ILR under 10 years residency

Shrimathi · Post by **Shrimathi** » Fri Jul 10, 2009 3:32 pm

Immigrationboards has been a very useful site and many thanks for the contributors. I have a question on ILR under 10 years long residence.
I am in UK since May 1999 till date. ILR applied under 10 years of lawful residence. All requirements including absences, finances etc fulfilled as per guidance except following issue on basis decision not taken on the day:
Passport stamps shows contnious visa stamps without break. However, during the period 1st Feb 2003 to 4th April 2004, the visa on the PP was dependent. For some reason even though dependent visa entitles to work, that time employer applied work permit for Aug 2003 to 3 Feb 2004 which was granted. This was not stamped on passport as I thought existing dependent visa on the passport allows to work any way. Apparently, according to case worker, WP document with a stamped paper supercedes the existing LTR on passport. Due to this case referred to Sr case worker and decision pending. Please advice, if work permit with a LTR stamp on paper without formal submission of passport for stamping on actual PP amounts to new LTR and supercedes the existing dependent LTR on passport. If so 04/02/04 to 03/04/04 amounts to gap ?.
Many thanks for opinion

f2k · Post by **f2k** » Fri Jul 10, 2009 4:03 pm

Interesting that the caseworker has taken that point of view. In my opinion it shouldnt matter anyway, if the wp document does indeed supersede your LTR in the passport then it means you were still here lawfully and since you are applying for 10year visa then you meet the requirements.

Did you ever switch to a WP LTR? also maybe you could give us your timeline and the visa you were holding at the differenct stages.

Shrimathi · Post by **Shrimathi** » Fri Jul 10, 2009 5:06 pm

Thanks for your comment.
Time scales and visas as follows:
7 May 99 visitor (Valid until Jan 2000)
Got permit free visa in June 99 valid until Feb 2001
1st Feb 2003 to 30 April 2004 Dependent
04 April 2004 to 30 april 2007 Dependent
27 July 2006 till date HSMP dependent.
As far as the visa stamps in the PP there are no gaps.

WP was applied by the employer for the period 02 Aug 03 to 03 Feb 2004, which was approved with LTR stamped seperate letter from WP.
I did not submit PP for new LTR stamp for this period, as I thought the PP already has had existing valid dependent visa during that period (Feb 2003 to 30 April 2004).
Please advice
Many thanks

f2k · Post by **f2k** » Sat Jul 11, 2009 10:32 am

There is a gap from permit free in Feb 2001 to dependent Feb 2003 or is that a typo.

Just another question, you have been on dependent visa since 2003, what is the status of the person whom you are the dependent of, this should not have an effect on your application i dont think.

Btw how did the issue of the workpermit come up seeing that you never filed the FLR(IED) form?

Shrimathi · Post by **Shrimathi** » Tue Jul 14, 2009 7:42 pm

Dear f2k
Many thanks for your reassurence and opinion.
Therewere no gaps in LTR as per the stamps in PP was concerned (In previous post I made a typing error). However, prior to 1st April 2004, HO used to issue WP+ LTR at the same time based on info provided in WP application. From 1st April 2004, new rule came in to effect, initially WP isssued then with WP (FLRIED) doc and PP , applicant need to make another application for LTR. Clearly I was not aware of this and assumed that stamp in PP still remained valid for the duration mentioned on the LTR stamp.
Thanks

f2k · Post by **f2k** » Tue Jul 14, 2009 9:31 pm

Looks like i wasnt too clear with what you were saying. Looks like according to the case worker your timelines are as follows

7 May 99 visitor (Valid until Jan 2000)
Got permit free visa in June 99 valid until Feb 2001
1st Feb 2003 to 30 April 2004 Dependent
02 Aug 2003 to 03 Feb 2004 Work Permit
04 Feb 2004 to 03 April 2004 GAP
04 April 2004 to 30 april 2007 Dependent
27 July 2006 till date HSMP dependent.

it will be interesting to see how the snr caseworker will rule. I am not sure what is the number of days in which you are required to leave the country once your status has expired (or for that matter what it was in 2004) but i think they may very well ignore that 60day 'gap' if at all they do consider it to be a gap.

