Few months to ILR 10 years route

[Great77]

Please I need an answers to these questions? My PSW visa will expire December 20th 2013, by that time, It will be 10 months remaining to obtain ILR for 10 years legal route.

However, I have not switched from my current visa status. I came into this country at the age of 22 on October 19th with 2004, as that time my mum was my sponsor and she had ILR since 2002 and now a British Citizen. She has retired from work in 2009 (age now is 71 years), and so am thinking can I apply based on humanitarian ground and also my continuous stay in the UK for 9 years and 2 months.

I have not been outside the UK for that 9 years and 2 months. In addition, I cannot switch to student visa because of cap of 8 years on studies.


1. Should I apply for SET(O) based on relationship with mother and let the case go until 10 years? By then if my case has not been decided, I can vary my application with SET (LR)


2. Can I apply using SET (F) instead applying as dependant of my mum but who has retired, though I am above 18 years old.


3. Can I continue to work with my company if I post my application before expiry date, or even get another job while my application is pending? The company am working with has licence to sponsor, but are not sure what to do they said the job is on European level and the way they advertised the job is for EU. I was saying since am on PSW does not matter. Now they still thinking what to do. I have a contract till June 2014 with them.
Please any other suggestion would be appreciated.

[Great77]

Any response please. But I have put every info you might need. Your thought or advice is highly appreciated.

[Amber]

You could apply FLR(O) and hope that processing takes many months (as it usually does) and then vary to SET(LR) 28 days before your 10 years completes. If you are entitled to work that will continue whilst an in time application is decided.

[Great77]

You could apply FLR(O) and hope that processing takes many months (as it usually does) and then vary to SET(LR) 28 days before your 10 years completes. If you are entitled to work that will continue whilst an in time application is decided.

Thank you for your response. Under which category should I apply for FLR (O) should I say private life in UK or other reasons. what are those things to explain based on this application.

Cheers

[Amber]

You don't appear to meet the UKBA's restrictive interpretation of private life (276ADE) or Exception 1. Though, that doesn't mean you can't fit inside other and argue family life and LOTR.

[Great77]

You don't appear to meet the UKBA's restrictive interpretation of private life (276ADE) or Exception 1. Though, that doesn't mean you can't fit inside other and argue family life and LOTR.

Thank you so much.

You are absolute right about the private life because of recent changes to their rules based on private life. In that application, should I add character reference letter from other people. In addition, I tried to apply for ILR before 2 years ago was refused without no appeal. Please am thinking I should use set (O), but wht is the difference between set (o) and FLR (O).

[Great77]

Hi D4109125,

Please should I use solicitor regarding this application FLR (O)?

Can I still vary this application with TIER 2 when the FLR (O) is in progress? Though the visa would have expired.

Thanks,

Michael

You don't appear to meet the UKBA's restrictive interpretation of private life (276ADE) or Exception 1. Though, that doesn't mean you can't fit inside other and argue family life and LOTR.

[Amber]

Yes you can vary a valid in-time application.

[Amber]

Yes you can vary a valid in-time application. See the Guidance (click) at page 32.

[Great77]

Thanks so much D4109125. Do you think solicitor makes the case more stronger if I can use one. Or what do you think?

[Great77]

Hi D4109125,

Please I need this urgent response, I met a solicitor to apply for FLR (O) today and she said that if application is refused before I reach ten years in October, that during the in time appeal is not going to be counted as 10 years legal leave to remain. I was surprised with that, and that is not accurate. Please is she saying the right thing that appeal time application will not be counted as continue leave to remain to add to my ten years?

Thanks,

Hi D4109125,

Please should I use solicitor regarding this application FLR (O)?

Can I still vary this application with TIER 2 when the FLR (O) is in progress? Though the visa would have expired.

Thanks,

Michael

You don't appear to meet the UKBA's restrictive interpretation of private life (276ADE) or Exception 1. Though, that doesn't mean you can't fit inside other and argue family life and LOTR.

