10 years long residence applications

[R556]

Has anyone applied and gained ILR on the basis of long residence by post having a shortfall in their qualifying period like a month or so.

Especially with the understanding; that by the time case worker looked into their case they will meet-up the required qualifying period.

Thanks

It is written guidance notes that application must be refused for ILR if it is received more than 28 days before completing the 10 years, however it is not cleared that who should receive the application 28 days before i meant case worker or home office. Based on my own research it refers to the case worker not the home office. When case workers receive applications they write the date and calculate the time from that date so if someone has shortfall of 2-3 months they can still be granted ILR depends when case worker receive application. I heard few cases who were granted ILR whilst they had shortfall of 2-3 months at the time of application. But I'll say here it is not very cleared so won't suggest to make any application if there is shortfall of more than 28 days. Variation is the best option, though it takes normally a bit longer than usual time but a secured way.

[Tobi]

Hi guys,

I'm just preparing my application for ILR and I have discovered that although my applications to home office have always been on time, my visa issue and expiry dates have gaps.
I came in as student (1yr visa) on 20/09/2003 expired 31/10/2004
Another student visa: issue date - 12/11/2004 expired 31/10/2007
IGS visa: issue date - 01/10/2007 expired 28/09/2008
Tier 1 (PSW): issue date - 30/10/2008 expired 28/09/2009
Tier 1 (General): issue date - 19/10/2009 expired 19/10/2012
Tier 1 (General): issue date - 26/09/2012 expires 19/10/2014

Has anyone expirienced this and has it been a problem?

Thanks

[Damanisshallo]

Has anyone expirienced this and has it been a problem

Almost all, every member on this forum who had applied via post in the past had experienced this. Do not worry, it's the date you made your application which counts and not the visa issue date. You'd have been covered by Section 3C during those days which you're mistaken as gaps.

[nazeeer123]

Hi,
Damanisshallo nad gurus please help.

As my application is in process for ILR (10 years basis ), but in the next month visa of my dependants i.e. wife and children will be expiring, therefore they have to apply for their visa extension.

Could you please advice me which type/category of form is valid/correct for them to be applied for their visa extension or further leave to remain in the UK,
thanks in advance

[mirak]

it's not clear to me whether ALL stamps in the passport need to be photocopied, even those which are irrelevant to the application (i.e. trips outside the 10-year period, or trips while already outside the UK).

Only from the date of your first entry into the UK

Thanks R556.

I have another question which I hope someone will be able to help me with. I have some stamps in my passport which are not in English and/or not in Georgian dates (e.g. stamps from Saudi Arabia in Arabic, and in Hijri dates). I can convert the dates, but I'm not sure if I need to provide further evidence (which I don't have anyway!!). Has anyone had a similar experience? How does the HO deal with this?

[rmkirfan]

Dear Gurus & Well-wishers.

Firstly Great Thanks to Forum for incredible Advices which boost up my confidence. By following this,I feel like solicitor to my case

Im eligible for LR in Sep 2013.

I had very critical time in 2007....Please Advice..

My SEGS expiry was on 19/12/2007.
I applied for Tier 2 approval (passport not required) in Mid Nov 2007,As I did not hear anything till 15 dec 2007.I had to send my passport to Tier 2 passport dept before approval (2 days before SEGS expiry). Unfortunately refusal in next week, But passport was sent previous week to HO(Tier2). Now as I knew passport will be back with refusal, In mean time (Cant remember days) I applied for student visa in Jan 2008 with out passport referring HO tier 2 acknowledgement letter.

Later passport is returned with refusal Black stamp dated 14/02/2008 referring SEGS visa page with removal notice.
And In few weeks time, received HO(student visa) letter to submit passport and approved from 01 April 2008 to Dec 2009.

1)Do you think my student application is in time, as my passport was still with Tier 2 HO but expecting refusal?
2)What does refusal stamps refer to or does this effect LR?
3)Gap between 19 Dec 2007 to 30 Mar 2008 was 110 days?