Anyway once you get to know the result please do let us know

Shrimathi · Post by **Shrimathi** » Wed Jul 15, 2009 4:36 am

Dear f2k
Thanks for your reply. I agree with you that, the outcome depends upon what Sr case worker's interpretation for the period 04th Feb 2004 to 03rd April 2004. As you said, he may very well ignore because there was lapse on HO side as well. If this was a gap due the new WP+ILR superceding existing stamp on PP, then HO should have pointed out this during all the subsequant renewal of LTR which they didn't (I presume they have all the records). I post the result when decision is available.
Thanks
Shrimathi

magsi23 · Post by **magsi23** » Wed Jul 15, 2009 8:13 am

Shirimathi,

Did you apply in Person at PEO? if so which one? did you pay the application fees? so after assessing your application they simply asked you to leave the application with them as the decision could not be made on the day?

Shrimathi · Post by **Shrimathi** » Wed Jul 15, 2009 9:32 am

Dear Magsi23
Any application in person or by post will only be assessed after paying the fees!. The fee is for the processing service irrespective of the decision or outcome of the application.
Shrimathi

magsi23 · Post by **magsi23** » Wed Jul 15, 2009 12:41 pm

Thanks Shirimathi

Did you apply in person at PEO? if so which one?

Many thanks

nj · Post by nj » Wed Jul 15, 2009 1:34 pm

Magsi
I applied in person at Croydon PEO.
Shrimathi

Post by **vinny** » Tue Jul 28, 2009 1:52 am

Shrimathi wrote:Is any one aware of the provision available for incountry swithing from dependent visa to WP in 2003 ?. At present this particular switching not allowed in country (dependent to WP). My decision for 10 year residency ILR peding in HO likely in relation to WP LTR superceding existing dependent visa on the PP. If such switching was not available in 2003, then I may be able to consider judicial review if ILR refused.
Thanks

Post by **vinny** » Tue Jul 28, 2009 1:53 am

Shrimathi wrote:Thanks to the contributors of this forum. I had applied ILR in person, Croydon (10 year rule). For a perticular one period of those 10 yrs stay, I had dependent LTR 1st Feb 2003 t0 04th April 2004 and WP LTR August 2003 to 2nd Feb 2004 (no issues with other LTRs in the PP). Can both of the above LTRs run at same time and both are valid, even though new WP LTR was issued inspite of having dependent LTR on the PP. I would like some one to share thier experience on similar issue. For the above reason, case worker referred the case to sr case worker and the ILR decision not made on the day. ( One of my friend came to UK in Oct 2008, who had both multiple entry visitor visa and HSMP at the same time and both were valid, does same rule holds good for the LTR as well ?)
Thanks
Shrimathi

Shrimathi · Post by **Shrimathi** » Tue Jul 28, 2009 10:59 pm

Dear f2k
Unfortunately my ILR under 10 year residency refused. The reason being 04 Feb 2004 to 03 April 2004 GAP in LTR. No appeal allowed (reason, I have LTR currently valid until July 2011).
Regards
shrimathi

magsi23 · Post by **magsi23** » Wed Jul 29, 2009 11:24 am

Really sorry to hear that Shrimathi, Why have they not given the right to appeal? What visa are you on currently?

Shrimathi · Post by **Shrimathi** » Wed Jul 29, 2009 12:36 pm

Dear Magsi
The reason stated in the refusal letter, if I have another type of valid leave then there is no right of appeal. At present I am HSMP dependent until July 2011.
Regards
Shrimathi

RAJ2007 · Post by **RAJ2007** » Fri Aug 21, 2009 11:39 am

Shrimathi,

When you applied under 10yrs long residence, did they ask for financial documents, like payslips?

Also, did they refund your app. fee?

Shrimathi · Post by **Shrimathi** » Sat Aug 22, 2009 7:52 pm

Dear Raj
When I applied for ILR under 10 year rule, I had submitted my 3 payslips, 3 bank statements and P60s. However, these may not be the most important requirements. I understand from few people's success cases including one of my friend, the most important requirements are 10 year continious lawful stay with maximum one gap of 10days between visa's and no general grounds for refusal (e.g. criminal convictions etc). It is good to take financial docs with in case if they ask.
Regarding your second question, fees is charged for assessment of application (irrespective of the outcome of the application). So, even if ILR refused, fee will NOT be refunded !!.
Regards
Shrimathi

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