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PLEASE WHICH ONLINE FORM TO FILL SET (0) or SET (LR)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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JOHFR2014
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IS 10 YEARS LONG RESIDENCE (ILR) STILL POSSIBLE

Post by JOHFR2014 » Sun Mar 24, 2019 9:47 pm

GOOD DAY MY ABLE MODERATORS, ADMINISTRATORS,RESPECTED GURUS AND SENIOR COLLEAGUES ,PLEASE KINDLY ADVICE

MY QUESTION IS , IS LEGAL STAY STILL INTACT F0R THE PURPOSE OF 10 YEARS LONG RESIDENCE APPLICATION?

MY IMMIGRATION HISTORY ARE AS FOLLOWS
ENTER UK IN MAY 2005 AS STUDENT
RENEWED STUDENT VISA/POST STUDY VISA UP TILL JULY 2013
WIFE ENTERED UK 2006
2 CHILDREN ENTERED UK 2007
APPLIED FOR FLR(0) 2013 BEFORE LEAVE EXPIRED
FLR(0) APPLICATION REFUSED WITH APPEAL RIGHT
FIRST TIER TRIBUNAL DISMISSED THE APPEAL 2014
APPLIED TO UPPER TRIBUNAL BUT WITHDREW AND FILED FLR(FP) THE SAME DAY IN 2014
NEW FLR(FP) IN 2014 WAS REFUSED WITHOUT APPEAL RIGHT
PAP WAS SENT WITHIN 28 DAYS OF RECEIVING THE REFUSAL LETTER
JUDCIIAL REVIEW WAS SENT LATER AFTER HOME OFFICE REPLIED THAT THEY MAINTAIN THEIR STANCE
JUDICIAL REVIEW WAS WITHDREW AFTER CONSENT ORDER WHICH RESULT INTO THREE MONTHS RECONSIDERATION OF MY CASE AND PAYMENT OF JUDICIAL REVIEW COST BY HOME OFFICE
RECONSIDERATION RESULTED INTO REFUSAL LETTER WITH APPEAL RIGHT
APPEAL ALLOWED BY FIRST TIER JUDGE 2017
2.5YRS VISA ISSUED IN 2017
GOT BRITISH DAUGHTER OVER 18 YEARS NOW
14YEARS OLD SON HAS BEEN IN UK FOR ALMOST 12YEARS
WIFE HAS BEEN IN UK FOR ALMOST 13YEARS

FROM SAR REQUESTED IN 2019 FROM SAR HOME OFFICE
INFORMATION OBTAINED
1 THAT THE VISA ISSUED IN 2017 WAS FROM 2014 APPLICATION( THE SAME DAY APPLICATION SENT AFTER WITHDREW THE APPEAL FROM UPPER TRIBUNAL OF THE FIRST FLR(O) THAT WAS REFUSED WITHOUT APPEAL RIGHT THAT WENT TRHOUGH JUDICIAL REVIEW PROCESS UNTIL VISA WAS ISSUED.

2 IN 2015 STATED ON SAR,WORKING ILLEGALLY BASED ON NEGATIVE RESPONSE FROM HOME OFFICE BY MY EMPLOYER THAT GOT A COPY OF MY PREVIOUS EXPIRED VISA AND I STOPPED WORKING IMMEDIATELY THEN AND P45 WAS RECEIVED
3 IN 2016 STATED IN SAR ,ARRESTED FOR ASSAULT BUT NO CHARGES AND PRESENTLY I GOT CLEAN DBS(CRIMINAL RECORD CHECK ) SINCE 2017 TILL DATE

NOW ALMOST 14 YEARS IN UK
IS IT OK TO APPLY FOR 10 YEARS LONG RESISDENCY NOW TO OBTAIN ILR ?

