Advice 10 year SET(o) Application

[drRalph]

I came to the UK 14/08/02 and have been on Student visa's since (University foundation course-Undergraduate-Masters-PhD). My current visa runs out on the 31/12/2012. I have never been refused a visa (UK or anywhere else), and I have not left the country over the allocated days.

Possible complications:

1)One visa expired 17/09/2003, and the renewal via University International Student Center meant that the application that was dated 09/09/03 was only received by the HO on 26/09/03. I have no proof that the delay was from the University in sending the application- and I've checked with the university, but they don't keep records from then.

2) I do not have the exact dates I left the country in 2002/2003 and old passports are confiscated from my country of origin. I am sure I would have not spent more than 30 days a year out of the UK - To deal with this, I requested a SAR from UKBA, but their records do not show anything from these two years. Whilst I do not have old passports, I have photocopies of all my visa's (UK and others).

I will attach to prove I have been in the UK during the dates I say I was in the UK, by producing active bank statements dating back to 2002.

I'm note sure if this is of relevance, but I have a PhD, I have purchased a home in the UK, I am young, I have passed my 'Life in the UK' test, and I have never had a parking ticket, let alone been convicted of anything.

Are there any additional documents that I can produce to help my case further? and should I (would you) hire a solicitor to deal with my case, or do you think it's straightforward (As I have tried to rectify all complications mentioned above by providing supporting documents when able)

Your advice would be great!

[drRalph]

I would really appreciate some help here people

I forgot to mention that I already have a biometric card - Would that speed up the process?

[drRalph]

I would really appreciate some help here people

I forgot to mention that I already have a biometric card - Would that speed up the process?

Please people! I genuinely need your advice here!

[wpilr_nov12]

I came to the UK 14/08/02 and have been on Student visa's since (University foundation course-Undergraduate-Masters-PhD). My current visa runs out on the 31/12/2012. I have never been refused a visa (UK or anywhere else), and I have not left the country over the allocated days.

Possible complications:

1)One visa expired 17/09/2003, and the renewal via University International Student Center meant that the application that was dated 09/09/03 was only received by the HO on 26/09/03. I have no proof that the delay was from the University in sending the application- and I've checked with the university, but they don't keep records from then.

2) I do not have the exact dates I left the country in 2002/2003 and old passports are confiscated from my country of origin. I am sure I would have not spent more than 30 days a year out of the UK - To deal with this, I requested a SAR from UKBA, but their records do not show anything from these two years. Whilst I do not have old passports, I have photocopies of all my visa's (UK and others).

I will attach to prove I have been in the UK during the dates I say I was in the UK, by producing active bank statements dating back to 2002.

I'm note sure if this is of relevance, but I have a PhD, I have purchased a home in the UK, I am young, I have passed my 'Life in the UK' test, and I have never had a parking ticket, let alone been convicted of anything.

Are there any additional documents that I can produce to help my case further? and should I (would you) hire a solicitor to deal with my case, or do you think it's straightforward (As I have tried to rectify all complications mentioned above by providing supporting documents when able)

Your advice would be great!

Please read this document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Regarding your issue (1) above, read page 14 Discretion for breaks in lawful residence. Do you have anything to show that you genuinely submitted anything to college or HO on the date you say you did? That would probably help CW in justifying a discretion, but not guaranteed.

[drRalph]

I came to the UK 14/08/02 and have been on Student visa's since (University foundation course-Undergraduate-Masters-PhD). My current visa runs out on the 31/12/2012. I have never been refused a visa (UK or anywhere else), and I have not left the country over the allocated days.

Possible complications:

1)One visa expired 17/09/2003, and the renewal via University International Student Center meant that the application that was dated 09/09/03 was only received by the HO on 26/09/03. I have no proof that the delay was from the University in sending the application- and I've checked with the university, but they don't keep records from then.

2) I do not have the exact dates I left the country in 2002/2003 and old passports are confiscated from my country of origin. I am sure I would have not spent more than 30 days a year out of the UK - To deal with this, I requested a SAR from UKBA, but their records do not show anything from these two years. Whilst I do not have old passports, I have photocopies of all my visa's (UK and others).

I will attach to prove I have been in the UK during the dates I say I was in the UK, by producing active bank statements dating back to 2002.

I'm note sure if this is of relevance, but I have a PhD, I have purchased a home in the UK, I am young, I have passed my 'Life in the UK' test, and I have never had a parking ticket, let alone been convicted of anything.

Are there any additional documents that I can produce to help my case further? and should I (would you) hire a solicitor to deal with my case, or do you think it's straightforward (As I have tried to rectify all complications mentioned above by providing supporting documents when able)

Your advice would be great!

Please read this document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Regarding your issue (1) above, read page 14 Discretion for breaks in lawful residence. Do you have anything to show that you genuinely submitted anything to college or HO on the date you say you did? That would probably help CW in justifying a discretion, but not guaranteed.

Hi wpilr_nov12,

Thank you for responding. With regards to issue (1) the document reads "Discretion for breaks in lawful residence
You must always discuss the use of discretion with a senior caseworker. You must be
satisfied that the applicant has acted lawfully throughout the whole 10 year period and has
made every effort to obey the Immigration Rules. The decision to exercise discretion must
not be taken without consent from a senior executive officer (SEO) or equivalent.
Single gap in lawful residence
It may be appropriate to use discretion if an applicant:
 has a single short gap in lawful residence through making one single previous
application out of time by no more than 10 calendar days, and
 meets all the other requirements for lawful residence."

This should mean I should be OK, as whilst I cannot prove (via the university or otherwise that the delay was from the Universities side) the gap is no more than 10 days.

Do you think I should hire a solicitor? and do you think that I already have a biometric card (issued a few months ago) should speed up my application process?

[wpilr_nov12]

Hi wpilr_nov12,
... ...

This should mean I should be OK, as whilst I cannot prove (via the university or otherwise that the delay was from the Universities side) the gap is no more than 10 days.

Do you think I should hire a solicitor? and do you think that I already have a biometric card (issued a few months ago) should speed up my application process?

First, you having a biometric card wouldn't change a thing here.

On your first point above, you are not trying to show who is to blame for the delay, instead that you did honestly attempt to submit an in-time application, but in due course beyond your control the application got late.

Second, I could not comment on whether you should use a solicitor but it definitely would be useful to check a few out, see what they will do for you bearing in mind this is a postal app, and their charges. In the bigger scheme of things I personally wouldn't mind forking out the solicitors fees at this critical stage.