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10 years long residence applications

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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amjadleeds
Member of Standing
Posts: 271
Joined: Sat Mar 26, 2011 9:33 pm

Re: ilr under process

Post by amjadleeds » Thu Aug 01, 2013 4:56 pm

rmkirfan wrote:
amjadleeds wrote:Hi guys sad news for my sister in law died , cant do any visa in process , please pray for me
Sorry about ur situation. But please be Patience.
Hope you are in process of contacting MP/HO.
Today I spoke to my solicitor , she told me get copy of death certificate we will pursue case to expedite. So processing request to expedite case.
Guys please keep me in your prayers.

Regards
amjad

sghope
Newly Registered
Posts: 8
Joined: Tue Jun 25, 2013 1:39 pm

Re: change of application category

Post by sghope » Thu Aug 01, 2013 7:21 pm

sghope wrote:
saanju9 wrote:
sghope wrote:
sghope wrote:Hi all, has any one recently changed their application category from ILR (Long residence) application to spouse or other visa application instead? Any procedures to follow? The wait has been too long and the job interviewers weren't please to know about the backlog situation. :-(.. urgggg.. depressing...
Just to follow up my earlier post... My husband (British) and I spoke to the UK Border hotline together via handsfree. No application status can be provided until the 6 months deadline is up. The lady discouraged us to withdraw. We were shocked to hear that it will take 20 working days to get back all my documents. It means I will miss my current visa expiry date in August and best of all, I cannot even go for spouse visa application in UK now. :cry: :cry:
I personally think, you have waited 5 months and so you should wait a little bit more

All of us (u can see the skydrive) have waited 7 to 8 months on an average...if this makes feel any better

withdrawing your application will take atleast 20- 30 days and then you have to book an appointment and as you said you might miss your expiry date...so thats not going to be a wise option... atleast after waiting for 5 months

secondly, don't vary your application to spouse visa through postal service ...then your stuck in an another queue from the start...

so simply wait...I know its painful but there is nothing you can do

Sorry
My dad is unwell... he was hospitalised and my family did not want me to know or worry.. Years ago, I was working on my PhD and sadly, my grandma passed away. I only knew after 6 months. :( :(
Hi all... I got my ILR and my documents back today. Still waiting for biometric card. We faxed a letter (together with my father's recent hospital information and his medication, etc) to the Agency at 08703369405 last Thursday. Didn't go to MP. We just could not believe but I'm not 100% sure if the fax works its magic or not. :? Maybe coincidence but it gives us some hope. My case is straightforward. Only Passports and Life in the UK were sent. Please keep this forum alive... as it's quite a mental torture to wait so long. This forum is my support group... :D ... Many thanks, especially those who tried to help and pm me... :)

kebl303
Newbie
Posts: 42
Joined: Sun Feb 26, 2012 6:55 pm

IRL granted

Post by kebl303 » Thu Aug 01, 2013 7:27 pm

Dear All,

Sorry for not posting this sooner but I was granted IRL on April 4th. It's still sinking in but there is still pain from the torturous 8 months wait.

8 years on student visas and 2 years on post study work visa. No gaps due to travel and no penalties or criminal record.

Best of luck for those still waiting.

raholptl
Member
Posts: 138
Joined: Thu Dec 29, 2011 8:38 pm

Re: change of application category

Post by raholptl » Thu Aug 01, 2013 7:30 pm

sghope wrote:
sghope wrote:
saanju9 wrote:
sghope wrote:
Just to follow up my earlier post... My husband (British) and I spoke to the UK Border hotline together via handsfree. No application status can be provided until the 6 months deadline is up. The lady discouraged us to withdraw. We were shocked to hear that it will take 20 working days to get back all my documents. It means I will miss my current visa expiry date in August and best of all, I cannot even go for spouse visa application in UK now. :cry: :cry:
I personally think, you have waited 5 months and so you should wait a little bit more

