10 years rule

[aam631]

Hi Everyone,

i have been here in the uk for over 9 yrs. i have two kids both born here. one is six and other is 2yrs 6months. my visa is going to expire by the end of march 2012. i came to this country in may 2002. I m currently on PSW. I had been on student visa for 8 yrs. its about 45 days short of my 10 yrs to complete. my kid has already started his schooling. I just want to know if you could kindly guide me if would fall under any above rules to qualify for ILR.

Also which application is required to submit the case.

I will highly appreciate your early response.

many thanks!!!!!!!!!

Adnan

[Smam]

Hi

Yes you can apply under the 10years rule. You just have to download the Form Set(o) read it thoroughly, read the Form Set(o) guidelines, fill it take a PEO appointment and that's all.

You must have got the Birth Certificates of your kids if they born here in the UK, you have to have some co-hab docs to prove that you and your wife lives at the same address ever since she came to UK. You can use any bills, your wife bank statements,her DVLA any document which has got the same proof of address as yours. So that's what all you need briefly.

You can apply 28 days before the completion of your 10 years period.

Good luck.

[aam631]

Hi Smam,

Thanks for your prompt reply. I am still confused with 28 day rule as the guidance notes states that applications submitted before 28 days will be rejected. Secondly after reviewing the the notes I have found out that my dependent cannot apply on the same set(o) form rather they will have to apply separately on form flr(m) as my spouse doesnt complete her 10 years and so as the kids.

Please advise.

Thanks alot for your time...

Adnan

[aam631]

Hi Smam,

One more thing would it make any difference if applied in person or through courier.

Thanks - Adnan

[Rensal]

Hi there

From what I know, under 10 yrs rule you can not apply in person

So postal application is the way ahead

I am here for 9 yrs so another year for me in the waiting game

All the very best

R

[vinny]

See also long residence.

[aam631]

I am sorry didnt get it.

Adnan

[Smam]

See also long residence.

Hello Adnan,

Please read the link as provided by Vinny in the post. To be honest with you mate you just have to read in details all the rules that's all about it. You have to read it by your self and you can discuss any rules which you dont understand that's what the forum is here for to help people who have a little knowledge regarding your case.

You can apply by post and also by PEO to the best of my knowledge. I would also highly recommend you to read all the guidance notes the New version of Set(o).

You can't apply before 28 days that's what it says clearly and yes your application will be rejected if you try to apply before 28 days.

You need some kind of documents for your wife as well as I have mentioned to you earlier in my post.

As a sincere person I will advice you that no matter how hard it is I will highly recommend you to read each and every rule regarding your case this will only helps you alot and then discussing it on the forum makes your life easy.

Hope this help.

Best of Luck

[vinny]

You can apply by post and also by PEO to the best of my knowledge. I would also highly recommend you to read all the guidance notes the New version of Set(o).

It's probably a printing error on the Form SET(O). Applying for ILR under Long residence at a PEO is contrary to 34B(i)(f).

[Somudro]

Hi
You must have got the Birth Certificates of your kids if they born here in the UK, you have to have some co-hab docs to prove that you and your wife lives at the same address ever since she came to UK. You can use any bills, your wife bank statements,her DVLA any document which has got the same proof of address as yours. So that's what all you need briefly.

Dependent cannot apply with main application under the 10 years rule. Dependent (wife) can apply separately if they cover 10 years.


Child can appy using MN1 form after main applicant get ILR.


see:
"However, if you are applying on the basis of long residence, you may not include any dependants in your application. They may apply separately if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, they may apply for temporary permission to stay in the UK using application form FLR(M) - if they do this, they can include any children under 18 as their dependants. For other options, see the detailed Guide SET(O)."

[Somudro]

You can apply by post and also by PEO to the best of my knowledge. I would also highly recommend you to read all the guidance notes the New version of Set(o).

PEO for 10 years rule? Rule has beend changed? Pls confirm. So far I know 10 years rule does not allow PEO.

[bobby80gh]

You are all misleading the guy. He does not qualify for ILR under long residence rule. As you came here in May 2002 ( I am assuming your visa was also issued in May 2002), your visa has to be valid until May 2012. Currently, your visa is only valid until March 2012, which means you are short of days in other to qualify for ILR under the 10 years rule. The only option is to extend your visa and wait until you are 28 days short 10 years of legal residence in this country before you can apply.

[Somudro]

@bobby80gh, you r right.

@Smam, if we don't know the rule, we should not mislead people at all.

[2012]

Hi Everyone,

i have been here in the uk for over 9 yrs. i have two kids both born here. one is six and other is 2yrs 6months. my visa is going to expire by the end of march 2012. i came to this country in may 2002. I m currently on PSW. I had been on student visa for 8 yrs. its about 45 days short of my 10 yrs to complete. my kid has already started his schooling. I just want to know if you could kindly guide me if would fall under any above rules to qualify for ILR.

Also which application is required to submit the case.

I will highly appreciate your early response.

many thanks!!!!!!!!!

Adnan

1. Wen did u first enter the UK and wen does u visa expire (exact dates)?.
2. 28 days mean that u can apply 28 days before completing the required period.

[quantum1]

Apply for another visa. This should take some time. If they have not decided your application before you reach your ten years you can vary the application for long residency ilr. If they have and refused appeal until the appeal process is complete. You can then apply afterwards.

Someone correct me if I am wrong.

[Smam]

Hi

Appoligies for the wrong reply as I missed the Visa Validity part. So sorry but I have clearly mentioned in my post that the person must have to study the rules by their self and then discuss those things on the forum which you dont understand that's all I said.

[aam631]

Thank you so much for your time.

My current visa is going to expire on 29th of March, 2021.
I arrived in UK on 11th of May, 2002 (the visa was stamped on Sept. 2001).

It makes 43 days precisely.

My wife arrived on 5th March, 2005.

Your time and help is really appreciated.

Many thanks,
Adnan

[Smam]

Hi Adnan,

Its pretty unfortunate but I am affraid you have to get another visa to cover your 43 days or what ever you are short of your 10 years long residence period to be completed other wise I dont really think so that you qualify for your ILR.

For the 10 years rule it start counting the days from your EC in to the UK not from the date you have got your visa stamped.

I can wish you all the best for your future.

Hope this will answer your querry.

[aam631]

Thanks Smam,
Can u advise which category I can apply for visa extensio

Thanks - Adnan

[Smam]

Hi

That's a million £ question mate.

How can I advice you on to that .I am affraid I can't advice you any thing on to that how to get another extension. I believe that you are living in UK a year more than me so I might would like to get some useful advice from you mate. You're a senior person to me living in UK before me.

Well I can surely wish you good luck.