of apply or date of biometric done as i applied on june 2nd and biometric done june 16 I missed special delivery and I hoped my case set lr is decided and will let you know as i sent special delivery envelope with my application
Dream 40

@ dream40 ,

Congratulation in advance ,
I also applied same date and i also done bio same date as you ....
As you said you sent pre paid envelope ? although you have missed the delivery today but can you able to trace your pre paid envelope or not ? is the same envelope they you missed today or other one ..

Universal soldier suggested you to dx as well ..that would be another way to track

Best of luck
Looking forward to your updated status ,
Regards ,
S.Akaram

[dream40]

Ikram I don't expect any other special delivery I misplaced delivery record track and this delivery track does not show more details except I missed it will update you sat thanks