Long residence - short of a couple of months

[cheska88]

Hello everyone,
I am also in the same boat as gameover_786, 68 (40+28) days short of being eligible for 10 years long residency.
I was granted Pre-Tier 4 Entry Clearance as student on 16th Feb’06, valid until 31st Oct ‘09 and entered the UK on 8th Mar ‘06. I have valid leave until 31st Dec 2015. My ten year anniversary is on 8th Mar’16, and I qualify for long residency 28 days prior on 9th Feb 2016. However, my current leave expires on New Years Eve!

My solicitor insists on making a direct application for ILR (SET(LR)) before my current leave expires (around 29th Dec ‘15). His rationale is that the application is not likely to be decided at the HO, before I qualify for ILR (9th Feb ’16), owing to the holiday period and employing delaying tactics such as payment by cheque, delaying biometrics etc. And even if it is a refusal, it will carry the right of appeal as my application is made before the expiry of current leave.

However, the general consensus in this forum seem to suggest applying under FLR(FP), then varying it to ILR when qualified. Having been badly burnt by a bogus solicitor before, I cannot help but be wary of this one. After all, it’s nearly six weeks that needs to be covered.

Experts, I have a few questions; I realise some of them might be quite silly but I am pretty confused and will appreciate any comments.
1. Is my solicitor right in suggesting that I can get away with applying directly for ILR? Or should I apply FLR (FP) and then vary as I qualify for ILR? Am I even eligible to apply using form FLR (FP)? On what basis can I apply?
2. Does applying more than 28 days prior to the qualifying period render an ILR application invalid?
3. For the purpose of 10 year ILR, does the qualifying period start from the date of receiving entry clearance (16th Feb ’06) or from the date of entering the UK?
4. Would refusal on an application made before the expiry of current leave, automatically carry with it in country appeal/ administrative review rights?

Sorry about the essay; I was never much good at summarising. I would really appreciate if anyone can kindly confirm these for me. It would put my mind at rest and I am sure will help many others. Thank you in advance.

Regards, Cheska

Hi guys,

I have got only 6 weeks left before current leave expires and now i need to make the final decision to which option i should take to get the extra time to complete my 10 years.

The option for applying for ILR and then skipping the Bio-metric is a risky option which i would take if there are no other safe options.

Second option is to apply for FLR and then vary the application. That sounds less risky and have worked for many users before. Here is the questions if I go with FLR what form should i fill in? Is it FLR(FP) or FLR (LR)? I have my wife as dependent and she needs to apply for leave at the same time.

Thank you very much all for your help.

Regards

[Zee ali]

Hello everyone,
I am also in the same boat as gameover_786, 68 (40+28) days short of being eligible for 10 years long residency.
I was granted Pre-Tier 4 Entry Clearance as student on 16th Feb’06, valid until 31st Oct ‘09 and entered the UK on 8th Mar ‘06. I have valid leave until 31st Dec 2015. My ten year anniversary is on 8th Mar’16, and I qualify for long residency 28 days prior on 9th Feb 2016. However, my current leave expires on New Years Eve!

My solicitor insists on making a direct application for ILR (SET(LR)) before my current leave expires (around 29th Dec ‘15). His rationale is that the application is not likely to be decided at the HO, before I qualify for ILR (9th Feb ’16), owing to the holiday period and employing delaying tactics such as payment by cheque, delaying biometrics etc. And even if it is a refusal, it will carry the right of appeal as my application is made before the expiry of current leave.

However, the general consensus in this forum seem to suggest applying under FLR(FP), then varying it to ILR when qualified. Having been badly burnt by a bogus solicitor before, I cannot help but be wary of this one. After all, it’s nearly six weeks that needs to be covered.

Experts, I have a few questions; I realise some of them might be quite silly but I am pretty confused and will appreciate any comments.
1. Is my solicitor right in suggesting that I can get away with applying directly for ILR? Or should I apply FLR (FP) and then vary as I qualify for ILR? Am I even eligible to apply using form FLR (FP)? On what basis can I apply?
2. Does applying more than 28 days prior to the qualifying period render an ILR application invalid?
3. For the purpose of 10 year ILR, does the qualifying period start from the date of receiving entry clearance (16th Feb ’06) or from the date of entering the UK?
4. Would refusal on an application made before the expiry of current leave, automatically carry with it in country appeal/ administrative review rights?

Sorry about the essay; I was never much good at summarising. I would really appreciate if anyone can kindly confirm these for me. It would put my mind at rest and I am sure will help many others. Thank you in advance.

