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10 years long residence applications

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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Hamzaakbar
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Posts: 12
Joined: Tue Jan 27, 2015 1:59 am

Re: 10 years long residence applications

Post by Hamzaakbar » Tue Jul 21, 2015 7:33 pm

Thanks omor4real
Yes I m applying for my wife FLR M within 14 days

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: 10 years long residence applications

Post by smir » Tue Jul 21, 2015 8:59 pm

You should here from them inshAllah in 2 weeks and once you get apply flr m for wife

or if still within 28 days no reply

apply wife flr fp , attach your set lr acknowledgement with a cover letter explaining that husband set ilr is in process so please keep in hold till husband set lr is decided




189 days is tricky..hope they use discretion


inshAllah it will be ok dont worry.. lot of people got ilr at peo after appeal dismissed or withdrawl.



can you share why 10 years not considered ? what judge said when you quoted 10 years ?

how much your barrister argued ? and why utt permission was refused ??

share so that we can also get some idea..

Hamzaakbar wrote:Hi everyone
(Zee Ali & Sameer)
I would like to discuss my situation
Came to UK April 2005(student).
Got few extensions.
Went back to Pak in September 2010 before visa expire.
Spend 189 days in pak(due to serious illness,got all documents from hospital).
Comeback to UK March 2011 as tire 4 dependent.
Got 1 extension till August 2014.
Applied FLRfp to buy 8 months to reach 10 years.
Refused then on time appeal.
10 years complete.
Mention in appeal and also explain to judge about 10 years.
Appeal dismissed.applied for permission to UTT and refused.
yesterday went to Sheffield with SET LR for premium service got all my documents.
After biometric they took about 2 hours and then she ask me what about your wife and daughter you not applied for them my Solisiter told her we will do postal application FLRm for them.
Then she said (because your passport is not in this office and i can't make decision today i have requested for ur passport as soon as I get it I will continue accordingly)
after 10 minutes she gave us letter stated same words(above)
Any idea what will be next plzz
Many thanks.

Hamzaakbar
Newly Registered
Posts: 12
Joined: Tue Jan 27, 2015 1:59 am

Re: 10 years long residence applications

Post by Hamzaakbar » Tue Jul 21, 2015 9:21 pm

Hi Sameer
Thanks thanks for ur words
I don't know why judge dismissed our appeal be in decision he said HO Respondent also agrees that this family is becoming under article 8. And my self feel that this family is honest. But you have not submitted any application under 10 years. So you not gave a chance to Secretary of State to use discretion for extra 9 days I will suggest you to apply under 10 year asap.
At the end he dismisse our appeal

Hamzaakbar
Newly Registered
Posts: 12
Joined: Tue Jan 27, 2015 1:59 am

Re: 10 years long residence applications

Post by Hamzaakbar » Tue Jul 21, 2015 9:26 pm

Sorry
Smir (not Sameer)
Need prayers bro

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: 10 years long residence applications

Post by smir » Tue Jul 21, 2015 9:49 pm

Thanks


what does 9 days extra means ?

means you were 9 days less in 10 year on the day of appeal at ftt ??

let me know

also what is time line of

date appeal at ftt

date of appeal dismissal letter


appeal to utt


and refusal at utt

and date of application at set lr



you are safe side dont worry, as judge too said that you are honest and apply asap for ilr

you should have shown this letter to case worker..

please share so that i have some idea..

Hamzaakbar wrote:Hi Sameer
Thanks thanks for ur words
I don't know why judge dismissed our appeal be in decision he said HO Respondent also agrees that this family is becoming under article 8. And my self feel that this family is honest. But you have not submitted any application under 10 years. So you not gave a chance to Secretary of State to use discretion for extra 9 days I will suggest you to apply under 10 year asap.
At the end he dismisse our appeal

Hamzaakbar
Newly Registered
Posts: 12
Joined: Tue Jan 27, 2015 1:59 am

Re: 10 years long residence applications

Post by Hamzaakbar » Tue Jul 21, 2015 9:59 pm

Hi smir
Extra 9 day mean I spend 189 days in pak in one go. according to law no more than 180 days.
Yes I attached judge decision with Set LR.
IN SHA ALLAH will share good news with you guys.

