10 Years rule and couple of questions

[adamboston]

Dear all


I am intending to apply for ILR under 10 years Long residency rule. I came to UK as a student in Aug 2001 and did my undergrad and postgrad degrees in 5 years time. My wife, also a student since 2005, is currently undertaking her PhD degree and since 2006 I am here as her dependant. Our current visa is ending in September. My wife progressed from her PGDiploma, then MSc and now PhD during this time and is now intending to extend her student visa, for another year, to finish her painstaking PhD.

We always applied for our extensions on time and before the expiry of the previous leaves but I have noticed couple of things in my current and previous passports;

1. I've been outside the UK on three occasions in 10 years for 75 days in total (2003, 04 and 08 for 25, 43 and 5 days respectively). On couple of occasions (in 2003 and 2004) my passport was NOT entry stamped when I entered the UK but there are EXIT stamps from my country of origin and Dubai (connecting flights). I am not sure why the passport was never Entry stamped as I believe all the data must have recorded at the time of re-entering the UK.

2. In 2005 and 2007 I applied for my extensions by the postal service before the expiry of my then leaves but the visa issue dates were 3-5 months after the expiry of the previous visa. I have read the Chapter 18 of the INI, available on the UKBA website, which suggests that in such a case a stay is not broken if the application was sent in time and it was merely the waiting time of the FLR applications. Can someone please confirm what I have understood about the matter is correct?

I have recently requested my SAR file and I am really hoping that it contains the above the information. Please correct me if that's not the case!!!!

Many thanks in advance apologies for the long note.

[[iD]]

Dear all


I am intending to apply for ILR under 10 years Long residency rule. I came to UK as a student in Aug 2001 and did my undergrad and postgrad degrees in 5 years time. My wife, also a student since 2005, is currently undertaking her PhD degree and since 2006 I am here as her dependant. Our current visa is ending in September. My wife progressed from her PGDiploma, then MSc and now PhD during this time and is now intending to extend her student visa, for another year, to finish her painstaking PhD.

We always applied for our extensions on time and before the expiry of the previous leaves but I have noticed couple of things in my current and previous passports;

1. I've been outside the UK on three occasions in 10 years for 75 days in total (2003, 04 and 08 for 25, 43 and 5 days respectively). On couple of occasions (in 2003 and 2004) my passport was NOT entry stamped when I entered the UK but there are EXIT stamps from my country of origin and Dubai (connecting flights). I am not sure why the passport was never Entry stamped as I believe all the data must have recorded at the time of re-entering the UK.
They used to stamp your passport when you travelled on that leave for the first time, so that's ok

2. In 2005 and 2007 I applied for my extensions by the postal service before the expiry of my then leaves but the visa issue dates were 3-5 months after the expiry of the previous visa. I have read the Chapter 18 of the INI, available on the UKBA website, which suggests that in such a case a stay is not broken if the application was sent in time and it was merely the waiting time of the FLR applications. Can someone please confirm what I have understood about the matter is correct?

Yes

I have recently requested my SAR file and I am really hoping that it contains the above the information. Please correct me if that's not the case!!!!

I never had a sar file myself and never needed that anyway but some people say SAR does have these details and some people, well they simply deny that.

Many thanks in advance apologies for the long note.

IMO your case looks straight forward to me

[adamboston]

[iD] many thanks dear. I remember in those years (2003 & 2004) some officials, carrying UK Immigration badges, at the Dubai Airport used to stand at the flight gates to check people passports who were boarding to the UK from UAE.

I was quite worried coz my wife's passport has all the entry dates from 2005 and onwards.

So kind dear - God bless you.

[joh118]

[iD] many thanks dear. I remember in those years (2003 & 2004) some officials, carrying UK Immigration badges, at the Dubai Airport used to stand at the flight gates to check people passports who were boarding to the UK from UAE.

I was quite worried coz my wife's passport has all the entry dates from 2005 and onwards.

