ILR Long Term Residence Queries

[toofunky2000]

Hi Seagul and other Moderators,
Hope not too late to say happy new year!

I have applied for a SAR and received a bundle of documents, most of them redacted. There are few things which I would like to discuss in this forum.

1: They haven't provided me from my initial landing from May 2011 and then again in Oct 2011, however, they have provided me the data from in-country applications from 2013.
"Thank you for your Specific Subject Access Request. We have now processed the specific
documents you requested which is your CID/IT records relating to any overstay in the UK
and any breakage in your continuous and lawful stay in the UK from April 2011 to
December 2020. Please find enclosed the data we hold on the computerised Casework
Immigration Database (C D) (IT)."

2: Which is more concerning to me is below:
"Minute/Case Notes:
Exit Checks Event History
-------------------------
06/OCT/2017 - CID Outcome: "Withdrawn Application" on "T4 - Dep Partner Applying With Relatives - LTR"
14/NOV/2017 - CID Leave expired - "T2 SW - Dep Partner Applying With Relatives - LTR" Issued:05-Nov2014
Exit Checks Event History
-------------------------
15/NOV/2017 - CID Outcome: "Probable Overstayer" on "ISA Data - VNAT"
30/DEC/2099 - CID 3C Leave Expiry Date - on "DEP Spouse (BRP) Joining Person with LTR (except paras
277-289) - LTR" (09-Nov-2017).

I can't see myself as the overstayer as all the application were applied in time.
they say:
15-Nov-2017 * GI *ISA Data VNAT* Closed in Country Valid Visa* Main Applicant * Sole.

Can anyone please explain to me. Thank you,
TAK

[toofunky2000]

Hi Seagul and other Moderators,
Hope not too late to say happy new year!

I have applied for a SAR and received a bundle of documents, most of them redacted. There are few things which I would like to discuss in this forum.

1: They haven't provided me from my initial landing from May 2011 and then again in Oct 2011, however, they have provided me the data from in-country applications from 2013.
"Thank you for your Specific Subject Access Request. We have now processed the specific
documents you requested which is your CID/IT records relating to any overstay in the UK
and any breakage in your continuous and lawful stay in the UK from April 2011 to
December 2020. Please find enclosed the data we hold on the computerised Casework
Immigration Database (C D) (IT)."

2: Which is more concerning to me is below:
"Minute/Case Notes:
Exit Checks Event History
-------------------------
06/OCT/2017 - CID Outcome: "Withdrawn Application" on "T4 - Dep Partner Applying With Relatives - LTR"
14/NOV/2017 - CID Leave expired - "T2 SW - Dep Partner Applying With Relatives - LTR" Issued:05-Nov2014
Exit Checks Event History
-------------------------
15/NOV/2017 - CID Outcome: "Probable Overstayer" on "ISA Data - VNAT"
30/DEC/2099 - CID 3C Leave Expiry Date - on "DEP Spouse (BRP) Joining Person with LTR (except paras
277-289) - LTR" (09-Nov-2017).

I can't see myself as the overstayer as all the application were applied in time.
they say:
15-Nov-2017 * GI *ISA Data VNAT* Closed in Country Valid Visa* Main Applicant * Sole.

Can anyone please explain to me. Thank you,
TAK

Hi all,

Your comment would be appreciated. Thank you,
TAK

[toofunky2000]

Hi there,

Just to let you all aware, I have sent an email to Home Office and asked for the eligibility of 10 year long residence, specifically mentioned the utilisation of visitor visa to accumulate 10 year residence.

They have categorically replied with a No, you can not use anytime spent on the visitor visa to accumulate 10 year period in the UK.

As they finally responded in black and white, any suggestions or clue to respond to them, or just leave it as it is?

Thanks in advance for your assistance.

Best regards
TAK

[vinny]

Their black and white response contradicts their answer to a Freedom of Information request.

276A

(b) “lawful residence” means residence which is continuous residence pursuant to:

• (i) existing leave to enter or remain; or
  (ii) temporary admission within section 11 of the 1971 Act (as previously in force), or immigration bail within section 11 of the 1971 Act, where leave to enter or remain is subsequently granted; or
  (iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

I think 276A(b)(i) may include leave as a visitor, as it doesn’t exclude it.

[toofunky2000]

Hi, thanks for your message,.

I have replied back with the justification and quoting of guidance asking to refer me to the document declining to include visitors visa for 10 year long residence.

Let's see what would be their response on this.
Regards
TAK

[toofunky2000]

Hi all,

UKVI replied with no further information can be provided.

I assume they have concluded their remarks on the guidance.

It seems I have to wait further to complete my 10 year long residence or the moderators have any feedback for me?

Regards
TAK

[toofunky2000]

Hi all,

I have a question on the ILR application related to LIUK and English test requirements.
To appear in both of the tests, it seems we require the official ID listed by the HO. In our situation we have submitted our passport and BRP to the HO already for the extension of the FLR FP.
Next month we are going to be eligible for the ILR on the basis of 10 year long residence.
Even if we go to vary our existing application of FLR FP to ILR we would be needing these documents, which we can't acquire in absence of our IDs.

I have written to LIUK to assist in this regard, but any idea/suggestion from the forum?
Thank you,
TAK

[zimba]

Hi all,

I have a question on the ILR application related to LIUK and English test requirements.
To appear in both of the tests, it seems we require the official ID listed by the HO. In our situation we have submitted our passport and BRP to the HO already for the extension of the FLR FP.
Next month we are going to be eligible for the ILR on the basis of 10 year long residence.
Even if we go to vary our existing application of FLR FP to ILR we would be needing these documents, which we can't acquire in absence of our IDs.

I have written to LIUK to assist in this regard, but any idea/suggestion from the forum?
Thank you,
TAK

Since late 2018 no physical documents are taken from applicants and only digital scans are required. What do you mean that you do not have access to your physical documents?

[toofunky2000]

Hi all,

I have a question on the ILR application related to LIUK and English test requirements.
To appear in both of the tests, it seems we require the official ID listed by the HO. In our situation we have submitted our passport and BRP to the HO already for the extension of the FLR FP.
Next month we are going to be eligible for the ILR on the basis of 10 year long residence.
Even if we go to vary our existing application of FLR FP to ILR we would be needing these documents, which we can't acquire in absence of our IDs.

I have written to LIUK to assist in this regard, but any idea/suggestion from the forum?
Thank you,
TAK

Since late 2018 no physical documents are taken from applicants and only digital scans are required. What do you mean that you do not have access to your physical documents?

Thanks Zimba,
Our passports and expired BRP are now with HO, these were taken from us at the time of our biometric appointment at Croydon. HO has given us the confirmation of receiving these documents. So, the originals are with HO. The FLR FP application is still pending with HO, so I assume we can't ask them to return the passports prior to any decision.

[zimba]

Email nationalityenquiries@homeoffice.gov.uk for help if you do not have any of these documents.

https://www.gov.uk/life-in-the-uk-test

[toofunky2000]

Email nationalityenquiries@homeoffice.gov.uk for help if you do not have any of these documents.

https://www.gov.uk/life-in-the-uk-test

Thanks Zimba, will do for LIUK.

Any idea on English test, checked with the few centres they also require original document. Thinking to go via UK Naric to obtain a certificate.

[zimba]

I have no idea. Each provider may have its own requirements. These are not really immigration issues