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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

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zabizabi
Member
Posts: 151
Joined: Sat Mar 16, 2013 7:07 am

need your help

Post by zabizabi » Mon Aug 19, 2013 8:13 pm

hi,
i am sending my application on wednessday(10 years), with my application i am sending my all passports, 3 month bank statement,life in the uk test,6 month payslips.is anything else i should send with it.one entry stamp is missing in my passport(back home entry stamp),even i dont remember the date but it was 4 weeks holidays.

lucky13
Junior Member
Posts: 62
Joined: Sun Aug 18, 2013 2:31 am

Re: need your help

Post by lucky13 » Mon Aug 19, 2013 8:38 pm

zabizabi wrote:hi,
i am sending my application on wednessday(10 years), with my application i am sending my all passports, 3 month bank statement,life in the uk test,6 month payslips.is anything else i should send with it.one entry stamp is missing in my passport(back home entry stamp),even i dont remember the date but it was 4 weeks holidays.
I don’t know if you need to send any payslips and bank statement ! However if you can find any travel details like flight ticket will help for your missing stamp.

zabizabi
Member
Posts: 151
Joined: Sat Mar 16, 2013 7:07 am

Re: need your help

Post by zabizabi » Mon Aug 19, 2013 9:13 pm

i dont have any details ,it was in 2005.i have uk entry stamp on it but missing entry back home stamp.any suggestion please






I don’t know if you need to send any payslips and bank statement ! However if you can find any travel details like flight ticket will help for your missing stamp. [/quote]

cheeta
Newly Registered
Posts: 24
Joined: Tue Jul 23, 2013 2:42 pm
Location: London

ILR 10 years long residency

Post by cheeta » Mon Aug 19, 2013 10:07 pm

I submitted Tier 4 (General) application on 24th January 2013, this application was pending with UKBA under 3C and I completed 10 years lawful residence in UK. Therefore, on 16th March 2013, I made a request to Secretary of State to vary the grounds of my Tier 4 (General) Migrant application with SET (O) application for Indefinite Leave to remain in UK on the basis of 10 years lawful residence. I have also enrolled my bio metrics in the Post office for ILR application on 4th April 2013.

On 22nd April 2013 my Tier 4 (General) application was refused by the UKBA though I had already completed 10 years and varied this application with SET O. I was advised by two solicitors to appeal against this decision to be on the safe side so I did and appeal is pending in the court.

Now, I seek your advise that this decision on Tier 4 application will affect my ILR? as I applied for ILR 5 weeks before this decision was made.

Kind regards

R556
Newbie
Posts: 38
Joined: Fri Mar 22, 2013 10:16 pm

Re: ILR 10 years long residency

Post by R556 » Mon Aug 19, 2013 10:42 pm

cheeta wrote:I submitted Tier 4 (General) application on 24th January 2013, this application was pending with UKBA under 3C and I completed 10 years lawful residence in UK. Therefore, on 16th March 2013, I made a request to Secretary of State to vary the grounds of my Tier 4 (General) Migrant application with SET (O) application for Indefinite Leave to remain in UK on the basis of 10 years lawful residence. I have also enrolled my bio metrics in the Post office for ILR application on 4th April 2013.

On 22nd April 2013 my Tier 4 (General) application was refused by the UKBA though I had already completed 10 years and varied this application with SET O. I was advised by two solicitors to appeal against this decision to be on the safe side so I did and appeal is pending in the court.

Now, I seek your advise that this decision on Tier 4 application will affect my ILR? as I applied for ILR 5 weeks before this decision was made.

Kind regards

Did you pay full money for SET O or just difference between Tier 4 and SET O application fee?

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

Varying Application

Post by nhbloke » Mon Aug 19, 2013 10:50 pm

Hi There

I am currently on Tier 2 visa which is expiring on 31 August 2013.
I will be eligible to apply for ILR (10 Yr long residence) on 24 August 2013.
I have received my SAR and everything is OK. No refusals in the last 10 Yrs.

