14 Year Continuous Residence ILR Application

[missmykid]

Hie amber,just a clarification for me pliz.student visa 98-2001(3yrs)granted ilr 14yr long residence may
2013.so does it mean I qualify for naturalization in may 2018 or may 2015 taking into account 3yrs I was legal

[Amber]

Likely 2018.

[ILRhopeful]

Hello Amber,

Even though it has been abolished, could some people are still eligible who extended their visa prior to 2012? Am I wrong?

[Amber]

Depends, I'd need more info. Some extensions made before July 2012, will remain on the rules in place before July 2012.

[ILRhopeful]

Thank you Amber!

I came to UK in 2003. I was a legal resident 'til 2009. My question is, can I eligible for ILR in 2017 even though the rules have been changed to 20 years? Thank you for your help.

[Amber]

No, it is not ILR at 20 years, it's 2.5 years FLR(FP) on a 10 year route to settlement. Do you have a partner any children?

[ILRhopeful]

Hello Amber,

No, I don't have children or partner. I was wondering what are my chances to succeed if I apply for 2.5 years work permit (before/after 14 years of residence) considering the amount of charity work i do. Thank you for your help.

[Amber]

You've lost me, 14 years Long Residence, no longer exists, what 2.5 years work permit?

[HTA_1997]

Hello everybody,

My sister and I are writing with regards to our settlement in the UK.

We came with our mother in early 1997 on a six months visa but we overstayed. I was 3 and my sister was 6 years old at the time.

We have all lived in the UK continuously ever since.

In 2011, we applied for ILR on the grounds of 14 year residency just before I turned 18 years old. However, we were rejected on these grounds :
- we did not show evidence that we were living in the UK between 1997 - 1998

-we did not include our life in the UK test in our application.

As we were minors between 1997 - 1998, the evidence we could provide were our NHS registration, child bank account statements and our primary school reports. Our mother provided her bank statements and bills in her name which were dated from 1997. But we do not understand why the HO did not take those documents into consideration.

At the time of the application, we could not afford to take a life in the UK test due to financial difficulties But as my sister and I have spent all our educational years in the UK, we provided our GCSE results including our above C grades in English Language.

Despite all these factors, we were given limited leave to remain for 3 years and it is expiring in early 2015.
We have sought legal advice but we keep on getting varied responses. Instead of extending the LLR, we are taking a step and hoping to reapply for a Indefinite leave to remain.

Like I mentioned before, my sister and I have spent the majority of our lives in the UK . Apart from overstaying, we have not been involved in criminal activity and have not received social benefits from the government. We are now both employed and pay tax. Not having an ILR has caused issues, especially in furthering our education. Recently, we were both kicked out of university due to being unable pay for the £9000 tuition fees.

We believe reapplying for ILR is the solution so we are here for advice.

Reading this forum has lifted our spirits.

Thank you

[smohammad182]

Hi,
I just came across this board and was hoping someone with experience could explain a few things for me. I understand that the 14 ILR was removed in 2011 or 2012. So is there any option left for people who are stuck? My situation briefly:

Came to UK on student visa Jan 2002,
Extended visa twice,
Got refused extension on the third occasion somewhere around September 2005.
Have overstayed since.
No spouse or family connections.
Also never applied for appeals or asylum etc.

So is there any alternative to the 14 ILR ?

Thanks for any help

Mohammad S

[n2820m]

Hi All
I am asking this question behalf of my friend .
Is anybody can reply me please .?
My friend has applied in 14 years long residency for ILR.
He applied before 9 July 2012. He is in UK from 1998 till date. HO refused his application because he can't povide evidence from 1998 to 2001.
His case refued in judicial review also. Now he appealed in high court.
Please anybody who can advise from their experience how he can prove his stay between 1998 to 2001 because he don't have any document for this period
We appreciate for your help or advise
Regards

[JonF]

Hi all

I'm hoping I've come to the right place for some help and advice.
I'm posting this on behalf of a good friend who has been going round in circles for the last 8 years in trying to obtain his citizenship, today he practically had an emotional break down after encountering another hurdle so I've taken it upon myself to help him out.