So kind dear - God bless you.

you have nothing to worry about. Just look through your SAR file and just confirm what you know already with what's in the SAR file. Also you may want to include a page from the SAR file in your application to prove that you submited your application on time where the visas do not overlap.

good luck

[ash786]

Dear all


I am intending to apply for ILR under 10 years Long residency rule. I came to UK as a student in Aug 2001 and did my undergrad and postgrad degrees in 5 years time. My wife, also a student since 2005, is currently undertaking her PhD degree and since 2006 I am here as her dependant. Our current visa is ending in September. My wife progressed from her PGDiploma, then MSc and now PhD during this time and is now intending to extend her student visa, for another year, to finish her painstaking PhD.

We always applied for our extensions on time and before the expiry of the previous leaves but I have noticed couple of things in my current and previous passports;

1. I've been outside the UK on three occasions in 10 years for 75 days in total (2003, 04 and 08 for 25, 43 and 5 days respectively). On couple of occasions (in 2003 and 2004) my passport was NOT entry stamped when I entered the UK but there are EXIT stamps from my country of origin and Dubai (connecting flights). I am not sure why the passport was never Entry stamped as I believe all the data must have recorded at the time of re-entering the UK.

2. In 2005 and 2007 I applied for my extensions by the postal service before the expiry of my then leaves but the visa issue dates were 3-5 months after the expiry of the previous visa. I have read the Chapter 18 of the INI, available on the UKBA website, which suggests that in such a case a stay is not broken if the application was sent in time and it was merely the waiting time of the FLR applications. Can someone please confirm what I have understood about the matter is correct?

I have recently requested my SAR file and I am really hoping that it contains the above the information. Please correct me if that's not the case!!!!

Many thanks in advance apologies for the long note.

1. Your SAR file would not have any dates for the entry or exit from the UK.

2. Your SAR will have all the dates wen u submitted your applications.

3. As long as you have applied before the expiry of the visas you wud be fine and it does not matter how long HO took to issue you a visa as u leave was extended under section 3C and 3D.

4. Dont worry too much about date as all u need to do is to put the dates on the form wen u arrived in your home country and wen u left your home country (Enter and Exit stamps from your country immigration).

5. UK does not stamp passport wen u leave or enter the UK apart from the Entry Clearance stamp.

6. However, the new eborder will record the dates wen it is implemented.

There are plenty of threads on this forum where u will find everything u need to know.

[khan2015]

[quote="adamboston"]Dear all


Hi adam ,first of all i would like to congratulate you in advance for your ILR bcus you might not know that within couple of months times they are going to do some changes in this category.so for the people who would apply next year march and on wards would face some restrictions.you are on time so you don't need to worry at all bcus you are applying in a right time.
As far as stamps on passport are concerned in back 2003-04 they may not bothered to stamp your passport for some reason because they could collect data from airline in which you travelled.so but now a days each n every passport got stamped strictly and one more thing as long as you applied for your previous LTR's on time you don't need ti worry.
I can give you a surety that you will get your ILR very soon.
best of luck for your future

[adamboston]

Thank you all for your advice. You guys are just great and specially you Mr. Khan for making me feel quite better. Keep up the good work.

Sorry for being cheeky but I have one last question:

Do I need a legal representation from a solicitor even if my application is straight forward?

Just bit more about my personal circumstances; I have passed Life in the UK test, no traffic offences or criminal record (Thanks Goodness for that), I am working in public sector, for the same employer, since 2006 and currently on £29K a year salary. I was also involved in various voluntary projects (for the local council) in past.

I have been reading some posts which gave me the impression that legal represenation is not always required unless your case is more or less complicated. A friend of mine told me it is always suggested to get the application done through a solicitor.

I have also been looking some solicitors websites and they are charging sky high fee from £900 - £1500 to attach their representation letter along with the ILR long Residency application as it does make a difference.

Any suggestions on a DIY application?