What about your case bro ??

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: 10 years long residence applications

Post by smir » Tue Jul 21, 2015 10:31 pm

barrister should have requested judge to remit back case to home office

10 year guidance says as follows

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.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the long residence application and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.
If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.




barrister need to show this page to the judge with paragraph number ..and try to remit case back to home office

Hamzaakbar wrote:Hi smir
Extra 9 day mean I spend 189 days in pak in one go. according to law no more than 180 days.
Yes I attached judge decision with Set LR.
IN SHA ALLAH will share good news with you guys.

What about your case bro ??

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: 10 years long residence applications

Post by smir » Tue Jul 21, 2015 11:05 pm

Check your inbox hamza.
Hamzaakbar wrote:Hi smir
Extra 9 day mean I spend 189 days in pak in one go. according to law no more than 180 days.
Yes I attached judge decision with Set LR.
IN SHA ALLAH will share good news with you guys.

What about your case bro ??

hector_blade
Newly Registered
Posts: 4
Joined: Mon Apr 06, 2015 10:59 pm

Re: 10 years long residence applications

Post by hector_blade » Tue Jul 21, 2015 11:44 pm

Hey Raj,

I am going to glasgow peo on 10th august as well, please share your experience, will be a great relief, thanks.



rajj121 wrote:
wings.007 wrote:Salam Brothers

I have an appointment on PEO next week Wednesday for 10 year Long residence, please i need some comfort I am bit nervous.

My Situation

10 years will complete on 30th July 2015,

I have been student, than I was on PSW, than I applied Tier 1 Entrepreneur Visa expiring next year.

I will be submitting following:
All Passports with clear entry and exit stamps
Current BRP
Masters degree taught in English and point base calculator printout
Life in UK test pass certificate
2 Recent photographs

Photocopies of all of above,

SHOULD I TAKE ANYTHING ELSE WITH ME AS WELL?????
HI,
Please take Printouts of payment and appointment emails as well.
My situation is exactly the same as yours. i am going Glasgow PEO on 6th august.
what is point base calculator, for what?
Good Luck

hector_blade
Newly Registered
Posts: 4
Joined: Mon Apr 06, 2015 10:59 pm

Re: 10 years long residence applications

Post by hector_blade » Wed Jul 22, 2015 12:11 am

Will be going to Glasgow PEO ON 10TH august for SET(LR). Raj please share your experience and i will definitely do mine once done, and good luck to u Raj, All da best.

My case has got two complicacies, so not expecting much:

* 182 days out of uk in a row because of illness.( compassionate ground required), its take a lot of work to make HO feel compassionate now a days.
* Genuine TOEIC exam, January 2012, Toeic just confirmed me they dont store exam datas for more than two years, lets see how HO wants to play the game.

Fingers crossed for everyone and good luck.

hector_blade wrote:Hey Raj,

I am going to glasgow peo on 10th august as well, please share your experience, will be a great relief, thanks.



rajj121 wrote:
wings.007 wrote:Salam Brothers

I have an appointment on PEO next week Wednesday for 10 year Long residence, please i need some comfort I am bit nervous.

My Situation

10 years will complete on 30th July 2015,

I have been student, than I was on PSW, than I applied Tier 1 Entrepreneur Visa expiring next year.

I will be submitting following:
All Passports with clear entry and exit stamps
Current BRP
Masters degree taught in English and point base calculator printout
Life in UK test pass certificate
2 Recent photographs

Photocopies of all of above,

SHOULD I TAKE ANYTHING ELSE WITH ME AS WELL?????
HI,
Please take Printouts of payment and appointment emails as well.
My situation is exactly the same as yours. i am going Glasgow PEO on 6th august.
what is point base calculator, for what?
Good Luck

Hamzaakbar
Newly Registered
Posts: 12
Joined: Tue Jan 27, 2015 1:59 am

Re: 10 years long residence applications

Post by Hamzaakbar » Wed Jul 22, 2015 1:43 am

smir wrote:Check your inbox hamza.
Hamzaakbar wrote:Hi smir
Extra 9 day mean I spend 189 days in pak in one go. according to law no more than 180 days.
Yes I attached judge decision with Set LR.
IN SHA ALLAH will share good news with you guys.