All of us (u can see the skydrive) have waited 7 to 8 months on an average...if this makes feel any better

withdrawing your application will take atleast 20- 30 days and then you have to book an appointment and as you said you might miss your expiry date...so thats not going to be a wise option... atleast after waiting for 5 months

secondly, don't vary your application to spouse visa through postal service ...then your stuck in an another queue from the start...

so simply wait...I know its painful but there is nothing you can do

Sorry
My dad is unwell... he was hospitalised and my family did not want me to know or worry.. Years ago, I was working on my PhD and sadly, my grandma passed away. I only knew after 6 months. :( :(
Hi all... I got my ILR and my documents back today. Still waiting for biometric card. We faxed a letter (together with my father's recent hospital information and his medication, etc) to the Agency at 08703369405 last Thursday. Didn't go to MP. We just could not believe but I'm not 100% sure if the fax works its magic or not. :? Maybe coincidence but it gives us some hope. My case is straightforward. Only Passports and Life in the UK were sent. Please keep this forum alive... as it's quite a mental torture to wait so long. This forum is my support group... :D ... Many thanks, especially those who tried to help and pm me... :)
Hi sghope, When did u apply?

kebl303
Newbie
Posts: 42
Joined: Sun Feb 26, 2012 6:55 pm

Post by kebl303 » Thu Aug 01, 2013 8:12 pm

sent the current and old passport, the life in the UK test results, and all the certificates gained (not required). Did send a letter when 3 months passed before I was invited for biometrics, but I don't think the letter made any difference because they sent the invite before they would have had the time to process the letter. Wanted to involve the MP but never did.

I think the waiting times are improving, so if you are still waiting, it won't be long.

Best of luck again.

sonia123
Newbie
Posts: 36
Joined: Mon Dec 05, 2011 5:52 pm

Post by sonia123 » Thu Aug 01, 2013 9:30 pm

hi , could someone tell me that if someone has Master degree from uk thn for 10 year long residency after october 2013 he need B1 certificate for english language requirement or not ? many thanks

Regarding,

Sonia.


shaik719 wrote:
huqqapani wrote:
shaik719 wrote:
huqqapani wrote:
O no, I wish i had have asked this before I posted my application. I was convicted in October 2008 so clearly not 5 years. Have I lost £1051 down the drain ? Really upset now??
I think you will be fine bro coz its taking min 4months to get ilr and by the time you get yours it will be november so don't worry you will be fine. One of my friend was in same situation but he won in appeal. So hope for good don't worry mate
i was hoping for my application to be considered earlier but now i am praying that they consider mine in October/November.
Worst case scenario, if it does get refused and i appeal, how long could the whole process take. i mean from the time of appeal to actual hearing etc. ?

GURUS, can you please tell me what is likely to happen please ?
Appeal process is around 3months mate but wait for seniors to comment

huqqapani
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Posts: 328
Joined: Sun Nov 11, 2012 5:19 pm
Mood:
United Kingdom

Post by huqqapani » Thu Aug 01, 2013 9:57 pm

kebl303 wrote:sent the current and old passport, the life in the UK test results, and all the certificates gained (not required). Did send a letter when 3 months passed before I was invited for biometrics, but I don't think the letter made any difference because they sent the invite before they would have had the time to process the letter. Wanted to involve the MP but never did.

I think the waiting times are improving, so if you are still waiting, it won't be long.

Best of luck again.
Congrats when did you apply

Damanisshallo
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Posts: 1235
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Location: 50.89° N, 1.40° W

Falling Short

Post by Damanisshallo » Fri Aug 02, 2013 1:29 am

nhbloke wrote:My visa history:
Entry Clearance issued 09 Sep 2003 (Entered the UK on 20 Sep 2003)
7 Years student visas (2003-2010) + 3 Years Tier 2 (2010-2013)
All on time applications and No refusals in the last ten year
Current Tier 2 leave expiring on 31 Aug 2013

As I entered the UK on 20 Sep 2003, I would qualify to apply for ILR 10 Yr Long residence on 24 Aug 2013 (28 days before completing 10 years on 20 Sep 2013).

