10 years long residence applications

[Hyper-PK]

Hi guys
i need your help please
i have applied in June 2012 and just concerned
is it six months from the time we made the application
or is it six monthes from the time we give our biometrics .
please help bit stressed now
god help me

Hi Six month from the application originally was made.

[abisingh]

Hi guys
i need your help please
i have applied in June 2012 and just concerned
is it six months from the time we made the application
or is it six monthes from the time we give our biometrics .
please help bit stressed now
god help me

Hi Six month from the application originally was made.

many thanks
any june applicant with any good news ???????

[zak786]

Please see following the response of an immigration solicitor to my query I posted on Justanswer.com regarding 3 days gap in my 10 years lawful residence:

Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:

The applicant must have at least 10 years lawful residence in the UK.
There must be no reason why granting leave is against the public good.
The applicant must meet the knowledge of language and life requirement.
The applicant must not fall for refusal under the general grounds for refusal.

Strictly speaking you have not completed 10 years lawful residence in the UK as your leave to remain had expired before you completed the 10 years. What you should have done to make sure leave was granted was to apply for further leave to remain as a tier 1 and thereafter once you would have completed the 3 days then applied for ILR and paid the excess fees and asked the UKBA to vary your leave to remain to ILR from tier 1 further leave to remain.

Now the guidance do state that there must be 10 years continuous leave to remain in the UK which you unfortunatley seem to fall short of , now there have been instances when the caseworker has been lenient and has granted leave to remain but in most cases they have strictly adhered to the rules and not granted ILR.

If ILR is refused what you would need is inform the UKBA that you have now completed your 10 years as paragraph 3C of the immigration rules would have extended your current leave to remain and therefore by the time you receive your refusal your 10 years would have been completed.

Please see following link for further information and clarification:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I am sorry if this was not the advice you wanted to hear. I hope this answers your question, if so kindly rate my answer positively.

Kind regards

[manwar]

HI Zak,
If you read through 10 years guidance for ukba case worker it says, " for the purpose of this long residence application any absences falling short of 28 days or less , or overstay would be ignored.

It definitely says, you can apply 28 days or less before you qualify, So rules are clear.

do not listen to this webchat, they scare you and then they want you to reply and go to their office. so you could pay them some money for advice.

Please see following the response of an immigration solicitor to my query I posted on Justanswer.com regarding 3 days gap in my 10 years lawful residence:

Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:

The applicant must have at least 10 years lawful residence in the UK.
There must be no reason why granting leave is against the public good.
The applicant must meet the knowledge of language and life requirement.
The applicant must not fall for refusal under the general grounds for refusal.

Strictly speaking you have not completed 10 years lawful residence in the UK as your leave to remain had expired before you completed the 10 years. What you should have done to make sure leave was granted was to apply for further leave to remain as a tier 1 and thereafter once you would have completed the 3 days then applied for ILR and paid the excess fees and asked the UKBA to vary your leave to remain to ILR from tier 1 further leave to remain.

Now the guidance do state that there must be 10 years continuous leave to remain in the UK which you unfortunatley seem to fall short of , now there have been instances when the caseworker has been lenient and has granted leave to remain but in most cases they have strictly adhered to the rules and not granted ILR.

If ILR is refused what you would need is inform the UKBA that you have now completed your 10 years as paragraph 3C of the immigration rules would have extended your current leave to remain and therefore by the time you receive your refusal your 10 years would have been completed.

Please see following link for further information and clarification:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I am sorry if this was not the advice you wanted to hear. I hope this answers your question, if so kindly rate my answer positively.

Kind regards

[hemnani]

Hi

I got my biometric today, dated 27th Dec. Please update spreadsheet.

Thanks.

[Damanisshallo]

The safest option is to make an application for Tier 1 Extension and then Vary your application to SET(O).

By doing this you'd neither lose money nor time coz by the time the UKBA opens your application form, send it to the payment processing team and once the payment is taken, you'd have crossed those 3 days and I bet even before sending it to the Case Worker Unit your documents would be re-directed to Settlement department.

My Advise : To delay it further send a Personal Cheque which could atleast take two days to clear.

[dumba]

Hi All,

I am one of the silent readers of this forum got good news: my lawyer said that I got ILR and I am going to pick it up. After that I'll provide all the details.

I've applied at the beginning of June. According to HO my documents were ready for posting on the 24th of December, but because of holidays they got delivered only on 31st of Dec.

More details to follow, but for now thanks a lot to all moderators and participants for tons of super-valuable info and shared experiences!

Currently my timeline is roughly 6.5 months.

[zak786]

The safest option is to make an application for Tier 1 Extension and then Vary your application to SET(O).

By doing this you'd neither lose money nor time coz by the time the UKBA opens your application form, send it to the payment processing team and once the payment is taken, you'd have crossed those 3 days and I bet even before sending it to the Case Worker Unit your documents would be re-directed to Settlement department.

My Advise : To delay it further send a Personal Cheque which could atleast take two days to clear.

Thanks for your advice. I would have done this if I had this information at the time of applying in August. Now its too late. The only option I have now is to wait for the decision. If they refuse then according to advice given by justanswer solicitor I need to apply again and refer to section 3C. I am not sure will they send my passport back or they will hold it and deport me as my leave has now expired.

