Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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Makbrumiz
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by Makbrumiz » Thu Jul 02, 2015 10:36 am
Need urgent Advice from Gurus
Hi Everyone,
Ref: ILR applying on 10 years long residency basis
Is is break up period or any gap in continuity.
"According to SAR File"
I applied my extension in mid of October 2006 but I already had valid leave until 31-10-2006. Home office sent 1 letter in October 2006 because some documents missing and address was not written on application form. My college attached documents and sent it back to home office but did not write home address (In SAR File written "Reject") but my application was in time and valid and Home office sent 2nd letter in November 2006 because address was not written on form again then they wrote on "minutes and Notes" (Rejecting and invalidating application) then they issued visa on 02-01-2007.
I can understand that happened in 2006 and I really do not know, what was immigration rules on that time.
I came to UK 19-08-2005. I'm looking to apply "ILR" on long residency basis. I applied Entrepreneur in July 2014 which an application got refused and my appeal hearing is on 28-July-15.
1: Can I apply "ILR" 28 days prior whether my case is in appeal?
2: Does any affect on my continuity according to these SAR notes and minutes?
3: Where do I stand if I apply "ILR" and what do you think about outcome of case?
4: Does these minutes/case notes consider when applicant apply for "ILR"?
5: Do these "minutes/notes going to damage my 10 years continuity?
6: Does that period count as an overstayed, if it does what kind of serious consequences I would face on my "ILR" application?
I'll much appreciate if you can assist me and give me right direction.
Please help me out.
Thanks
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Makbrumiz
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by Makbrumiz » Mon Jul 06, 2015 11:21 am
Need Urgent Advice
Is it anyone here to help me out?
Thanks
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Zee ali
- Diamond Member
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by Zee ali » Mon Jul 06, 2015 6:12 pm
Makbrumiz wrote:Need urgent Advice from Gurus
Hi Everyone,
Ref: ILR applying on 10 years long residency basis
Is is break up period or any gap in continuity.
"According to SAR File"
I applied my extension in mid of October 2006 but I already had valid leave until 31-10-2006. Home office sent 1 letter in October 2006 because some documents missing and address was not written on application form. My college attached documents and sent it back to home office but did not write home address (In SAR File written "Reject") but my application was in time and valid and Home office sent 2nd letter in November 2006 because address was not written on form again then they wrote on "minutes and Notes" (Rejecting and invalidating application) then they issued visa on 02-01-2007.
I can understand that happened in 2006 and I really do not know, what was immigration rules on that time.
I came to UK 19-08-2005. I'm looking to apply "ILR" on long residency basis. I applied Entrepreneur in July 2014 which an application got refused and my appeal hearing is on 28-July-15.
1: Can I apply "ILR" 28 days prior whether my case is in appeal?
Yes u can. But pass 2 to 3 days more just for safe side. U can even use Premium service. But chances r 50 50
2: Does any affect on my continuity according to these SAR notes and minutes?
Did they sent your application back as invalid and u applied again? Be more clear on that
3: Where do I stand if I apply "ILR" and what do you think about outcome of case?
Sorry i dont have a magic or crystal ball to see future things
4: Does these minutes/case notes consider when applicant apply for "ILR"?
Yes caseworker will and can look for anything in your last 10 years record.
5: Do these "minutes/notes going to damage my 10 years continuity?
If your application didn't come back as invalid than u will be fine
6: Does that period count as an overstayed, if it does what kind of serious consequences I would face on my "ILR" application?
I'll much appreciate if you can assist me and give me right direction.
Please help me out.
Thanks
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided
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Makbrumiz
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by Makbrumiz » Tue Jul 07, 2015 10:47 am
Hi,
Thanks for your reply.
Yes I will apply about 25 days prior to complete 10 years. Sorry I did not get that (chances are 50-50)
I can not use premium service because I do not have my passport with me.
Reject and Invalid: Yes they sent application back because the address was missing on application form but through out that process I don't think, I used new application form and I made payment with Postal Order and they received payment. My application was "In-time and Valid" according to SAR report until I got visa.
I know 28 days overstay rule came in October 2012 but what rule was in 2006?
I have consulted, he says, If you applied and they "rejecting and invalidating" your application and do not get visa within 6 months then it will consider gap but I have not read anywhere that kind of thing at the moment.
Rule 34A, 34C and 34CA. I know rule which is in "Long Residency" guidelines, if the application "Reject and Invalid" they give single opportunity to amend the error in certain provided time and send it back.
Thanks
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vinny
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by vinny » Tue Jul 07, 2015 11:01 am
1. You
cannot make an application while there is an on-going appeal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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Makbrumiz
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by Makbrumiz » Tue Jul 07, 2015 11:21 am
Thanks Vinny,
I really do not remember what happened that time but after seeing my "SAR" report then I remembered something happened that time but "HO" issued a visa. I think they asked documents and missing address on application from first time then college sent documents but did not write address on application form. They asked again for complete the application form.
I am exercising "right of appeal" on 3C which covers my time period while I am on an appeal.
I submitted my "Entrepreneur" application "in-time" so I come under 3C according to "Long Residency" which I can withdraw my appeal and submit my "IRL" application.
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vinny
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by vinny » Tue Jul 07, 2015 1:30 pm
There is also the following option:
Long residence wrote:The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal
A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is
not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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Makbrumiz
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by Makbrumiz » Tue Jul 07, 2015 1:36 pm
Yes I know appeal point which I will cover it but I am more worried about hiccup which that happened in 2006.
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Makbrumiz
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by Makbrumiz » Tue Sep 22, 2015 4:18 pm
Hi Guys,
I applied for ILR Long Residency application on 24/07/2015 done BRP and waiting....... (On Google Documents)
I withdrawn my appeal and submitted my "ILR application" on same day. (Did I do right thing?) It was Tier 1 general appeal.
As soon as any update come then I will post it here.
Whoever got "ILR" congrats for them and whoever waiting "Best of Luck".
Please remember me in your prayers.
Thanks