I have made an application for Tier 4 on 19 July 2013 as I wish to study from the end of September 2013. Biometrics were given on 26 July 2013 and STILL WAITING. I was hoping that I would get a decision from UKBA before 24 Aug 13; so that I could immediately apply for ILR.

I am thinking to send my ILR application on 31 Aug 13 and vary my Tier 4 application to ILR if I don't get a decision on my Tier 4 application from UKBA before 31 Aug 13. But according to this document below (page 32)

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

The application date remains the date of the original application and not the date of the variation. My fear is, [b]will UKBA treat 19 July 13 (date of my Tier 4 application) as the application date for my ILR application even if I send my ILR application on or after 24 Aug 13 (the date I become eligible to apply for ILR) and REFUSE my ILR application on the ground that I applied too EARLY? [/b]

Can you please advice? Has anyone got any experience of this kind of situation and varying a pending application to ILR application?

Many thanks

cheeta
Newly Registered
Posts: 24
Joined: Tue Jul 23, 2013 2:42 pm
Location: London

ILR 10 years long residency

Post by cheeta » Mon Aug 19, 2013 10:55 pm

R556, I paid full fee for the SET O

cheeta
Newly Registered
Posts: 24
Joined: Tue Jul 23, 2013 2:42 pm
Location: London

Re: ILR 10 years long residency

Post by cheeta » Mon Aug 19, 2013 11:00 pm

R556 wrote:
cheeta wrote:I submitted Tier 4 (General) application on 24th January 2013, this application was pending with UKBA under 3C and I completed 10 years lawful residence in UK. Therefore, on 16th March 2013, I made a request to Secretary of State to vary the grounds of my Tier 4 (General) Migrant application with SET (O) application for Indefinite Leave to remain in UK on the basis of 10 years lawful residence. I have also enrolled my bio metrics in the Post office for ILR application on 4th April 2013.

On 22nd April 2013 my Tier 4 (General) application was refused by the UKBA though I had already completed 10 years and varied this application with SET O. I was advised by two solicitors to appeal against this decision to be on the safe side so I did and appeal is pending in the court.

Now, I seek your advise that this decision on Tier 4 application will affect my ILR? as I applied for ILR 5 weeks before this decision was made.

Kind regards

Did you pay full money for SET O or just difference between Tier 4 and SET O application fee?
Dear R556, I paid full fee for SET O

R556
Newbie
Posts: 38
Joined: Fri Mar 22, 2013 10:16 pm

Re: ILR 10 years long residency

Post by R556 » Mon Aug 19, 2013 11:20 pm

cheeta wrote:
R556 wrote:
cheeta wrote:I submitted Tier 4 (General) application on 24th January 2013, this application was pending with UKBA under 3C and I completed 10 years lawful residence in UK. Therefore, on 16th March 2013, I made a request to Secretary of State to vary the grounds of my Tier 4 (General) Migrant application with SET (O) application for Indefinite Leave to remain in UK on the basis of 10 years lawful residence. I have also enrolled my bio metrics in the Post office for ILR application on 4th April 2013.

On 22nd April 2013 my Tier 4 (General) application was refused by the UKBA though I had already completed 10 years and varied this application with SET O. I was advised by two solicitors to appeal against this decision to be on the safe side so I did and appeal is pending in the court.

Now, I seek your advise that this decision on Tier 4 application will affect my ILR? as I applied for ILR 5 weeks before this decision was made.

Kind regards

Did you pay full money for SET O or just difference between Tier 4 and SET O application fee?
Dear R556, I paid full fee for SET O

In order to vary previous application only difference of previous and new application fees is required so in my understanding they treated your SETO application as a fresh application and your variation has not been accepted but I'm not sure if this refusal decision will affect over your SETO or not.

cheeta
Newly Registered
Posts: 24
Joined: Tue Jul 23, 2013 2:42 pm
Location: London

Re: ILR 10 years long residency

Post by cheeta » Mon Aug 19, 2013 11:35 pm

R556 wrote:
cheeta wrote:
R556 wrote:
cheeta wrote:I submitted Tier 4 (General) application on 24th January 2013, this application was pending with UKBA under 3C and I completed 10 years lawful residence in UK. Therefore, on 16th March 2013, I made a request to Secretary of State to vary the grounds of my Tier 4 (General) Migrant application with SET (O) application for Indefinite Leave to remain in UK on the basis of 10 years lawful residence. I have also enrolled my bio metrics in the Post office for ILR application on 4th April 2013.

