FLR (LR) - purpose?

[Tier 4]

I quickly browse FLR (LR) form and guidance but not clearly understand what this is for?

I am short of 40 days making my 10 anniversary; can I use it to fill the gap?

[Amber]

I quickly browse FLR (LR) form and guidance but not clearly understand what this is for?

I am short of 40 days making my 10 anniversary; can I use it to fill the gap?

No, flr(lr) is only for those who do not meet the KOLL requirements but have 10 years. When were you originally granted entry to come to the UK?

[Tier 4]

No, flr(lr) is only for those who do not meet the KOLL requirements but have 10 years.

Right, thanks

When were you originally granted entry to come to the UK?

Enter UK on student visa on 3rd October 2004
Visa starting date was 23rd September 2004
PSW visa valid till 24th August 2014

[Amber]

You appear to be out by 2 days. You'll have to apply to extend before your current leave expires, then write to then shortly after when you become eligible and ask to vary the application to set(lr) and pay the fee difference.

[Tier 4]

You appear to be out by 2 days. You'll have to apply to extend before your current leave expires, then write to then shortly after when you become eligible and ask to vary the application to set(lr) and pay the fee difference.

Thanks,
I will apply some extension to fill up the gap and than vary it towards ILR.

Can I ask is that be possible if I apply on FLR (O) just to cover this gap, I know I might not fall into any category of FLR (O) but at least I will be protected by 3C leave.

Any other categories like Tier 1, 2, 4 are expensive and I don’t want to spend so much money just to fill this tiny gap.

[Amber]

You appear to be out by 2 days. You'll have to apply to extend before your current leave expires, then write to then shortly after when you become eligible and ask to vary the application to set(lr) and pay the fee difference.

Thanks,
I will apply some extension to fill up the gap and than vary it towards ILR.

Can I ask is that be possible if I apply on FLR (O) just to cover this gap, I know I might not fall into any category of FLR (O) but at least I will be protected by 3C leave.

Any other categories like Tier 1, 2, 4 are expensive and I don’t want to spend so much money just to fill this tiny gap.

You'll be varying so does it matter what the fee is?

[Tier 4]

You'll be varying so does it matter what the fee is?

sory I don't mean UKBA application fee but other expenses like in case of Tier 1 (entr) I need huge investment, Tier 2 need to find a sponsor or Tier 4 a huge Uni fee.

[Amber]

Ok, well as you're application would be varied quite soon after it was made, there shouldn't be an issue there is some risk of a rejection but they would have to be fast.

[Tier 4]

Ok, well as you're application would be varied quite soon after it was made, there shouldn't be an issue there is some risk of a rejection but they would have to be fast.

Thanks, yes you are right, besides how fast they can be, even biomatrics takes ages to arrive with 15 days of submission policy.

Another thing if I make an application on FLR (O) the only important thing i need to send is my passport. I don't know I might be wrong but I am thinking not to send my passport instead just send its certified copies with some excuse / explanation, therefore when I shall vary it to Set (LT) I will have my passport and I be protected by 3C leave, unless not sending passport make my FLR (O) application instant invalid.

[Tier 4]

Has anyone came across the same situation?

[Zaman_Dhaka]

Has anyone came across the same situation?

I have the same situation like you. Some solicitors are advising me to apply for further leave and vary the application to set lr. Others are telling that it should not be a problem to apply using set LR as the application will fall within 10 years at the time of decision taken.
Data about visa:
Entry clearance on student visa: 10/09/2003.
Entered UK: 18/09/2003.
Current PSW visa expired: 16/08/2013.
So 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding)

May I get any advice from senior forum members please?

[Amber]

If you complete your 10 years (including the 28 day grace) you can apply without extending. However, if not then you need to extend. I think to be on the safe side it would be wise to extend then vary whilst you have valid leave.

[Tier 4]

I have the same situation like you. Some solicitors are advising me to apply for further leave and vary the application to set lr. Others are telling that it should not be a problem to apply using set LR as the application will fall within 10 years at the time of decision taken.
Data about visa:
Entry clearance on student visa: 10/09/2003.
Entered UK: 18/09/2003.
Current PSW visa expired: 16/08/2013.
So 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding)

May I get any advice from senior forum members please?

To be honest you are much safer than me, as I am 40 days short from the date of entry and 30 days from the date of entry clearance.

Don’t know what option you will opt for however it would be nice if you update yours application outcome as you are applying this year and I am next.

[Tier 4]

I think to be on the safe side it would be wise to extend then vary whilst you have valid leave.

What you think of that:

If I make an application on FLR (O) the only important thing i need to send is my passport, but I am thinking not to send my passport instead just send its certified copies with some excuse / explanation, therefore when I shall vary it to Set (LT) I will have my passport and I be protected by 3C leave, unless not sending passport make my FLR (O) application instant invalid.

[Zaman_Dhaka]

You appear to be out by 2 days. You'll have to apply to extend before your current leave expires, then write to then shortly after when you become eligible and ask to vary the application to set(lr) and pay the fee difference.

So you are counting from the date of entry clearance visa is issued. Not the date of entry?

[Amber]

Your 10-year qualifying period starts from either:

the date when you arrived in the UK with a visa; or

the date you were given permission to stay in the UK.

as per here (click)

[Zaman_Dhaka]

Your 10-year qualifying period starts from either:

the date when you arrived in the UK with a visa; or

the date you were given permission to stay in the UK.

as per here (click)

Thanks Amber. you give me hope. But in the SET (LR) guideline it is clearly mentioned that if you have not come using such an entry clearance visa then continuous residency starts from the date of permission to stay. What does that mean. Will you please check?
In my case my entry clearance was issued on 10/ 09/2003. So can I apply on 14/08/2013 using 28 days grace periods? Thanks again.

[Amber]

I will if you give a link and page number.

[Zaman_Dhaka]

I will if you give a link and page number.

You should apply before the end of your permitted stay
in the UK.
There is a qualifying period to complete for a Long
Residence application It runs either from
- the date on which you entered the UK with a visa;
or, if you did not enter the UK with such a visa, from
- the date on which you were first granted permis-
sion to remain in the UK.
If you entered the UK with a visa several weeks or
more after the date from which it was valid for use, you
may need to apply for an extension of stay to complete
the relevant qualifying period.
Please do not apply more than 28 days before completing the qualifying period. If you apply earlier than
that, your application may be refused. If that happens,
we will not refund the fee and you will have to pay
again when reapplying.

So if I apply before 28 days and if they refuse me, will not I get permission to appeal? By the time of decision to refuse if I fulfil 10 years requirement then can I re-apply within 10 working days of refusal instead of going to appeal? In that case will my legality continue under 3c leave of section 5 ? Please let me know.