Long Residence (10 years) SET (LR) applications

[geriatrix]

Please do not post queries regarding dependants (PBS / Non-PBS) of someone applying for SET(LR) in this topic. Read this topic (click) and post any queries that you may have regarding dependants in the Immigration for family members forum.

This topic is only for queries about "settlement under long residence" route. Please post your SET(LR) queries here.



Apply to settle in the UK: long residence
Form SET(LR)
English language requirements for settlement
Long Residence guidance
Immigration rules 276A - 276D

[october2013]

Hello all, please a quick advise. I got my ILR over a yr ago. My hubby currently has a spousal 10 yr route 30 month Visa. He was only issued this in February though he will be 10 yrs in the UK in August
Is he able to still apply for ILR or is he stuck with the 10 yr spouse dependant visa

[geriatrix]

Hello all, please a quick advise. I got my ILR over a yr ago. My hubby currently has a spousal 10 yr route 30 month Visa. He was only issued this in February though he will be 10 yrs in the UK in August
Is he able to still apply for ILR or is he stuck with the 10 yr spouse dependant visa

He may apply for settlement under LR (LR includes all types of legal stay in the UK during the 10 year qualifying period).

[october2013]

Hi thank you for your reply. I read somewhere that if you are given the 10 yr spousal family partner visa, it cancels any time previously spent in the UK.

Is this the case?

Because hubby had legal stay as a student then PSW, then 3C (For a total of 9yrs 5 months) before been granted Spousal visa in February this year. and so he will be 10 yrs complete later on this yr. And we dont want to spend £1800 for ILR if its not correct hence my question

[dominoman]

Update... ILR Residence permit card arrived today! Woohooo. Now just need to apply for the British passport.

My dates, in case it helps anyone else:

Update:
Application : SET (LR) 10 year long residence POSTAL application
Application sent: 29 March 2016
Application Received: 30 March 2016
Payment deducted: 1 April 2016
Acknowledgement letter received : Nope. Apparently they no longer send these.
BRP letter received : 19th April 2016
ILR received: ... 4th May 2016

So overall just over 5 weeks start to finish.

It was a straightforward ILR, 10 years. Around 250 days of travel, spread out over 10 years. Several jobs, incuding some contracting, but mostly PAYE. Form filled in myself without using a service. Easy enough to do.

Good luck everyone!

[CR001]

Hi thank you for your reply. I read somewhere that if you are given the 10 yr spousal family partner visa, it cancels any time previously spent in the UK.

Is this the case?

Because hubby had legal stay as a student then PSW, then 3C (For a total of 9yrs 5 months) before been granted Spousal visa in February this year. and so he will be 10 yrs complete later on this yr. And we dont want to spend £1800 for ILR if its not correct hence my question

No, he does not lose his time already spent. Unless you can provide a link of where you read it 'somewhere', it is not accurate.

[SaadiaSaeed]

Hi,
I am planning to apply ILR on base of 10 years long residence. In came is country in April 2006 and sebequently extended my visa.
In 2013 my entrepreneur visa was refused, appeal in first tier tribunal, appeal dismissed, there were 5 days to seek permission from first tier to appeal in upper tribunal but my solicitor failed to do so due to some fax issues. He submitted the application on 7th day which was out of time. The first tier tribunal judge accepted the excuse, granted extention of time and permission to appeal in upper tribunal too.
Later appeal dismissed from upper tribunal, permission to appeal in court of appeal from upper tribunal refused. Now I withdrawn permission to appeal from court of appeal to apply ILR.
The dilemma is, there was gap when my solicitor submitted out of time application but my 3c was resurrected after the permission is grated.This all happened in 2014.
Now in 2016 as home office published new 3c guidance according to this once 3c is broken can't be resurrected for out of time appeal even tribunal accepted this.
What do you think home office will apply new 3c act or the 3c act was in 2014.

[geriatrix]

What do you think home office will apply new 3c act or the 3c act was in 2014.

I stand to be corrected but AFAIK the "Act" has not changed. The new guidance only clarifies something that was either not clear before (in previous versions of the guidance) or perhaps was being interpreted wrongly and (the interpretation) has been "clarified" by judges as part of a judgement in a case (?).

[SaadiaSaeed]

My question is that my 3c leave was broken on 28th March when my solicitor delayed the submission but resurrected on 9 May when judge accepted the application for permission to appeal in upper tribunal. That is the gap 11 days, which is less than 28 days disregarding period.( according to 3c act 2014)
The recent 3c act March 2016 states that if someone makes a out of time appeal or permission even the judge accepted the permission,can't resurrect the 3c. According to this then my 3c was broken in 2014 and still is broken.
So confused which 3c act ukvi apply on my application the 10 years long residence?

[geriatrix]

Do you have it in writing that the judge extended your leave under section 3c upon receiving an out of time request for permission to appeal in the UT? Or are you assuming that because an out of time request for permission to appeal in UT was accepted means that your section 3c leave was resurrected by the judge? It is not clear which one of the two it was with you.

Anyways, given that the matter has been made clear in the new guidance, I believe a judge today could say, if the matter goes to court, that the judge who resurrected your section 3c leave (if that is so) was wrong in interpreting the law.

I would suggest that you consult a competent solicitor on this.

[iahsan]

Can I apply 28 days or less before the completion of 10yrs?