Regards, Cheska

Hi guys,

I have got only 6 weeks left before current leave expires and now i need to make the final decision to which option i should take to get the extra time to complete my 10 years.

The option for applying for ILR and then skipping the Bio-metric is a risky option which i would take if there are no other safe options.

Second option is to apply for FLR and then vary the application. That sounds less risky and have worked for many users before. Here is the questions if I go with FLR what form should i fill in? Is it FLR(FP) or FLR (LR)? I have my wife as dependent and she needs to apply for leave at the same time.

Thank you very much all for your help.

Regards

My suggestion for u is to apply flr fp and than vary it to set lr once u qualify for 10 years long residency.

if u go with your solicitor advise technically u would not qualify for ILR at the date of application. and if caseworker refuse your application on that basis than u will be in trouble.

Both of u apply flr fp u vary to set lr and request HO to put her application on hold until u get your ILR

[gameover_786]

Hello everyone,
I am also in the same boat as gameover_786, 68 (40+28) days short of being eligible for 10 years long residency.
I was granted Pre-Tier 4 Entry Clearance as student on 16th Feb’06, valid until 31st Oct ‘09 and entered the UK on 8th Mar ‘06. I have valid leave until 31st Dec 2015. My ten year anniversary is on 8th Mar’16, and I qualify for long residency 28 days prior on 9th Feb 2016. However, my current leave expires on New Years Eve!

My solicitor insists on making a direct application for ILR (SET(LR)) before my current leave expires (around 29th Dec ‘15). His rationale is that the application is not likely to be decided at the HO, before I qualify for ILR (9th Feb ’16), owing to the holiday period and employing delaying tactics such as payment by cheque, delaying biometrics etc. And even if it is a refusal, it will carry the right of appeal as my application is made before the expiry of current leave.

However, the general consensus in this forum seem to suggest applying under FLR(FP), then varying it to ILR when qualified. Having been badly burnt by a bogus solicitor before, I cannot help but be wary of this one. After all, it’s nearly six weeks that needs to be covered.

Experts, I have a few questions; I realise some of them might be quite silly but I am pretty confused and will appreciate any comments.
1. Is my solicitor right in suggesting that I can get away with applying directly for ILR? Or should I apply FLR (FP) and then vary as I qualify for ILR? Am I even eligible to apply using form FLR (FP)? On what basis can I apply?
2. Does applying more than 28 days prior to the qualifying period render an ILR application invalid?
3. For the purpose of 10 year ILR, does the qualifying period start from the date of receiving entry clearance (16th Feb ’06) or from the date of entering the UK?
4. Would refusal on an application made before the expiry of current leave, automatically carry with it in country appeal/ administrative review rights?

Sorry about the essay; I was never much good at summarising. I would really appreciate if anyone can kindly confirm these for me. It would put my mind at rest and I am sure will help many others. Thank you in advance.

Regards, Cheska

Hi guys,

I have got only 6 weeks left before current leave expires and now i need to make the final decision to which option i should take to get the extra time to complete my 10 years.

The option for applying for ILR and then skipping the Bio-metric is a risky option which i would take if there are no other safe options.

Second option is to apply for FLR and then vary the application. That sounds less risky and have worked for many users before. Here is the questions if I go with FLR what form should i fill in? Is it FLR(FP) or FLR (LR)? I have my wife as dependent and she needs to apply for leave at the same time.

Thank you very much all for your help.

Regards

Hi Cheska,

My suggestion for you is to apply on the last day of your leave for FLR(FP) on private life (10year) route and if you have any dependant you can apply for them at the same time. I am going to do the same myself as this is the safer option than applying FLR(LR). Only thing is additional fee for the visa application and IHS and if you have dependant then the cost could go high but you can get the refund for all this once you vary the application to SET(LR).

Keep it in mind it will take about 6-8 weeks for home office to decide on an application in a normal circumstance considering that HO has no backlog etc but if you apply some delaying tactics like going for bio on the last day you require to register can get you some vital time. We can apply 28 days before we qualify for SET(LR).

Hope that helps and I will keep you all posted once I post my application to HO.

Regards

[cheska88]

Thank you Zee Ali and Gameover for your responses.

FLR (FP) it is then.
Gameover, are you using a solicitor to make your application?
Also how much is the visa fees for FLR ( FP) including the IHS surcharge? I have no dependants.