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zimba
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Re: IS 10 YEARS LONG RESIDENCE (ILR) STILL POSSIBLE

Post by zimba » Sun Mar 24, 2019 10:56 pm

Please do NOT post in all capital letters. It is not readable :!: :!:
Your only issue is that you seem to have worked until 2015 even though you had no right to work from the day you withdraw appeal and applied for FLR(FP) in 2014 (that is when your section 3c ended). So you worked illegally until your employment was terminated by your employer and therefore you were in breach of the immigration rules. Long residence very likely will be refused
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

JOHFR2014
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Re: IS 10 YEARS LONG RESIDENCE (ILR) STILL POSSIBLE

Post by JOHFR2014 » Sat Apr 27, 2019 8:08 pm

Good day

JOHFR2014
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Re: IS 10 YEARS LONG RESIDENCE (ILR) STILL POSSIBLE

Post by JOHFR2014 » Sun Apr 28, 2019 12:51 am

Good day my able moderators, senior gurus, experienced colleagues and members, please I need
your urgent and candid advice concerning my immigration history/issue.
My immigration history/issue are as follows:
Student visa 2005 to 2011
In 2006,Wife joined me in UK on student dependant visa
In 2007, kids joined me in UK
PSW 2011 to 2013
In 2013 ,on time FLR (FP) application resulting to refusal decision with appeal right
Appeal disallowed by first tier tribunal and proceed to upper tribunal
IN 2014 ,the same day new(FLR(FP) application made on the day appeal was withdrew before upper tribunal decided
In 2014, new FLR(FP) was refused without appeal right
PAP was sent within 28 days
JR process was on and was withdrew when Home Office agreed on cost and agreed to reconsider my application within 3 months
Reconsideration resulted to refusal with appeal right
In 2016, appeal was allowed by first tier tribunal on 7 years rule
1n 2017, 2.5years visa was issued
In 2018, my daughter who is above 18years now was granted British citizen
In 2019 , SAR was requested for and information obtained are as follows:
In 2015, negative employer checks was received by my employer with my previous valid visa and my employer stopped me from working
IN 2016, arrested for assault but no charges, no warnings or no convictions
In 2017, the new 2.5 years visa obtained, the starting date of the application was 2014 (same day application(new/second FLR(FP)2014-2017
In 2017, CRB was applied for and clean criminal record was obtained till date
In 2019, 5 months to apply for indefinite leave to remain,my wife and kids have moved out to another accommodation due to family issues
I am still supporting the family as a whole financially and non –financially like taking kids to school
My wife ,my son and I will apply for indefinite leave to remain soon.
My able moderators, senior gurus and experienced members, please i need your urgent and candid advice
Will issue of using different addresses affect my indefinite leave to remain application since indefinite application will be considered individually
compared to our previous UK applications we always applied as a family?
Will issue of using different addresses affect my personal character reference assessment or other 10 years rule assessment?
In case my indefinite application is refused, will it be refused with appeal right or subject to administrative review which it is not always come out good?
Can administrative review be turned to normal appeal process through JR?
Thanking you in advance and I hope to hearing from you soon.

