ILR application with 10-year residency (and WP)

[summer_orange]

I am not sure if there was anyone with similar situations, but here is mine.

I am in my 10th year since I first landed in the U.K. as a student.
I am currently working under a 4-year work permit and would have at least 1 year left on it when the end of my 10th-year would come. But since my 10-year long residency comes before the WP is over, I'm thinking of applying to ILR to get it over with, rather than wait for another year.

Though I do believe I can apply for my ILR before my WP period is over, I have concerns in this statement in the IND website:
"The prescribed application forms for settlement state that applications should not be submitted more than 28 days before leave expires. Generally any application for settlement which is considered by a caseworker more than 28 days before an applicant has completed the relevant period of leave should be refused. "
This statement specificly mentions exipiry date.

Since WP still has some time left on it, the"expiry" date of the WP is not going to be relevant to my application this time. But if the "relevant period of leave" could mean the 10 year residency, can the end date of my 10th-year stay be the "expiry" date? e.g. if I entered the country on 01/12/1995, can the "expiry date" be 31/11/2005?

Do you think I have a chance of making a successful application? I have my new and old passports to support my past activities and visa statuses.

Also, if the application is possible, I still have this question that I would like to ask.

I read the FAQ on this page (http://www.immigrationboards.com/viewtopic.php?t=859) regarding the in-person application timing.
It mentions "Note that 'in person' applications are only suitable where your case is straightforward so exludes applications under the long residence rules, EU law and where there are any discretionary issues you have requested the Home Office to consider."

The question is this "long residence rule" applies to the 10-year or 14-year residnecy? If both, does it mean I have only a choice of postal serivce? Or is it just a case of postal service being the "safer" option?

Hope someone can help me out with these confusions.
Thank you very much in advance.

summer_orange

[Kayalami]

1. You can appply subject to meeting the 10 yr requirement - no need to wait for yr 4 of WP.

2. You must apply by post in any of the long residence categories.

[John]

if I entered the country on 01/12/1995, can the "expiry date" be 31/11/2005?

Absolutely not! But only because there is no 31st day of November! I think you might need to wait until 01/12/2005!

From what you write at no time whatsoever during the 10-year period were you in breach of any immigration regulation. That is, it appears you were "legal" at all times.

However, if you were "illegal" at any time, even for one day, then a 10-year application should not be made.

[summer_orange]

Hi,

Thanks both for the replies.

Absolutely not! But only because there is no 31st day of November! I think you might need to wait until 01/12/2005!

oops! Ididn't think of that. I read the text over and over again checking everything was ok before posting, and now look what I've done.

damn the silly mistake... I think there has to be 31 days in November!

anyway, I understand it as it is possible to make an application 28 days prior to the end of my 10-year stay, given that my 10-year stay was all legal.

From what you write at no time whatsoever during the 10-year period were you in breach of any immigration regulation. That is, it appears you were "legal" at all times.

However, if you were "illegal" at any time, even for one day, then a 10-year application should not be made.

I have been legally staying in the country as far as I know. Though they were all various different statuses, visitor, student and WP, but all legal, as I left the country before the visa expired each time of renewal, thus not spending any time in the country illegally.

>Kayalami
Thanks for clarification, I will stick to the postal application then.

[John]

Hi, I think it might be useful if you give your full UK visa history since you first came here in 1995.

In each instance please ... type of visa .... when UK entered ... when UK left ... and therefore the time between each departure and re-arrival.

[Kayalami]

anyway, I understand it as it is possible to make an application 28 days prior to the end of my 10-year stay, given that my 10-year stay was all legal.

Submission of an application 28 days before the expiry of the relevant leave to remain is part of the Home Office operational policy to protect applicants where an application is deemed not valid such that appropriate corrections can be made and the application re-submitted in time. Technically the rules in this application category pertain to a legal residence of 10 years which in this instance the 28 day period impacts on. For this reason it is best to apply one day after 10 years unless to do so (wait) would make you illegal.

[summer_orange]

Submission of an application 28 days before the expiry of the relevant leave to remain is part of the Home Office operational policy to protect applicants where an application is deemed not valid such that appropriate corrections can be made and the application re-submitted in time. Technically the rules in this application category pertain to a legal residence of 10 years which in this instance the 28 day period impacts on. For this reason it is best to apply one day after 10 years unless to do so (wait) would make you illegal.