Some people have said to me that I can not apply for ILR (SET (LR) on 24 Aug 2013, reason being, though 24 Aug 2013 is 28 days before completing 10 years on 20 Sep 2013, I do not have leave till 20 Sep 2013 as my current leave is expiring on 31 Aug 2013. They say I need to apply for an extension at least until 20 Sep 2013 and then apply for ILR.

What I understand is that a person is eligible to apply for ILR 28 days before they complete qualifying residence period and that they should have valid leave on the day which they apply; in my case being 24 Aug 2013 and valid leave till 31 Aug 2013.

Can you please clarify which is correct? I am really confused.

Many thanks
You should be fine without extension. Please refer to the below links
Long Residence @ Page 19 wrote: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.
Settlement operational policy @ Whatdotheyknow.com wrote:We are unable to offer advice on individual cases, but can confirm that where an applicant has had a shortfall in their leave up to the end of the continuous period for ILR, it is not always necessary for applicants in such circumstances to make an application for a further extension of leave, as applicants can submit an application for settlement in the 28 days before the end of the qualifying period. They must not apply earlier than 28 days before the end of the qualifying period, and provided that they still have extant leave on the date of application, the shortfall will not be a consideration. Please see below example which may help to explain:

Mr A granted initial leave from 23/03/2009 to 23/03/2011
granted FLR at a PEO from 03/03/2011 to 03/03/2014 = 20 day shortfall up to end of 5 year continuous period

Mr A would be able to apply for ILR would between 24/02/14 and 03/03/14, as this is within 28 days of the end of the continuous period, and he would still have 8 days extant leave.
Statutory Warning:Members are advised to make thorough inquiries before acting upon any description displayed on my behalf.
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ppycrmt
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Posts: 129
Joined: Mon Sep 19, 2011 5:20 pm

Post by ppycrmt » Fri Aug 02, 2013 7:53 am

If you are applying after September 2013, you will need an English language certificate. It doesn't matter if you have a degree.
sonia123 wrote:hi , could someone tell me that if someone has Master degree from uk thn for 10 year long residency after october 2013 he need B1 certificate for english language requirement or not ? many thanks

Regarding,

Sonia.


shaik719 wrote:
huqqapani wrote:
shaik719 wrote: I think you will be fine bro coz its taking min 4months to get ilr and by the time you get yours it will be november so don't worry you will be fine. One of my friend was in same situation but he won in appeal. So hope for good don't worry mate
i was hoping for my application to be considered earlier but now i am praying that they consider mine in October/November.
Worst case scenario, if it does get refused and i appeal, how long could the whole process take. i mean from the time of appeal to actual hearing etc. ?

GURUS, can you please tell me what is likely to happen please ?
Appeal process is around 3months mate but wait for seniors to comment

saanju9
Member of Standing
Posts: 387
Joined: Wed Aug 22, 2012 4:47 pm

Post by saanju9 » Fri Aug 02, 2013 9:56 am

ppycrmt wrote:If you are applying after September 2013, you will need an English language certificate. It doesn't matter if you have a degree.
sonia123 wrote:hi , could someone tell me that if someone has Master degree from uk thn for 10 year long residency after october 2013 he need B1 certificate for english language requirement or not ? many thanks

Regarding,

Sonia.
No Sonia if you have a degree or a Masters degree taught in English you might not have to

please check this webpage of home office - page 6 precisely

https://www.gov.uk/government/uploads/s ... t-koll.pdf

Although we will have a clear instruction once they release the new immigration rules..

good luck

saanju9
Member of Standing
Posts: 387
Joined: Wed Aug 22, 2012 4:47 pm

Re: change of application category

Post by saanju9 » Fri Aug 02, 2013 10:07 am

sghope wrote:
sghope wrote: My dad is unwell... he was hospitalised and my family did not want me to know or worry.. Years ago, I was working on my PhD and sadly, my grandma passed away. I only knew after 6 months. :( :(
Hi all... I got my ILR and my documents back today. Still waiting for biometric card. We faxed a letter (together with my father's recent hospital information and his medication, etc) to the Agency at 08703369405 last Thursday. Didn't go to MP. We just could not believe but I'm not 100% sure if the fax works its magic or not. :? Maybe coincidence but it gives us some hope. My case is straightforward. Only Passports and Life in the UK were sent. Please keep this forum alive... as it's quite a mental torture to wait so long. This forum is my support group... :D ... Many thanks, especially those who tried to help and pm me... :)
Oh good... you can travel now...one thing you don't need bio metrics card when travelling outside ..you need it only when you come back in.... so if you have to (i mean in really worse scenario - i wish that not the case with your dad anymore) ask someone either to bring it with them at a latter date to your destination or post it... but it shouldn't take longer than a week form now

good luck

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: change of application category