JOHFR2014
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Re: IS 10 YEARS LONG RESIDENCE (ILR) STILL POSSIBLE

Post by JOHFR2014 » Sun Apr 28, 2019 9:28 pm

Good day my able moderators, senior gurus, experienced colleagues and members, please I need
Your urgent and candid advice concerning my immigration history/issue.
My immigration history/issue are as follows:
Student visa 2005 to 2011
In 2006,Wife joined me in UK on student dependant visa
In 2007, kids joined me in UK
PSW 2011 to 2013
In 2013 ,on time FLR (FP) application resulting to refusal decision with appeal right
Appeal disallowed by first tier tribunal and proceed to upper tribunal
IN 2014 ,the same day new(FLR(FP) application made on the day appeal was withdrew before upper tribunal decided
In 2014, new FLR(FP) was refused without appeal right
PAP was sent within 28 days
JR process was on and was withdrew when Home Office agreed on cost and agreed to reconsider my application within 3 months
Reconsideration resulted to refusal with appeal right
In 2016, appeal was allowed by first tier tribunal on 7 years rule
1n 2017, 2.5years visa was issued
In 2018, my daughter who is above 18years now was granted British citizen
In 2019 , SAR was requested for and information obtained are as follows:
In 2015, negative employer checks was received by my employer with my previous valid visa and my employer stopped me from working
IN 2016, arrested for assault but no charges, no warnings or no convictions
In 2017, the new 2.5 years visa obtained, the starting date of the application was 2014 (same day application(new/second FLR(FP)2014-2017
In 2017, CRB was applied for and clean criminal record was obtained till date
In 2019, 5 months to apply for indefinite leave to remain,my wife and kids have moved out to another accommodation due to family issues
I am still supporting the family as a whole financially and non –financially like taking kids to school
My wife ,my son and I will apply for indefinite leave to remain soon.
My able moderators, senior gurus and experienced members, please i need your urgent and candid advice
Will issue of using different addresses affect my indefinite leave to remain application since indefinite application will be considered individually
compared to our previous UK applications we always applied as a family?
Will issue of using different addresses affect my personal character reference assessment or other 10 years rule assessment?
In case my indefinite application is refused, will it be refused with appeal right or subject to administrative review which it is not always come out good?
Can administrative review be turned to normal appeal process through JR?
Thanking you in advance and I hope to hearing from you soon.

JOHFR2014
Newly Registered
Posts: 22
Joined: Thu Jan 16, 2014 8:31 pm

Re: IS 10 YEARS LONG RESIDENCE (ILR) STILL POSSIBLE

Post by JOHFR2014 » Sun Apr 28, 2019 9:39 pm

Good day My able moderators ,I did not try to spam the forum, please my immigration history is still the same but there may be new information to add and new questions to ask .Please I am very sorry about the spamming issue raise .I got questions that needed urgent and candid advice.Please read the post below,Most especially towards the end that involve some questions that needed urgent and candid advice.Many thanks

secret.simon
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Re: IS 10 YEARS LONG RESIDENCE (ILR) STILL POSSIBLE

Post by secret.simon » Sun Apr 28, 2019 10:55 pm

A long block of text is generally hard to read. You may want to learn how to paginate and format your text to make it easier for others to read.
JOHFR2014 wrote:
Sun Apr 28, 2019 9:28 pm
In 2013 ,on time FLR (FP) application resulting to refusal decision with appeal right
Appeal disallowed by first tier tribunal and proceed to upper tribunal
IN 2014 ,the same day new(FLR(FP) application made on the day appeal was withdrew before upper tribunal decided
In 2014, new FLR(FP) was refused without appeal right
PAP was sent within 28 days
JR process was on and was withdrew when Home Office agreed on cost and agreed to reconsider my application within 3 months
Reconsideration resulted to refusal with appeal right
In 2016, appeal was allowed by first tier tribunal on 7 years rule
1n 2017, 2.5years visa was issued
My reading of this is that between 2014 and 2017, your legal residence in the UK was broken and therefore you are not eligible for Long Residence till 2027.
JOHFR2014 wrote:
Sun Apr 28, 2019 9:28 pm
In 2013 ,on time FLR (FP) application resulting to refusal decision with appeal right
Appeal disallowed by first tier tribunal and proceed to upper tribunal
You were covered by Section 3C leave for this period of time, if a valid application was made in time.
JOHFR2014 wrote:
Sun Apr 28, 2019 9:28 pm
IN 2014 ,the same day new(FLR(FP) application made on the day appeal was withdrew before upper tribunal decided
Your Section 3C leave expired when the appeal was withdrawn. At that point, you became an overstayer.

