10 years long residence applications

[ANGUS_JOHN]

Hello to all,
I need help regarding my application for 10 year ILR as i have a gap of 20 days between my very first arrival in uk and current leaves expiry but this gap is only 4 days between first visa stamped and current leave expiry so i am hoping that i wil apply by post it will help cover the gap of few days i have for full 10 year.
Can you plz advice me if i am right here.
Also why are people getting refusal as 10 year is a category which they cannot deny they have to give as we only have to show the passports to cover the 10 years.
MY second question is my wife leave expires with me but she has been in country for only 1 year so what visa i will have to apply for her with my application plz.
Thanks for help i really appreciate that.

[smshad]

Hi,
Sorry to know your refusal. What was the reason of rejection and on what grounds you made an apeal.

Please share, it will help others.
Thanks.
Shad.

Hi to all

Sorry to say everyone i got my refusal letter yesterday.I went to speak with my solicitors regarding decisions and make an appeal lodge. I do not know what can i do?

Applied 6th July 2012
Ack --- 28 th July
Bio---- 11th September.
Refusal letter--- 15.02.2013

Struggling whole life...
Living with honesty and education and at the end getting this sort of reward....

[Ged]

Hi to all

Sorry to say everyone i got my refusal letter yesterday.I went to speak with my solicitors regarding decisions and make an appeal lodge. I do not know what can i do?

Applied 6th July 2012
Ack --- 28 th July
Bio---- 11th September.
Refusal letter--- 15.02.2013

Struggling whole life...
Living with honesty and education and at the end getting this sort of reward....

I saw the other post where you mentioned the reason for refusal. If this is all the problem on the refusal letter it looks like you have a good chance of winning your appeal. If you can document the actual entry date to UK, immigration judge would give your ILR. In fact there are examples of such errors being rectified by BA when the lawyer calls or writes to BA and explains the error to the caseworkers.
I remeber a guy who had an unlawful refusal to his ILR application. His MP sent a letter to BA and they just u-turned from refusal and issued his ILR.

[saanju9]

Hi to all

Sorry to say everyone i got my refusal letter yesterday.I went to speak with my solicitors regarding decisions and make an appeal lodge. I do not know what can i do?

Applied 6th July 2012
Ack --- 28 th July
Bio---- 11th September.
Refusal letter--- 15.02.2013

Struggling whole life...
Living with honesty and education and at the end getting this sort of reward....

I saw the other post where you mentioned the reason for refusal. If this is all the problem on the refusal letter it looks like you have a good chance of winning your appeal. If you can document the actual entry date to UK, immigration judge would give your ILR. In fact there are examples of such errors being rectified by BA when the lawyer calls or writes to BA and explains the error to the caseworkers.
I remeber a guy who had an unlawful refusal to his ILR application. His MP sent a letter to BA and they just u-turned from refusal and issued his ILR.

Can one of you let us know the reason for refusal...

I tried to look everywhere but I couldn't find the post where manish posted the reason

[saanju9]

Hi all,
My indefinite leave application was rejected. The letter was dated 15 February 2013. I do have the right to appeal, but they are refusing me on the fact that I have not lived in the UK continuously over the last ten years.
To share a bit of my history, I first moved to the UK when I was twelve in 2002. Then, when I was fifteen, my father got a job transfer to South Africa. I lived with my parents there for less than six months. A gun crime prompted me to return to the UK where I attended boarding school. I then graduated from secondary school and went on to attend University, which I completed this past year. Part of my degree course mandated that I live abroad for a year. I studied 'international business' and so to get the 'international' part of that title, I lived in South Korea for a year. I sent a letter to the Home Office detailing all of this, and had letters drafted from my parents and University confirming why I left the UK for certain periods of time.
I am confused, because there is not a single day where I didn't have valid leave to stay in the UK over the last ten years. I realize, I was out of the country for a significant amount of time, but a lot of that was due to circumstances out of my control. (Ie. mandated by the University, by my boarding school where students weren't allowed to stay on campus for a few weekends a year, and as a result of my father's occupation).

