14 years long residency

[boss39]

Dear all,

I have apply for permanent residency in the UK on the ground of 15 years long residency. I have a combination of legal and illegal stay during the last 15 years.

It's going to be 16 months now since I have apply to the Home Office. Everytime I ring them, they said that my application is under further consideration.

My wife is a British Citizen and we are now married for the past 4 years. I am currently not working. Although I am an IT professional, whenever I have been offer a job, they ask me to produce documentation which I do not have at the moment.

I wonder how long doI have to wait. If anybody has apply under the long residency, please share your view on this subject.

Many thanks.

[John]

Any particular reason why, after your marriage to your British wife you did not apply for a spouse visa? If you had got that, then ILR, you could have been a British Citizen by now.

Also can I ask ... your nationality?

[Chess]

Any particular reason why, after your marriage to your British wife you did not apply for a spouse visa? If you had got that, then ILR, you could have been a British Citizen by now.

Also can I ask ... your nationality?

John - he could not have changed status as he was possibly "illegal" at that stage./...

[Chess]

Dear all,

I have apply for permanent residency in the UK on the ground of 15 years long residency. I have a combination of legal and illegal stay during the last 15 years.

It's going to be 16 months now since I have apply to the Home Office. Everytime I ring them, they said that my application is under further consideration.

My wife is a British Citizen and we are now married for the past 4 years. I am currently not working. Although I am an IT professional, whenever I have been offer a job, they ask me to produce documentation which I do not have at the moment.

I wonder how long doI have to wait. If anybody has apply under the long residency, please share your view on this subject.

Many thanks.

Boss,

this is a concession not a right - so they can take as long as they want to review your paer work...

[John]

he could not have changed status as he was possibly "illegal" at that stage

Accepted ... but he might have been able to return to his country and apply for a spouse visa there. Which is why I asked about nationality.

[boss39]

Hello,

Thanks for your outputs.

I am from Maurituis, after I got married back 4 years ago, I was told that I need to go back to my country to apply on the basis of marriage by a solicitor but I know that if I waited for another 4 years then I could apply under the 14 years long residency.

Now 16 months has gone my application is still under further consideration.

May be I might now consider to go back to my country and apply from there on the basis of marriage.

Is it worthy going down that route since I waited about 16 months so far.

Your opinion is grately appreciated.

Many thanks

[John]

Boss, that Solicitor was right .... or certainly was if you were an "illegal" back in 2001 when you married.

I think you should seriously consider withdrawing your 14-year application, flying back to Mauritius, and then promptly submitting an application for a spouse visa. With hindsight that is what you should have done four years ago. If you had you would have got your ILR a year later, then naturalisation three years after getting back ... a year ago.

This webpage might assist you. Port Louis is not exactly the busiest British Mission in the world ... only 274 application for Settlement Visas in the year to 31.03.05, so hopefully you will not need to wait too long for your visa interview. You might even turn the trip to Port Louis into a family holiday?

[Chess]

Boss,

perharps its best to wait for your long residence cocession application to go through - although 16 months is such a long waiting period

did you do the application yourself - and did you submit all required evidence to show continuos stay over 14 years?

[boss39]

Hi Chess and John

Thanks for you reply.

I have prepared the application by myself.

I have submitted various documents to cover the whole 14 years.

I have also shown them evidence that I am married. My wife is in full Time employment and a Home owner as well.

I did not go through a solicitor as they were charging £ 1200 for the service.

Do you know anybody who had received ILR through the 14 years residency?

Many thanks.

[John]

Chess, that is obviously a possibility .. to wait for the ILR ... but he cannot work until that ILR comes through.

So difficult choice ... waiting for the ILR will cost money ... assuming it is ever granted .... going to Mauritius and applying for spouse visa there will certainly cost money. The only thing is that the spouse visa application should not take too long. Whereas the ILR will take???? That is the problem.

[boss39]

Hello John

I am thinking of talking your advised and go back home and apply for a spouse visa.

I have been in touch with the embassy there and they told me if I have all the documentations, it shouldn't take longer than 1 week. This sounds to good to be true.

But when I mention about my overstayed then they were not very sure about the time scale.

Could you please share some information if I go there and apply for the spouse Visa what are my chances.

Many thanks.

[ilm]

Boss,

Overstaying doesn't seem to be a problem for spouse visas and plenty of failed assylum seekers have gone back and successfully applied for Spouses visas in their home countries.

I don't know of any failures providing the application is correct and contains adequate evidence to prove, without any doubt, the application meets the rules.

This is the reason we did it even though our solicitor said to wait for 1 year until we could apply under the 14 year concession. We are certainly glad we didn't now as my wife got her spouse visa in 2 days.

Best of luck with whatever you decide.

[boss39]

Dear all,

I am now thinking of withdraw my application which I made 16 months ago to the HO on the basis of 14 years continous residency in UK.

I have decided to go back home and apply for a spouse visa.

We have been married for almost 4 years and my wife is due to have a baby in May next year.

What are my chances for a spouse visa and how long does this type of visa usaully take considering my previous immigration history.

I am really unsure about the whole situation but what you guys will advise me.

Many thanks.

[boss39]

Dear Guys,

I recieved a letter today from the HO after 16 months and they are asking me to send documentation to prove that I stayed in UK for the last 15 years.

When I sent them my application. I sent all sort of documentation to prove my stay in UK.

I am very confused why they are asking me again.

I will contact them tomorrow.

Thanks

[John]

Boss39, certainly put on hold any thought of withdrawing the application at this time.

