Appllying for ILR (10 years long residence )

[poiuy]

Hi everyone, I stumble on this forum through my internet search for ILR information. I have a few queries as I am still in the early stage of planning to make the application. My story is a bit long(so I tag the year in brackets) and complicate, maybe confusing at times but please read and advice me. Or just scroll down to the “in short” for the summary!


My nationality: Taiwanese
Age: 24
Arrive in UK: June 2002
Initially(2002) I hold a child dependent visa . (During this time I did my GCSE and A-level and applied for university the usual way through UCAS)
After the first year of my university(2007) my dependent visa expire and since my parent finished the work assignment, I was told to return to Taiwan and applied for a student visa that’s only valid for 2years(not including the master degree year).When I qualify for studying master degree I applied again (In 2009 this time in the UK) with the university for renewal of student visa.

However I manage to fail the master but was given the chance to retake the year part time (just taking the courses I failed) I applied for the renewal of visa(2010) to home office and they give me a 6month student visa. However I do have assignments and meeting I have to attend to help complete the courses I failed after that 6months expired!

I consult my university law advisor and they advise me to: leave UK for a week and return to entry using a “Student visitor visa”. The law advisor wrote a letter on the university’s behalf and I prepared the student records, proof of finance etc.
I did so and return to UK smoothly (ok not super smooth, still has to be grilled by passport control and made to sit and wait and be grilled again…and finally through!) After this I was on the “Student Visitor Visa” for the rest of 6months and I complete my master degree attended graduation. Then I return to Taiwan and applied for Post Study Work Visa (2011) and now I am back in the UK…job hunting.

That’s 10 years there, made me a bit emotional thinking back all these years, haha.

In short:
This summer will mark the tenth year of my life in the UK.
I never left UK for holiday longer then 3month (maybe 2month at one point)
I had never worked full time in the UK.(part time in private work paid cash in hand, once in university with a payslip but…don’t know where that’s gone!!!)
Always on a Dependent or Student visa. Never over stay my visa. No criminal records.
I would like to apply for indefinite leave to remain base on my 10 years long residency in the UK.



My questions are:
1. The “Student Visitor Visa” is the odd one out. I have doubt if this is even qualify for the SET(O) application of long term residency?

2. Reading through the guide from home office. I don’t need to take the life in the UK test, right?

3. Since I returned in UK on the “Student Visitor Visa” I had been living here and there at friends. Having no fixed address/ paid no bill/ paid no council tax, I am not sure if this will affect how home office see my application?

4. Would it make my application weaker since I am still job hunting in the UK when I apply?


Thank whoever read through my post for your time and energy spent on this. I will appreciate any reply or just a chat.

[Krishna555]

1)Any lawful stay will count towards 10 years long residency
2)You need to pass the Life in UK test

You don't need any address proof.Just you need below docs for long residency

Set(O) Application form with fee
2 Photographs
Life in UK pass certificate
Old and new passport

Hope this will help

[mercy4]

Also in my opinion you qualify for the 10 year Long Residence Application but please do Subject Access Request(SAR) ASAP and apply the 10 year Long Residence before your current visa expired

[poiuy]

1)Any lawful stay will count towards 10 years long residency
2)You need to pass the Life in UK test

You don't need any address proof.Just you need below docs for long residency

Set(O) Application form with fee
2 Photographs
Life in UK pass certificate
Old and new passport

Hope this will help

Hey thank you for your information!
So I do need to take a life in the UK test!!
I did a search and come across this:
http://lifeintheuktest.ukba.homeoffice. ... nd_10.html

"You should take the test if you are applying for naturalisation as a British citizen or indefinite leave to remain (settlement) and your level of English is ESOL Entry 3 or above (or, in Scotland, Intermediate Level 1 or above)"

I wonder if my pass in english at GCSE level count in ESOL Entry 3 or something...
Anyway, I will try contact them on the phone tomorow and speak to them directly.