My friend was quite literally smuggled into this country as a 6 month old baby from Iran by his parents in 1982. He grew up in this country, went to school here, has a family and mortgage and owns a successful small business employing 6 people and I consider him to be just as British as anyone. He has 5 brothers, two of which were born in this country so have citizenship but my friend and his two other brothers were born in Tehran however one of these brothers had a career in professional boxing so was given an exceptional talent visa and eventually married a British girl so is now a citizen.
Unfortunately these boys had a very troubled up bringing as their parents had serious drug habits and this resulted in a life of crime and consequentially a 2 year sentence for my friend in 2006 for nothing more than sheer stupidity
I read the very first post about not being eligible for 15 years after his sentence but can't help but think this case has exceptional circumstances. I consider myself of good character free of any criminal convictions, I am a company director for a London based consultancy working for the mayor and have been good friends with him for nearly 18 years, he truly has turned a new leaf since the conviction and now he's an award winning tattoo artist and his brothers are all very successful one being a professional footballer, another a former WBU world champion boxer (as mentioned) another a director of a successful construction business and another is a signed UK hip hop artist (something in the genes!) I suppose the question I am asking is; do you think if I and his brothers put a strong enough case together we can at least get him a Visa or apply for for citizenship under naturalisation?
He's has been given 6 month Visa's every 6 months for the last 7 years but this has prevented him from obtaining a passport so he has never left the country, he can't even go to France on a day trip!

To add; just recently he managed to obtain his birth certificate from the hospital he was born in Tehran, this is another whole lengthy story I won't bore you with but he moved heaven and earth to get it and went to the Iranian embassy in London today who said they couldn't give him an Iranian passport as he doesn't have a UK visa. This was the last straw for him and I literally saw him break down at the prospect that he will never be able to travel or become a British citizen hence why I feel compelled to help.

I was born in the UK so I'm a British citizen, my father is British however my mother is German so i owe my very existence to the immigration laws in this country and I refuse to accept the situation my friend is in.

Any advice would be very much appreciated.

Regards

Jon

[secret.simon]

@JonF

Your friend's situation is complicated by his lack of an Iranian passport. Be that as it may, he may be eligible for getting an ILR on a few different grounds. As an aside, has he got a Biometric Resident Permit (BRP) Card from the Home Office for his current Discretionary Leave to Remain?

Chapter 1; Section 14: "leave outside the immigration rules" (https://www.gov.uk/government/uploads/s ... tion14.pdf) of the Immigration Directorate Instructions offers the following paragraph, which may be of some help.

3.2. Indefinite LOTR (Leave Outside The Rules)
Most persons applying to stay in the United Kingdom will require leave for only a specific, limited period (see para 3.1. above). However, there may be a very small number of instances where it is considered appropriate to grant indefinite LOTR because the particular compelling circumstances of the individual case are such that it is almost certain that there will be no change in circumstances within five years.

It is up to him, with your and other friends assistance, to make a convincing case to the Home Office that there is unlikely to be a change of circumstance in the next five years, as there has been no change in the last five years. I think it is worth stressing that he does not have a current Iranian passport, that all his family is based here and therefore the chances of circumstances changing are very slim to negligible.

He may be also eligible to apply under the 10 years lawful residence (if he has been on discretionary or other valid leave without a single break for that period) or on the basis of private life (if he has spent 20 years, irrespective of legality, in the UK, excluding his time in prison).

Do be aware that the requirements for ILR include character (the time in prison will count against him) and strength of connections to the UK (which should count in his favour).

You will almost certainly need a good immigration solicitor to assist you further as it is a fairly complex case. But there are possibilities and that gives us hope.

Once he gets his ILR, he should hopefully get his Iranian passport. That should regularise his situation somewhat.

His criminal conviction will almost mean that he is not eligible for British citizenship for atleast 10 years as things stand. The rules on good character are at the whim of the Home Secretary and so can change suddenly, literally overnight.

[secret.simon]

@Jonf

There seems to be somebody else in a situation similar to your friend. You may want to contact them to find out how they progressed their issue.

http://www.immigrationboards.com/genera ... 80396.html

[MandeepD]

Contact me on 00000000000"]Hi,
I just came across this board and was hoping someone with experience could explain a few things for me. I understand that the 14 ILR was removed in 2011 or 2012. So is there any option left for people who are stuck? My situation briefly:

Came to UK on student visa Jan 2002,
Extended visa twice,
Got refused extension on the third occasion somewhere around September 2005.
Have overstayed since.
No spouse or family connections.
Also never applied for appeals or asylum etc.

So is there any alternative to the 14 ILR ?

Thanks for any help

Mohammad S[/quote]

[MandeepD]

[Contact me on 00000000000, I can help. spammer"]Hi all

I'm hoping I've come to the right place for some help and advice.
I'm posting this on behalf of a good friend who has been going round in circles for the last 8 years in trying to obtain his citizenship, today he practically had an emotional break down after encountering another hurdle so I've taken it upon myself to help him out.