I entered UK on June 08, 2006; -28 days that's 12th May 2016, so can I apply on or after 12th May.

The case worker guidelines say I can but is that a reliable reference?

[geriatrix]

The case worker guidelines say I can but is that a reliable reference?

If that isn't, then what is?

[iahsan]

Well the case worker guidelines says 'you can consider' not 'you should', does that make any difference then?

[CR001]

Well the case worker guidelines says 'you can consider' not 'you should', does that make any difference then?

No. You are overthinking this. It is a well known fact (for many years) that applications for ILR (for any visa category) can be submitted WITHIN 28 days before reaching 5 or 10 years qualifying date.

[JamesBlack]

My current leave Tier Entrepreneur expires June 2016
10 years complete October 2016
If apply 28 days before its September 2016

I am short of 90 days for SET (LR) eligibility.
Apart from normal Entrepreneur Extension application route

In June 2016 Can I apply 4 months before for my SET (LR) via post.

What are possible outcomes
If gets refused/ rejected do I get chance to apply a fresh application or Entrepreneur Extension.

Or will it be end of the road?

What will happen if SET (LR) application stays pending till September 2016 when I become eligible for 10 years application anyways?

Or if I send SET (LR) application along with all the Entrepreneur Extension documents to avoid cost of 3 applications(myself & 2 dependants)?

Thanks in advance and please guide.
Many renowned Solicitors have given me different advices.

[JamesBlack]

Seems to be no replies at all ; ((

[paru.org]

Seems to be no replies at all ; ((

i am in same boat, senior members plz reply

[paru.org]

i think u shd go 4 tier 1 extension and then vary ur application to SET lr..

[JamesBlack]

thanks for the reply. This seems very simple. but if extension gets refused early and AR as well. 10 years struggle will be lost.
Also Tier 1 Extension fee+ cost is about 8K for 3 applications. if successful then 90 days later SET LR And SET M is another 9K.

[Plzilr]

thanks for the reply. This seems very simple. but if extension gets refused early and AR as well. 10 years struggle will be lost.
Also Tier 1 Extension fee+ cost is about 8K for 3 applications. if successful then 90 days later SET LR And SET M is another 9K.

so james are you aware which date the cw considers? if you will be posting application 4 months earlier and suppose by the time cw start process your application and that time you reach your ten years do you think cw would still process application as people says cw considers the date of posting application?

regards

[maxflip50]

This is about IRL – Long Resident

As per ILR application requirements for documents submitted, you should submit all previous passports hold during qualifying period.

You should also provide all previous passports and/or travel documents that you have used to travel to and remain in the United Kingdom.
(ILR Application (LR) v03/2106, page 9)

All the passports you have held during this time. If you cannot provide them all, you must provide the passports you have together with any Home Office letter(s) or other document(s) granting you leave to enter and/or remain in the UK. You should also provide documents of the type listed below to show that you were continuously resident in the UK during any periods for which you are unable to provide a passport.
(ILR Application (LR) v03/2106, page 24)

And, I cannot provide any of the listed documents.

However, I hold copies of previous passports but it is not certified though.

Please advise what should I do in this matter?

Many thanks,

[JamesBlack]

so james are you aware which date the cw considers? if you will be posting application 4 months earlier and suppose by the time cw start process your application and that time you reach your ten years do you think cw would still process application as people says cw considers the date of posting application?

regards[/quote]


I still haven't decided.
There is a split opinion about cw consideration of date etc.

Yes and No both.

However I more interested to know what If CW refuses the application due to before time.

WHAT OPTIONS WIL HE GIVE ME.

coz by the time if he refuses at at least 1-2 months have at least passed. Hence 9 years and 11 months will be quite near.

So far I haven't got an answer for this from anywhere ; ((((

[paru.org]

thanks for the reply. This seems very simple. but if extension gets refused early and AR as well. 10 years struggle will be lost.
Also Tier 1 Extension fee+ cost is about 8K for 3 applications. if successful then 90 days later SET LR And SET M is another 9K.

timing is very important, u need to apply for tier 1 extension first, then vary ur application to ILR, just after 2-3 days of giving biometrics, i think by that way u will gain sufficient time, u need to do that with some good solicitor

[allegheny722]

Immigration gurus (this is regarding ILR),

I applied for a Tier 2 visa extension mid 2015 and Home Office sat on the application for 3-4 months awaiting for me to submit an additional fee on basis that my job was not on the shortage occupation list (EVEN THOUGH IT WAS).Upon receiving the request I submitted the paperwork to have the fee deducted from my account immediately but no amount was taken. After 3 months from the day I submitted the application and wIthout informing me that they were now going to decline my application, the HO wrote to my sponsor stating that I did not have the right to work. I did not have my passports nor any other documents returned at this point. As a desperate act I wrote to the Cardiff Office and they agreed to take the fee and process the application, subsequently issuing the Biometric Residence Permit from Nov 2016 as opposed to June 2016 thereby leaving a gap of over 4 months. Now I plan to apply for the ILR on the basis of long residency and question is can I use the 3C rule to compensate for this gap?

Thanks in advance.

[modernslavery]

Hi,

I have been in his country for 10 years.

Working holiday 2 years + EEA family members 5 years + Tier 2 general current.
I have IELTS certificate valid and degree confirming from NARIC that I have studied in English.

Do I still need to pass life in UK test? I am planning to apply for ILR visa.

Thanks and would appreciate your response.