[khan2015]

Hi Adam:
just for yourself i am telling you that you dont need any solicitor if you need any help regarding filling a form i can help you if you need my help in filling up the form i am always here to help you.you don't need to worry at all.you can contact me at any time.i would suggest you to fill your form within couple of days and keep it in a safe place and apply for 28 days when we 10 years residency is due.
i will provide all the information you need to know.
thanks

[adamboston]

Hi Adam:
just for yourself i am telling you that you dont need any solicitor if you need any help regarding filling a form i can help you if you need my help in filling up the form i am always here to help you.you don't need to worry at all.you can contact me at any time.i would suggest you to fill your form within couple of days and keep it in a safe place and apply for 28 days when we 10 years residency is due.
i will provide all the information you need to know.
thanks

Khan2015 you are so kind and I can't thank you enough. Yes I would definitely do what you have suggested and would certainly ask for your help.

You mentioned about 28 days application time which, in my case, starts from 03.07.11 (as current leave ends on 31.07.11) but my 10 years are completing on 10.08.11. I believe this 10 days gap should be covered under 28 days rule.

The first Visa issued in 2001 was from 01.08.01
Entered into UK on 10.08.01
Current leave expires on 31.07.11

I hope it is safe to apply after 13.07.11 (instead of 03.07.11) as it is 28 days from the 10th Anniversary of my residence i.e. from 10.08.01 to 10.08.11.

Thanks a million.

[khan2015]

adam you don't worry at all right if you could send me a form so i can fill the form for you and returned back to you so i think it will help you are lot all you have to do just enter your personal details n that's it.i think it should be ok with you if you need any other help i am always here for you guys.
when you get your ILR just give some money(whatever you like) to any mosque near you and if you couldn't do this not worry just rememeber me in your prays.If you want i can give you my personal contact number so you can call regarding your application form that how to fill then i will guide you.that's not an issue.
thanks

[adamboston]

adam you don't worry at all right if you could send me a form so i can fill the form for you and returned back to you so i think it will help you are lot all you have to do just enter your personal details n that's it.i think it should be ok with you if you need any other help i am always here for you guys.
when you get your ILR just give some money(whatever you like) to any mosque near you and if you couldn't do this not worry just rememeber me in your prays.
thanks

Thanks - you are an absolute gentleman. God bless you and your family.

[adamboston]

Sorry for being a pain again.

I just need clarification on two point;

As mentioned above my first Entry date was 10.08.01 (visa issued on 01.08.01). That means I am completing my 10 years on 10.08.11 but my current leave is expiring on 31.07.11.

1. My question is do I need to apply for another extension to cover the remaining 10 days i.e. from 31.07.11 to 10.08.11 or this period is covered in 28 days prior to the completion of the qualifying period.

2. And what is the safest time, in my case, to apply for ILR (what date and onwards)?

Thank you so much guys.

[vinny]

See also Applying for ILR on 10 years basis 28 days before.

[khan2015]

Hi you don't need to get an extension but you can apply for ILR within 28 days before your 10 years long residence no probs at all

[adamboston]

Thanks everyone for the help.

Last night I was watching on TV a law show on an asian channel, and a female caller, who was in the same stituation as mine, asked the following question:

'I am here as a student dependent but I am also going to complete my 10 years in this country on 7th Nov 2011. Our (mine and my husband's) visas are gonna expire on 31st October 2011. My husband is applying for further student T4 extension but I'll be applying seaprately (not as his dependent this time) for ILR under 10 years rule. My question is my husband is applying for his visa extension at the local PEO in the first week of October but I'll be applying by post. Can my husband still include me in his T4 extension as his dependent just in case my ILR application gets refused for 'some' reason though my case is straight forward'.

The lawyer answered yes she can as she would still have the LTR and she can always apply for ILR after a month when she completes 10 years.

Emmm I not sure if that's currect and if it is the correct advice then should I be doing the same thing?

Khan2015, ash786, joh, [id] and the moderators what you guys reckon?

Cheeers guys.

[ash786]

Thanks everyone for the help.

Last night I was watching on TV a law show on an asian channel, and a female caller, who was in the same stituation as mine, asked the following question:

'I am here as a student dependent but I am also going to complete my 10 years in this country on 7th Nov 2011. Our (mine and my husband's) visas are gonna expire on 31st October 2011. My husband is applying for further student T4 extension but I'll be applying seaprately (not as his dependent this time) for ILR under 10 years rule. My question is my husband is applying for his visa extension at the local PEO in the first week of October but I'll be applying by post. Can my husband still include me in his T4 extension as his dependent just in case my ILR application gets refused for 'some' reason though my case is straight forward'.