If that FLR(FP) application was successful, that period of overstay would have been ignored for the purposes of any future immigration application. But, as you mentioned, that FLR(FP) application was refused.
JOHFR2014 wrote:
Sun Apr 28, 2019 9:28 pm
In 2014, new FLR(FP) was refused without appeal right
PAP was sent within 28 days
JR process was on and was withdrew when Home Office agreed on cost and agreed to reconsider my application within 3 months
Reconsideration resulted to refusal with appeal right
Note that JR does not extend Section 3C leave anyway. And in any case, you had no leave to extend. Therefore for this whole period, you were still an overstayer.
JOHFR2014 wrote:
Sun Apr 28, 2019 9:28 pm
1n 2017, 2.5years visa was issued
Your legal stay restarted at this point.

What is the UK immigration status of your wife?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

JOHFR2014
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Posts: 22
Joined: Thu Jan 16, 2014 8:31 pm

Re: IS 10 YEARS LONG RESIDENCE (ILR) STILL POSSIBLE

Post by JOHFR2014 » Mon Apr 29, 2019 10:12 am

Good day Mr Secret .Simon, thank you for your advice, I am very sorry about the way the text were formated -I will try to format it in a readable and easy way .. The last FLR(FP) was refused initially without appeal right then JR and then visa was issued. .It was confirmed from SAR that the starting date of application for the current visa was 2014(2014-2017).I believed 28days rule is covered and also the refused application was granted later after JR...My main concern is about recent happenings about using different address for the ILR application.
Will using different address affect my character reference assessment or other ILR assessment? . In case if refused ,will I be given appeal right or administrative review? Can administrative review if unfavourable can give rise to appeal right or I have to go for JR? Many thanks

JOHFR2014
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PLEASE WHICH ONLINE FORM TO FILL SET (0) or SET (LR)

Post by JOHFR2014 » Mon Jun 10, 2019 1:01 pm

Good day my able moderators, senior gurus and colleagues. Please I need your help concerning the above question .My immigration history are below. Entered UK in 2005 on student visa. Wife joined me in Uk in 2006. Children joined me in UK in 2007 Renewed my student visa on time as a family unit till 2010 without any gap. Post study work visa as a family unit till. 2013. On time FLR(FP) in 2013 refused with Appeal . Appeal disallowed in first tier.2014. Apply to upper tribunal in 2014 on time
.New and successful application was made by withdrew the appeal the same day new and successful application made before upper tribunal decided my case. The new and successful FLR(FP) was initially refused without appeal right and PAP was sent out within 28 days to Home Office. Then Judicial review sent. and later Home office agreed to settle on cost so that Judicial review should be withdrew and Home Office will make new decision. The new decision resulted to refusal with right of appeal with was allowed by the first tier judge on article 8.
2.5 years visa granted valid till Jun 26 Please which form to fill SET(0) SET(LR)?

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Re: PLEASE WHICH ONLINE FORM TO FILL SET (0) or SET (LR)

Post by CR001 » Mon Jun 10, 2019 1:10 pm

Topics merged!!!

You don't qualify for ilr on form set O as you don't hold a qualifying PBS visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

JOHFR2014
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Posts: 22
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Re: PLEASE WHICH ONLINE FORM TO FILL SET (0) or SET (LR)

Post by JOHFR2014 » Mon Jun 10, 2019 6:09 pm

Many thanks for quick reply I have filled and paid for online form Set (0) for my son on 10 years long residence but can I fill set(LR) and varied my son''s application. He is yet to go for biometric and sopra appointment Many thanks.Hope to hearing from you

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CR001
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Re: PLEASE WHICH ONLINE FORM TO FILL SET (0) or SET (LR)

Post by CR001 » Mon Jun 10, 2019 6:15 pm

Se O is NOT the form for long residence Ile. You have completed and paid for the wrong ilr. Set o is for Ile based on 5 years residence holding a work permit or ancestry visa.

Five your repeated refusals and end of section 3c, you or your family don't appear to qualify for long residence ilr as was already explained when you asked this question before.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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