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14 Year Continuous Residence ILR Application

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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chorc123
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Post by chorc123 » Sat Oct 02, 2010 1:25 pm

Smoothrun wrote:I have received my ILR today on the basis of 14 years residence. Waited 28 weeks. Called UKBA twice. Issued by Liverpool. Shall I apply for citizenship after 1 year or longer?

I have been member here only 4 days ago. So quite went distance so far. Thank you God.
Hi, oh... it seems everybody has received ILR. I don't know why mine is still waiting that long... Smoothrun, can you tell about your story?

Smoothrun
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Post by Smoothrun » Sat Oct 02, 2010 1:42 pm

My story: I have submitted very well organised 14 years of docs... any kind from school docs to company records and membership cards assure no gap in my residence. I have made my own application with 2 pages personal history, very wordy though. I have approached MP but decided not to use him as Kiwigirl hinted it may not be necessary at least my case. My case seemes having very large volume of docs but my consistency, transparency and both academic and professional engagements apparently and fairly dealt by UKBA. I have called UKBA twice after 14 and 20th weeks; both indicated incomplete, however, I have kind of interpreted it my case under consideration with no decision yet when I phoned them.

chorc123
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Post by chorc123 » Sat Oct 02, 2010 2:24 pm

Smoothrun wrote:My story: I have submitted very well organised 14 years of docs... any kind from school docs to company records and membership cards assure no gap in my residence. I have made my own application with 2 pages personal history, very wordy though. I have approached MP but decided not to use him as Kiwigirl hinted it may not be necessary at least my case. My case seemes having very large volume of docs but my consistency, transparency and both academic and professional engagements apparently and fairly dealt by UKBA. I have called UKBA twice after 14 and 20th weeks; both indicated incomplete, however, I have kind of interpreted it my case under consideration with no decision yet when I phoned them.
Hi, have you got any kids and/or partner with your application? Was the last 14 years got some illegal stay? Thanks.
I am just so worried as our file is still sitting at Croydon and still not with a caseworker.

Smoothrun
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Post by Smoothrun » Sat Oct 02, 2010 2:55 pm

Nope, I am single. No dependant. Yes, applied 14 years long residence fitting into my case. If you are worried about progress of your submission, exhibit your circumstances to your MP who has special fast track line. If he asks any specific question about your case a coherenet answer supposed to be given by UKBA. As Kiwigirl most recently wrote standard answer to MP less than being terse, though I have not used MP myself. Good side seems there is not extra delay for 14 years compared to 10 years, I think, just UKBA does not fast track 14 years while some 10 years have been positively prioritised in some occasions.

chorc123
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Post by chorc123 » Sat Oct 02, 2010 3:08 pm

Smoothrun wrote:Nope, I am single. No dependant. Yes, applied 14 years long residence fitting into my case. If you are worried about progress of your submission, exhibit your circumstances to your MP who has special fast track line. If he asks any specific question about your case a coherenet answer supposed to be given by UKBA. As Kiwigirl most recently wrote standard answer to MP less than being terse, though I have not used MP myself. Good side seems there is not extra delay for 14 years compared to 10 years, I think, just UKBA does not fast track 14 years while some 10 years have been positively prioritised in some occasions.
Hi, thank you for your reply. Yes, we have contacted my MP, then we have received letter from UKBA via MP, as you can see my posts earlier. Still no news.

Smoothrun
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Post by Smoothrun » Sat Oct 02, 2010 4:41 pm

Hello again. Project everything back in your submission and if there is no major change or addition, be a little more patient. I have read previouly if you case may have legacy case, there are few faciliation you can go through. Because you have waited that long such a route may or may not accelarate the process. In extreme circumstances, you can. It looks you can.

chorc123
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Post by chorc123 » Sat Oct 02, 2010 5:24 pm

Smoothrun wrote:Hello again. Project everything back in your submission and if there is no major change or addition, be a little more patient. I have read previouly if you case may have legacy case, there are few faciliation you can go through. Because you have waited that long such a route may or may not accelarate the process. In extreme circumstances, you can. It looks you can.
Hi, my case isn't legacy. Our acknowledgement letter for 14 years rule was received 11/feb/10. I know our story was a bit extraordinary, or may be we were so silly years back. Anyway, I do hope it will come through quickly as life is hard enough now. We were just told UKBA couldn't put our case ahead of other people. For me, it sounds very stupid as no one knows how they put people in the queue. I still think it just really depends on your luck if a caseworker pick up the file to look at it.
Anyway, I am very for you and hope you have a new start and bright future.

