10 years long residence applications

[effell007]

Hi All,
Syukur Alhamdulilah. Finally I got my approval today after 1 year miserable waiting. Thanks everyone for all your support and continuously updating the current issues and sharing your experience.

salam effell007 bro,
Why your application took so long, have you had a TOEIC history as well?

thanks

You forgot to ask, has he been to any Interview ?
also was his interview came after quite a lot of wait.
basically two things

I do not have any TOEIC issue. It was mystery why they took so long.

[mii4]

Hi,
Apologies for re-posting it, I was having problem editing my previous thread.
Need help on the following, would appreciate if someone can.

Following on to my case, I have received my SAR to share some of the information and would appreciate if you could guide me to apply for ILR.
quick recap:

during my 10 years stay, once my student visa was refused, given right to appeal, appeal was dismissed, reconsideration was refused and later went for High court appeal. During this period I finished my degree and did apply for PSW and got it. I am on Tier 2 now.

SAR:

my SAR document says:

Immigration Judge Hearing>>Dismissed>>12 Feb 2009.
High Court Reviewer (Filter)>>Refused>>02 Mar 2009
High Court Review>>>>Refused>>03-Aug 2009
PSW>>Application raised on 12-Aug2009>>Grant L.T.R. 15-Sept 2009

Minutes/Notes from PSW case worker:
*Control Immigration*
In Time Application (YES).
--------
Parts of the CID Search Summary Report are as follow:
Applic/Raised Date>> Case Type >> Outcome
19-Jan-07>> Student/student Nurse-LTR>> GRANT- L.T.R.
11-Jan>> Student/student Nurse-LTR>> GRANT- L.T.R.
26-Aug-08>> Student/student Nurse-LTR>> REFUSE L.T.R.- R.O.A.
12-Aug-08>> T1 HS- (Revised)Post Study-Int>> GRANT- L.T.R.
14-Sep-14>> T2 SW- General Migrant- LTR>> GRANT- L.T.R.
----------

Could you please guide me if I would be fine with my ILR application on 10 years long residence.
Would appreciate your feedback.

Kind Regards,

[jamalshah]

Hi,I want to apply for ILR on 10 years basis.
my current visa status is Tier 1 general expiry may 2016.
shall I be asked by home office about my accounts/tax for the time when i was in tier 1 general visa.

Q.2 . can I apply 28 days before 10 years on premium service.

[af1136]

Hi all, my tier 4 application was rejected with a right of appeal. I appealed HO's with the help of a solicitor and got a hearing date in January 2016. But I have already qualified for the 10 years long residence on the 2nd of september this year. As far as I know, now I can withdraw the appeal and apply for 10 years long residence as my stay is legal.

Now the problem is my solicitor is saying that It is better to wait till the appeal date and tell the judge to direct the HO to consider my 10 year application on the day of hearing. And he is telling me that there is a risk of application being refused if I withdraw the appeal and put the 10 year application as he is saying that there is changes in rules for the cases of my type.

I am really confused here about whether to wait till january 2016 or apply now and also the genuineness of risk which my solicitor is talking about as I have never heard about it.

I need some good suggestions please.

Thanks in advance

[smir]

If you have no gap or issues in your last 10 years


Then better withdraw appeal and book peo same day at Sheffield


But only if you are confident that there is no gap in last 10 years or overstaying

Hi all, my tier 4 application was rejected with a right of appeal. I appealed HO's with the help of a solicitor and got a hearing date in January 2016. But I have already qualified for the 10 years long residence on the 2nd of september this year. As far as I know, now I can withdraw the appeal and apply for 10 years long residence as my stay is legal.

Now the problem is my solicitor is saying that It is better to wait till the appeal date and tell the judge to direct the HO to consider my 10 year application on the day of hearing. And he is telling me that there is a risk of application being refused if I withdraw the appeal and put the 10 year application as he is saying that there is changes in rules for the cases of my type.

I am really confused here about whether to wait till january 2016 or apply now and also the genuineness of risk which my solicitor is talking about as I have never heard about it.

I need some good suggestions please.

Thanks in advance

[Makbrumiz]

Hi,

I withdrawn my appeal and submitted my "ILR" application after confirming from court about my appeal withdrawn. (Still Waiting my Decision)

BUT my friend has in same scenario because his solicitor saying wait till appeal hearing but unfortunately his appeal hearing has not come yet.

I do not know, why are solicitors making kind of this confusion? you can read 3C and 3D rules where you can read, withdraw your application and confirm from court and submit your application on same day but on "ILR" guidance say that you can add "Priority" letter with your appeal hearing bundle to court.

Even I seen a lot of guys withdrawn an appeal and submitted "IRL" application and got visas on this forum and Google timeline.