On 22nd April 2013 my Tier 4 (General) application was refused by the UKBA though I had already completed 10 years and varied this application with SET O. I was advised by two solicitors to appeal against this decision to be on the safe side so I did and appeal is pending in the court.

Now, I seek your advise that this decision on Tier 4 application will affect my ILR? as I applied for ILR 5 weeks before this decision was made.

Kind regards

Did you pay full money for SET O or just difference between Tier 4 and SET O application fee?
Dear R556, I paid full fee for SET O

In order to vary previous application only difference of previous and new application fees is required so in my understanding they treated your SETO application as a fresh application and your variation has not been accepted but I'm not sure if this refusal decision will affect over your SETO or not.
Dear R556, thanks for your valued advice, I hope some other member will help me in my qurery.

adlakha84
Newbie
Posts: 34
Joined: Fri Jun 21, 2013 12:54 am

Re: ILR 10 years long residency

Post by adlakha84 » Mon Aug 19, 2013 11:41 pm

cheeta wrote:
R556 wrote:
cheeta wrote:
R556 wrote:

Did you pay full money for SET O or just difference between Tier 4 and SET O application fee?
Dear R556, I paid full fee for SET O

In order to vary previous application only difference of previous and new application fees is required so in my understanding they treated your SETO application as a fresh application and your variation has not been accepted but I'm not sure if this refusal decision will affect over your SETO or not.
Dear R556, thanks for your valued advice, I hope some other member will help me in my qurery.
Dear R556 how should one pay the difference is it not for UKBA to charge the fees accordingly when the cover letter is attached with the application explaining that I am now varying the application . My solicitor helped me fill the application and I have ticked the full amount of 1050 , there is no option on the form to write lower amount . I don't know if he posted this application today for me .

adlakha84
Newbie
Posts: 34
Joined: Fri Jun 21, 2013 12:54 am

Re: ILR 10 years long residency

Post by adlakha84 » Mon Aug 19, 2013 11:57 pm

cheeta wrote:
R556 wrote:
cheeta wrote:
R556 wrote:

Did you pay full money for SET O or just difference between Tier 4 and SET O application fee?
Dear R556, I paid full fee for SET O

In order to vary previous application only difference of previous and new application fees is required so in my understanding they treated your SETO application as a fresh application and your variation has not been accepted but I'm not sure if this refusal decision will affect over your SETO or not.
Dear R556, thanks for your valued advice, I hope some other member will help me in my qurery.
I am not a professional and in similar situation but you had tier 4 application in consideration and you used SET(O) form to vary the grounds of application rather SET(LR) might be the reason they refused your application .

R556
Newbie
Posts: 38
Joined: Fri Mar 22, 2013 10:16 pm

Re: ILR 10 years long residency

Post by R556 » Tue Aug 20, 2013 12:17 am

adlakha84 wrote:
cheeta wrote:
R556 wrote:
cheeta wrote:
Dear R556, I paid full fee for SET O

In order to vary previous application only difference of previous and new application fees is required so in my understanding they treated your SETO application as a fresh application and your variation has not been accepted but I'm not sure if this refusal decision will affect over your SETO or not.
Dear R556, thanks for your valued advice, I hope some other member will help me in my qurery.
I am not a professional and in similar situation but you had tier 4 application in consideration and you used SET(O) form to vary the grounds of application rather SET(LR) might be the reason they refused your application .
At the time when he varied his application, SETO was only the valid form for ILR

adlakha84
Newbie
Posts: 34
Joined: Fri Jun 21, 2013 12:54 am

Re: ILR 10 years long residency

Post by adlakha84 » Tue Aug 20, 2013 12:20 am

R556 wrote:
adlakha84 wrote:
cheeta wrote:
R556 wrote:

In order to vary previous application only difference of previous and new application fees is required so in my understanding they treated your SETO application as a fresh application and your variation has not been accepted but I'm not sure if this refusal decision will affect over your SETO or not.
Dear R556, thanks for your valued advice, I hope some other member will help me in my qurery.
I am not a professional and in similar situation but you had tier 4 application in consideration and you used SET(O) form to vary the grounds of application rather SET(LR) might be the reason they refused your application .
At the time when he varied his application, SETO was only the valid form for ILR

Thank you, for correcting me . could you please advise if home office charges the difference accordingly or I would need to mention it on the form , I am going to attach a cover letter.