Post by Bhupal » Fri Aug 02, 2013 12:10 pm

Congrats,Sghope for your freedom,God is great,hope we all will also get our ILR very soon.My SETLR form send on 10 May 2013,Finger print on 29 May and waiting for ILR
sghope wrote:
sghope wrote:
saanju9 wrote:
sghope wrote:
Just to follow up my earlier post... My husband (British) and I spoke to the UK Border hotline together via handsfree. No application status can be provided until the 6 months deadline is up. The lady discouraged us to withdraw. We were shocked to hear that it will take 20 working days to get back all my documents. It means I will miss my current visa expiry date in August and best of all, I cannot even go for spouse visa application in UK now. :cry: :cry:
I personally think, you have waited 5 months and so you should wait a little bit more

All of us (u can see the skydrive) have waited 7 to 8 months on an average...if this makes feel any better

withdrawing your application will take atleast 20- 30 days and then you have to book an appointment and as you said you might miss your expiry date...so thats not going to be a wise option... atleast after waiting for 5 months

secondly, don't vary your application to spouse visa through postal service ...then your stuck in an another queue from the start...

so simply wait...I know its painful but there is nothing you can do

Sorry
My dad is unwell... he was hospitalised and my family did not want me to know or worry.. Years ago, I was working on my PhD and sadly, my grandma passed away. I only knew after 6 months. :( :(
Hi all... I got my ILR and my documents back today. Still waiting for biometric card. We faxed a letter (together with my father's recent hospital information and his medication, etc) to the Agency at 08703369405 last Thursday. Didn't go to MP. We just could not believe but I'm not 100% sure if the fax works its magic or not. :? Maybe coincidence but it gives us some hope. My case is straightforward. Only Passports and Life in the UK were sent. Please keep this forum alive... as it's quite a mental torture to wait so long. This forum is my support group... :D ... Many thanks, especially those who tried to help and pm me... :)

nhbloke
Newly Registered
Posts: 14
Joined: Thu Aug 01, 2013 3:27 pm

Re: Falling Short

Post by nhbloke » Fri Aug 02, 2013 7:36 pm

[quote="Damanisshallo"][quote="nhbloke"]My visa history:
Entry Clearance issued 09 Sep 2003 (Entered the UK on 20 Sep 2003)
7 Years student visas (2003-2010) + 3 Years Tier 2 (2010-2013)
All on time applications and No refusals in the last ten year
Current Tier 2 leave expiring on 31 Aug 2013

As I entered the UK on 20 Sep 2003, I would qualify to apply for ILR 10 Yr Long residence on 24 Aug 2013 (28 days before completing 10 years on 20 Sep 2013).

Some people have said to me that I can not apply for ILR (SET (LR) on 24 Aug 2013, reason being, though 24 Aug 2013 is 28 days before completing 10 years on 20 Sep 2013, I do not have leave till 20 Sep 2013 as my current leave is expiring on 31 Aug 2013. They say I need to apply for an extension at least until 20 Sep 2013 and then apply for ILR.

What I understand is that a person is eligible to apply for ILR 28 days before they complete qualifying residence period and that they should have valid leave on the day which they apply; in my case being 24 Aug 2013 and valid leave till 31 Aug 2013.

Can you please clarify which is correct? I am really confused.