Please Obie, Amber, Vinny and any other senior moderator put some light on it.

Thanks

[af1136]

If you have no gap or issues in your last 10 years


Then better withdraw appeal and book peo same day at Sheffield


But only if you are confident that there is no gap in last 10 years or overstaying

Hi all, my tier 4 application was rejected with a right of appeal. I appealed HO's with the help of a solicitor and got a hearing date in January 2016. But I have already qualified for the 10 years long residence on the 2nd of september this year. As far as I know, now I can withdraw the appeal and apply for 10 years long residence as my stay is legal.

Now the problem is my solicitor is saying that It is better to wait till the appeal date and tell the judge to direct the HO to consider my 10 year application on the day of hearing. And he is telling me that there is a risk of application being refused if I withdraw the appeal and put the 10 year application as he is saying that there is changes in rules for the cases of my type.

I am really confused here about whether to wait till january 2016 or apply now and also the genuineness of risk which my solicitor is talking about as I have never heard about it.

I need some good suggestions please.

Thanks in advance

Thank you smir for the quick reply. Yes i don't have any gap in my continuous residence. It is now hopefully clear that that I can withdraw my appeal anytime now and can apply for the 10 years long residence. But I don't want to go for a premium service and want to post my application. Will there be any issues?

Thanks again

[af1136]

Hi,

I withdrawn my appeal and submitted my "ILR" application after confirming from court about my appeal withdrawn. (Still Waiting my Decision)

BUT my friend has in same scenario because his solicitor saying wait till appeal hearing but unfortunately his appeal hearing has not come yet.

I do not know, why are solicitors making kind of this confusion? you can read 3C and 3D rules where you can read, withdraw your application and confirm from court and submit your application on same day but on "ILR" guidance say that you can add "Priority" letter with your appeal hearing bundle to court.

Even I seen a lot of guys withdrawn an appeal and submitted "IRL" application and got visas on this forum and Google timeline.

Please Obie, Amber, Vinny and any other senior moderator put some light on it.

Thanks

Thank you makbrumiz for the reply. I will be waiting for the updates from your application. I am sometimes thinking that the solicitor is trying to he safe here and sometimes think that they want to delay the process so that they generate more revenues out of us. Don't really understand what they want.

Anyways when did you submit your ILR applucation? As in how long has it been? Have you given the biometrics?

Thanks again

[Quickreply]

Hi,

I withdrawn my appeal and submitted my "ILR" application after confirming from court about my appeal withdrawn. (Still Waiting my Decision)

BUT my friend has in same scenario because his solicitor saying wait till appeal hearing but unfortunately his appeal hearing has not come yet.

I do not know, why are solicitors making kind of this confusion? you can read 3C and 3D rules where you can read, withdraw your application and confirm from court and submit your application on same day but on "ILR" guidance say that you can add "Priority" letter with your appeal hearing bundle to court.

Even I seen a lot of guys withdrawn an appeal and submitted "IRL" application and got visas on this forum and Google timeline.

Please Obie, Amber, Vinny and any other senior moderator put some light on it.

Thanks

Thank you makbrumiz for the reply. I will be waiting for the updates from your application. I am sometimes thinking that the solicitor is trying to he safe here and sometimes think that they want to delay the process so that they generate more revenues out of us. Don't really understand what they want.

Anyways when did you submit your ILR applucation? As in how long has it been? Have you given the biometrics?

Thanks again

One of my friend withdrawn his appeal and got approval in 12 weeks.
What solicitor talking also right .
But now you can go for same day service .. Within 28 days of withdrawal your application .
So you can get visa on same day, sometimes they tell that they doesn't have your passport and may take 2-3 weeks.

If you wait judge to redirect the case to home office it may take upto one year as your hearing date still after 3 month.

I am not a legal advisor just sharing some experiences .

[Makbrumiz]

Hi,

I withdrawn my appeal on 24/07/2015 and confirmed by Tribunal to logged my appeal as withdrawn and submitted an application same day. Please guys try to submit application on same day after confirmed to Tribunal.

Timeline:
Application Submitted: 24/07/2015
Biometric Received: 29/07/2015
Biometric Done: 03/08/2015
Decision: Waiting.................

[mii4]

Hi,
Apologies for re-posting it, I was having problem editing my previous thread.
Need help on the following, would appreciate if someone can.

Following on to my case, I have received my SAR to share some of the information and would appreciate if you could guide me to apply for ILR.
quick recap:

during my 10 years stay, once my student visa was refused, given right to appeal, appeal was dismissed, reconsideration was refused and later went for High court appeal. During this period I finished my degree and did apply for PSW and got it. I am on Tier 2 now.