Maxwell
Member
Posts: 181
Joined: Mon Aug 19, 2013 6:14 pm

Post by Maxwell » Tue Aug 20, 2013 12:32 am

Maxwell wrote:Hi, great forum.

Please add me to 10 Years ILR Skydrive.

You can add me anywhere, but please add me to this one because I track it:
https://skydrive.live.com/?cid=75f30851 ... 5&authkey=

Date application sent: 1 July
Ask Letter: 9 July
Biometric letter and enrol: 12 July

Now waiting.

Thank you.
Somebody added me to Skydrive. Thanks. But there is a typo in the date of acknowledgement letter in Skydrive. Please correct it, the month and date should be changed, they are placed wrong. It is now 9/7/2013, should be 7/9/2013. Thanks!

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

Post by jony_dhaka » Tue Aug 20, 2013 7:29 am

Job done mate.
Just out of curious can you give your visa and absence history in below example format please ?
Thank you

Example :

VISA AND ABSENCE HISTORY :
Visa and absence history
Passport no : xxxxxx


1st visa : 25/02/2003 to 25/02/2006

Absence: 11/11/2004 to 18/11/2004 (6 days )
Absence: 04/07/2005 to 27/7/2005 (22 days )

26/2/2006 TO 2/3/2006 : 5 DAYS OVERSTAY (Not sure about this 5 days becoz i forgot if i applied before 25/2/2006 or not )

2nd visa : 03/3/2006 to 26/2/2007
Absence : 02/4/2006 to 30/4/2006 ( 27 days )
Absence: 03/1/2007 to 05/2 /2007 (32 days )

3rd visa :23/01/2007 to 31/05/2008
Absence: None


4th visa : 28/5/2008 to 26/9/2009
Absence: 19/11/2008 to 08/2/2009 ( 80 days )

> applied for extension 24/9/2009
> 1/10/ 2009 ukba returns my doc for my wrong size photograph
>Applied again (Forget the date )
>07/10/2009 got my acknowledgment letter .
> 22/10/2009 got my BRP.(5th visa )
27/9/2009 TO 6/10/2009 :10 DAYS OVERSTAY


5th visa 23/10/2009 to 30/09/2010

Absence: None


>applied for 6th visa (forgot the date )
> Got acknowledgment letter 14/09/2010
>Got BRP 21/12/2010 (6th visa )

6th visa: BRP 21/12/2010 to 12/10/2013
Absence : None

TOTAL ABSENCE :167 DAYS IN 10 YEARS .
OVERSTAY :15 DAYS
Maxwell wrote:
Maxwell wrote:Hi, great forum.

Please add me to 10 Years ILR Skydrive.

You can add me anywhere, but please add me to this one because I track it:
https://skydrive.live.com/?cid=75f30851 ... 5&authkey=

Date application sent: 1 July
Ask Letter: 9 July
Biometric letter and enrol: 12 July

Now waiting.

Thank you.
Somebody added me to Skydrive. Thanks. But there is a typo in the date of acknowledgement letter in Skydrive. Please correct it, the month and date should be changed, they are placed wrong. It is now 9/7/2013, should be 7/9/2013. Thanks!
Last edited by jony_dhaka on Tue Aug 20, 2013 8:08 am, edited 3 times in total.

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

Re: ILR 10 years long residency

Post by jony_dhaka » Tue Aug 20, 2013 7:49 am

let me get this clear >
1.Applied Tier 4 (General) application 24/1/2013
2.In the mean time you completed 10 year lawful residence while your tire 4 application was pending .
3.You applied for ILR 16/3/2013
4.Tire 4 was refused 22 /4 /2013
5 . you appeal against Tire 4 decision while your ILR is pending to ukba .