My friend was quite literally smuggled into this country as a 6 month old baby from Iran by his parents in 1982. He grew up in this country, went to school here, has a family and mortgage and owns a successful small business employing 6 people and I consider him to be just as British as anyone. He has 5 brothers, two of which were born in this country so have citizenship but my friend and his two other brothers were born in Tehran however one of these brothers had a career in professional boxing so was given an exceptional talent visa and eventually married a British girl so is now a citizen.
Unfortunately these boys had a very troubled up bringing as their parents had serious drug habits and this resulted in a life of crime and consequentially a 2 year sentence for my friend in 2006 for nothing more than sheer stupidity
I read the very first post about not being eligible for 15 years after his sentence but can't help but think this case has exceptional circumstances. I consider myself of good character free of any criminal convictions, I am a company director for a London based consultancy working for the mayor and have been good friends with him for nearly 18 years, he truly has turned a new leaf since the conviction and now he's an award winning tattoo artist and his brothers are all very successful one being a professional footballer, another a former WBU world champion boxer (as mentioned) another a director of a successful construction business and another is a signed UK hip hop artist (something in the genes!) I suppose the question I am asking is; do you think if I and his brothers put a strong enough case together we can at least get him a Visa or apply for for citizenship under naturalisation?
He's has been given 6 month Visa's every 6 months for the last 7 years but this has prevented him from obtaining a passport so he has never left the country, he can't even go to France on a day trip!

To add; just recently he managed to obtain his birth certificate from the hospital he was born in Tehran, this is another whole lengthy story I won't bore you with but he moved heaven and earth to get it and went to the Iranian embassy in London today who said they couldn't give him an Iranian passport as he doesn't have a UK visa. This was the last straw for him and I literally saw him break down at the prospect that he will never be able to travel or become a British citizen hence why I feel compelled to help.

I was born in the UK so I'm a British citizen, my father is British however my mother is German so i owe my very existence to the immigration laws in this country and I refuse to accept the situation my friend is in.

Any advice would be very much appreciated.

Regards

Jon[/quote]

[Lydds]

I applied using form DL on 10/2/15 and it returned not valid..I quickly got on this site & found help to fill FORM FLR(O)
3year DLR Was to expire ON 24th February 2015 non assylum
So I quickly applied for an extension for 3 more years
Form FLR(O) sent on 19/2/15
Confirmed on 24/2/15 after paying Home Office £601
Biometrics letter sent to me on 27/2/15
Took my biometrics at post office on 3/3/15..costed £19.20
Today 28/3/15 Ireceived Letter to confirm
My application for a further DLR 3 years granted non assylum
And a letter promising a 7 day wait for my Biometric card.
Iam a happy bunny!
I applied without any consultation from a lawyer,
But worked up a 2nd file to be exactly the same as 1st one that my first lawyer compiled non assylum using FORM FLR(O).
I have lived in UK since 2000, got my first 3yr DLR ON 24/2/12
Now it's been successful & 3 years more has been granted to me, I'm very glad.. That was quick!!..took only a month and 4 days
Lydds



from hquote="kiwigirl25"]Hi All

This thread is all about 14 Year Continuous Residence ILRs, also known as 14 year lawful/unlawful stay (though I note UKBA no longer refers to this category as the latter).

If you've found this thread because you are eligible to apply for your ILR or have already applied and are looking for support. You've made a brave move and prepare yourself for an extension of your long and difficult journey. There is an end now so be patient and try to remain positive. Please don't be too scared to post here. If you have already applied you've declared yourself to UKBA so what's the worse they can do. If you've still to apply you have the right to apply under the 14 year rule so if the UKBA make contact (which I doubt they will) you have this in your favour.

My first advice is find yourself a good immigration solicitor. You can't do this alone. If you were to include the standard documentation or the documentation for other categories you will find the your assigned caseworker will request further information which will hold your application up, or worse case scenario your application will be rejected. If you can't afford a solicitor please do not hesitate to ask for advice as to which documents you should include.

Waiting Times

The published targets for all ILR applications (postal) is 6 months. The 2-3 year wait stated on this board on many occasions is no longer factually correct. 2010 straight-forward applications, on average, receive a response within 8-9 months. Remember you are a paid ILR applicant therefore you have the same rights as any other paid ILR applicant. This right is that after 6 months you can and should complain to UKBA either directly or via your solicitor (I suggest your solicitor as they have plenty of history with UKBA therefore know how to influence UKBA). You may also wish to contact your MP (after the Election). Don't let anyone here convince you that you have to wait 2-3 years.

With regards to contacting UKBA after 14 weeks. They do welcome this on their website but in reality applicants have found this futile. Please do so if you think it will help but expect a scripted response.

If anyone want to start posting personal waiting times like the other ILR categories, please do.

Useful documentation

Caseworker Guidelines -Chapter 18 - Long residence

My bible when applying. Gives you peace of mind that you meet the criteria and what the caseworkers are looking for.

Parliamentary Ombudsman Report (Feb 2010) - http://www.ombudsman.org.uk/pdfs/UKBA-2010-02-09.pdf

This is an official report by the Ombudsman on complaints regarding waiting times for all types of ILR applications. Of interest to 14 year applicants is the finding that 2-3 year waits are unlawful further reiterating that you do not have to wait this longer before complaining.