Anyway, from all of you, if there is any advice you could give me concerning the process of appealing, I would really appreciate it. I am only twenty-two, and as I have spent most of my 'formative years' here, I am pretty shocked they rejected me. I would have thought that would be a violation of my human rights or something. Anyway, I am at a loss, and any help would be fantastic.

Hi

I have recently been refused Indefinite leave to remain on the grounds that I have broken the period of 10 year continous residence. I have spent over the 18 months out of the UK over my 10 year stay in the UK (from August 2001- August 2011) with my absences totalling 24.6 months. I met all other criterias.

It is really frustrating as I first entered the UK as a young student when I was 13 due to my Father deciding to send me a (very expensive) British boarding school where I spent 5 yrs of my life. I then moved to University in Bath and spent a further 4 years and now I have right to be in the country on a post-study work visa expiring in sept 2012. I have never claimed state benefits, fully integrated myself into society (people are very surprised to here I am not English born when they speak to me)and have only contributed postively to society, not to mention the huge tutition fees I've paid throught my education here.

I have really spent my formative years here in this country and consider it my home. All my friends are here, my job is here, my girlfriend is here, my dreams and aspirations are here, my life is here and I will find it gut-wrenching if I have to leave when my post-study work visa expires next year.

During my time as a student I would always go away on summer, christmas and easter holidays to visit family and friends across the globe. I would go on holiday for around 2.5months every year in the 10 years I have been here and never once thought of the consequences this will have on my eligibility to apply for ILR.

I find it rediculous that some people have been granted leave to remain and even citizenship when they can hardly speak the language yet alone contribute to society and the economy just because they have had a fewer less absences from the country.

Sorry for blabbing on and on about my situation I know many of you have your problems etc but I guess what i eventually wanted to come to was to ask if anybody knows or has had a similar experience and kindly advice me on what steps I can take from this point?? Is this criteria of not having spent 18 months outside the UK flexible on a case-by-case basis?

I am considering writing to my local MP, or getting an immigration solicitor to review my case to see what options are available to me. In the refusal letter they said that as I still have right to remain in the UK till sept 2012 so I am not entitled to appeal the refusal.... any advice on that?

Thank you

I so sorry for you guys but unfortunately speaking good English and paying taxes and contributing to the society are not just alone the criteria for this category

Rana-ali : Bit of contradiction in your post. you said your visa expired Sept 2012 and also wrote you will leave this country next year...

please clarify... are you still in this country. if yes what visa are u on

Gingerbread: when is you current leave expiring...2 what visa are u on now
Saanju

[Damanisshallo]

Can one of you let us know the reason for refusal...

I tried to look everywhere but I couldn't find the post where manish posted the reason

Read Manish Mehta's refusal story

[Damanisshallo]

Hello to all,
I need help regarding my application for 10 year ILR as i have a gap of 20 days between my very first arrival in uk and current leaves expiry but this gap is only 4 days between first visa stamped and current leave expiry so i am hoping that i wil apply by post it will help cover the gap of few days i have for full 10 year.
Can you plz advice me if i am right here.
Also why are people getting refusal as 10 year is a category which they cannot deny they have to give as we only have to show the passports to cover the 10 years.
MY second question is my wife leave expires with me but she has been in country for only 1 year so what visa i will have to apply for her with my application plz.
Thanks for help i really appreciate that.

Hi John,

You need to put your case clear, In particular with dates. If you can elaborate your entry dates, Visa issued and expiry dates. Someone might help you out with your query.

You've also said you are hoping to apply by post. Only to confirm that you have no other option but applying by post for 10 Yr Long Residence route.

Regarding your refusal query, there are certain rules set for 10 yr LR route, which somehow are broken. Hence refusals.