My Dear cheeta,
If i was you .This is what i would do .
1. Wait for Tire 4 decision then apply for ILR as i know i have complied 10 year when Tire 4 was pending .
2. I wouldn't send a appeal against Tire 4 while my ILR application is pending .
You just made things more complicated for UKBA now .
My prediction is >
1.you might have to wait for a very looooong time for your ILR now .
2. In worse case Your ILR might get refused as well .
3.Or UKBA might just ignore your appeal and give ILR to you. ( I STRONGLY WISH AND PRAY )

UKBA might be having a Laugh :lol: now because you appeal against your Tire 4 while your ILR is pending .

Wish you all the best my friend :)


Guidance – Long residence and private life:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 25 wrote:

(The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal :

A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.)

cheeta wrote:I submitted Tier 4 (General) application on 24th January 2013, this application was pending with UKBA under 3C and I completed 10 years lawful residence in UK. Therefore, on 16th March 2013, I made a request to Secretary of State to vary the grounds of my Tier 4 (General) Migrant application with SET (O) application for Indefinite Leave to remain in UK on the basis of 10 years lawful residence. I have also enrolled my bio metrics in the Post office for ILR application on 4th April 2013.

On 22nd April 2013 my Tier 4 (General) application was refused by the UKBA though I had already completed 10 years and varied this application with SET O. I was advised by two solicitors to appeal against this decision to be on the safe side so I did and appeal is pending in the court.

Now, I seek your advise that this decision on Tier 4 application will affect my ILR? as I applied for ILR 5 weeks before this decision was made.

Kind regards
:lol:

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

Varying Application

Post by nhbloke » Tue Aug 20, 2013 8:52 am

Hi There

I am currently on Tier 2 visa which is expiring on 31 August 2013.
I will be eligible to apply for ILR (10 Yr long residence) on 24 August 2013.
I have received my SAR and everything is OK. No refusals in the last 10 Yrs.

I have made an application for Tier 4 on 19 July 2013 as I wish to study from the end of September 2013. Biometrics were given on 26 July 2013 and STILL WAITING. I was hoping that I would get a decision from UKBA before 24 Aug 13; so that I could immediately apply for ILR.

I am thinking to send my ILR application on 31 Aug 13 and vary my Tier 4 application to ILR if I don't get a decision on my Tier 4 application from UKBA before 31 Aug 13. But according to this document below (page 32)

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

The application date remains the date of the original application and not the date of the variation. My fear is, [b]will UKBA treat 19 July 13 (date of my Tier 4 application) as the application date for my ILR application even if I send my ILR application on or after 24 Aug 13 (the date I become eligible to apply for ILR) and REFUSE my ILR application on the ground that I applied too EARLY?
[/b]
Can you please advice? Has anyone got any experience of this kind of situation and varying a pending application to ILR application?

Many thanks

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

Re: ilr under process

Post by amjadleeds » Tue Aug 20, 2013 9:17 am

jony_dhaka wrote:Job done mate.
Just out of curious can you give your visa and absence history in below example format please ?
Thank you

Example :

VISA AND ABSENCE HISTORY :
Visa and absence history
Passport no : xxxxxx


1st visa : 25/02/2003 to 25/02/2006

Absence: 11/11/2004 to 18/11/2004 (6 days )
Absence: 04/07/2005 to 27/7/2005 (22 days )

26/2/2006 TO 2/3/2006 : 5 DAYS OVERSTAY (Not sure about this 5 days becoz i forgot if i applied before 25/2/2006 or not )

2nd visa : 03/3/2006 to 26/2/2007
Absence : 02/4/2006 to 30/4/2006 ( 27 days )
Absence: 03/1/2007 to 05/2 /2007 (32 days )

3rd visa :23/01/2007 to 31/05/2008
Absence: None


4th visa : 28/5/2008 to 26/9/2009
Absence: 19/11/2008 to 08/2/2009 ( 80 days )