Please suggest ..Your support much appreciated...
Many thanks for your time. Looking forward please...

Irfan

[Damanisshallo]

Hi,
Damanisshallo nad gurus please help.

As my application is in process for ILR (10 years basis ), but in the next month visa of my dependants i.e. wife and children will be expiring, therefore they have to apply for their visa extension.

Could you please advice me which type/category of form is valid/correct for them to be applied for their visa extension or further leave to remain in the UK,
thanks in advance

WRT your partner, you shall consider making a FLR(M) application and with regards to your children, it depends on where they were born? If UK Born then you can skip them as of now and make a MN1 Application to register them as BC if they are born abroad then you can add them as your wife's dependants on her FLR(M).

You can consider using this template.

[nazeeer123]

Hi,
Damanisshallo nad gurus please help.

As my application is in process for ILR (10 years basis ), but in the next month visa of my dependants i.e. wife and children will be expiring, therefore they have to apply for their visa extension.

Could you please advice me which type/category of form is valid/correct for them to be applied for their visa extension or further leave to remain in the UK,
thanks in advance

WRT your partner, you shall consider making a FLR(M) application and with regards to your children, it depends on where they were born? If UK Born then you can skip them as of now and make a MN1 Application to register them as BC if they are born abroad then you can add them as your wife's dependants on her FLR(M).

You can consider using this template.

thank you Damanisshallo
if i use FLRm then i need some more help please.
1-section 2 - 2.1 will i tick on (spouse of person present and settled in Uk and biomatric immigration document).
2- in section 3 - 3.15 ( if your sponsor was not british from birth, when did your sponsor obtain settlement?) what must i write?
3- section 3 - 3.16 (on what basis did your sponsor obtain settlement in uk?) again what to write in this section?.

[R556]

it's not clear to me whether ALL stamps in the passport need to be photocopied, even those which are irrelevant to the application (i.e. trips outside the 10-year period, or trips while already outside the UK).

Only from the date of your first entry into the UK

Thanks R556.

I have another question which I hope someone will be able to help me with. I have some stamps in my passport which are not in English and/or not in Georgian dates (e.g. stamps from Saudi Arabia in Arabic, and in Hijri dates). I can convert the dates, but I'm not sure if I need to provide further evidence (which I don't have anyway!!). Has anyone had a similar experience? How does the HO deal with this?

You can refer the websites in covering letter who show conversion of calenders or can include print out from those websites, also plane tickets or boarding passes if you still have can also be useful.

[Tier 4]

Has anyone applied and gained ILR on the basis of long residence by post having a shortfall in their qualifying period like a month or so.

Especially with the understanding; that by the time case worker looked into their case they will meet-up the required qualifying period.

Thanks

depends on how "shortfall" you are

shortfall of 40 days from the date of entry and 30 from visa start date without subtracting 28 days.

[Tier 4]

It is written guidance notes that application must be refused for ILR if it is received more than 28 days before completing the 10 years, however it is not cleared that who should receive the application 28 days before i meant case worker or home office. Based on my own research it refers to the case worker not the home office. When case workers receive applications they write the date and calculate the time from that date so if someone has shortfall of 2-3 months they can still be granted ILR depends when case worker receive application. I heard few cases who were granted ILR whilst they had shortfall of 2-3 months at the time of application. But I'll say here it is not very cleared so won't suggest to make any application if there is shortfall of more than 28 days. Variation is the best option, though it takes normally a bit longer than usual time but a secured way.

Well it’s pretty clear it’s the application post date that matters, however if someone applies he does cover by 3C leave which does count towards long residence this is actually the tricky part, as I made an enquiry to UKBA and got a reply:

Dear XYZ,

I can confirm that if you submit your application prior to your existing leave expiring you will be covered by the provisions of 3c leave until the date on which the UK Border Agency considers your application. 3c leave will also count towards a qualifying period for 10 years legal residence.

I can also confirm that you are free to vary your application at any point during your period of 3c leave; however I should advise that 3c leave does finish at the moment that we determine your outstanding application.