Thank you again for the list of documents required.

Also in my opinion you qualify for the 10 year Long Residence Application but please do Subject Access Request(SAR) ASAP and apply the 10 year Long Residence before your current visa expired

Hey, thank you for the advise, I know I should apply soon! But my 10 years anniversary in the UK won't come up till this July 2012. My current PSW visa expire at the end of 2013.

I do have to wait until June time beforestart making my application... am I right?
(so at the moment just asking and reading information on the forums...)

And it is the first time I heard of Subject Access Request(SAR). Who would I really need to write to, to request this information about myself?
My university and my banks obviously has quite abit to say about me. But do I also write to high school / local council I lived in the areas before? And why do I need this for my application?





Thank you all for the advices and hope to hear from you guys again!:)

[angelloveguy]

All those who wants to apply for ILR on Long residencty should Check their SAR files before applying for ILR. You need to request UKBA

http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

[poiuy]

All those who wants to apply for ILR on Long residencty should Check their SAR files before applying for ILR. You need to request UKBA

http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

Hello, thank you for your reply.

I see that I should do the SAR check with home office, but what will it reveal?

Is there atime constraint on doing the check( like must do it 3month prior to the application for ILR etc...?)

Again, thank you so much for the advices.

[vinny]

So I do need to take a life in the UK test!!

Yes.

[angelloveguy]

You can requset SAR file anytime and there is no time constraint and it normally takes 40 days to get it back so its good to apply atleat 3 months before you apply for your ILR. and Whatever documents and information UKBA held in your file will be give to you.

[poiuy]

So I do need to take a life in the UK test!!

Yes.

Thank you. I had ring up the Life in UK test helpline and I will proceed to take the test before the summer.

You can requset SAR file anytime and there is no time constraint and it normally takes 40 days to get it back so its good to apply atleat 3 months before you apply for your ILR. and Whatever documents and information UKBA held in your file will be give to you.

Hey thank you again for the reply.
I did some search on the SAR but i still quite confused on how will this SAR help me in my application for ILR?

[arsenal49]

how are you planning to prove that you have been in uk for 5 years or 10 years - whichever the case...??

SAR can help verify the dates you were physically present in uk

[poiuy]

how are you planning to prove that you have been in uk for 5 years or 10 years - whichever the case...??

SAR can help verify the dates you were physically present in uk

Hey thank you for reply.
I thought the stack of old passports and education certificates will be sufficient to prove my presence in UK?

I did call the Home Office Helpline and asked about SAR and was told No need. So I am quite confused!

[vinny]

Getting SAR is optional, your choice.

[m_k_p]

Next year in June it will be 10 years i have being in this country legally. first entry was back in June 2004 since then i manged to get all my visa's on time and i am well under the limit of days out side the county the only problem is back in 2008 i did applied for Tier 1 general (HSMP) application Ho rejected my application on the basis of the earnings claimed and put deception charges against me without giving me an option to appeal to justify my case that's due to having a valid student visa at that time. then applied for PSW which was also got rejected due to not giving the original degree certificate went through the appeal and HO granted me visa till Aug 2011
Then i applied for Tier 1 General in Jan 2011 and application was successful for 2 years ended in Jan 2013 got extension till 2016
my question is these previous deception can effect my ten years residence or not shell i wait till 2016
Thanks in advance

[Shazam_]

how are you planning to prove that you have been in uk for 5 years or 10 years - whichever the case...??

SAR can help verify the dates you were physically present in uk

Hey thank you for reply.
I thought the stack of old passports and education certificates will be sufficient to prove my presence in UK?

I did call the Home Office Helpline and asked about SAR and was told No need. So I am quite confused!

Hey Poiuy!
I know this discussion is quite old, but I'm curious, did you get your ILR after all? I'm on a same boat, I have a visa-less summer between being made redundant and starting a postgrad in September, was thinking of getting a short student visa so there is no break.

thanks!
S