> applied for extension 24/9/2009
> 1/10/ 2009 ukba returns my doc for my wrong size photograph
>Applied again (Forget the date )
>07/10/2009 got my acknowledgment letter .
> 22/10/2009 got my BRP.(5th visa )
27/9/2009 TO 6/10/2009 :10 DAYS OVERSTAY


5th visa 23/10/2009 to 30/09/2010

Absence: None


>applied for 6th visa (forgot the date )
> Got acknowledgment letter 14/09/2010
>Got BRP 21/12/2010 (6th visa )

6th visa: BRP 21/12/2010 to 12/10/2013
Absence : None

TOTAL ABSENCE :167 DAYS IN 10 YEARS .
OVERSTAY :15 DAYS
Maxwell wrote:
Maxwell wrote:Hi, great forum.

Please add me to 10 Years ILR Skydrive.

You can add me anywhere, but please add me to this one because I track it:
https://skydrive.live.com/?cid=75f30851 ... 5&authkey=

Date application sent: 1 July
Ask Letter: 9 July
Biometric letter and enrol: 12 July

Now waiting.

Thank you.
Somebody added me to Skydrive. Thanks. But there is a typo in the date of acknowledgement letter in Skydrive. Please correct it, the month and date should be changed, they are placed wrong. It is now 9/7/2013, should be 7/9/2013. Thanks!

Hi mate keeping in view of information which you have provided, you are fine because you have stayed 15days overstayed law 28days ignore , all your application others application were within time limit, your absence less than 180days , near to my understanding you are fine regards Amjad

members
Junior Member
Posts: 97
Joined: Wed Dec 21, 2011 1:47 pm

Post by members » Tue Aug 20, 2013 9:23 am

Damanisshallo wrote:
members wrote:Urgent Help Needed!!

A friend of mine applied for Tier 4 visa and got refused yesterday with right to appeal. He sent his appeal yesterday by fax and ask for a paper based appeal; in other words, he did not chose oral hearing.

He is going to finish his 10 year on 6 October 2013. So he does not have too long for that 10 year to finish. I know he cannot apply for ILR when he has an appeal pending, but if he withdraws appeal when he hit 10 years, he will have no right to stay as soon as the appeal is withdrawn.
Guidance – Long residence and private life @ Page 25 wrote:The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal

A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.

Dear Damanisshallo,

thanks for your interest. I know about this guidance, but I don't know what would be his best option regarding his ILR application. Is it best to send the ILR application so that, even if it would be void, it would be linked to his appal?

asjid73
Junior Member
Posts: 87
Joined: Sat Jul 06, 2013 12:36 pm
Pakistan

Re: Varying Application

Post by asjid73 » Tue Aug 20, 2013 10:44 am

nhbloke wrote:Hi There

I am currently on Tier 2 visa which is expiring on 31 August 2013.
I will be eligible to apply for ILR (10 Yr long residence) on 24 August 2013.
I have received my SAR and everything is OK. No refusals in the last 10 Yrs.

I have made an application for Tier 4 on 19 July 2013 as I wish to study from the end of September 2013. Biometrics were given on 26 July 2013 and STILL WAITING. I was hoping that I would get a decision from UKBA before 24 Aug 13; so that I could immediately apply for ILR.

I am thinking to send my ILR application on 31 Aug 13 and vary my Tier 4 application to ILR if I don't get a decision on my Tier 4 application from UKBA before 31 Aug 13. But according to this document below (page 32)

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

The application date remains the date of the original application and not the date of the variation. My fear is, will UKBA treat 19 July 13 (date of my Tier 4 application) as the application date for my ILR application even if I send my ILR application on or after 24 Aug 13 (the date I become eligible to apply for ILR) and REFUSE my ILR application on the ground that I applied too EARLY?

Can you please advice? Has anyone got any experience of this kind of situation and varying a pending application to ILR application?