Many thanks[/quote]

You should be fine without extension. Please refer to the below links

[quote="[url=http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary]Long Residence @ Page 19[/url]"][b]Applications received 28 days or less before the required qualifying period is completed[/b]
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.[/quote]

[quote="[url=https://www.whatdotheyknow.com/request/ ... g_period_2]Settlement operational policy @ Whatdotheyknow.com[/url]"]We are unable to offer advice on individual cases, but can confirm that where an applicant has had a shortfall in their leave up to the end of the continuous period for ILR, it is not always necessary for applicants in such circumstances to make an application for a further extension of leave, as applicants can submit an application for settlement in the 28 days before the end of the qualifying period. They must not apply earlier than 28 days before the end of the qualifying period, and provided that they still have extant leave on the date of application, the shortfall will not be a consideration. Please see below example which may help to explain:

Mr A granted initial leave from 23/03/2009 to 23/03/2011
granted FLR at a PEO from 03/03/2011 to 03/03/2014 = 20 day shortfall up to end of 5 year continuous period

Mr A would be able to apply for ILR would between 24/02/14 and 03/03/14, as this is within 28 days of the end of the continuous period, and he would still have 8 days extant leave.[/quote][/quote]
[b]
Thanks very much for taking time to reply to my queries.[/b]

Zaman_Dhaka
Newly Registered
Posts: 7
Joined: Sat Aug 03, 2013 7:25 am

Post by Zaman_Dhaka » Sat Aug 03, 2013 8:10 am

Hi all. I have the a situation and I really need some help from the members. I have 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). 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)

My wife is in my dependent visa. What application form should I use for her application?
May I get some quick advice from senior forum members please?

NS21blue
Newly Registered
Posts: 3
Joined: Sat Aug 03, 2013 9:11 am

Long absences in ilr 10 years application

Post by NS21blue » Sat Aug 03, 2013 9:51 am

Dear All,

I would like to have some guidance on my application for 10 years ILR that I will be eligible at the end of August 2013.

I have carried out my calculations for the number of days I have been absent from the UK and it crosses the 540 days. I have exceeded both 180 days in 12 months and 90 days in a stretch stay out of the country, primarily due a business secondment.

I was out of country for:
Total: 568 days
Business: 361
Personal: 207

I was seconded to Europe from my current company for a specialized training programme and that caused these absences. The contract I have signed with the company, clearly states that I need to be seconded to Europe for training, followed by a full time job in the UK office. During this time I was paid in Euros from the European offices and a bit from my UK office.
I have read the UKBA immigration guidance notes and it depends on the senior case worker discretion to provide ILR in these cases. I have the necessary documents to prove the above, but I would like to clarify with the experts whether I stand any chance or if I need to consult any solicitor for support.

thank you in advance!

Best Regards,
N

raholptl
Member
Posts: 138
Joined: Thu Dec 29, 2011 8:38 pm

Re: Ilr approved

Post by raholptl » Sat Aug 03, 2013 1:56 pm

shaik719 wrote:
raholptl wrote:
shaik719 wrote:Alhamdulillah got my ilr today in Ramadan
Applied on 20/03/13
Acknowledgement 22/03/13
Ilr approved 30/07/13
Thanks to all who share there experiences on this forum hope for good to the members waiting for their ilr
Thanks to damanishallo and smshad for your help brothers
Congrats, can you please list the documents you sent?
Thanks all passports liuk test certificate any convictions if you have 3 months statements but don't need to if you don't have bank statements
hi shaik,
Can you please tell your ILR was stamped on the passport or just biometric card was given?

Zim1
Newbie
Posts: 40
Joined: Thu Sep 09, 2010 12:27 pm

Eligibility to apply for naturalization after 10 yr ILR

Post by Zim1 » Sat Aug 03, 2013 9:03 pm

Hi Guys,

Just wondered when is the right time for me to apply for naturalization after my 10 yr ILR. I applied for my ILR in September 2012 and it was approved in May 2013. Is it true I start counting the 12 months, 3 months after my ILR application .i.e. in my case from January 2013 therefore eligible to apply in January 2014?
Can someone please shed light on this for me or provide a UKBA link where I can see get this information.