SAR:

my SAR document says:

Immigration Judge Hearing>>Dismissed>>12 Feb 2009.
High Court Reviewer (Filter)>>Refused>>02 Mar 2009
High Court Review>>>>Refused>>03-Aug 2009
PSW>>Application raised on 12-Aug2009>>Grant L.T.R. 15-Sept 2009

Minutes/Notes from PSW case worker:
*Control Immigration*
In Time Application (YES).
--------
Parts of the CID Search Summary Report are as follow:
Applic/Raised Date>> Case Type >> Outcome
19-Jan-07>> Student/student Nurse-LTR>> GRANT- L.T.R.
11-Jan>> Student/student Nurse-LTR>> GRANT- L.T.R.
26-Aug-08>> Student/student Nurse-LTR>> REFUSE L.T.R.- R.O.A.
12-Aug-08>> T1 HS- (Revised)Post Study-Int>> GRANT- L.T.R.
14-Sep-14>> T2 SW- General Migrant- LTR>> GRANT- L.T.R.
----------

Could you please guide me if I would be fine with my ILR application on 10 years long residence.
Would appreciate your feedback.

Kind Regards,

Hi guys,

Any advice as soon as possible on this issue would help a lot.

Thanks,

[Uranium235]

Hi,

I withdrawn my appeal on 24/07/2015 and confirmed by Tribunal to logged my appeal as withdrawn and submitted an application same day. Please guys try to submit application on same day after confirmed to Tribunal.

Timeline:
Application Submitted: 24/07/2015
Biometric Received: 29/07/2015
Biometric Done: 03/08/2015
Decision: Waiting.................

Mak , From previous cases that is the most safest strategy to deal with appeal application and file for ILR. Given the current timescale you should receive the good news within 2 weeks. Please share the good news as and when you receive it. Thx

[Makbrumiz]

Hi,

I totally agree with you to choose the safest way but you have option to do that.

Well I'm just sharing my views & Inshallah as soon as I receive decision I'll definitely share with you guys.

Today story: I went to solicitor with my friend. He's is same scenario to withdraw appeal & submit SET (LR). He was saying, if you withdraw your appeal "might be case worker consider you are overstayed when your visa got refused" believe or not I was literally argue with him. How can you say that? 3C & 3D cover his time period while he's in appeal & his 3C will ends when he withdraw his appeal. I told him to check long residency guidance & also 3C & 3D rules as well.

Now he is going to withdraw his appeal tomorrow & submitting his SET(LR) application tomorrow.

Please take legal advice before taking any step. Every person & individual case has different circumstances.

Thanks

[Survivor07]

-----Heads Up-------------

I know of a confirmed case in Aug'15 wherein the applicant applied for FLR FP and was immediately refused however given the right of appeal. But before the applicant could lodge and get confirmation of appeal the UKBA enforcement team rammed through his front door and locked him up in detention centre. The applicant was in there for sometime and was released after his lawyer filed for Judical Review.

The time period between refusal and application for appeal and withdrawal of appeal and fresh application makes the applicant very vulnerable and contingency plans should be in place to deal with any eventuality.

[janazaif]

So what is the safe option
Apply same day when withdrawal confirmation arrive?
Apply same day when you fax for withdrawal of appeal?
Apply by post within 28 days?
Apply by premium service within 28 days?

[ffjr414]

Hi all,
i am going to apply for ILR 10 years based next year in march. currently i am holding entrepreneur visa which will be finished april 2016. now my question is :-

1. shall i need to show any business document with my ILR application ?

[Makbrumiz]

Hi,

#Survivor07

I am sorry that kind of unfortunate happened.

Would you like to share that case and applicant immigration history?

I know most of them happened and might be still happening because of TOEIC issue.

Thanks

[Omor4real]

Hi,

#Survivor07

I am sorry that kind of unfortunate happened.

Would you like to share that case and applicant immigration history?

I know most of them happened and might be still happening because of TOEIC issue.

Thanks

Survivor that person might just be unfortunate, or probably tell them to tell you full story, i mean immigration history.
With the solicitors telling you to wait till appeal date, have they told you what will happen if your appeal is not allowed. The story is you are back to being an overstayer then you will make your ilr as an overstayer.

if your appeal is allowed, then you wait for HO to decide if is going to appeal against it or not. if they decided not to appeal then you wait for about 6 months for them to issue you the visa.

if you are satisfy with your immigration history withdraw the appeal, request for the withdrawal using tribunal email, that will be faster. if your employer is around your neck use premium that way you can get it around 2 weeks. if not use the postal, but my advise if you have money go to that premium, you will spent less going through the appeal process.

[svatuk]

Hi Every one

please help, did anyone have previous deception and ILR granted?