The lawyer answered yes she can as she would still have the LTR and she can always apply for ILR after a month when she completes 10 years.

Emmm I not sure if that's currect and if it is the correct advice then should I be doing the same thing?

Khan2015, ash786, joh, [id] and the moderators what you guys reckon?

Cheeers guys.

1. You can apply without an extension and that shud not be a problem.
2. You need to be very careful with the application as your leave will be expired while your application is with HO.
3. Make sure that you pay by Postal Orders to avoid any payment problems.
4. Make sure that all u previous extension applications were made on time.
5. U provide all the pasports, life in the UK test and fill the form correctly.
6. As far as your caller example is concerned, Her husband can include her in his Tier 4 application but she will have to withdraw her application for Tier 4 dependent and then apply for 10 years in her own eligibility.
7. She can not have two applications at the same time.
8. After she gets her Tier 4 dependent visa then she can apply for 10 years as soon as she is eligible to apply.
9. I am not sure why the lawyer suggested that yes she can as for 10 years , u need to provide your passports for the application (passports are the main source of the eligiblity for 10 years visa) so if the passport is with HO but for Tier 4 application then it is just a problem.
10. If you can not provide all the passports then she wud have to complete the section 10T which asks for different bunch of documents in case u can not provide your passports for the period claimed.
11. If you r applying for the 10 years then why not get u wife to apply as your dependent under this category instead of the Tier 4 visa(m not sure that if you have thought about it or doing sumfin different).

[adamboston]

Thanks everyone for the help.

Last night I was watching on TV a law show on an asian channel, and a female caller, who was in the same stituation as mine, asked the following question:

'I am here as a student dependent but I am also going to complete my 10 years in this country on 7th Nov 2011. Our (mine and my husband's) visas are gonna expire on 31st October 2011. My husband is applying for further student T4 extension but I'll be applying seaprately (not as his dependent this time) for ILR under 10 years rule. My question is my husband is applying for his visa extension at the local PEO in the first week of October but I'll be applying by post. Can my husband still include me in his T4 extension as his dependent just in case my ILR application gets refused for 'some' reason though my case is straight forward'.

The lawyer answered yes she can as she would still have the LTR and she can always apply for ILR after a month when she completes 10 years.

Emmm I not sure if that's currect and if it is the correct advice then should I be doing the same thing?

Khan2015, ash786, joh, [id] and the moderators what you guys reckon?

Cheeers guys.

1. You can apply without an extension and that shud not be a problem.
2. You need to be very careful with the application as your leave will be expired while your application is with HO.
3. Make sure that you pay by Postal Orders to avoid any payment problems.
4. Make sure that all u previous extension applications were made on time.
5. U provide all the pasports, life in the UK test and fill the form correctly.
6. As far as your caller example is concerned, Her husband can include her in his Tier 4 application but she will have to withdraw her application for Tier 4 dependent and then apply for 10 years in her own eligibility.
7. She can not have two applications at the same time.
8. After she gets her Tier 4 dependent visa then she can apply for 10 years as soon as she is eligible to apply.
9. I am not sure why the lawyer suggested that yes she can as for 10 years , u need to provide your passports for the application (passports are the main source of the eligiblity for 10 years visa) so if the passport is with HO but for Tier 4 application then it is just a problem.
10. If you can not provide all the passports then she wud have to complete the section 10T which asks for different bunch of documents in case u can not provide your passports for the period claimed.
11. If you r applying for the 10 years then why not get u wife to apply as your dependent under this category instead of the Tier 4 visa(m not sure that if you have thought about it or doing sumfin different).

dear ash786 thanks so very much, I have now made a list of all 'To Do' things before I start making the application.

Honestly I never thought about the FLR(M) option for my wife probably due to the reason that my wife is with a highly trusted sponsor, doing her PhD and she is on a scholarship and that makes her case stronger than mine (as I still dont have my SAR file which would confirm all the dates I am after).