[cvh]

Hi D4109125,

Please I need this urgent response, I met a solicitor to apply for FLR (O) today and she said that if application is refused before I reach ten years in October, that during the in time appeal is not going to be counted as 10 years legal leave to remain. I was surprised with that, and that is not accurate. Please is she saying the right thing that appeal time application will not be counted as continue leave to remain to add to my ten years?

Thanks,

Technically, the leave is "treated as continuing".
Please read the link. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Great77]

Thank you CVH.
I am concern about this lawyer, and I think she is a junior lawyer and she want to charge me £800. I am thinking doing this myself, but because of my workplace that want proof I have applied to UKBA and so a solicitor backing might be needed. Please what do you think CVH?

[cvh]

Thank you CVH.
I am concern about this lawyer, and I think she is a junior lawyer and she want to charge me £800. I am thinking doing this myself, but because of my workplace that want proof I have applied to UKBA and so a solicitor backing might be needed. Please what do you think CVH?

I don't think so. You can apply yourself and your employer can contact the home office employer checking service to confirm whether you are eligible to work.

[Great77]

Thank you so much for your quick response. If I apply myself, will the reference number on the acknowledgment letter be sufficient enough to confirm eligibility to work. I thought that reference number is different to the one in biometric.

[vinny]

I am about to send my application for FLR (O) in 2 days time. I chose other reason as basis of my application. Since I have tie with my mother in UK and 2 siblings in Republic of Ireland. I have been in UK for 9 years and 2 months reasonably and I have not been to my home country since then. My questions are:

1. Can I apply using other reason in the form FLR (O)? or am choosing the wrong category. I am not married and no partner at the moment.

2. Is this the correct form to use? : http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

3. In one of the reason, I gave evidence of working with a company and the contract is running until next year May 2014 with payslip. Is it also realistic concerning this point to further extend my leave.

4. Since I will post my application before my leave remain, is it very sure to get right of appeal in order to maintain continuous legal stay in this country.

5. My employer wants acknowledgment letter, should I use a lawyer or solicitor for this application in case they are demanding the acknowledgement letter?


Urgent response is highly appreciated. I came in October 19th 2004, and by next year, I would be 10 years. Currently am on PSW.

Thank you

[Great77]

Thanks Vinny. Any suggestion on these?

[vinny]

Can I still vary this application with TIER 2 when the FLR (O) is in progress? Though the visa would have expired.

Yes. Tier 2, if possible, may be better than FLR(O).

[Great77]

Vinny,

Please just to be sure I chose other reasons in the form flr(o). Is that the best category for me concerning my case? I also give them my employment contract letter that runs till May 2014 explaining my job.

I will post it soon. Your response is appreciated.

[Great77]

Vinny,

I posted the application on Friday last week, and they received it on Monday. The employer still wants the evidence from UKBA. What should I do if I want to get my acknowledgement letter ASAP. Is there a way to contact them? Any suggestion? They said I have to leave and they will wait till I bring the evidence from UKBA.

Thank you for your help.

Can I still vary this application with TIER 2 when the FLR (O) is in progress? Though the visa would have expired.

Yes. Tier 2, if possible, may be better than FLR(O).

[vinny]

Your leave is "treated as continuing", if you submitted a valid in-time application, under Section 3C/3D. However, a problem is that the UKBA may be unable to confirm your right to work.

[Great77]

Thanks Vinny. But will the acknowledgement letter be sufficient for evidence? Can UKBA still use that letter to confirm eligibility if employer wants to verify.

Thank you.

[Amber]

Your employer should use the employer checking service (click).

[Great77]

Thanks Amber and Vinny. My acknowledgment letter and invitation for biometric arrived quickly. Can my Employer use the employer checking service using the reference number of the Biometric? Does receiving the biometric indicates that my details are in the system regarding intime application. Please this is very urgent and also was surprised that these documents arrived so quick. In the flr (o) form, I provided that I was still working on a contract till April 2014. Can they consider that during the decision? Thank you

Your employer should use the employer checking service (click).