Regards

Settlement Ops policy
MR

Nevertheless I got a shortfall of 40 days from the date of entry and 30 from visa start date without subtracting 28 days.

Therefore I would love to see some person who had same sort of scenario and have made successful early Set (LR) application.

[Damanisshallo]

1-section 2 - 2.1 will i tick on (spouse of person present and settled in Uk and biomatric immigration document).
Yes
2- in section 3 - 3.15 ( if your sponsor was not british from birth, when did your sponsor obtain settlement?) what must i write?
Awaiting decision (Acknowledgement letter enclosed)
3- section 3 - 3.16 (on what basis did your sponsor obtain settlement in uk?) again what to write in this section?.
Awaiting Decision [Applied under 10 Yr Long Residence]

[Tobi]

Has anyone expirienced this and has it been a problem

Almost all, every member on this forum who had applied via post in the past had experienced this. Do not worry, it's the date you made your application which counts and not the visa issue date. You'd have been covered by Section 3C during those days which you're mistaken as gaps.

Thanks Damanisshallo,

Is the assumption here that Home Office can dig up their archives to confirm my application date for these Visas? Or am I supposed to specify it in a covering letter?

[Damanisshallo]

Is the assumption here that Home Office can dig up their archives to confirm my application date for these Visas? Or am I supposed to specify it in a covering letter?

One solution would've been requesting for SAR from UKBA but then the person dealing with your application would have access to your records anyway, also it usually takes around 40 working days to get them back but I've witnessed people waiting for 5 months just to get a SAR Report. So its completely your choice. (I wouldn't at the verge of making application)

If you strongly believe that you've always made your applications in-time then a covering letter with a Visa Start Date , Expiry Date and Application Posted Dates in a tabular format should serve the purpose.

[Tobi]

If you strongly believe that you've always made your applications in-time then a covering letter with a Visa Start Date , Expiry Date and Application Posted Dates in a tabular format should serve the purpose.

I have always applied on time, never been refused, never had to appeal. I don't have a record of dates I posted my applications, I did not even realise that there were gaps in the dates until I was preparing my ILR application yesterday.
I guess my question is, is there a need to add a covering letter since I don't have all my application posting dates OR would my application be ok without a covering letter?

Thanks

[Damanisshallo]

I guess my question is, is there a need to add a covering letter - NO


since I don't have all my application posting dates OR would my application be ok without a covering letter? - It should be fine.

The thing is, one of my friend did felt that he had no gaps but only realized when his SAR Report came along with a 9 days gap where his payment din't went through.

I believe you've got enough leave as of now (2014). May be you can consider requesting a SAR Report so that you can be 100% confident of the gaps.

On a strict note, No there is no such requirement for a covering letter unless you feel that your letter would put the case worker at ease or clear any confusion just in case.

[shegon2010]

Hi all,

Need some advice on an issue.I have been on tier 4 for the past 9yrs and i will be applying for ILR(10yr) in Oct this year.I have completed my degree programme whilst my tier 4 visa expires next year sept.But my question is can I take up a full time job since I have finished my degree.I was going to apply for a full time job,but I am not sure what my company will say because I am still on the tier 4 visa.

[xshayaanx]

May be we are over-thinking here Damanisshallo. I have been on student visa on 8 years, and 2 years P.S.W. During my student visa days I have always renewed my visa on time. Ofcourse the visa expiry date and the new visa issue dates are always different. Because its UKBA who took all that time processing. As far as I am aware this counts in Section 3. becomes part of your legal stay.
I prob had 5 visa extensions in 8 years and they always took atleast 2 months on average to decide my case for extension.

My application ILR application becomes invalid if I only the days I was in the country where my case was being decided. I had always thought its section 3. when your case is in the process you have the same rights as per your last leave to remain.

Is the assumption here that Home Office can dig up their archives to confirm my application date for these Visas? Or am I supposed to specify it in a covering letter?