The female caller, I was talking about, was worried in case her ILR is refused she would still have LTR as Tier 4 dependent. I was thinking on the same lines, as if my wife and I (as her dependent) go to the local PEO in first week of July to get the same day visa done (get the passports back) and after 18 July when I am in the 28 days period to qualify for 10 years I apply again by post for ILR. Still I am not sure if it's a workable option.

One more thing - The lawyer also said she (the caller) can not apply for ILR unless she completes full 10 years and 28 days rule doesnt apply in 10/14 years cases. This totally contradicts the 28 days rule described in the Long Residence chapter 18.

Bless

[ash786]

Thanks everyone for the help.

Last night I was watching on TV a law show on an asian channel, and a female caller, who was in the same stituation as mine, asked the following question:

'I am here as a student dependent but I am also going to complete my 10 years in this country on 7th Nov 2011. Our (mine and my husband's) visas are gonna expire on 31st October 2011. My husband is applying for further student T4 extension but I'll be applying seaprately (not as his dependent this time) for ILR under 10 years rule. My question is my husband is applying for his visa extension at the local PEO in the first week of October but I'll be applying by post. Can my husband still include me in his T4 extension as his dependent just in case my ILR application gets refused for 'some' reason though my case is straight forward'.

The lawyer answered yes she can as she would still have the LTR and she can always apply for ILR after a month when she completes 10 years.

Emmm I not sure if that's currect and if it is the correct advice then should I be doing the same thing?

Khan2015, ash786, joh, [id] and the moderators what you guys reckon?

Cheeers guys.

1. You can apply without an extension and that shud not be a problem.
2. You need to be very careful with the application as your leave will be expired while your application is with HO.
3. Make sure that you pay by Postal Orders to avoid any payment problems.
4. Make sure that all u previous extension applications were made on time.
5. U provide all the pasports, life in the UK test and fill the form correctly.
6. As far as your caller example is concerned, Her husband can include her in his Tier 4 application but she will have to withdraw her application for Tier 4 dependent and then apply for 10 years in her own eligibility.
7. She can not have two applications at the same time.
8. After she gets her Tier 4 dependent visa then she can apply for 10 years as soon as she is eligible to apply.
9. I am not sure why the lawyer suggested that yes she can as for 10 years , u need to provide your passports for the application (passports are the main source of the eligiblity for 10 years visa) so if the passport is with HO but for Tier 4 application then it is just a problem.
10. If you can not provide all the passports then she wud have to complete the section 10T which asks for different bunch of documents in case u can not provide your passports for the period claimed.
11. If you r applying for the 10 years then why not get u wife to apply as your dependent under this category instead of the Tier 4 visa(m not sure that if you have thought about it or doing sumfin different).

dear ash786 thanks so very much, I have now made a list of all 'To Do' things before I start making the application.

Honestly I never thought about the FLR(M) option for my wife probably due to the reason that my wife is with a highly trusted sponsor, doing her PhD and she is on a scholarship and that makes her case stronger than mine (as I still dont have my SAR file which would confirm all the dates I am after).

The female caller, I was talking about, was worried in case her ILR is refused she would still have LTR as Tier 4 dependent. I was thinking on the same lines, as if my wife and I (as her dependent) go to the local PEO in first week of July to get the same day visa done (get the passports back) and after 18 July when I am in the 28 days period to qualify for 10 years I apply again by post for ILR. Still I am not sure if it's a workable option.

One more thing - The lawyer also said she (the caller) can not apply for ILR unless she completes full 10 years and 28 days rule doesnt apply in 10/14 years cases. This totally contradicts the 28 days rule described in the Long Residence chapter 18.

Bless

1. If the layer said that then he is wrong as you can apply 28 before you complete the 10 years period which is mentioned in the guidence.
2. Also do not forget that ILR applications for 10 years can not be made in person and takes longer then anticipated (Some got it in 1 month others still waiting for over six months)
3. If you want to get the Tier 4 visa first and then apply for 10 years ILR then that wud be your choice.