You shall be using SET(O) for yourself & FLR(M) for your wife. Read sticky notes for further clarifications.

[Sanji100]

My wife and I applied for ILR ( two Set (o) applications) on the basis of 10 years in July 2012. Since it has passed the 6 month threshold I contacted our local MP. He wrote to the UKBA and I have received a reply via the MP. It is as follows :

'I can confirm that Mr....... and Mrs ....... both applied for indefinite leave to remain in July 2012. Their application is awaiting to be considered, but I am unable to put a time scale on when a decision will be made.

I have spoken to the casework team and their applications shall be passed to a caseworker, by the end of this week, to be considered. If Mr.... and Mrs...... have not been contacted by UKBA within the next 12 weeks please let me know and I will make further enquiries into the progress of their case'

Is this their 95% claim. I guess I will have to wait for 10 months all in all for ILR.

I have a query to the forum. I have two kids born in the UK, their visa's will be expiring in March 2013. My solicitor advised that the kids can apply for naturalisation once we receive ILR even if we get it after March 2013.

So, if we receive ILR after March 2013, the kids visas will be expired.

Appreciate your ideas and views on this please.

[Damanisshallo]

I have a query to the forum. I have two kids born in the UK, their visa's will be expiring in March 2013. My solicitor advised that the kids can apply for naturalisation once we receive ILR even if we get it after March 2013.

So, if we receive ILR after March 2013, the kids visas will be expired.

Appreciate your ideas and views on this please.

Your solicitor is right. Please refer to Q29-Q32

[k77]

Hi Manesh,
You did not mention the reason of your refusal.However if it is about missing your first entry stamp then it is not a big thing to prove.For example if you have been checked by the doctor on airport then they send a letter at your home detailing your arriving date and asking you to register with a GP.You can show such letter as a proof of your arrival date if you have such letter.
similarly you can show other letter which are very close to your arrival date in UK in the court with other arguments .

[ANGUS_JOHN]

Thanx for your reply detail of my issued, arrival and stamped dates are as

Stamped 06/05/2003
Arrival 23/05/2003
Current leave expiry: 02/05/2013

So the difference for 10 year is 4 days issued and 20 days stamped date before it become exactly 10 years
Can you advice me is it not going to be problem if i apply 28 days before the it become 10 years and also i know someone he said went for premium same day service for this 10 years and he was issued straight away only he was sent his biometric card few days later
Thanx

[amjadleeds]

Hi everyone

I have applied ILR on basis of ten year rules, in OcT 25 , bio metric done 15 December , unfortunate solicitor filled electronic form forget to take sign on section ten of bio metric, HO send letter sign form and send back on 13 January 2013. My application is under process, my tier1 visa going to expire middle of March, very stress situation.

Please give advice on my case, I am in this country 10 year 10 months now, my kids with me nine years. First i came on 26 April 2002, after that i got extension on 30 March 2003 till 30th March 2006. During 2005 immigration case made against me working allegation , case start in april 2005 , my leave was not revoke due they want to revoke whole family leave, but they not hold their passport, case went to court , I got right of appeal during JR, my leave expired 30 March 2006, my solicitor applied for extension 10 days late, forget due to case was in court. They not gave me extension due to two reasons one my case was in court, second 10 days out of time application, but during december 2006 HO took the case back in front of Judge due to clear evidence that i was not breach of working hours, and gave me letter that if you made any application within 28 days HO will consider, which they did, and they paid me ex gratia payment too as compensation. Now my question near to me even i applied in 2006 ten day late, but my case was in court, after that they took case back i regulise , please advice me either I apply for extension for tier1 for save side, or even ILR refuse due to any reason, I will get chance to extent visa at that stage?
As private life section , my family with me nearly 9 years, I have my own house here, Currently teaching in college, qualified teacher, two kids born here, two kids died here etc

Please your advice and comments will be really appreciate, with respect of my particular situation.