Smoothrun
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Post by Smoothrun » Sat Oct 02, 2010 7:37 pm

Thank you. Getting a glimpse into what is the actual regime of processing 14 years applications, UKBA deciding more and more settlements among 10 years apps much quicker than the period six months ago, that is indicative being quicker process of 14 years. To put it into the frame, speedier process shoulb be contemplater faster responses by about 1 or 2 months. My estimate is purely subjective and even intuitive. Just posted to be mind opening... Good luck.

kiwigirl25
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Post by kiwigirl25 » Mon Oct 04, 2010 12:38 pm

Congrats smoothrun, what a huge relief for you.

Chorc - my application is very similar to smoothrun, actually almost the same. No dependants, 14 years of documentation ensuring that every single month was accounted for. Education, tax statements, payslips, etc; along with 3 characters references and a lengthy statement from me outlining my personal history.

Maybe your application is taking a little longer because you do have dependants on your application. Have you considered that your solicitor may be sitting on your ILR response? Given what you've said about him/her it's more than likely. Give them a call, give UKBA a call and as smoothrun advised contact your MP again, request a face-to-face appointment so you can outline your circumstances in person so he can see you as a person with real emotions not just some query.

Regarding citizenship, it is the full 5 years as we have in breach of immigration rules. After a year if won't hurt to contact the appropriate department of UKBA to ascertain if you are eligible or not. Bearing in mind this current Government is threatening to change the immigration laws:

Residential requirements:

To demonstrate the residential requirements for naturalisation, you must have:

been resident in the UK for at least five years (this is known as the residential qualifying period); and
been present in the UK five years before the date of your application; and
not spent more than 450 days outside the UK during the five-year period; and
not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
not been in breach of the Immigration Rules at any stage during the five-year period.

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

Chorc - I sincerely hope it's good news soon. :)
Please note due to personal circumstances I am no longer unable to reply to Private Messages.

chorc123
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Post by chorc123 » Mon Oct 04, 2010 1:51 pm

[quote="kiwigirl25"]Congrats smoothrun, what a huge relief for you.

Chorc - my application is very similar to smoothrun, actually almost the same. No dependants, 14 years of documentation ensuring that every single month was accounted for. Education, tax statements, payslips, etc; along with 3 characters references and a lengthy statement from me outlining my personal history.

Maybe your application is taking a little longer because you do have dependants on your application. Have you considered that your solicitor may be sitting on your ILR response? Given what you've said about him/her it's more than likely. Give them a call, give UKBA a call and as smoothrun advised contact your MP again, request a face-to-face appointment so you can outline your circumstances in person so he can see you as a person with real emotions not just some query.

Hi, Kiwigirl,
Thank you for your response again. I think I will wait till end the this week and see what happens. Yes it is very frustrating and distress at the moment. Our application is me and my partner. Kids are British Citizens. I agreed that family cases take longer to consider as people would claim more benefit in future. To be honest, I don't know what our solicitor wrote about our history. However, I think my MP has sent our history in details to UKBA.
I do hope we will have some good news shortly.

thelastman
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Post by thelastman » Tue Oct 26, 2010 6:24 pm

I have approached a non profit immigration advisory about my application, they are talking about legal aid (chorc123 you mentioned about having not been informed about this). Does anyone know if this will affect my 14 Years Long Residence application. Will it be classified as resorting to public funds. I am changing my solicitor and absolutely cannot afford to pay another solicitor fee.
Also among those who have been granted ILR, was anyone an illegal entrant?

chorc123
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Post by chorc123 » Tue Oct 26, 2010 10:02 pm

thelastman wrote:I have approached a non profit immigration advisory about my application, they are talking about legal aid (chorc123 you mentioned about having not been informed about this). Does anyone know if this will affect my 14 Years Long Residence application. Will it be classified as resorting to public funds. I am changing my solicitor and absolutely cannot afford to pay another solicitor fee.
Also among those who have been granted ILR, was anyone an illegal entrant?
Hi, I think you can apply legal aid. I know somebody used legal aid for 14 years case and be granted within 18 months. However, I don't know if they were illegal entrant or what. None of my solicitors ever mentioned about legal aid, maybe they want more money from me than legal aid, I don't know.
However, it is worth to ask.
Moreover, we still haven't got any news till today.

thelastman
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Post by thelastman » Tue Oct 26, 2010 10:10 pm

Thanks for the reply. I approached non-profit organisations, hence the legal aid option. Even though some were asking for money and one guy told me " well if you need to get; one, two or three thousand pounds you will and can get it if you have to can't you" I told him it was simple impossible in my position. My financial situation has been a cause of severe delay.
Im sorry you still have not heard the news you are expecting. I hope it happens soon. And I can tell how anxious and apprensive you are about it. But it is out of your control, so try and be patient and positive about it. I wish you the best of outcome.

