ILR

Client · Post by **Client** » Tue Oct 16, 2007 5:59 pm

Hi there,

Can anyone help me regarding my ILR appliation.

actually, I sent my ILR application (10 Yrs based) on 01 Oct 2007 and aknowledgement letter issued on 02 Oct before forward to Caseworker also my Debit card debited on 02 Oct 2007 and I received aknowledgement on 03 Oct 2007.

I just want to know do you think I will receive my ppt back soon or it will take more. I heard that if caseworker took the fee already then case has alomst confirmed and just waiting for visa, is it right?

Thank you for advise.

VictoriaS · Post by **VictoriaS** » Tue Oct 16, 2007 6:01 pm

It's been with the caseowrker 15 days - you really have to wait.

Just because the fee has been taken that is no sign of approval.

Victoria

SYH · Post by **SYH** » Tue Oct 16, 2007 6:04 pm

They dont take the money after evaluating the application, they take it before so payment does not indicate the applications success

Client · Post by **Client** » Wed Oct 17, 2007 10:13 am

Thank you.

By the way, How long my application will take more in your experience?

Kind regards,

VictoriaS · Post by **VictoriaS** » Wed Oct 17, 2007 5:34 pm

Six weeks or so.

Victoria

sashank · Post by **sashank** » Wed Oct 17, 2007 8:42 pm

Client wrote:Thank you.

By the way, How long my application will take more in your experience?

Kind regards,

My passport came in about 12 working day and one of my friend received his passport in 8 days. All on 10 years long residence basis. Homeoffice is competent these days to deal application quickly provided that your case is straight forward. If straightforward, should not take more than 20 working days. But HO asks about 12 weeks?

Regards
SAS

Post by **John** » Wed Oct 17, 2007 9:19 pm

I heard that if caseworker took the fee ......

Let's be clear about this. The caseworker does not take the fee! The fee is taken at a payment clearance centre in Durham. That is all they do there in Durham, ensure that payment has been made, prior to sending the papers off to an office to deal with the application "for real".

If the payment is not made successfully then the papers will never ever get to a caseworker.

SYH · Post by **SYH** » Sat Nov 03, 2007 10:34 pm

So did you get lucky and get feedback already?

ismangil · Post by **ismangil** » Mon Nov 05, 2007 1:51 pm

SYH wrote:So did you get lucky and get feedback already?

Is luck involved in 10 year ILR? The reason I am asking I got a friend who is preparing to apply. She is going to include living as a dependant as part of the 10 years.

jes2jes · Post by **jes2jes** » Mon Nov 05, 2007 1:59 pm

ismangil wrote:
SYH wrote:So did you get lucky and get feedback already?
Is luck involved in 10 year ILR? The reason I am asking I got a friend who is preparing to apply. She is going to include living as a dependant as part of the 10 years.

So long as all the 10 year residency was legal then it is fine (It can be a combination of different categories so long as it amounts to 10 years).

Bye

Wanderer · Post by **Wanderer** » Mon Nov 05, 2007 2:07 pm

ismangil wrote:
SYH wrote:So did you get lucky and get feedback already?
Is luck involved in 10 year ILR? The reason I am asking I got a friend who is preparing to apply. She is going to include living as a dependant as part of the 10 years.

I'd say luck is needed. I think I read here tales of refusals are being given for the slight gaps or aberations on 10 yr legal stay apps...

peter786 · Post by **peter786** » Mon Nov 05, 2007 5:32 pm

Hi Everybody
I hope someone will advise me regarding my status.

I am a Doctor from Pakistan, I came to this country on 15th September 2000.

Purpose was to take Exam, I was with my wife and one child 6 months old that time.

Initially I was given 6 months visa.
Later on I got clinical attachment in different hospitals and home office gave me visa extensions every six months.

In jan 2004 I applied for the conversion of my visa to HSMP and home office converted it int HSMP.

Then in september 2004 I completed my 4 years in this country and applied for ILR I thought that home office will consider my previous stay as well but it was refused by home office and they replied that i have not completed my 4 years as HSMP so they are refusing it.
After that I got extension 1+3+3
My elder child has become 7 and second one 4 and third 1-1/2.
Now my 5 years are completing in 2009 is there any chance I can apply ILR on basis of my kids???

Post by **vinny** » Mon Nov 05, 2007 11:12 pm

peter786 wrote:Now my 5 years are completing in 2009 is there any chance I can apply ILR on basis of my kids???

See also 135GA and Highly Skilled Migrant Programme (HSMP), HSMP guidance (102-105)

Unfortunately, I don't think that you may apply for ILR on the basis of your kids. However:

104. In addition those applicants who are currently participants in the HSMP, and are applying for permanent residence as a Highly Skilled Migrant, can amalgamate leave granted under the HSMP with other continuous leave from previous work permit employment or from periods under the Innovator category. For example, if you had previously stayed in the UK with 2 years leave for work permit employment and then switched to the HSMP you would normally be eligible to apply for settlement after 3 years in the UK as a highly skilled migrant.

