10-year ILR and curtailment letter

[leoinlondon]

Dear experts

A question regarding SET (LR) aka 10-year route. If someone on Tier 2 resigns or made redundant resulting in his Tier 2 visa getting cancelled, and the person is waiting for curtailment letter to arrive. Can the person apply for ILR in SET(LR) route:

1) If he gets the curtailment letter of 60 days grace period – and he completes 10 year continuous residence within those 60 days period, and applies after completion of 10 yr. Is this fine?

2) If the curtailment letter doesn’t arrive (as it happens many times), and he completes 10 year while waiting for the letter - can he apply for ILR?

3) If the curtailment letter of 60 days grace period arrives, and even after including 60 days, person is falling short of just few days. Can an application be submitted just before the end of 60 days period, to maintain continuity, and during the processing (e.g. at biometric stage) the person completes 10 years period. Will such ILR application be considered valid?

Thanks in advance for your insight.

[CR001]

1. Yes

2. Yes.

3. Depends how short the person will be though.

[ajitu92]

Hey just thought I'd chip in as I am and have been in the same boat as you. I got made redundant while being on TIer 2 at the end of February and was completing 10 years September (this month). CR001 already answered your questions, but thought I'd let you know my experience. I didn't receive a curtailment letter until 8th Sept (the date I applied for Set LR) and my SAR verified that no curtailment decision had been made as of 28th August. So I've had quite a few nerve-wrecking months of stress. So just to re-iterate the answers you've already been given...


1) If he gets the curtailment letter of 60 days grace period – and he completes 10 year continuous residence within those 60 days period, and applies after completion of 10 yr. Is this fine?
- Yup, all good.

2) If the curtailment letter doesn’t arrive (as it happens many times), and he completes 10 year while waiting for the letter - can he apply for ILR?
- Yup, all good again. And I have just done the same.


3) If the curtailment letter of 60 days grace period arrives, and even after including 60 days, person is falling short of just few days. Can an application be submitted just before the end of 60 days period, to maintain continuity, and during the processing (e.g. at biometric stage) the person completes 10 years period. Will such ILR application be considered valid? -
- Possibly. Like CR001 said depends on how many days. So for example, you can apply 28 days before the qualifying date but it is recommended that the biometrics are done on or after the qualifying date is reached. There is usually a 2 month deadline to get the biometrics done after the application is submitted and paid for, so it's good to keep that in mind.

[leoinlondon]

Thanks CR001 - you are always helpful. Thanks ajitu92 for sharing your detailed personal experience - happy for you that you were able to make it through.

For scenario 3, I was thinking of a shortfall of 3-4 weeks only (including the 28 days concession) when the online application is submitted. And then later, if Biometric is done only after person completes the qualifying period (10 yr less 28 days) - then it should be fine from SET LR perspective?

[ajitu92]

No problem at all, happy to share my learnings. I know it's a stressful time and situation to be in.

I would say you need to be very careful in terms of the 28 day concession. Normally the 28 day concession is not an issue if there are no doubts of being able to complete those 28 days even without an application. If applying when the leave has been curtailed it's better to err on the side of caution and do the biometrics only after 10 years have been completed and not in the 10 years less 28 days period, as you need to be eligible on the date of the decision. Your date of application is the date you submit and pay, but you need to be eligible on the date of the decision and this can only be after biometrics have been done. Given that once the biometrics are done, you cannot control when the decision will be made by the Home Office, it's better to do the biometrics after the 10 years are completed. The reason I say you need to be careful is, if doing the biometrics within the 28 days concession period, and say the caseworker makes a decision in 14 days, they may question whether you would indeed be able to complete the 10 year qualifying period without relying on 3C leave, should the application be refused on that 14th day of the 28 days. I'm not saying that is the case and that is what will happen, but it leaves the door open for it happen.