What about your case bro ??
Hi smir can't find inbox how to check??

Hamzaakbar
Newly Registered
Posts: 12
Joined: Tue Jan 27, 2015 1:59 am

Re: 10 years long residence applications

Post by Hamzaakbar » Wed Jul 22, 2015 1:51 am

smir wrote:barrister should have requested judge to remit back case to home office

10 year guidance says as follows

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.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the long residence application and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.
If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.




barrister need to show this page to the judge with paragraph number ..and try to remit case back to home office

Hamzaakbar wrote:Hi smir
Extra 9 day mean I spend 189 days in pak in one go. according to law no more than 180 days.
Yes I attached judge decision with Set LR.
IN SHA ALLAH will share good news with you guys.

What about your case bro ??
Hi smir
I was not main applicant on that application FLR fp

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: 10 years long residence applications

Post by Zee ali » Wed Jul 22, 2015 3:42 am

Hamzaakbar wrote:
smir wrote:Check your inbox hamza.
Hamzaakbar wrote:Hi smir
Extra 9 day mean I spend 189 days in pak in one go. according to law no more than 180 days.
Yes I attached judge decision with Set LR.
IN SHA ALLAH will share good news with you guys.

What about your case bro ??
Hi smir can't find inbox how to check??
@hamza
u need one more post to send and receive pm in your inbox
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

Hamzaakbar
Newly Registered
Posts: 12
Joined: Tue Jan 27, 2015 1:59 am

Re: 10 years long residence applications

Post by Hamzaakbar » Wed Jul 22, 2015 3:47 am

Thanks zee ali
What is ur opinion on my situation brother plzz

Mali1212
Newly Registered
Posts: 9
Joined: Wed Jul 22, 2015 6:26 am

10 year set lr PEO

Post by Mali1212 » Wed Jul 22, 2015 7:04 am

Hi to all
I am applying under set lr and planning to book appointment at P E O however would need some advice from experts..
Date of entry uk. 02. 10. 2005. Student
student extension in may 2008
p s w extension April 2010
back to student extension in June 2012 which was valid until September 2013
I got married in the uk with my wife in January 2013, and she was on tier 1 general visa until September 2013.
I travelled to back home in order to obtain the dependant visa which was granted in may 2013 whilst I had student visa valid and I came back to UK in the may and was away from UK almost 60 days.
I applied as tier 1 general dependant in September 2013 with my wife but home office refused her extension under some very minor issue which was granted by the court and we both received our passports in august 2014 with 3 years visa expiring in 2017.
my wife completed her 10 years so she applied for set lr in October 2014 which granted Feb 2015, hence I did not applied for the visa with her as I might had to travel to my country and so on. I visited few solicitors and they assured me it should not lead any negative impression when I apply my set lr in September 2015.
I have no criminal or civil, and all the extensions were applied in time , but I m so confused with mixed answer that I have to switch my visa first to F l R M and then I can apply for set lr
Please help me with your best of expertise and experience
regards
ali
,

rajj121
Newly Registered
Posts: 17
Joined: Fri May 22, 2015 10:45 pm

Re: 10 years long residence applications

Post by rajj121 » Wed Jul 22, 2015 10:33 am

hector_blade wrote:Hey Raj,

I am going to glasgow peo on 10th august as well, please share your experience, will be a great relief, thanks.
Yes wil share InshaaAllah



rajj121 wrote:
wings.007 wrote:Salam Brothers

I have an appointment on PEO next week Wednesday for 10 year Long residence, please i need some comfort I am bit nervous.

My Situation

10 years will complete on 30th July 2015,

I have been student, than I was on PSW, than I applied Tier 1 Entrepreneur Visa expiring next year.