I will update this thread if any other useful information comes to mind. Feel free to post any information that you think will help. Please note trolling will not be accepted and I will have no hesitation reporting you to the Mods.

As a wise man (or woman) told me:

Flatter me, and I may not believe you. Criticize me, and I may not like you. Ignore me, and I may not forgive you. Encourage me, and I may not forget you. [/quote]

[UKlover]

Hi Lydds,

How did you get the first DLR in 2012? on human rights grounds or having family in the UK.

Thank you.

[almekanu]

Hello
I will be grateful if an expert can advice me on this.

I came to U.K. on a student visa in 2002. On continues renewal until March 2007 I was refused an extension.

Then continue to appeal on till 2009 when I was serve IS96 to report on specific dates to home office and I am still reporting up till now. While I am still appealing to them time after time, I met my fiance in 2009 and get marriage August 2013. We have no child and my wife cannot meet the threshold requirement of £18600 I made several application and appeals but refused.

My wife become a British citizen this year from indefinite status. We have live together for more than 4 years and I have resident in UK for 14 years

Please advice me if I can make an application on 14 years long stay bases or through my fiance even my application under fiance has always being refused.

Thank you

[vinny]

The 14-year Long residence category was abolished in 2012.

[Do-it-right]

I wish if anyone could give some opinion regarding the 14 years continuous residence ILR application. As we already know, this rule has been abolished from 9 July 2012. I now refer to the recent guidance on Long Residence Version 15.0, published on 3 April 2017 below :

https://www.gov.uk/government/uploads/s ... -v15_0.pdf

I refer to page 4 of the above guidance.

"Before 9 July 2012 it was possible to grant long residence after a period of 14 years
continuous residence, but that provision was removed by changes to the Immigration
Rules on that date.
However, a person granted an extension of stay following an application made
before 9 July 2012 can still be considered under the rules in force before that date.
This means a person granted leave to remain on the basis of 14 years residence in
the UK can still be granted ILR once the requirements are met."

I came to the UK on student visa in January 2003. In 2009, my student visa expired and I applied to switch my visa to a student dependent because my husband was also a student at that time. My application was refused. I hired a solicitor to make an appeal but the solicitor made a number of mistakes and my appeal was out of time.

I left the UK on 15 November 2009 and returned on 25 Dec 2009 on Tier 1 Post Study Work visa which ends in December 2011. I then switched to a student visa to study a postgraduate degree (Masters) starting January 2012 to May 2013. In February 2013, thinking that I have completed 10 years continuous residence, I applied for ILR. It was refused. The Home Office claimed that the out of time appeal had left me with an unlawful stay in the UK for a few months. Fortunately, I was granted a 30 months Leave To Remain under Private Life instead.

Till today I have been in the UK for 14 years and 9 months including the unlawful stay.

Considering that I was granted 'an extension of stay following an application made before 9 July 2012' (the student visa for my masters), can I apply ILR under this 14 years route? Hope someone could give some advice please.

[CR001]

I wish if anyone could give some opinion regarding the 14 years continuous residence ILR application. As we already know, this rule has been abolished from 9 July 2012. I now refer to the recent guidance on Long Residence Version 15.0, published on 3 April 2017 below :

https://www.gov.uk/government/uploads/s ... -v15_0.pdf

I refer to page 4 of the above guidance.

"Before 9 July 2012 it was possible to grant long residence after a period of 14 years
continuous residence, but that provision was removed by changes to the Immigration
Rules on that date.
However, a person granted an extension of stay following an application made
before 9 July 2012 can still be considered under the rules in force before that date.
This means a person granted leave to remain on the basis of 14 years residence in
the UK can still be granted ILR once the requirements are met."

I came to the UK on student visa in January 2003. In 2009, my student visa expired and I applied to switch my visa to a student dependent because my husband was also a student at that time. My application was refused. I hired a solicitor to make an appeal but the solicitor made a number of mistakes and my appeal was out of time.

I left the UK on 15 November 2009 and returned on 25 Dec 2009 on Tier 1 Post Study Work visa which ends in December 2011. I then switched to a student visa to study a postgraduate degree (Masters) starting January 2012 to May 2013. In February 2013, thinking that I have completed 10 years continuous residence, I applied for ILR. It was refused. The Home Office claimed that the out of time appeal had left me with an unlawful stay in the UK for a few months. Fortunately, I was granted a 30 months Leave To Remain under Private Life instead.

Till today I have been in the UK for 14 years and 9 months including the unlawful stay.

Considering that I was granted 'an extension of stay following an application made before 9 July 2012' (the student visa for my masters), can I apply ILR under this 14 years route? Hope someone could give some advice please.

No because you were not granted leave to remain at that time on the basis of 14 year residence.

[Do-it-right]

Thanks CR001.