[adamboston]

Hello Guys

Here I am again confused and baffled. Few days ago I heard on another legal programme on tv someone in the same situation as mine (applicant for 10 years residency ILR and wife is a student and going to extend her tier 4 visa). The solicitor told the caller that it would be better if his wife applies as his dependant by sending FLR(M) instead of FLR(S) along with the main applicant's ILR application (as dependants are not allowed on the same set(o) form under long residency rule).

As you guys can see from previous posts that I am intending to apply for ILR and my wife is a PhD student. Can someone please advice which is the best way to go ahead for my wife? FLR(M) or FLR(S)? The solicitor suggested FLR(M) option is less complicated and you wouldn't need to bother about the Tier4 maintenance and a year fee requirement, though in my wife's case she can show both. (I posted a question in Tier4 section about the maintenance but didn't get any reply).

Different solicitors on tv tell different stuff.

Thanks for the advice.

[vinny]

A FLR(M) holder will have the choice of applying for SET(M) after 2 years' time.

[adamboston]

Thanks Vinny

I think the solicitor was making the same point (quick route to settlement for partner).

Cheers

[adamboston]

Sorry another question:

If my wife applies under FLR(M) does she need to do Life in the UK test?

My wife obtained her PGDip and Masters from UK university and currently doing her PhD here.

Thanks

[vinny]

If not exempted, then:

KOL required before applying for ILR.
A1 required before applying for FLR(M).

[adamboston]

Thanks Vinny

I've just read the HO link which you sent in your reply. This states the concession applies when the partener has done Master's degree from UK and/or:

You mention Bachelors degrees but will you accept Master’s Degrees and PhDs?

As a concession the UK Border Agency will also accept the following qualifications as meeting the English language requirement for spouses and partners:-
•
Any masters degree or PhD obtained in the UK
•
Any masters degree or PhD obtained in one of the specified majority speaking countries; Antigua and Barbuda, Australia, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and The Grenadines, Trinidad and Tobago, the UK and the USA
or
•
Any Master’s degree or PhD, not obtained in the UK or specified majority English speaking country above, which UK NARIC have assessed and verified as being taught or research in English and confirmation from UK NARIC has been submitted with the application
The Immigration Rules will be amended at the next available opportunity to bring this concession within the Immigration Rules. Until then applicants who submit evidence of acceptable Masters or PhDs will be treated as having met the English language requirement pending the Rules change. In such cases any leave granted will be under the Immigration Rules.
We can only accept Master’s degrees or PhDs recognised by UK NARIC.
If your Masters degree or PhD is recognised by UK NARIC please submit evidence of your qualification as indicated above.
If you cannot find your Masters degree or PhD on the points-based calculator, you may still be able to use it to meet the English requirement. In these circumstances you should contact UK NARIC directly for an assessment of the level of the qualification and, if UK NARIC confirms it is of the required level, obtain a letter and/or confirmation certificate from UK NARIC. You can find a link to the UK NARIC website below. It is an independent website, for which we are not responsible. It may charge a fee for confirming qualifications. http://www.naric.org.uk/
You can then supply this statement of compatibility from UK NARIC with your application. However if UK NARIC cannot confirm the equivalence of your qualification you will not be able to use it to meet the new English language requirement.

I have a degree which meets your requirements. Do I need to take a test as well?

No. You do not need to take a test as well.

Therefore no need for A1 test.

Thanks again, God Bless.

[adamboston]

Just an update:

Received my SAR file today and the Good News is there isn't a single gap in 10 years. The file doesnt contain 'in time' or 'out of time' or similar words. The application raised date is the only way to figure out whether or not there's a gap.

Just not sure about my first extension when the visa was expiring on 31st Jan 2003 and application raised date is also 31st Jan 2003. I remember the application was posted, by my university, couple of days before the expiry of the visa. Can someone please confirm if it's okay and means no gap?

Secondly, there are no landing cards or in & out details in the file (apart from the date of first arrival). I refer to my first post in this thread when I enquired about the missing UK arrival and departure stamps. Now the only proof of my absence (3 trips and the total of less than 90 days in 10 years) is the entry and exit stamps of my country of origin and UAE (connecting Emirates Flights).

Thanks