Many thanks in advance.

svatuk

[Aazarz]

Hi All,

=ILR 10 years long term
=Applied October 2014
=TOEIC have done & used for visa extension on November 2011
=Interview Called & given in London to TM TEAM through SKYPE in first week of September 2015
=Now waiting for HO reply since last 1 month

Plz share the interviews result if there is any.

King Regard

[mamujtaba1811]

hi

1.) I got a visa issue in india 09th Jan 2006 and I entered in the uk 19th Feb 2006 entry clearance.
My question is from which date my 10 years will completed.
Visa issue date in india 09th jan 2006 or 19th feb 2006 entry clearance.

2.) Do i get 28 day grace period in ILR 10 year long residence or i have to complete 10 years.

3.) I have pass Life in UK test 3rd edition in April 2014. I'm applying for ILR in 2016 so in case If 4th edition come do I still have to write Life in UK test again?

I appreciate you.

[shah_ah]

Hi
I got refusal today according to them

“Application of 22 Feb 2008 was rejected on 19 March 2008. You were then given a 28 day period under the provisions of Section 3C of the immigration act 1971 to submit another application. You then submitted a new application on 14 April 2008. This application was also rejected on 9 May 2008. The immigration rules state that if a second application is submitted within 28 days and that is also subsequently rejected, leave will not be extended further under the provision of Section 3C of the Immigration Act 1971. It is consider that at this point your continuous residence was broken”

came in UK in 05 october 2005. My all applications were on time and granted. Currently on Tier 1 Entrepreneur valid until March 2017. they have given me appeal rights.

On 22 February 2008 submitted in time application which was returned on 19 march 2008 asking for further documents that are following
1. Bank statement of my sponsor for last 3 months
2. Letter from my sponsor that he is supporting me in UK
3. Evidence that they have given me money
Home office letter state that “you must return the application using the enclosed return address label. If you do not return your application within 28 days in a manner that complies with all the above mentioned requirements, the application will be invalidated and the fees will be refunded”
Then I sent this application back to Home Office on 14 April 2008 with the application form valid on that date
Then on 9 may 2008 the Home office rejected the application again which was submitted on 14 April 2008 saying that the application must be made using the correct specified form. Keeping in mind the new application form was published on 28 April 2008 but the application was sent on 14 April 2008.

On 29 may 2008 I have sent the application with new application form that was valid for the applications made on or after 28 April 2008 as mentioned in the form but as the application was made on 14 April 2008 which is 14 days before they changed the application form. the application was approved on 24 august 2008

can anyone tell me what should i do? Should I appeal

thanks

[Survivor07]

Hi Omar

Just spoke to him briefly after he was out of detention . The applicant in question had couple of 3C cases and college closed down but everything was in time and it was all continuous legal stay.However short of 11 months for 10 yrs. I cant get hold of him now as he is off the radar now.

So basically once the appeal is withdrawn and until the decision is reached on ILR app you mean to say the applicant is overstayer and at the mercy of UKBA.Please correct me if Im wrong.

@Mamuj -Date of entry to UK is your start date and you can apply 28 days before completion .

@Svatuk- What kind of deception are we talking about

@

[svatuk]

Hi Omar

Just spoke to him briefly after he was out of detention . The applicant in question had couple of 3C cases and college closed down but everything was in time and it was all continuous legal stay.However short of 11 months for 10 yrs. I cant get hold of him now as he is off the radar now.

So basically once the appeal is withdrawn and until the decision is reached on ILR app you mean to say the applicant is overstayer and at the mercy of UKBA.Please correct me if Im wrong.

@Mamuj -Date of entry to UK is your start date and you can apply 28 days before completion .

@Svatuk- What kind of deception are we talking about

@

Thanks for the reply

I have received my SAR few days ago with bunch of around 180 papers. One of them dated as back in November 2008 saying, I have used false bank statement in the application of hsmp entry clearance hence further visa applications will be refused until September 2018. I have submitted my uncles bank statement who was my sponsor. Actually I have withdrawn my HSMP entry clearance application voluntarily in September 2008 but the visa refusal letter saying November 2008. How can it be possible. HO processed my application after my withdrawal and returned documents?

I am worrying now to apply for my ILR LR. Any suggestions please..

[Omor4real]

Survivor 07
That is right once you withdrew an appeal, you will be making the new application as an over-stayer. That is why i stressed that the person should be certain about their immigration history.

In addition to this, if you decided to add your 10 years as additional ground, just have it in your mind that is 50/50. That means some judge will allowed it, while some will say you completed the 10 years after the application that was refused and they won't allow your appeal.

This decision is about taking a calculated risk. You should know the one that suit you.