Many thanks,

Z1

jony_dhaka
Member
Posts: 119
Joined: Wed May 15, 2013 5:21 pm
Location: London

Re: Eligibility to apply for naturalization after 10 yr ILR

Post by jony_dhaka » Sat Aug 03, 2013 11:29 pm

Your one year start counting from the day your Ilr was approved (May 2013) ,You must hold ILR status for one full year (365 days /12 month )before being eligible to apply for citizenship. You will be eligible to apply for citizenship may 2014

The fact is you must have a permanent residency before you apply for citizenship and your permanent residency started may 2013 . when you was waiting for your ILR your visa status was't permanent resident .



Zim1 wrote:Hi Guys,

Just wondered when is the right time for me to apply for naturalization after my 10 yr ILR. I applied for my ILR in September 2012 and it was approved in May 2013. Is it true I start counting the 12 months, 3 months after my ILR application .i.e. in my case from January 2013 therefore eligible to apply in January 2014?
Can someone please shed light on this for me or provide a UKBA link where I can see get this information.

Many thanks,

Z1

Damanisshallo
Respected Guru
Posts: 1235
Joined: Fri Jul 27, 2012 4:29 am
Location: 50.89° N, 1.40° W

Re: Eligibility to apply for naturalization after 10 yr ILR

Post by Damanisshallo » Sun Aug 04, 2013 2:15 am

Zim1 wrote:Hi Guys,

Just wondered when is the right time for me to apply for naturalization after my 10 yr ILR. I applied for my ILR in September 2012 and it was approved in May 2013. Is it true I start counting the 12 months, 3 months after my ILR application .i.e. in my case from January 2013 therefore eligible to apply in January 2014?
Can someone please shed light on this for me or provide a UKBA link where I can see get this information.

Many thanks,

Z1
You can try this.
Statutory Warning:Members are advised to make thorough inquiries before acting upon any description displayed on my behalf.
Skydrives, Templates

jony_dhaka
Member
Posts: 119
Joined: Wed May 15, 2013 5:21 pm
Location: London

Re: Eligibility to apply for naturalization after 10 yr ILR

Post by jony_dhaka » Sun Aug 04, 2013 7:53 am

This discretion policy is nice but there is a risk because fee for an unsuccessful or withdrawn application will not be refunded.

If i was ''Zim1 '' i would wait 5 more month and apply for citizenship in may 2014 instead of January 2014 unless there is an emergency .


Damanisshallo wrote:
Zim1 wrote:Hi Guys,

Just wondered when is the right time for me to apply for naturalization after my 10 yr ILR. I applied for my ILR in September 2012 and it was approved in May 2013. Is it true I start counting the 12 months, 3 months after my ILR application .i.e. in my case from January 2013 therefore eligible to apply in January 2014?
Can someone please shed light on this for me or provide a UKBA link where I can see get this information.

Many thanks,

Z1
You can try this.

raholptl
Member
Posts: 138
Joined: Thu Dec 29, 2011 8:38 pm

Re: Ilr approved

Post by raholptl » Sun Aug 04, 2013 12:11 pm

shaik719 wrote:Alhamdulillah got my ilr today in Ramadan
Applied on 20/03/13
Acknowledgement 22/03/13
Ilr approved 30/07/13
Thanks to all who share there experiences on this forum hope for good to the members waiting for their ilr
Thanks to damanishallo and smshad for your help brothers
Congrats shaik,
can you please tell what documents you sent? Thanks in advance.

User avatar
ppycrmt
Member
Posts: 129
Joined: Mon Sep 19, 2011 5:20 pm

Re: Long absences in ilr 10 years application

Post by ppycrmt » Mon Aug 05, 2013 10:49 am

I very much doubt you will be approved of ILR based on your 568 days and 180 days.

If I were you, I will not proceed and apply in August. To apply for ILR means you have to be living in the UK for an extended period of time, it doesn't mean working for a UK company abroad, even if it means the company is in Europe.

However, if you are not convinced, then I strongly recommend you to consult your issues with a lawyer, who are able to advise further on this matter.
NS21blue wrote:Dear All,

I would like to have some guidance on my application for 10 years ILR that I will be eligible at the end of August 2013.