Regards
amjad leeds

[manish mehta]

Hi Manesh,
You did not mention the reason of your refusal.However if it is about missing your first entry stamp then it is not a big thing to prove.For example if you have been checked by the doctor on airport then they send a letter at your home detailing your arriving date and asking you to register with a GP.You can show such letter as a proof of your arrival date if you have such letter.
similarly you can show other letter which are very close to your arrival date in UK in the court with other arguments .

Thanks for your advice.

Could you all give me any suggestions which one i can provide to my appeal hearing?

[amjadleeds]

Hi everyone

I applied ILR on basis of ten year rule. In the past during immigration matter HO set moving direction, actual leave was not revoked, case went to court, in a meantime leave to remain expired. It was not granting due to apply 10 days late plus case was in high court against moving direction, after two year HO took the case back and paid ex gratia payment too.

Please advice me in this case section 3d apply in my case or not , I have really stress, because my application ILR is under process, but not sure either will get or not. If not due to any reason I am on tier1 general can HO allow me to extend the visa after decision as section 3c as it will extend by virtue.

Your advice and comments will be highly appreciate.

Regards
amjad leeds

[Damanisshallo]

i know someone he said went for premium same day service for this 10 years and he was issued straight away only he was sent his biometric card few days later
Thanx

WEF 01/Jan/2010 to provide that applications for leave to remain or settlement on the basis of long residence will no longer be considered at a United Kingdom Border Agency Public Enquiry Office

Honestly 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 do is apply for further leave to remain on your current leave and thereafter once you would have completed the 20 days then apply for ILR and pay the excess fees and ask the UKBA to vary your application to ILR from 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.

[inzi2k]

Hi Manish,

Don't loose hope. things will be fine.

Did they tell you the reason of rejection

Can you share the reason of refusal with us?

Thanks

Applied 6th July 2012
Ack --- 28 th July
Bio---- 11th September.
Refusal letter--- 15.02.2013

[inzi2k]

Hi Manish,

Don't loose hope. things will be fine.

Did they tell you the reason of rejection

Can you share the reason of refusal with us?

Thanks

[Damanisshallo]

Hi everyone

I applied ILR on basis of ten year rule. In the past during immigration matter HO set moving direction, actual leave was not revoked, case went to court, in a meantime leave to remain expired. It was not granting due to apply 10 days late plus case was in high court against moving direction, after two year HO took the case back and paid ex gratia payment too.

Please advice me in this case section 3d apply in my case or not , I have really stress, because my application ILR is under process, but not sure either will get or not. If not due to any reason I am on tier1 general can HO allow me to extend the visa after decision as section 3c as it will extend by virtue.

Your advice and comments will be highly appreciate.

Regards
amjad leeds

Read VOLO process might help you understand Section 3C.

[amjadleeds]

Hi everyone

I applied ILR on basis of ten year rule. In the past during immigration matter HO set moving direction, actual leave was not revoked, case went to court, in a meantime leave to remain expired. It was not granting due to apply 10 days late plus case was in high court against moving direction, after two year HO took the case back and paid ex gratia payment too.

Please advice me in this case section 3d apply in my case or not , I have really stress, because my application ILR is under process, but not sure either will get or not. If not due to any reason I am on tier1 general can HO allow me to extend the visa after decision as section 3c as it will extend by virtue.

Your advice and comments will be highly appreciate.

Regards
amjad leeds

Read VOLO process might help you understand Section 3C.

Thanks nice information a bit clear , near to my understanding in case of any rejection still right to extend leave to remain within 28days.
If you can comments on my understanding will be great

Regards
Amjad

[smshad]

Could you all give me any suggestions which one i can provide to my appeal hearing?

Hi,

I first came to UK in 2002 and my passport was stamped but when I returned to UK from a holiday in 2004, UKBA did not stamp my passport at Heathrow airport. This has happend with many people and some don't bother to send any back up thinking that UKBA will check boarding pass.