Yes it would be a good idea to try to speak to them. I think you should not be aggressive in any way but point out that lots of evidence was submitted with the application form. Is that evidence sufficient? Or if they have queries then how can you help?

It might be that they perceive a gap in the evidence? For example, if you have been here for 15 years, they might see proof of that for the first seven years ... and indeed for the last seven year .... but see no proof you were in the UK in the year between those two seven-year periods.

It could be that just a bit of clarification or extra evidence will get you the success you seek.

Please let us know how you get on.

[boss39]

Dear John,

Thank you very much for your inputs. I contacted the HO today. I wanted to speak to the person dealing with my application. All they done is pass me from department to another. Finally I have spoken to general immigration advise.

They said that I have to response to the letter they sent me explaining that I have already sent the proof documentation for continous residency for the last 15 years.

I think they have probably lost them and that why they are asking for them again.

It took me 2 months to get all these documentation as they want the original one.

Now I have to send them these documentation again.

Please could you advise me how should I write to the HO.

Your assistance is grately appreciated.

Do you think this time I should go through a solicitor?

Many thanks.

[John]

Do you think this time I should go through a solicitor?

No, not yet. I think this is merely an administrative muddle rather than a point of law.

I think that, as you have been advised, you should reply to their letter saying about the evidence supplied with the application form. Do you have a photocopy of that evidence? If so why don't you take further photocopies and enclose those with your reply?

And include in the letter something like .... If you feel you require further evidence then please let me know.

In other words, nice and polite ... and hopefully the outcome will be successful in the foreseeable future.

[boss39]

Dear John,

I have sent all the documentation again to the HO to prove for my continuous residency in UK for the last 15 years. I have noticed that my application is now in another department which is called Enforcement and Removal Department.

I am not sure if I can work at the moment. If I can, do you think that I can write to the HO and request a letter from them that I can take up employment while waiting for my application to decide.

Your advice will be gratefully appreciated.

[John]

I am not sure if I can work at the moment.

Having just had a quick read of your previous posts, I don't think that you are able to work in the UK at the moment.

You mention :-

Enforcement and Removal Department

Sorry, how do you know that?

[boss39]

Dear John,

Thanks for a quick reply. When HO wrote to me about 4 weeks ago requesting documentation for continous residency in the UK for the last 15 years. I noticed the heading of the letter says

Home Office - Immigration Service Enforcement and Removals Directorate.

Does that mean anything alarming?

[John]

Does that mean anything alarming?

I am not at all sure.

Does anyone else have a clue whether this is a bad sign, or simply the department that deals with 14-year applications?

[eso]

well CEU (croydon enforcement unit )explained to my brother that all they do ,is find detention space availabilty ,arrange removal flights and raid on people that are reffered to them . they got him twice in fact

i also not sure if the CEU is this very departement

[vannie25]

Does that mean anything alarming?

I am not at all sure.

Does anyone else have a clue whether this is a bad sign, or simply the department that deals with 14-year applications?

Fear not Boss!

That is the department that seem to deal with all 'non-straightfoward' applications- dare I say 'outside the rules' applications. The work this department does is primarily to enforce the removal of non compliant immigrants.

My case was referred to this dept when my asylum appeal case was rejected by the H/O. This dept tends to monitor the referred immigrants by asking them to periodically report to their office i.e. the referred may be asked to report either weekly or monthly, based on the referred capability to engage clandestinely.

I had dealt with this department for 7 years (since 1997) until I thankfully obtained my indefinite leave to remain in 2004. Prior to then I was subject to the cruel monthly reporting.

IMO, I view the H/O's contact with you as good. This may imply your case has been handed to a casework, hence may be currently under consideration. Whilst it wouldn't suprise me if they had lost/misplaced your initial supporting docs, I'll suggest you respond to them ASAP and resend the copies of the required documents.

Goodluck!

[eso]

i thought the application is handeled by initial consideration unit first
i didnt know that reporting conditions where used for such applications
(reporting is used to minimise absconding )
what would a case worker in a departement in charge of removals and detention work on an application for LRC
when my brother got detained at his wedding CPU was there ,after a long ordeal in various detantion centres a judge finally ruled that he was not detainable ,ordered the CPU not to interfere in his second wedding date .after he got his marriage certificate he had to go back to them so they can see that a caseworker from EU application is dealing with his matter ,they detained him again saying that they have not received the correspondance from the EU side of thing .he show them all proofs that his application is being considered but they have still detained him for 5 weeks ,then served him with 3 removal notices whilst there ,then said sorry mate wrong path
my guess is that the application has fallen into the wrong hands by "mistake " ,and a reputable solicitor should be at least advised on the matter just in case

[Sunnyboy]

Hi
You have already done a detailed analysis of your matter by now
Apperently one is your application on long residence and
Another issue that is spouse British and based in Uk. In any way HO reponse is not negative yet but in any event in your long residence application the component of your family life issue is intertwined and HO can not ignore that if they find a well balanced satisfecton from your long residence.

One of the scenario even if HO do not get full fledged evidence for full time as problems in these cases are how to get a concrete evidence during the illegal period. I hope application must have been supported by the evidence about your suitability of character as well which they are bound to look into carefully with your other records. In these cases delays are bound to be .

You may bear in mind that your spouse is based in UK and you have been living together as you have established a family life in UK. If you have requested HO the difficulty and disturbance in you family life and they will give thought to the same. There is a consideration of spouse issue in this application also which now you some how want to put before ECO of your origin . Your recent correspondence shows matter is following due process probably outcome may not be very late . However you have to judge this dalay I believe with IT career prospect and then please give a proper thought to it.