I have carried out my calculations for the number of days I have been absent from the UK and it crosses the 540 days. I have exceeded both 180 days in 12 months and 90 days in a stretch stay out of the country, primarily due a business secondment.

I was out of country for:
Total: 568 days
Business: 361
Personal: 207

I was seconded to Europe from my current company for a specialized training programme and that caused these absences. The contract I have signed with the company, clearly states that I need to be seconded to Europe for training, followed by a full time job in the UK office. During this time I was paid in Euros from the European offices and a bit from my UK office.
I have read the UKBA immigration guidance notes and it depends on the senior case worker discretion to provide ILR in these cases. I have the necessary documents to prove the above, but I would like to clarify with the experts whether I stand any chance or if I need to consult any solicitor for support.

thank you in advance!

Best Regards,
N

TheGreenTea
Member
Posts: 131
Joined: Tue Feb 19, 2013 5:56 pm

Re: Long absences in ilr 10 years application

Post by TheGreenTea » Mon Aug 05, 2013 10:58 am

NS21blue wrote:Dear All,

I would like to have some guidance on my application for 10 years ILR that I will be eligible at the end of August 2013.

I have carried out my calculations for the number of days I have been absent from the UK and it crosses the 540 days. I have exceeded both 180 days in 12 months and 90 days in a stretch stay out of the country, primarily due a business secondment.

I was out of country for:
Total: 568 days
Business: 361
Personal: 207

I was seconded to Europe from my current company for a specialized training programme and that caused these absences. The contract I have signed with the company, clearly states that I need to be seconded to Europe for training, followed by a full time job in the UK office. During this time I was paid in Euros from the European offices and a bit from my UK office.
I have read the UKBA immigration guidance notes and it depends on the senior case worker discretion to provide ILR in these cases. I have the necessary documents to prove the above, but I would like to clarify with the experts whether I stand any chance or if I need to consult any solicitor for support.

thank you in advance!

Best Regards,
N
When applying at discretion of the officer, you will have apply via post (i.e. you cannot do one day service at PEO).
You might be lucky an the senior officer approves your application.
However, you will need to be aware of the following:
a) postal applications take ages at the moment (I have been waiting over 6 months now and so have been other members of the forum)
b) In case of the refusal, you will loose the fees and if you have a valid visa at the time of the refusal you will not be able to appeal the decision.
You will be able to re-apply when the reasons for refusal are cleared.

If I were you , I would wait until there are not reasons for refusal and go to PEO.

saanju9
Member of Standing
Posts: 387
Joined: Wed Aug 22, 2012 4:47 pm

Post by saanju9 » Mon Aug 05, 2013 11:10 am

Zaman_Dhaka wrote:Hi all. I have the a situation and I really need some help from the members. I have 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). 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)

My wife is in my dependent visa. What application form should I use for her application?
May I get some quick advice from senior forum members please?
1. I don't think the entry clearance date counts... it is the date you have entered the UK... this is what I got from the documents (numerous amounts by the way) I read regarding this ILR 10 yrs route... and of course if someone found something which contradicts to what I am saying your lucky... however please ask them to put forth their argument with a valid evidence...

2. If your 28 days short ..its absolutely fine and you can apply... they will exercise the discretionary provided everything else has been ok... but 32 days is bit complicated... they might or they might not ... and the chances of they might not are more likely...
so I would do what your solicitor has said... apply for something else (whatever the relevant category for you is ) and then vary it to the ILR after few days.... in that way you shouldn't technically loose money...

I would personally suggest the same...however if any one else has some other suggestions ... we can debate further

3. your wife will have to apply for the dependent visa on whatever category your applying and then vary it to FLR(M)...

All in all its a bit complicated case and I would advice you to get a decent solicitor...

vasa_1980
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Any idea how long UKBA will take to debit your account?

Post by vasa_1980 » Mon Aug 05, 2013 2:38 pm

Hi Guys,

How long UKBA will take to debit my account? I paid with UK VISA debit card details?

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