rajauk
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14 year ilr application success

Post by rajauk » Fri Oct 29, 2010 4:17 pm

My cousin and his family applied for ILR under 14 year rule.
Application was made in June 2009 for all of them. The youngest family member received ILR on 22nd October while rest of the family of 4 is still waiting.
It's taken 16 months for ukba to reach its decision. Rest of the family still waiting for their decisions.
Rajauk

chorc123
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Re: 14 year ilr application success

Post by chorc123 » Fri Oct 29, 2010 7:30 pm

rajauk wrote:My cousin and his family applied for ILR under 14 year rule.
Application was made in June 2009 for all of them. The youngest family member received ILR on 22nd October while rest of the family of 4 is still waiting.
It's taken 16 months for ukba to reach its decision. Rest of the family still waiting for their decisions.
Rajauk
I just don't understand why UKBA granted ILR for single applicants much quicker than couple/ family application. I keep thinking it is because HO think people with kids would claim more benefits in future, so it holds up those applications a lots longer, but never ever think those people aren't all workshy. We only want normal family life and work hard and pay tax.

avjones
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Post by avjones » Sat Oct 30, 2010 1:00 am

I think it would be rare to get legal aid for a 14 year application.

But I could be completely wrong, I don't deal with legal aid applications.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

rajauk
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Post by rajauk » Sat Oct 30, 2010 3:01 pm

I can confirm that legal aid is available for applications under 14 year rule. It all depends on the who your solicitor is. My cousin and his family have received legal aid, they only paid the application fees that are taken by UKBA, all the legal advice and any work done by their solicitor was free as the solicitor got legal aid to cover the costs. The only way you will not receivelegal aid is if your earnings and savings are above a certain level.

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Re: 14 year ilr application success

Post by geriatrix » Sat Oct 30, 2010 8:05 pm

chorc123 wrote:I just don't understand why UKBA granted ILR for single applicants much quicker than couple/ family application.
There is no couple / family application for settlement under 10/14 years long residence.


regards

chorc123
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Re: 14 year ilr application success

Post by chorc123 » Sat Oct 30, 2010 10:05 pm

sushdmehta wrote:
chorc123 wrote:I just don't understand why UKBA granted ILR for single applicants much quicker than couple/ family application.
There is no couple / family application for settlement under 10/14 years long residence.


regards
yes, I know. I and my partner application is applying as couple but without kids. My kids are British Citizens. I was trying to say is why people who have family here are waiting longer than who have no kids and spouse. Maybe I am wrong, my solicitor applied our application together in the same form as couple and paid over £900 as one application. The most frustrating 'news' which my solicitor told us was: 'your file is sitting at UKBA, however, they wouldn't look at it yet!! May be you have to wait for another year till the caseworker starts to look at it.' I can't change to other solicitor as the case has gone this far and the most important is we have paid part the legal fee and committed to the rest.
We can just sit and wait.

Joseph_03
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Post by Joseph_03 » Fri Nov 26, 2010 8:08 pm

Hi guys new to this forum so apologies if this post is in the wrong section.
Basically my future mother-in-law has been here nearly 14 years, she has two daughters one of whom is 16 and the other is my fiancee who is 23.
Although their solicitor has proven they have been here legally since 1997 due to a major error on the home office's side they are classing them all as overstayers. Their application for FLR was made in March of this year but previously they had been led to believe it had been sent from 2003 but their application was not acknowledged by the home office, their current solicitor whos company has since been closed due to funding has submitted a strong application and our local MP managed to get the case expedited and this week she was called in for an interview, asked to bring passport photos of everyone etc.

When she arrived they had no idea she was meant to be there, they then decided to interview her on the grounds of asylum which was not the correct grounds, the interviewer called Croydon who told him to 'just carry on with it' the interviewer abandoned the interview and 'off the record' told her this was not right and that he would not put forward any information discussed.