Thanks,
Cheska

[gameover_786]

Thank you Zee Ali and Gameover for your responses.

FLR (FP) it is then.
Gameover, are you using a solicitor to make your application?
Also how much is the visa fees for FLR ( FP) including the IHS surcharge? I have no dependants.

Thanks,
Cheska

Hi Cheska,

I am applying without any solicitor. It is the same as other FLR applications and IHS is £500.

Thanks

[cheska88]

Hi Gameover, thanks for that.
I am also considering making the FLR ( FP ) application without a solicitor to make up my shortfall between 1/1/16 to 9/2/16.

I was going through the forums and discovered that SET (LR) can be applied at a PEO as well.
I was wondering if I could get away with making an in person rather than a postal application, given that ILR postal applications can take anything between 4 to 8

months to be processed.
My question is it possible to vary an application for SET (LR) at PEO, bearing in mind I'll have none of my documents. They will already be at the home office with my FLR ( FP ) application.
Zee Ali, Gameover, any forum experts or anyone in this situation, what are your experiences/ thoughts?

Cheska

[haris_zam]

yes cheska you can do that , actually a forum member here has successfully done this . but when u send you flr just send current passport and retain other old passports , i am not sure but i will try to give u a link to that post . the guy went on the window but got ilr in 2 weeks sunce he disnt have his current passport , i'd say its still not bad and he also got his flr money refunded...

[cheska88]

Hi Haris_zam, thank you for your response.
Glad to hear that some one has successfully varied their application to ILR at a PEO. Was this member in similar situation to myself as in he had submitted FLR(FP) and had no documents such as passports, BRP etc with him when he applied SET(LR) in person? Which PEO did he attend? Also is applying in person an altogether riskier option given my situation (I'm varying an application, I've had one visa rejection in 2011 granted in appeal, therefore mine is not quite a straightforward case)
If you could please link me to the post it will be most helpful.
You also suggested that I do not send my previous passport with my FLR(FP) application. I'm wondering if that is possible as my current passport is only one month old and has not been used at all. I have only one expired passport that has my initial entry clearance and all entry and exit stamps.

Thanks,
Cheska

[Zee ali]

Hi Haris_zam, thank you for your response.
Glad to hear that some one has successfully varied their application to ILR at a PEO. Was this member in similar situation to myself as in he had submitted FLR(FP) and had no documents such as passports, BRP etc with him when he applied SET(LR) in person? Which PEO did he attend? Also is applying in person an altogether riskier option given my situation (I'm varying an application, I've had one visa rejection in 2011 granted in appeal, therefore mine is not quite a straightforward case)
If you could please link me to the post it will be most helpful.
You also suggested that I do not send my previous passport with my FLR(FP) application. I'm wondering if that is possible as my current passport is only one month old and has not been used at all. I have only one expired passport that has my initial entry clearance and all entry and exit stamps.

Thanks,
Cheska

Hi
yes it is possible to vary your flr fp to set lr at peo . But u wont get decision same day.

Someone advise u to just send your current passport with flr fp not the previous. Why he said that? any reason behind it.

I think u should submit all of your passports with flr fp. Try to make PEO appointment at sheffield as flr fp application dealt there. If u r lucky enough and depend upon caseworker if he can gat your passport same day from the bank (where they keep all the passports).

[cheska88]

Thanks Zee Ali and everyone else, your comments as usual are forever helpful.

Been reading the forums and I'm now totally confused re my dates. I'm going to summarise it here.

1. Pre tier 4 entry clearance issued: 16th Feb 2006 valid until 31st Oct 2009. (Q #1)
2. Entry to the UK: 8th March 2006.
3. Tier 4 G extension: On time, at Croydon PEO, valid until 31st Oct 2010.
4. Tier 4 G extension: On time, at Croydon PEO, valid until 19th Oct 2011.
5. Tier 1 PSW application on 14th Oct 2011, declined based on qualification being professional rather than academic, granted on appeal at FTT on 21st Mar 2012, valid until 21st Mar 2014. (Q #2)
6. Tier 4 G application: Made on 31st Mar 2014, 10 days after expiry of current valid leave, due to university refusing to issue CAS at last minute as my professional qualification was not enough to satisfy the English language requirement. Application made at Cardiff PEO, in association with university and leave granted same day on 31st Mar 2014, valid upto 31st Dec 2015. (Q #3)
(7. My 10 year anniversary is on 8th Mar 2016 and I qualify for the ILR application 28 days before. I'm short 68 days (40+28) to my 10 year anniversary (Q #4))