[zak786]

HI Zak,
If you read through 10 years guidance for ukba case worker it says, " for the purpose of this long residence application any absences falling short of 28 days or less , or overstay would be ignored.

It definitely says, you can apply 28 days or less before you qualify, So rules are clear.

do not listen to this webchat, they scare you and then they want you to reply and go to their office. so you could pay them some money for advice.


Thanks for your comments. Really appreciate it. Do you know of anyone who got ILR in my situation?

Please see following the response of an immigration solicitor to my query I posted on Justanswer.com regarding 3 days gap in my 10 years lawful residence:

Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:

The applicant must have at least 10 years lawful residence in the UK.
There must be no reason why granting leave is against the public good.
The applicant must meet the knowledge of language and life requirement.
The applicant must not fall for refusal under the general grounds for refusal.

Strictly speaking you have not completed 10 years lawful residence in the UK as your leave to remain had expired before you completed the 10 years. What you should have done to make sure leave was granted was to apply for further leave to remain as a tier 1 and thereafter once you would have completed the 3 days then applied for ILR and paid the excess fees and asked the UKBA to vary your leave to remain to ILR from tier 1 further leave to remain.

Now the guidance do state that there must be 10 years continuous leave to remain in the UK which you unfortunatley seem to fall short of , now there have been instances when the caseworker has been lenient and has granted leave to remain but in most cases they have strictly adhered to the rules and not granted ILR.

If ILR is refused what you would need is inform the UKBA that you have now completed your 10 years as paragraph 3C of the immigration rules would have extended your current leave to remain and therefore by the time you receive your refusal your 10 years would have been completed.

Please see following link for further information and clarification:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I am sorry if this was not the advice you wanted to hear. I hope this answers your question, if so kindly rate my answer positively.

Kind regards

[Shaylin]

Does anyone have an alternate phone number for the Homeoffice. I've been trying a number for days now but it's always busy. It's been 6 months since i applied for my IRL and I have not heard from them.

[Damanisshallo]

Does anyone have an alternate phone number for the Homeoffice.

UK Border Agency (UKBA) - 0870 606 7766 - 0114 207 2966 Sheffield - Complaints team

UK Border Agency (UKBA) - 0870 606 7766 - 020 8745 6941 Heathrow Terminal 3

UK Border Agency (UKBA) - 0870 606 7766 - 0300 123 8895 Croydon - Biometric customer contact centre

UK Border Agency (UKBA) - 0870 606 7766 - 020 8234 1234 Not checked, but this came back off the website when it got full - "Alternatively, please contact the UKBA contact centres on 020 8234 1234"

UK Border Agency (UKBA) - 0870 606 7766 - 029 2092 4674 Cardiff UKBA(PEO)

UK Border Agency (UKBA) - 0870 606 7766 - 029 2092 4756 Cardiff UKBA(PEO) Fax: 029 2092 4608, 029 2092 4610

UK Border Agency (UKBA) - 0870 606 7766 - 0121 704 5450

UK Border Agency (UKBA) 0870 606 7766 - 0114 207 4074 - Bulgarian and Romanian Caseworking Team in Sheffield. General enquiries and appointments for public enquiry office in Croydon.

UK Border Agency Fraud Reporting - 0870 606 7766 - 0121 713 3228 Call Router - Press 2 for reporting suspected illegal activities by those applying or attempting entry into the UK, or to report known illegals in the UK. May be done so confidentially.

UKBA Solihull - 0870 606 7766 - 0121 713 3229 Ukba home office Solihull

[zak786]

Regarding short of three days in 10 years of lawful residence my solicitor has asked me to refer to the following:

Applications received 28 days or less before the required qualifying period is completed
You can grant if an application if it is received 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.

But more importantly if you read applications recieved more than 28 days before qualifying period at the end it clearly says:

"Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this."

Anyway now its now for information. Nothing much can be done at this point.

[fazhaque]

Hi

I got my biometric today, dated 27th Dec. Please update spreadsheet.

Thanks.

Hi,
When did you applied?

[sunny0183]

Regarding short of three days in 10 years of lawful residence my solicitor has asked me to refer to the following:

Applications received 28 days or less before the required qualifying period is completed
You can grant if an application if it is received 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.

But more importantly if you read applications recieved more than 28 days before qualifying period at the end it clearly says:

"Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this."

Anyway now its now for information. Nothing much can be done at this point.

As the rule states, You can apply 28 days before only if your current visa is enough to complete the qualifying period of 10 Years. In a normal FLR type visa application your current visa will be automatically extended if the decision is not made before the visa expiry. This does not apply to 10 Year rule because to get ILR you must have a valid leave of 10 years or more.

Just pray and hope that this gets unnoticed by your case worker

he/she may apply discretion in your situation since 3 days is a very short period of time.

[BobbyUKENG]

Hi All,

Thanks for your reply earlier.