She has faxed a letter asking what is happening, I am considering complaining on their behalf as this is just another major error they have made, my fiancee has also put in a separate application as she is no longer a dependant but they all have the same reference. My question is what can we do? can we request another interview? the evidence in their favour is compelling and fits all the criteria for ILR under section 8, my mp has been elected and no longer seems interested, I have to take a pay cut in january which will mean I cant afford all the bills, ideas? sorry its kind of hard condensing so many years into one post.

chorc123
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Post by chorc123 » Fri Nov 26, 2010 11:25 pm

Hi, I think you are better to look for a good solicitor to deal with the case. I heard somebody hired a solicitor and paid by legal aid for 14 years case. It was sucessful and granted ILR. However, I would say you are better to do it sooner than later. As the government may stop legal aid for immigration in short term future due to 'cut'. Maybe I am wrong.

lumera
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Post by lumera » Mon Dec 20, 2010 11:45 pm

chorc123 wrote:Hi, I think you are better to look for a good solicitor to deal with the case. I heard somebody hired a solicitor and paid by legal aid for 14 years case. It was sucessful and granted ILR. However, I would say you are better to do it sooner than later. As the government may stop legal aid for immigration in short term future due to 'cut'. Maybe I am wrong.
I've been very much touched by your story. Have you heard anything yet?
I hope it is well with you and your family...
Your victory is on the way IJN...

chorc123
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Post by chorc123 » Tue Dec 21, 2010 7:16 pm

lumera wrote:
chorc123 wrote:Hi, I think you are better to look for a good solicitor to deal with the case. I heard somebody hired a solicitor and paid by legal aid for 14 years case. It was sucessful and granted ILR. However, I would say you are better to do it sooner than later. As the government may stop legal aid for immigration in short term future due to 'cut'. Maybe I am wrong.
I've been very much touched by your story. Have you heard anything yet?
I hope it is well with you and your family...
Your victory is on the way IJN...
Hi lumera,
No, we haven't received any news at all. My MP wrote a letter to UKBA on August, as you've read on the previous post here. It meant nothing, just be quiet and wait!!!! then my solicitor wrote another over a month ago, no news, no reply. I am going to write another one after Christmas and try to explain the whole situation myself. Also, I am going to ask why some people without family here were granted so quick. However, we were told UKBA cannot put us ' ahead of other similar cases'. No one can explain how that 'queue' works.
In the meantime, we can only enjoy the Christmas and put all worries behind for the time being. Then, start all over again after New Year. Money worries again and again. I have to go for court hearing for council tax arrears after new year. Therefore, what can we do? honestly not much.

lumera
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Post by lumera » Mon Dec 27, 2010 3:58 pm

chorc123 wrote:
lumera wrote:
chorc123 wrote:Hi, I think you are better to look for a good solicitor to deal with the case. I heard somebody hired a solicitor and paid by legal aid for 14 years case. It was sucessful and granted ILR. However, I would say you are better to do it sooner than later. As the government may stop legal aid for immigration in short term future due to 'cut'. Maybe I am wrong.
I've been very much touched by your story. Have you heard anything yet?
I hope it is well with you and your family...
Your victory is on the way IJN...
Hi lumera,
No, we haven't received any news at all. My MP wrote a letter to UKBA on August, as you've read on the previous post here. It meant nothing, just be quiet and wait!!!! then my solicitor wrote another over a month ago, no news, no reply. I am going to write another one after Christmas and try to explain the whole situation myself. Also, I am going to ask why some people without family here were granted so quick. However, we were told UKBA cannot put us ' ahead of other similar cases'. No one can explain how that 'queue' works.
In the meantime, we can only enjoy the Christmas and put all worries behind for the time being. Then, start all over again after New Year. Money worries again and again. I have to go for court hearing for council tax arrears after new year. Therefore, what can we do? honestly not much.

It's a long and unfortunate wait...the New year will bring fresh joy....
The UKBA needs to be seen to be fair to all...I am finding it exceedingly difficult to understand the queuing process and how applications are dealt by the UKBA...seems they forget applications and only remember when there are interventions by MPs, solicitors etc...

I think an independent audit of the activities at the Border Agency...

jiz
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14 year ilr granted

Post by jiz » Mon Jan 24, 2011 7:47 pm

Just wanted to add our experience and give hope to all who are waiting.

My partner applied for ILR under 14 yr rule on 30 September 2010, today our solicitor emailed to advise it has been granted. We are in absolute shock and so happy and thank god for looking after us! We were ready for 1 to 2 year wait to hear anything and so just cannot believe that in less than 4 months it has been received.

Hope all who are waiting receive good news soon, it is the most amazing feeling so hope you experience the same.

p.s if any nasty people want to criticise him for gaining ilr through this route - pls dont you have absolutely no idea what these individuals have been through in their lives - I myself am a british citizen and may have thought the same in the past but to see the suffering, i wouldnt wish it on anyone. Until you have been in the position you will never ever know what it is like.

This forum has been so useful for me because nobody knows our situation so please keep posting as it helps others.

Now off to celebrate :)

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