Q #1. I imagine, I'm correctly assuming that my 10 years commence from 8th Mar 2006 (date of entry to the UK) rather than date of entry clearance stamp which is 16th Feb 2006?
Q #2. My initial application for Tier 1 PSW was made on 14th Oct 2011(before expiry of leave (19th Oct 2011)) and the subsequent appeal was made within the five day deadline, although hearing date wasn't until much later. Is my 10 years continuous residence intact here?
Q #3. My out of time Tier 4 G application was made and granted on 31st Mar 2014, 10 days after the expiry of leave on 21st Mar 2014. Has my continuous residence been broken in relation to SET(LR) as it falls within the 28 days grace period after expiry of visa?
Q #4 I make the date I qualify for ILR as 9th Feb 2015 (10 years less 28 days?) If anyone can please corroborate as I need the date to be accurate if I intend to make an in person appointment. Sorry if this is quite silly.

Apologies for the long post. Can anyone please clarify if 10 years continuous residence has been broken anywhere?

Regards,

Cheska

[cheska88]

Also re: above post, does my situation seem straightforward enough to make an in person ILR application?

Zee Ali, you mentioned Sheffield PEO, has any forum member successfully made this application there and is there a link to the post? I searched for it but couldn't find anything.

Thanks,
Cheska

[Zee ali]

Thanks Zee Ali and everyone else, your comments as usual are forever helpful.

Been reading the forums and I'm now totally confused re my dates. I'm going to summarise it here.

1. Pre tier 4 entry clearance issued: 16th Feb 2006 valid until 31st Oct 2009. (Q #1)
2. Entry to the UK: 8th March 2006.
3. Tier 4 G extension: On time, at Croydon PEO, valid until 31st Oct 2010.
4. Tier 4 G extension: On time, at Croydon PEO, valid until 19th Oct 2011.
5. Tier 1 PSW application on 14th Oct 2011, declined based on qualification being professional rather than academic, granted on appeal at FTT on 21st Mar 2012, valid until 21st Mar 2014. (Q #2)
6. Tier 4 G application: Made on 31st Mar 2014, 10 days after expiry of current valid leave, due to university refusing to issue CAS at last minute as my professional qualification was not enough to satisfy the English language requirement. Application made at Cardiff PEO, in association with university and leave granted same day on 31st Mar 2014, valid upto 31st Dec 2015. (Q #3)
(7. My 10 year anniversary is on 8th Mar 2016 and I qualify for the ILR application 28 days before. I'm short 68 days (40+28) to my 10 year anniversary (Q #4))

Q #1. I imagine, I'm correctly assuming that my 10 years commence from 8th Mar 2006 (date of entry to the UK) rather than date of entry clearance stamp which is 16th Feb 2006?
Q #2. My initial application for Tier 1 PSW was made on 14th Oct 2011(before expiry of leave (19th Oct 2011)) and the subsequent appeal was made within the five day deadline, although hearing date wasn't until much later. Is my 10 years continuous residence intact here?
Q #3. My out of time Tier 4 G application was made and granted on 31st Mar 2014, 10 days after the expiry of leave on 21st Mar 2014. Has my continuous residence been broken in relation to SET(LR) as it falls within the 28 days grace period after expiry of visa?
Q #4 I make the date I qualify for ILR as 9th Feb 2015 (10 years less 28 days?) If anyone can please corroborate as I need the date to be accurate if I intend to make an in person appointment. Sorry if this is quite silly.

Apologies for the long post. Can anyone please clarify if 10 years continuous residence has been broken anywhere?

Regards,

Cheska

U r fine. Request SAR (Subject Access Report) Immigration history to make sure everything is in order and match your timeline. SAR Should arrive within 40 days after apply. fees is 10 pound.

[Zee ali]

Also re: above post, does my situation seem straightforward enough to make an in person ILR application?

Zee Ali, you mentioned Sheffield PEO, has any forum member successfully made this application there and is there a link to the post? I searched for it but couldn't find anything.

Thanks,
Cheska

Read This

http://www.immigrationboards.com/indefi ... l#p1199330

[Singh21]

Hello Everyone

I am new member in this forum. My question is
I am 7 month short for my 10 year ILR and I am planning to submit FLR (FP) application.
- My only worry is if I will still get right of appeal when they refuse the application.
- If unfortunately someone does not get right of appeal then can a person go for Judicial Review?
- Also, Please let me know, how this judicial review works.