Many thanks
on thing i do not understand if your visa was expiring
on 31/08/2013 and you were becoming eligible for ILR on 24/08/2013 why you made tier 4 application and stuck your self in awkward situation.
as for i understand make ILR application asap before your leave expire and instead varying tier 4 application withdraw it as soon HO takes money form your account.
As for i know one person(METRO3) on forum successfully varied his application i varied my tier 1 application on 19/04/13 first application was made Nov 12 HO send me letter on 06/13 asking me which application
i want to take further i replied them my LR application should be considered which i varied from tier 1 application to preserve my right of LR ILR

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

Re: ilr under process

Post by jony_dhaka » Tue Aug 20, 2013 11:09 am

Thankx my brother amjad . :)
amjad wrote: Hi mate keeping in view of information which you have provided, you are fine because you have stayed 15days overstayed law 28days ignore , all your application others application were within time limit, your absence less than 180days , near to my understanding you are fine regards Amjad
Last edited by jony_dhaka on Tue Aug 20, 2013 5:55 pm, edited 1 time in total.

R556
Newbie
Posts: 38
Joined: Fri Mar 22, 2013 10:16 pm

Re: Varying Application

Post by R556 » Tue Aug 20, 2013 1:18 pm

asjid73 wrote:
nhbloke wrote:Hi There

I am currently on Tier 2 visa which is expiring on 31 August 2013.
I will be eligible to apply for ILR (10 Yr long residence) on 24 August 2013.
I have received my SAR and everything is OK. No refusals in the last 10 Yrs.

I have made an application for Tier 4 on 19 July 2013 as I wish to study from the end of September 2013. Biometrics were given on 26 July 2013 and STILL WAITING. I was hoping that I would get a decision from UKBA before 24 Aug 13; so that I could immediately apply for ILR.

I am thinking to send my ILR application on 31 Aug 13 and vary my Tier 4 application to ILR if I don't get a decision on my Tier 4 application from UKBA before 31 Aug 13. But according to this document below (page 32)

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

The application date remains the date of the original application and not the date of the variation. My fear is, will UKBA treat 19 July 13 (date of my Tier 4 application) as the application date for my ILR application even if I send my ILR application on or after 24 Aug 13 (the date I become eligible to apply for ILR) and REFUSE my ILR application on the ground that I applied too EARLY?

Can you please advice? Has anyone got any experience of this kind of situation and varying a pending application to ILR application?

Many thanks
on thing i do not understand if your visa was expiring
on 31/08/2013 and you were becoming eligible for ILR on 24/08/2013 why you made tier 4 application and stuck your self in awkward situation.
as for i understand make ILR application asap before your leave expire and instead varying tier 4 application withdraw it as soon HO takes money form your account.
As for i know one person(METRO3) on forum successfully varied his application i varied my tier 1 application on 19/04/13 first application was made Nov 12 HO send me letter on 06/13 asking me which application
i want to take further i replied them my LR application should be considered which i varied from tier 1 application to preserve my right of LR ILR
Dear asjid73, Home Office asked you to withdraw one application?

zabizabi
Member
Posts: 151
Joined: Sat Mar 16, 2013 7:07 am

Post by zabizabi » Tue Aug 20, 2013 3:10 pm

Hi,
If I use different address for corresponding.what address home office would use for sending biometric card.actually I am applied for jobs out side London and I may move from my current address.i am mentioning my current address as well because of my bank statements.if I use my current address can I change it later with home office.because this process is sometime taking longer.one more do I need to show my 5 years address because I changed my address so many time during this.and application has only two option for address.i would be grateful if u could help me.

R556
Newbie
Posts: 38
Joined: Fri Mar 22, 2013 10:16 pm

Post by R556 » Tue Aug 20, 2013 4:08 pm

zabizabi wrote:Hi,
If I use different address for corresponding.what address home office would use for sending biometric card.actually I am applied for jobs out side London and I may move from my current address.i am mentioning my current address as well because of my bank statements.if I use my current address can I change it later with home office.because this process is sometime taking longer.one more do I need to show my 5 years address because I changed my address so many time during this.and application has only two option for address.i would be grateful if u could help me.
If you are using solicitor, your all correspondence will be through solicitor but if not my advice will be to stick with one address, whatever address you can access and receive your posts and it will be good if this is the same address as written on your current statement. No need to change or show different addresses (I think)

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