I will be submitting following:
All Passports with clear entry and exit stamps
Current BRP
Masters degree taught in English and point base calculator printout
Life in UK test pass certificate
2 Recent photographs

Photocopies of all of above,

SHOULD I TAKE ANYTHING ELSE WITH ME AS WELL?????
HI,
Please take Printouts of payment and appointment emails as well.
My situation is exactly the same as yours. i am going Glasgow PEO on 6th august.
what is point base calculator, for what?
Good Luck

GBforum
Newly Registered
Posts: 14
Joined: Mon Jun 15, 2015 4:17 am

Re: 10 years long residence applications

Post by GBforum » Wed Jul 22, 2015 1:15 pm

Dear Zee ali

Thank you for making the situation clear. I have two other query. First, If in the PEO my application been defer and UKVI reply after my visa expire what option(s) i have. Second, I have a dependent and which application she can send. We used to have earning as my Tier 4 curtailed without work right i have to leave the jobs and now i am sort of 2 months payslips which might not covered the income threshold (18600) and on top of that i have no job at the moment. Which application will be suitable for her?

Thank you in advance all the help i have received from the forum.

Basra
Member
Posts: 106
Joined: Tue Jun 18, 2013 12:46 pm

Re: 10 years long residence applications

Post by Basra » Wed Jul 22, 2015 1:27 pm

@zee Ali.
kindly check your mail box.

Khan1980
Junior Member
Posts: 93
Joined: Thu Dec 25, 2014 5:58 pm

Re: 10 years long residence applications

Post by Khan1980 » Wed Jul 22, 2015 1:35 pm

Hello Members and Moderators...
Finally Its my time to share a great new of my approval today. AlhamduAllah by the grace of GOD long wait has been over.
I would like to thank all members and moderators here. It is really great forum and great help here. And I wish the good luck to those who are waiting for their approvals.
My time line and immigration history is a follows...

Student + PSW + EEA2(Unmarried Partner)
Application Sent - 30/03/15
Application Received - 31/03/15
COA - 09/04/15
Bio Metric - 25/04/15
Letter Received for requesting treaty rights and cohabitation proof for EEA partner - 09/07/15 (dated 07/07/15)
Documents Sent on - 16/07/15
Documents Received - 17/07/15
Approval Date - 21/07/15
Documents Received Back - 22/07/15 with approval letter and now waiting for BRP card.
I am really happy and thanks to allmighty Allah and to all my friends here.

Regards
Khan

Basra
Member
Posts: 106
Joined: Tue Jun 18, 2013 12:46 pm

Re: 10 years long residence applications

Post by Basra » Wed Jul 22, 2015 2:02 pm

@ Please advise,
My SET(LR) application has been refused due to one time more than 6 months (19 May2011 to 03 May 2012 absences 349 in one year) absence from UK and due to this my absence are 712 total.
That was happened because my Father was seriously Ill and I have submitted his complete medical record during my absence period. I have submitted covering letter along with my application to describe everything.
Reasons of Refusal:
I was absent from the United Kingdom from 19 May 2011 until 3 May 2012, a single absence of 349 days, in addition, you were absent from United Kingdom for a total 752 days in total in the 10 years. As noted continuous resident is considered broken if an applicant absent more than 6 month continually in one year and more than 540 days in 10 years.
Comments on Medical evidences:
You have leaved on 19 may 2011 and provided the return confirm return ticket 02 july 2011 but you have stayed 349 days.You have provided a doctors letter confirming that your father 68 years old was admitted to hospital and you were eldest member of family it was your moral n emotional and realistic responsibility to deal this situation.
But you have mentioned that at application page 14 you’re younger brother, elder sister and your wife are resident in Pakistan so it is not accepted that it was necessary for you’re to stay there.
Facts of the matter:
My younger brother was study in other city and lived in hostel and he was 20 years old that time. My elder sister got married 15 years ago and living her children n husband in different city, children ages are less than 10 years. My mother was died in 2008 about 7 years ago,, I got married in October 2011 after 4moths of this accident. I and my father were living along in house…so I was entirely my responsibility to deal this situation.
i got right of appeal.
kindly advice me what should i need to do at this stage.
thank you