Post by **John** » Mon Nov 05, 2007 11:20 pm

peter786, prior to you getting your HSMP approval, exactly what category of visa did you have? I suspect not WP, is that correct? But what category was it?

Docterror · Post by **Docterror** » Tue Nov 06, 2007 12:38 am

The visas based on extensions for clinical attachments followed in the same vein as the permit-free trianing visas and was a sort of a breed between student visas and residence permits.

While they did not count for ILR under the WP categories, they did count for the the 10 year category.

peter786 · Post by **peter786** » Tue Nov 06, 2007 10:35 am

Dear Friends

I was initially given 6 months visa from Pakistan and I had told visa officer that i am going to take Post Graduate exam but he gave me 6 months visit visa which was extended by home office regularly from 2000-2003 and later on I converted it into HSMP.

Considering the same amalgamation rule I applied for ILR which was refused without any chance of appeal.

So I am still waiting to complete my 5 years after I got HSMP in jan 2004.
Collectively I am in Uk from last seven years.

I have another querry as well, Is it possible that when I get my ILR can I apply for British citizenship or I have to wait for some time.

What about my children which are born in UK will they get ILR or something else.

Thanks for your replies.

jes2jes · Post by **jes2jes** » Tue Nov 06, 2007 11:59 am

peter786 wrote:Dear Friends

I was initially given 6 months visa from Pakistan and I had told visa officer that i am going to take Post Graduate exam but he gave me 6 months visit visa which was extended by home office regularly from 2000-2003 and later on I converted it into HSMP.

Considering the same amalgamation rule I applied for ILR which was refused without any chance of appeal.

So I am still waiting to complete my 5 years after I got HSMP in jan 2004.
Collectively I am in Uk from last seven years.

I have another querry as well, Is it possible that when I get my ILR can I apply for British citizenship or I have to wait for some time.

What about my children which are born in UK will they get ILR or something else.

Thanks for your replies.

Well, you can apply for BC (Naturalisation) exactly one year after ILR is granted and the 5 year residency qualification is met. If your spouse is a BC already then it would be 3 years residency.

Your UK born children can apply for ILR with you alongside your wife too since they are all dependants but this is unnecessary. Wait till you get ILR and proceed immediately to register them as British citizens. Easier option, unless of course they want to travel out of the UK then they would need visa's in their national passports.

peter786 · Post by **peter786** » Tue Nov 06, 2007 12:21 pm

Thanks for your prompt reply

Actually I am confused about 5 years residency, what does that mean?
If I am in this country from last 7 years it doesnot count for it.

peter786 · Post by **peter786** » Tue Nov 06, 2007 12:24 pm

Also if anyone have got an idea why home office has not accepted my previous stay.

jes2jes · Post by **jes2jes** » Tue Nov 06, 2007 12:40 pm

peter786 wrote:Thanks for your prompt reply

Actually I am confused about 5 years residency, what does that mean?
If I am in this country from last 7 years it doesnot count for it.

Read the naturalisation rules on the BIA website and you would understand. Apart from having ILR for one year, you would need to satisfy that you have resided in the UK for exactly five years at the time of the application. If you were married to a BC then it is three years and you can apply immediately on the day you got ILR.

Please read more before possing more questions.

Your seven years in the UK counts for residency but there are absences which need not to have been exceeded (I think it is 180 days but I am not hundred percent since I have not written much about this in a long time!)

jes2jes · Post by **jes2jes** » Tue Nov 06, 2007 12:42 pm

peter786 wrote:Also if anyone have got an idea why home office has not accepted my previous stay.

Because as explained above by other posters, your previous stay did not count towards ILR based on WP and HSMP. Your clock started/stopped ticking with the Visitor/HSMP applications.

But bear in mind that, although this did not count towards ILR it would count for naturalisation. Different rules for different games. Welcome to the world of immigration!

peter786 · Post by **peter786** » Wed Nov 07, 2007 12:26 pm

Do you mean that I can apply for citizenship immediately after getting ilr?

Post by **JAJ** » Wed Nov 07, 2007 12:49 pm

peter786 wrote:Do you mean that I can apply for citizenship immediately after getting ilr?

Unless you are married to a British citizen you need to have ILR for at least 12 months.

William Blake · Post by **William Blake** » Tue Dec 18, 2007 8:50 pm

John wrote:
I heard that if caseworker took the fee ......
Let's be clear about this. The caseworker does not take the fee! .

That's funny. You know what he meant. Oi ! that caseworker took my fee ! Stop him !

William Blake · Post by **William Blake** » Tue Dec 18, 2007 8:52 pm

Would be nice if they took the fee. I think they should introduce a bonus system where the caseworker gets a cut of the fee for every application they approve.

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