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Long Residence vs 5 year work visa + CCJ

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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violetgreen
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Long Residence vs 5 year work visa + CCJ

Post by violetgreen » Mon Feb 11, 2019 8:22 am

I appreciate any advice / experience from members of the forum.

Firstly,I have a CCJ in my home country for a study loan. I did offer to make monthly payments but because this is with a private company and not a bank, they made it difficult for me and insist that I pay it all in one lump sum. Unfortunately £50k is not a small amount. I have made an appeal to the Court to ask for monthly payments but oddly enough they took the company's side. So I do not have proof that I am making the payments although I'm trying to gather the funds to make the one lump sum payment.

For my application:

I reached the 10 year mark of being in the UK Sept 2018 ( tier 4 + tier 1 PSW + tier 2). I was planning on applying for my ILR using the premium service in Oct but had a hard time getting appointments due to the slow internet connection. Could not get a date booked in eventhough I waited until midnight for newly released dates! I was travelling in late Nov so didn't want to risk it so I put off the application.

Then I found out they changed the system. It made me nervous. From what I understand, there is no longer a 'premium' service where you will meet an officer face to face and all documents to be scan and uploaded via the new system, is that right? Also I will be on Tier 2 for 5 years on 31/03/2019. I've been with the same company since I went on Tier 2.

So my questions:
1) what is the maximum number of years you can stay to apply using the long-residence route? I want to check that I have not 'overstayed'.
2) which is easier: using the 10 year long residence route or the 5 year route on work visa? For the latter, I will need to wait until early march before I can apply (28 days prior right?)
3) the application doesn't ask for any documentation for CCJ proof so what can I provide to support my case? For example, a cover letter to give details and supporting documents or just don't provide anything since it was not specified in the list of documents to be submitted for the application. I do have a letter from the company's lawyer sent after my court appeal that says they will only accept one lump payment which can be used as proof. My issue is I have no clue what I should say in this supporting letter. I have talked to a solicitor and from the 'free consultation' that they gave me, they said they will probably include a covering letter. They quoted £600 to do the ILR application for me and I think that is really steep considering I've completed the application form.

Thank you in advance.

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zimba
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Re: Long Residence vs 5 year work visa + CCJ

Post by zimba » Mon Feb 11, 2019 5:21 pm

1) what is the maximum number of years you can stay to apply using the long-residence route? I want to check that I have not 'overstayed'.
There is no max years, 10 years and above is eligible for long residence
2) which is easier: using the 10 year long residence route or the 5 year route on work visa? For the latter, I will need to wait until early march before I can apply (28 days prior right?)
There is no easy. Each route has its own conditions. Long residence can have adverse effect for your dependents ILR if you have any
3) the application doesn't ask for any documentation for CCJ proof so what can I provide to support my case? For example, a cover letter to give details and supporting documents or just don't provide anything since it was not specified in the list of documents to be submitted for the application. I do have a letter from the company's lawyer sent after my court appeal that says they will only accept one lump payment which can be used as proof. My issue is I have no clue what I should say in this supporting letter. I have talked to a solicitor and from the 'free consultation' that they gave me, they said they will probably include a covering letter. They quoted £600 to do the ILR application for me and I think that is really steep considering I've completed the application form.
Having debt in your country is not relevant in the UK. A court order in your country has no legal standing here.
In the UK, student loan rules are different and you do not get a CCJ for a student/study loan :?
Debt in the UK is a civil issue and generally has no effect on your ILR (citizenship is different)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

violetgreen
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Re: Long Residence vs 5 year work visa + CCJ

Post by violetgreen » Mon Feb 11, 2019 9:44 pm

Zimba wrote:
Mon Feb 11, 2019 5:21 pm
Having debt in your country is not relevant in the UK. A court order in your country has no legal standing here.
In the UK, student loan rules are different and you do not get a CCJ for a student/study loan :?
Debt in the UK is a civil issue and generally has no effect on your ILR (citizenship is different)
Appreciate the response Zimba! The application is confusing because the question asks "At any time have you ever had any of the following, in the UK or any other country?" and one of the bullet point was a civil court judgement, for example, non-payment of debt. So I should answer no then?

I don't have a dependent so I'm thinking LR route looks easier, although the other confusion is that the question asked about family/friends/any social group/cultural ties in country of birth or any other country that applicants have lived for more than 5 years and to provide details. Im not sure how much detail they need as giving my entire family tree might be an overkill!

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zimba
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Re: Long Residence vs 5 year work visa + CCJ

Post by zimba » Tue Feb 12, 2019 1:49 am

A CCJ in the UK means a COUNTY court judgement and NOT a civil court judgment. Civil court judgements are for criminal matters. The terminology is a bit confusing but as I explained personal debt is a civil issue not a criminal matter.
Having debt is not a crime. I repeat again that a debt dispute in your country is irrelevant here :!:

For the question on cultural ties, simply answer you have family and friends there. That question is not important at all and has no effect on ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

violetgreen
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Re: Long Residence vs 5 year work visa + CCJ

Post by violetgreen » Tue Feb 12, 2019 8:43 am

Zimba wrote:
Tue Feb 12, 2019 1:49 am
A CCJ in the UK means a COUNTY court judgement and NOT a civil court judgment. Civil court judgements are for criminal matters. The terminology is a bit confusing but as I explained personal debt is a civil issue not a criminal matter.
Having debt is not a crime. I repeat again that a debt dispute in your country is irrelevant here :!:

For the question on cultural ties, simply answer you have family and friends there. That question is not important at all and has no effect on ILR
Thanks for clarifying. I appreciate you!

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