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Long Residence ILR - questions

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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djc
Newbie
Posts: 32
Joined: Fri Jun 23, 2006 7:50 am

Long Residence ILR - questions

Post by djc » Wed Mar 03, 2010 9:44 am

Hi Guys,

I am due to be eligible to apply for the ILR on the basis of Long Residence. I have a few questions that I need clarification on. I have heard a lot of things whose validity is in question and hence would like to get some informed opinions on this forum.

1) For the 10 year rule, assuming there were no gaps in between, is the 10 years counted from the date of first entry? It sounds ridiculous but I was told (by no authority on the matter) that the HO subtracts the number of days in the 10 years that were spent outside the country (vacations, visiting relatives etc) and expects an application to be made only after the applicant has spent 10 years + the no of days spent outside the country in the last 10 years. Is this true?

2) I was also told that once a person submits an application for Long Residence ILR, the clock is set to zero. Which means that for whatever reason if it is rejected, he has to wait for the 14 year rule to be applicable to him. Is this true?

3) Are the in-person (same day) appointments still happening or have they been scrapped? In the presence of such a facility why do people apply for the ILR by post and wait for over 6 months for the approval to come trough?

4) When one applies for the ILR by post, I am told that the waiting time can be well over six months. If so, is the passport with the home office for the entire duration? Hypothetically, if I needed the passport for urgent travel, and had it back, would I have to submit a fresh application again?

5)What are the documents required for a self employed person to apply for the ILR? What things may have an effect on the outcome? (ie : Criminal conviction, ccjs, bankruptcy, driving offence , unpaid council tax etc). What are the other things to be careful about?

6) I believe that one is eligible for British citizenship after one year of ILR. Is it still the case? Any info on this changing? Any info on proposal to scrap the Long Residence route to ILR?


I know there are a lot of question and feel free to add your own questions over here. Looked for one post with a list of comprehensive questions on the matter but could not find one. Hope this topic not only helps me but others in my situation.

Thanx

foxy
Junior Member
Posts: 89
Joined: Wed Jan 27, 2010 4:19 pm

Post by foxy » Wed Mar 03, 2010 10:49 am

1) No. The number of days spent outside the UK are included in the 10 years.

2) No. The clock isn't reset. Either you're approved or not.

3) They've been scrapped.

4) Yes and yes.

5) Documents list are stated on the form. Just be truthful, there is nothing to be careful about other than getting your facts right.

6) Yes, you're eligible after one year of being free of visa restrictions. The future of long residence is uncertain after the reforms as far as I know.

aman5
Junior Member
Posts: 90
Joined: Wed Feb 17, 2010 11:47 pm

Post by aman5 » Wed Mar 03, 2010 10:55 am

DJC

If I may....may I suggest you also read Home Office 'Immigration Directorates Instructions' pertaining to 'Long Residence' and this guide should hopefully clear most of your queries.... as well as comments on some of the threads of 'Indefinite leave to remain' on this forum where members have already discussed some of these issues at length....

Hope this helps....

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