One solution would've been requesting for SAR from UKBA but then the person dealing with your application would have access to your records anyway, also it usually takes around 40 working days to get them back but I've witnessed people waiting for 5 months just to get a SAR Report. So its completely your choice. (I wouldn't at the verge of making application)

If you strongly believe that you've always made your applications in-time then a covering letter with a Visa Start Date , Expiry Date and Application Posted Dates in a tabular format should serve the purpose.

[rmkirfan]

Dear Damanisshallo,Gurus & Well-wishers.

Firstly Great Thanks to Forum for incredible Advices which boost up my confidence.

Im eligible for LR in Sep 2013.

I had very critical time in 2007....Please Advice..

My SEGS expiry was on 19/12/2007.
I applied for Tier 2 approval (passport not required) in Mid Nov 2007,As I did not hear anything till 15 dec 2007.I had to send my passport to Tier 2 passport dept before approval (2 days before SEGS expiry). Unfortunately refusal in next week, But passport was sent previous week to HO(Tier2). Now as I knew passport will be back with refusal, In mean time (Cant remember days) I applied for student visa in Jan 2008 with out passport referring HO tier 2 acknowledgement letter.

Later passport is returned with refusal Black stamp dated 14/02/2008 referring SEGS visa page with removal notice.
And In few weeks time, received HO(student visa) letter to submit passport and approved from 01 April 2008 to Dec 2009.

1)Do you think my student application is in time, as my passport was still with Tier 2 HO but expecting refusal?
2)What does refusal stamps refer to or does this effect LR?
3)Gap between 19 Dec 2007 to 30 Mar 2008 was 110 days?

Please suggest ..Your support much appreciated...
Many thanks for your time. Looking forward please...

Irfan

Please Advice

[R556]

Hi all,

Need some advice on an issue.I have been on tier 4 for the past 9yrs and i will be applying for ILR(10yr) in Oct this year.I have completed my degree programme whilst my tier 4 visa expires next year sept.But my question is can I take up a full time job since I have finished my degree.I was going to apply for a full time job,but I am not sure what my company will say because I am still on the tier 4 visa.

You can't work full time on the basis of your Tier 4 (unless you were last granted one year work permit on the basis of PhD). If you want to apply for full time job you need to ask your company to give you a sponsorship letter so you can apply to change your Tier 4 status. If you submit your ILR application in October with Tier 4 as a last granted leave then still you need to wait to work full time till you receive a decision in your favour.

[shegon2010]

Hi all,

Need some advice on an issue.I have been on tier 4 for the past 9yrs and i will be applying for ILR(10yr) in Oct this year.I have completed my degree programme whilst my tier 4 visa expires next year sept.But my question is can I take up a full time job since I have finished my degree.I was going to apply for a full time job,but I am not sure what my company will say because I am still on the tier 4 visa.

You can't work full time on the basis of your Tier 4 (unless you were last granted one year work permit on the basis of PhD). If you want to apply for full time job you need to ask your company to give you a sponsorship letter so you can apply to change your Tier 4 status. If you submit your ILR application in October with Tier 4 as a last granted leave then still you need to wait to work full time till you receive a decision in your favour.

[shegon2010]

Hi all,

Need some advice on an issue.I have been on tier 4 for the past 9yrs and i will be applying for ILR(10yr) in Oct this year.I have completed my degree programme whilst my tier 4 visa expires next year sept.But my question is can I take up a full time job since I have finished my degree.I was going to apply for a full time job,but I am not sure what my company will say because I am still on the tier 4 visa.

You can't work full time on the basis of your Tier 4 (unless you were last granted one year work permit on the basis of PhD). If you want to apply for full time job you need to ask your company to give you a sponsorship letter so you can apply to change your Tier 4 status. If you submit your ILR application in October with Tier 4 as a last granted leave then still you need to wait to work full time till you receive a decision in your favour.

thank you for the advice.Just thought since since HO says that one can work on a full time basis on the completion of the course of study and in which case was mine.Anyway,will not risk it.Will wait till i apply and get my decision

[Soban]

It is written guidance notes that application must be refused for ILR if it is received more than 28 days before completing the 10 years, however it is not cleared that who should receive the application 28 days before i meant case worker or home office. Based on my own research it refers to the case worker not the home office. When case workers receive applications they write the date and calculate the time from that date so if someone has shortfall of 2-3 months they can still be granted ILR depends when case worker receive application. I heard few cases who were granted ILR whilst they had shortfall of 2-3 months at the time of application. But I'll say here it is not very cleared so won't suggest to make any application if there is shortfall of more than 28 days. Variation is the best option, though it takes normally a bit longer than usual time but a secured way.