I contacted UKBA before I sent my application and they advised me that as an applicant its my responsibility to provide as much as possible evidence that I was in country during the period.

Your case is simple if you can arrange as much as backup showing dates close to your first entry in the UK up to when you first time left UK and come back. Cover this period if you can. I could think of some of them, see below
1. Letter from council if you paid/registered/exempted from council tax.
2. Letter from council electoral register team if you registered yourself.
3. National Insurance letter if you still have one.
4. DVLA license shows the first issue date if its close to your first entry date.
5. GP record if you attended one soon after you entered UK. If you changed GP then your record will be with your current GP, as your records travels with you.
5. Bank letter of account opening date, statements, showing withdrawal and deposit.
6. Any Utility or credit card bill payments with date stamps.
7. College/Uni letter if you can arrange.
8. You might have paid for your travel from Ireland to UK through bank/card, try to get that detail.
9. You might have stayed in a hotel etc.

Hope this helps you get started and you will think more.

Best of luck.

Shad

[let_koko]

To Damashilo and others

Please, help me out in this query

I came to UK with a student visa in Aug 29,2002 and a year after before the expiry of that visa, i applied to renew it (same day services at croydon) and it was refused, i appeal against the decision the same week that i got the refusal letter, without bridging any gap.

While the appeal was going on, like 9 month or so, i have always been attending classes, and my lawyer advised me not to wait for hearing date, that i should re-apply.

I re-applied, got the acknowledgement letter and i withdrew the pending appeal after receiving the acknowledgment letter and few months later, it was granted and since then, everything is cool.

The question now is
Would it be count as continous legal stay ? Am just a bit worried
Thanks

[RANA-ALI]

I so sorry for you guys but unfortunately speaking good English and paying taxes and contributing to the society are not just alone the criteria for this category

Rana-ali : Bit of contradiction in your post. you said your visa expired Sept 2012 and also wrote you will leave this country next year...

please clarify... are you still in this country. if yes what visa are u on

Gingerbread: when is you current leave expiring...2 what visa are u on now
Saanju

Hi sanju sorry i couldnt clear it properly as i wasnt sure how to link someone else post in reply of "gingerbread" i was only trying to help and giving him hope by posting somone else similar scenario , where a guy in a same situation as gingerbread got his ILR in the end , hope this will clear ur doubts,

[gingerbread]

Hi,
Thank you all for your very helpful suggestions.
Hopefully, I can sort out an appeal, or switch to another visa category as soon as possible.
My most recent visa expired while I was waiting for indefinite leave to remain (back in October). So, hopefully, I will not be penalized for being without a visa in the meantime. Does anyone know if it is possible to switch to a work permit category even after being rejected for permanent residency? Obviously, I would rather have the ILR, but I am willing to do anything to stay.
Thanks!

[Damanisshallo]

I re-applied, got the acknowledgement letter and i withdrew the pending appeal after receiving the acknowledgment letter and few months later, it was granted and since then, everything is cool.

The question now is
Would it be count as continous legal stay ? Am just a bit worried

Where an applicant who is not travelling makes a clear, unambiguous request for consideration of the application to be discontinued, section 3C leave will terminate on withdrawal of the application. If such a request is ambiguous, clarification that the application is being withdrawn should be sought. It should be accepted only once a clear, unambiguous request has been made in writing. Where such notification is given by post, the date of postage is when the application is withdrawn and section 3C leave ends on that date.

However, in your case it was Section 3D and I assume the same thing applies to you.

[let_koko]

Thanks Damasilo

I will be honest with you, i have been reading that section 3C and 3D but i did not understand it fully

In my case, i think HO made a mistake my accepting that application as valid, I should have been advised to withdraw the appeal before submitting another application

All the dates of withdrawal of appeal and submission of a new application are on my SAR file.

From my question, please, do you think, it wont be count as continuous

However, in your case it was Section 3D and I assume the same thing applies to you.[/quote]