I see. Because the form to apply to ILR is shared with other types of application (such as 4-year completion of WP) and mentions that applicants can make application 28 days before, I just assumed that it would suit my situation as well, but it is much clearer now.

Thank you very much.

I wonder if this part of information is available anywhere on the IND website...?

Hi, I think it might be useful if you give your full UK visa history since you first came here in 1995.

In each instance please ... type of visa .... when UK entered ... when UK left ... and therefore the time between each departure and re-arrival.

I don't have my passports handy at the moment, but when I have chance, I will dig out and try to get as much details as possible...

Thanks a lot.

[John]

I don't have my passports handy at the moment, but when I have chance, I will dig out and try to get as much details as possible...

I look forward to reading that detail. After all, until we know that detail it is impossible to say with any certainty whether you might qualify under the 10-year rule.

[flyez]

I agree with Kaya- that is you better apply after you has been in the UK for 10 years.

Also, review your absent history in the past 10 year to see any individual absences period was over 90 days (3 days)? If so, based on what reason to make you escape temporarily? as SET(O) form for ILR will ask this.

If you get time, you read related document as below for more details- just for reference :-

CHAPTER 18 - THE LONG RESIDENCE CONCESSION

[summer_orange]

Also, review your absent history in the past 10 year to see any individual absences period was over 90 days (3 days)? If so, based on what reason to make you escape temporarily? as SET(O) form for ILR will ask this.

Hi,

Thanks for the reply.
I do believe I never went away for more than 3 months (90 days) although I was perhaps away close to that length (2, 2 and half months is likely) during the summer holidays when I was student. The reason is simply... because it was a holiday!!
Also, I was away for a couple of months when I was waiting for my first WP was applied and staying outside of the country for it, but I believe this was to be justified according to the PDF you linked to.

I'm not sure whether the first reason can be justified, but I need to check if I was indeed away for more than that length of time before I can say anything.

And thanks for the link, I will read it through as soon as possible.

Thanks a lot.

[summer_orange]

Hi,

I must apologise first, but I have a new question I would like to ask related to this topic.

I was thinking of going away for a short holiday this year, but since I now know that my application of ILR would be after my 10-year stay is over, rather than waiting to get the passport back which could take a while I thought about going before the application.

Do any of you think it would be a problem??

If it would be, I would of course wait for the return of passport after the application, but I just thought it would have been nice if I can get some time off beforehand since the application can take weeks, this year might be gone while I'm waiting...

Thanks again.

[John]

I don't think you should be planning an overseas holiday just after the time you are planning to submit the ILR application. You clearly need to submit your passport when making the application ... after all you hope that an ILR sticker will be put into the passport .... and it is reasonable to expect an application for ILR under the 10-year concession to take weeks or months rather than days.

So given that, on your facts, you cannot possibly post your ILR application until 01.12.2005, if you were planning an overseas trip at say Christmas/New Year time then either :-

• cancel such overseas trip plan
• delay submitting the ILR application until after you get back

Delay? Well yes ... the 10-year concession doesn't just apply after 10 years, or 10 years 1 day, it equally applies after 10 years plus a month or two, or whatever.

[summer_orange]

Hi John,

I'm perhaps not being bright here, but I presume what you are saying is that if I wanted to go away I should do it before the application?

In that case, that would be more suitable for me anyway, so I would probably do that.

Thanks.

[summer_orange]

Here is the details of my past and current visa statuses and the details of ins and outs of the country:

VISA: 6 months visitor visa (05/Sep/95 - )
- IN: 05/Sep/95
- OUT: 27/Dec/95

VISA: Student (27/12/95 - 31/July/96)
- OUT: 27/Mar/96
- IN: 31/Mar/96
- OUT: ? (no record as I went out from dover on the ferry as a foot passenger)
- IN: 14/Apr/96
- OUT: 20/July/96

VISA: Student (04/Sep/96 - 2 years (04/Sep/98)
- IN: 04/Sep/96
- OUT: 28/Dec/96
- IN: 17/Jan/97
- OUT: 14/Mar/97
- IN: 28/Mar/97
- OUT: (no record as departed on a ferry)
- IN: 15/Sep/97
- OUT: 28/July/98