Well it’s pretty clear it’s the application post date that matters, however if someone applies he does cover by 3C leave which does count towards long residence this is actually the tricky part, as I made an enquiry to UKBA and got a reply:

Dear XYZ,

I can confirm that if you submit your application prior to your existing leave expiring you will be covered by the provisions of 3c leave until the date on which the UK Border Agency considers your application. 3c leave will also count towards a qualifying period for 10 years legal residence.

I can also confirm that you are free to vary your application at any point during your period of 3c leave; however I should advise that 3c leave does finish at the moment that we determine your outstanding application.

Regards

Settlement Ops policy
MR

Nevertheless I got a shortfall of 40 days from the date of entry and 30 from visa start date without subtracting 28 days.

Therefore I would love to see some person who had same sort of scenario and have made successful early Set (LR) application.

I had a shortfall of 47 days so I submitted a FLRO application before the expiration of my visa and then varied it 28 days before the anniversary of my 10 years in the uk.

Still waiting to hear from HO

[rajiv.80]

I mean no disrespect Malik but i think you should be more worry about your english grammar skills .

Hello to all senior members
I had applied last week my ILR on SET(LR) and also applied for my wife FLR(M) along as her visa was expiring as well but i am bit worried she was sent her biometric invite with in a week but i am still waiting although i have sent a request letter to uphold her application but still they sent her Biometric letter straight away.

i am worried they might decide her application straight away(which can only be refusal) while my application is still not concluded?? do i really need to worry or should i send another letter requesting uphold of her application ??
plz advice me regarding this
regards

Jony Dhaka:
This forum has been created to assist each others rather than showing English language expertise. To be honest I cant find any flaw in his query and as long as we understand each others view its more than enough irrespective of any language flaw.
This is basically an informal discussion so chances of errors can not be ruled out.
No offense but I would suggest you to please help others and if you cant then stay quite instead of posting irrelevant, contentious and sarcastic messages.
Thanks

. I totally agree with arsal. Yes mr jonny pls keep out of posting things which are not relevant of this foram or pls keep quiet that will be helpful for all of us. This forum is not for making jokes of this is not facebook. Tnx

[R556]

Dear Damanisshallo,Gurus & Well-wishers.

Firstly Great Thanks to Forum for incredible Advices which boost up my confidence.

Im eligible for LR in Sep 2013.

I had very critical time in 2007....Please Advice..

My SEGS expiry was on 19/12/2007.
I applied for Tier 2 approval (passport not required) in Mid Nov 2007,As I did not hear anything till 15 dec 2007.I had to send my passport to Tier 2 passport dept before approval (2 days before SEGS expiry). Unfortunately refusal in next week, But passport was sent previous week to HO(Tier2). Now as I knew passport will be back with refusal, In mean time (Cant remember days) I applied for student visa in Jan 2008 with out passport referring HO tier 2 acknowledgement letter.

Later passport is returned with refusal Black stamp dated 14/02/2008 referring SEGS visa page with removal notice.
And In few weeks time, received HO(student visa) letter to submit passport and approved from 01 April 2008 to Dec 2009.

1)Do you think my student application is in time, as my passport was still with Tier 2 HO but expecting refusal?
2)What does refusal stamps refer to or does this effect LR?
3)Gap between 19 Dec 2007 to 30 Mar 2008 was 110 days?

Please suggest ..Your support much appreciated...
Many thanks for your time. Looking forward please...

Irfan

Please Advice

Did they give you any right for appeal at the time you received refusal letter for your tier 2 application?