I waited for my ten years ILR and I crossed my six months waiting time, earlier when I called HO, have said that they can give information on cases which crossed more than 6 months. As advised so waited till six months and today when I called them they said my application is still not completed. When I said to them that in the acknowledgement letter HO mentioned that 99 % application will be decided within SIX months but its more than SIX months. The lady on the phone said to me that 95 % of applications are decided within 6 months and also said that my application falls out of the agreed 95 % by HO.

After following this forum from long time according to my knowledge only complicated cases fall out side agreed 95 % as most of the straight forward applications will be decided within six months time. As far as my case is concerned its pretty straight forward case - No gaps, In time applications, no refusals, no long absences and over all decent Immigration history.

I'm totally aware that each case is decided according to its merit, but I have seen so other people whose cases are more complex.

Can any one explain me whether Cases which fall outside 95 % are only complex cases according to HO?

I would appreciate if users can respond via comments for the above situation.

Thanks,
Bobby

[Sanan]

I am a newbie on this forum and i need help from you guys because i have seen this forum which is very helpful, my situation is given below;

I have completed my 10 years on 10th of October 2012 and i was planning to apply for ILR in same month. I went to one of the solicitor to get help regarding my ILR with my original documents. Unfortunately i left my documents with that solicitor just him to go through and very next day UKBA crime team raided that place and took my all documents including my passports which is really sad.

I rang UKBA regarding my documents and they simply said it will take longer because we have to go through a process and you are not the only victim.

However, I went to another solicitor to discuss my case and he advised me if i have completed my 10 years then i should lodge my application for ILR as long as i have copies of my all passport and life in UK test.

Now i have applied for ILR in Nov 2012 with covering letter saying that UKBA crime team has got my all original documents which can be contacted with given reference no.


Is there anyone who has gone through same situation and what happened at the end????

Regards...

[Damanisshallo]

You are really unlucky in this case. I can't imagine of anyone in your shoes.
However, I doubt it, if this is gonna cause any problems with your application. Having said this, there is a slight chance that your application could take bit longer than usual. So be positive and hope for the best.

[specy_99]

I have a question:

My wife completed 2 yrs in the UK but had to return to India for family reasons. My daughter was born in UK last February and also went with my wife. My wife is still employed part time in the UK even though her visa expired in august last yr as she is on maternity cover....Do I still need to show specified salary?

If yes, then I cant even look for jobs right now as was on a student visa this is getting painful day by day!!

[specy_99]

Forgot to mention she is employed part time and not full time.

[Damanisshallo]

Do I still need to show specified salary?

Unfortunately, Yes. However, savings is the only option left apart from your wife's salary.

7.1.4. At the Entry Clearance and Leave to Remain stages, the amount above £16,000 must be divided by 2.5 (to reflect the 2.5 year or 30-month period before the applicant will have to make a further application) to give the amount which can be used.

[specy_99]

So do we have to show savings of £16000 each?

Sorry if I am reading it wrong. Thanks for the reply though!

[BobbyUKENG]

Hi All,

Thanks for your reply earlier.

I waited for my ten years ILR and I crossed my six months waiting time, earlier when I called HO, have said that they can give information on cases which crossed more than 6 months. As advised so waited till six months and today when I called them they said my application is still not completed. When I said to them that in the acknowledgement letter HO mentioned that 99 % application will be decided within SIX months but its more than SIX months. The lady on the phone said to me that 95 % of applications are decided within 6 months and also said that my application falls out of the agreed 95 % by HO.

After following this forum from long time according to my knowledge only complicated cases fall out side agreed 95 % as most of the straight forward applications will be decided within six months time. As far as my case is concerned its pretty straight forward case - No gaps, In time applications, no refusals, no long absences and over all decent Immigration history.

I'm totally aware that each case is decided according to its merit, but I have seen so other people whose cases are more complex.

Can any one explain me whether Cases which fall outside 95 % are only complex cases according to HO?

I would appreciate if users can respond via comments for the above situation.

Thanks,
Bobby

Any one views please??

[specy_99]

Hi All,

Thanks for your reply earlier.

I waited for my ten years ILR and I crossed my six months waiting time, earlier when I called HO, have said that they can give information on cases which crossed more than 6 months. As advised so waited till six months and today when I called them they said my application is still not completed. When I said to them that in the acknowledgement letter HO mentioned that 99 % application will be decided within SIX months but its more than SIX months. The lady on the phone said to me that 95 % of applications are decided within 6 months and also said that my application falls out of the agreed 95 % by HO.

After following this forum from long time according to my knowledge only complicated cases fall out side agreed 95 % as most of the straight forward applications will be decided within six months time. As far as my case is concerned its pretty straight forward case - No gaps, In time applications, no refusals, no long absences and over all decent Immigration history.

I'm totally aware that each case is decided according to its merit, but I have seen so other people whose cases are more complex.

Can any one explain me whether Cases which fall outside 95 % are only complex cases according to HO?

I would appreciate if users can respond via comments for the above situation.

Thanks,
Bobby

Any one views please??

I think you have answered yourself mate! Its all upto the caseworker efficiency I think!

[Damanisshallo]

So do we have to show savings of £16000 each?

What is your wife's annual income before tax?

[specy_99]

Probably £7,200 as she worked part time and found it hard to find full time.