UKres
Newbie
Posts: 30
Joined: Fri Apr 17, 2015 1:31 pm

Re: 10 years long residence applications

Post by UKres » Wed Jul 22, 2015 2:55 pm

Basra wrote:@ Please advise,
My SET(LR) application has been refused due to one time more than 6 months (19 May2011 to 03 May 2012 absences 349 in one year) absence from UK and due to this my absence are 712 total.
That was happened because my Father was seriously Ill and I have submitted his complete medical record during my absence period. I have submitted covering letter along with my application to describe everything.
Reasons of Refusal:
I was absent from the United Kingdom from 19 May 2011 until 3 May 2012, a single absence of 349 days, in addition, you were absent from United Kingdom for a total 752 days in total in the 10 years. As noted continuous resident is considered broken if an applicant absent more than 6 month continually in one year and more than 540 days in 10 years.
Comments on Medical evidences:
You have leaved on 19 may 2011 and provided the return confirm return ticket 02 july 2011 but you have stayed 349 days.You have provided a doctors letter confirming that your father 68 years old was admitted to hospital and you were eldest member of family it was your moral n emotional and realistic responsibility to deal this situation.
But you have mentioned that at application page 14 you’re younger brother, elder sister and your wife are resident in Pakistan so it is not accepted that it was necessary for you’re to stay there.
Facts of the matter:
My younger brother was study in other city and lived in hostel and he was 20 years old that time. My elder sister got married 15 years ago and living her children n husband in different city, children ages are less than 10 years. My mother was died in 2008 about 7 years ago,, I got married in October 2011 after 4moths of this accident. I and my father were living along in house…so I was entirely my responsibility to deal this situation.
i got right of appeal.
kindly advice me what should i need to do at this stage.
thank you
Hi dear , sorry to hear that, dis you go to
Same day service ?
Go for apeal you have good chance to get the ILR.

Thanks

Basra
Member
Posts: 106
Joined: Tue Jun 18, 2013 12:46 pm

Re: 10 years long residence applications

Post by Basra » Wed Jul 22, 2015 3:23 pm

No my application was postal appliedon 22nd April 2015

jaxx30
Newly Registered
Posts: 13
Joined: Fri Jun 12, 2015 11:54 am

Re: 10 years long residence applications

Post by jaxx30 » Wed Jul 22, 2015 3:41 pm

jaxx30 wrote:
jaxx30 wrote:Hi everyone. I do hope im on the right forum and page. I would like to ask the expects aboutr my situation. Here it goes. It will be 10 years for me on september 10 but my current visa expires on the 6th of september. The entry clearance in my passport is 16 august 2005 but i think i came on the 10th of sep 2005. The thing is i came from the republic of ireland and in the passport it doesnt show a stamp to show which date i came over here as ireland is EU. So is it okay for me to apply for long residence the 10yr one. And if so when do i qualify for the 10yr. 16 august or 10sep. Im really confused. And can i also apply even though the 10 years is short buy 4 days. Thank you all in advance.
vplease help im very. Confused

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: 10 years long residence applications

Post by smir » Wed Jul 22, 2015 4:51 pm

now you need a good barrister who is able to write good grounds and reasons and who can explain in good way in skeleton argument





dont just hook to any tom dick or harry

find a good barrister who can represent u in the court very well and who argues in front of judge


majority barrister cant even speak a work in front of judge
Basra wrote:No my application was postal appliedon 22nd April 2015

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: 10 years long residence applications

Post by Zee ali » Wed Jul 22, 2015 5:29 pm

Khan1980 wrote:Hello Members and Moderators...
Finally Its my time to share a great new of my approval today. AlhamduAllah by the grace of GOD long wait has been over.
I would like to thank all members and moderators here. It is really great forum and great help here. And I wish the good luck to those who are waiting for their approvals.
My time line and immigration history is a follows...

Student + PSW + EEA2(Unmarried Partner)
Application Sent - 30/03/15
Application Received - 31/03/15
COA - 09/04/15
Bio Metric - 25/04/15
Letter Received for requesting treaty rights and cohabitation proof for EEA partner - 09/07/15 (dated 07/07/15)
Documents Sent on - 16/07/15
Documents Received - 17/07/15
Approval Date - 21/07/15
Documents Received Back - 22/07/15 with approval letter and now waiting for BRP card.
I am really happy and thanks to allmighty Allah and to all my friends here.

Regards
Khan
Congrats Khan. Really happy for u. One more settled. Hip Hip Hurrray.
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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