Hope you guys can help me.

Many thanks
Singh21

[Singh21]

Hello Everyone

I am new member in this forum. My question is
I am 7 month short for my 10 year ILR and I am planning to submit FLR (FP) application.
- My only worry is if I will still get right of appeal when they refuse the application.
- If unfortunately someone does not get right of appeal then can a person go for Judicial Review?
- Also, Please let me know, how this judicial review works.

Hope you guys can help me.

Many thanks
Singh21

[gameover_786]

Hello Everyone

I am new member in this forum. My question is
I am 7 month short for my 10 year ILR and I am planning to submit FLR (FP) application.
- My only worry is if I will still get right of appeal when they refuse the application.
- If unfortunately someone does not get right of appeal then can a person go for Judicial Review?
- Also, Please let me know, how this judicial review works.

Hope you guys can help me.

Many thanks
Singh21

Hi Singh21,

No body can guarantee you that you will get the right of appeal or judicial review. People have got the right of appeal in the past if you read some posts and some has not received.

I am not too sure about your other questions.


regards

[Singh21]

Hello Everyone

I am new member in this forum. My question is
I am 7 month short for my 10 year ILR and I am planning to submit FLR (FP) application.
- My only worry is if I will still get right of appeal when they refuse the application.
- If unfortunately someone does not get right of appeal then can a person go for Judicial Review?
- Also, Please let me know, how this judicial review works.

Hope you guys can help me.

Many thanks
Singh21

Hi Singh21,

No body can guarantee you that you will get the right of appeal or judicial review. People have got the right of appeal in the past if you read some posts and some has not received.

I am not too sure about your other questions.


regards

Hi

Thanks for your reply
I would like to know if there is no right of appeal for flr fp application then what would be the next step.

Does home office give us right for judicial review?

Thanks

[jupiter2016]

Hi Singh21, I had a refusal of FLR Fp in September , no right of appeal, JR in process now. Also Is96 received.

[Singh21]

Hi Singh21, I had a refusal of FLR Fp in September , no right of appeal, JR in process now. Also Is96 received.

Hi there

Can we go for judicial review regardless whatever division HO make. Or does home office has to give ur right to go for judicial review.

Also, if we go for judicial review, does it count towards 10 year lawful period.

What is [ 96 received] you mentioned in your post.

Thanks for replying

[jupiter2016]

http://www.immigrationboards.com/genera ... 52-60.html

[cheska88]

Hey Zee Ali, many thanks for your replies. Most helpful.

Cheska

[gameover_786]

Hi guys,

Quick one can i still work if my FLR (FP) is in Process? Today my HR manager told me that my COS is expiring 22 Nov 15 while my leave is expiring on the 08/12/15. She told me i can not work unless i apply for some sort of leave to remian in the UK and once i get the confirmation from HO i can pass that to her which she will ask HO to verify then she can let me work.
I know the HR manager is right but not too sure if i would be able to work on FLR(FP) application.

Could someone please let me know?

Regards

[cadnica]

Dear members
Date application 7th Oct biometric letter 28 Oct will go for bio metric on 13 Nov
My solicitor applied Flr o for myself and my wife. He did not applied for my 2 month and 4 years old children but he attached their UK birth certificates.
In cover letter he wrote bcoz my 2nd baby is only 2 months old that's why cant travel then he mentioned list of human right case reference to link my situation.
That is the update. I need time up until 23rd of march 2016 for exact 10 year's
Regards
Omer

[Singh21]

Hello Everyone

Please help me to choose the right application form.

I have been redundant from my work and my curtailment 60 days will finish on first week of Jan 2016. From January next year I still need 7 months to reach 10 years lawful stay in the country. I have tried to get another sponsor but unfortunately no one is willing to sponsor. I have only option now is to apply for private life in the uk with my dependent.

My confusion is, which is the right form for private life in uk
FLR(o) or FLR(fp)
I am looking to apply for ILR once I completed 10 years in uk.
My solicitor has told me to go for FLR(o) but I get confused with HO guidelines.

Please share your knowledge and explain in detail.


Thanks
Singh

[gameover_786]

Hi all,

It's about time to file my application so I have chosen to apply FLR(FP) private life with my wife as dependant. I am going to send all my passports and have kept photocopies of them when I vary to ILR.
Could someone advise what other documents do I need other than bank statements and letter from employer?

Many thanks and I will keep you guys posted