VISA: Student (01/Sep/98 - 31/Aug/01)
- IN: 01/Sep/98
- OUT: 22/June/99 [edited]
- IN: 15/Sep/99
- OUT: 18/Jan/00
- IN: 22/Jan/00
- OUT: 10/July/01 (not sure as the date is given in arabic letters)

VISA: Student (16/July/01 - 31/Aug/02)
- IN: 16/July/01
- OUT: 27/July/01
- IN: 15/Sep/01
- OUT: 19/Aug/02

VISA: with WP (29/Sep/02 - 29/Sep/07)
- IN: 29/09/02

VISA: with WP as changed job (10/Oct/03 - 10/Oct/08)
- OUT: 22/May/04
- IN: 07/Jun/04 (though there is a stamp of leaving one country but there is no stamp coming into the U.K.!!!! landed at manchester. no idea why)

I noticed there are time gaps inbetween the visas during the summer while I left country and came back to renew. I wonder if this is going to affect the long residency status.
At the time I was student, it was quite normal to do so as everyone was going out the country to renew their visas. I never thought about the possibility of these "gaps" to be problems (as I never expected I would be here this long), but I'm not so sure anymore....

Anyway, if there is anything else needed, please let me know and look forward to your opinions and feedbacks.

Thanks

[flyez]

Actually, its dangerous if the time you away over 3 months did not cover by any valid visa at that time. Anyway, any absence over 3 months will be carefully examined to see if satisfy the definition of 'continuous stay'.

Its ok if your over 3 months away was with good reason reasons and still link to the UK at that time, for example, business trip sent by copmany which based in UK or student's oversea field trip, exchange student or something like that, as these were one of the requirement to be graduated.

Also, the visa should be continuous/overlap all the time in the past 10-year. A short distribution period (usually under 1 month) should be ok/acceptable by case-worker but better to remind them the renewal application has been sent soon after the previous visa was due- they can understand that its reasonable that it may take several days, even 1-2 weeks to process the application , and then they will treat your visa is still continuous.

I think you still have good chance to get ILR, if you prepare good reasons for your all 3-month away and collect your past document as many as you can (it can prove you live in the uk all the time) such as student certificate, water/gas/phone bill, ..

This is my personal opinion, just for reference. Good luck.

[summer_orange]

Hi,

Thanks for the reply.

I am not sure if you have wrote your message about the 3-month absense with regards to my list of dates, but I can figure by the ins and outs of the dates that the longest I was away from the country is up to 2 months which was during the summer holiday.

Also, the visa should be continuous/overlap all the time in the past 10-year. A short distribution period (usually under 1 month) should be ok/acceptable by case-worker but better to remind them the renewal application has been sent soon after the previous visa was due- they can understand that its reasonable that it may take several days, even 1-2 weeks to process the application , and then they will treat your visa is still continuous.

Unfortunately, the gap between visas can be as long as nearly 2 months as I stated above, and the reason is simple. The visa was due for renewal and therefore I left the country and came back in to renew, which was fairly standard thing to do back then for a visa renewal. (which I mentioned in the previous post)

I never actually sent away my documents to HO for visa renewal for that purpose (i.e. reason of visa expiry. The only occasion I had my visa renewed by postal application was when my second WP was applied)

Do you still think I have a good chance of obtaining the ILR with those gaps inbetween the visas? I am starting to worry a bit....

as many as you can (it can prove you live in the uk all the time) such as student certificate, water/gas/phone bill

I am not sure as I have moved more than a few times and along the way, a few unfortunate has happened and lost some of the documents, though if I scavenge what's left I'm certain I can find something to back up my stay in the U.K. during the time.

Thanks for your help. Very much appreciated. It's such a comfort to know that there are people out there who are kind to help.


[edited]
Actually there is a correction on my list of dates (which is corrected in the relevant post already).

Instead of

OUT: 22/July/99

it was

OUT: 22/June/99

So I *WAS* away nearly 3 months. I recall why it was that early I went away: it was passport renewal due sometime at the beginning of July...

Anyway, so it makes the longest stay is nearly 3 months, though, not exceeding 3 months (so it would be 2*31+9+15 days = 86 days. just....).

Now I feel even more insecure about my application...!

Sorry for the confusion (I'm confused myself!).