ILR eligibility

[moon1010]

Hi,

Just want to know that what date i'll be eligible for ILR on the basis of 10 years. I came to UK on student visa on 15-01-2004 and currently my tier 1 entrepreneur application is under process. Can i eligible for ILR now or do i need to wait till 15-01-2014 to apply for ILR.

some one guide me with ref plz

[VR]

moon1010,

The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here.

A person who has completed 10 years continuous and lawful residence in the UK can apply for indefinite leave to remain (ILR) on this basis. For the purposes of ILR under 10 years long residence category, the residence in the UK must be both continuous and lawful.

Requirements for long residence

The applicant must meet the following requirements, in order to be granted indefinite leave:

The applicant must have at least 10 years lawful residence in the UK.
There must be no reason why granting leave is against the public good.
The applicant must meet the knowledge of language and life requirement.
The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
Continuous residence is defined in paragraph 276A of the Immigration Rules. Continuous residence means residence in the UK for an unbroken period. For the purposes of long residence, a period is not considered broken if the applicant:

was absent from the UK for six months or less at any one time, and
had existing leave to enter or remain upon their departure and return.
Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:

existing leave to enter or remain
temporary admission within section 11 of the 1971 Immigration Act where leave to enter or remain is subsequently granted
an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

Events that break continuous residence

Continuous residence is considered to be broken if the applicant has:

been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
been removed or deported from the UK, or has left the UK following refusal of leave to enter or remain
left the UK and by doing so, showed a clear intention not to return
left the UK under circumstances in which they could have no real chance of returning to the UK lawfully
been convicted of an offence and been given a custodial sentence, or ordered to be detained in an institution other than a prison, such as a hospital or young offenders institute, not including suspended sentences
spent a total of 18 months outside the UK throughout the whole 10 year period.

Discretion for breaks in lawful residence

It may be appropriate for the UKBA to use discretion if an applicant:

has short gap in lawful residence through making previous applications out of time by no more than 28 calendar days, and
meets all the other requirements for lawful residence.

Here is the link for the form

http://www.ukba.homeoffice.gov.uk/sitec ... formlr.pdf

Good luck
vr

[moon1010]

moon1010,

The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here.

A person who has completed 10 years continuous and lawful residence in the UK can apply for indefinite leave to remain (ILR) on this basis. For the purposes of ILR under 10 years long residence category, the residence in the UK must be both continuous and lawful.

Requirements for long residence

The applicant must meet the following requirements, in order to be granted indefinite leave:

The applicant must have at least 10 years lawful residence in the UK.
There must be no reason why granting leave is against the public good.
The applicant must meet the knowledge of language and life requirement.
The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
Continuous residence is defined in paragraph 276A of the Immigration Rules. Continuous residence means residence in the UK for an unbroken period. For the purposes of long residence, a period is not considered broken if the applicant:

was absent from the UK for six months or less at any one time, and
had existing leave to enter or remain upon their departure and return.
Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:

existing leave to enter or remain
temporary admission within section 11 of the 1971 Immigration Act where leave to enter or remain is subsequently granted
an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

Events that break continuous residence

Continuous residence is considered to be broken if the applicant has:

been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
been removed or deported from the UK, or has left the UK following refusal of leave to enter or remain
left the UK and by doing so, showed a clear intention not to return
left the UK under circumstances in which they could have no real chance of returning to the UK lawfully
been convicted of an offence and been given a custodial sentence, or ordered to be detained in an institution other than a prison, such as a hospital or young offenders institute, not including suspended sentences
spent a total of 18 months outside the UK throughout the whole 10 year period.

Discretion for breaks in lawful residence

It may be appropriate for the UKBA to use discretion if an applicant:

has short gap in lawful residence through making previous applications out of time by no more than 28 calendar days, and
meets all the other requirements for lawful residence.

Here is the link for the form

http://www.ukba.homeoffice.gov.uk/sitec ... formlr.pdf

Good luck
vr

thank vr for your brief reply.

1 more question plz.

can i not apply 28 days before completing 10 years coz i read on different post here applicant can eligible 28 days before completing 10 years but my problem is that I don't hv visa my visa is under process so m i eligible to apply now for ILR?

plz explain

[VR]

moon1010,

You can apply on completion of 9 years and 11 months.(Generally 28 days prior to the 10yr limit).

Apply straight away. They are notorious for bringing in rule changes. And now their decisions cannot be questioned.

Cheers
vr

[moon1010]

moon1010,

You can apply on completion of 9 years and 11 months.(Generally 28 days prior to the 10yr limit).

Apply straight away. They are notorious for bringing in rule changes. And now their decisions cannot be questioned.

Cheers
vr

Thank u very much.

if u don't mind can u provide me any link for ref plz. where i can see any one who's application is already under process can apply 28 days b4 completing 10 years coz i never found that. i found every where that if u completed 10 years or u can apply 28 days b4 completing 10 years for new application but not found any pending application for 28 days. i hope u understand what im trying to say.

[VR]

moon1010,

I know this for a fact because an old friend in Birmingham applied through this route successfully.

Also earlier when I was rummaging through the UKBA website,I found this on there.

Take it 199% and go ahead.
cheers
vr

[VR]

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

Check Page 15 of 67 Guidance – Long residence and private life – version 11.0 Valid from 11 November 2013

[moon1010]

moon1010,

I know this for a fact because an old friend in Birmingham applied through this route successfully.

Also earlier when I was rummaging through the UKBA website,I found this on there.

Take it 199% and go ahead.
cheers
vr

ok i believe u thank alot.

1 last thing.

can i submit my form SET(LR) and my dependent form FLR(M) together in one envelop. just asking coz on both forms postage address are different .

im asking this coz of this "Page 33 of 63 Guidance – Specified application forms and procedures – version 11.0 Valid from 03 October 2013"

"A variation of a dependant’s application is only valid if they were included on the original application. If they were not included on the original application, you must advise the dependant to make a separate application and to pay the relevant fee."


plz guide me. thanks

[VR]

They are notorious for misplacing stuff. Separate tracked applications are always better. You can see the link for the 28 day rule.
cheers
vr

[moon1010]

They are notorious for misplacing stuff. Separate tracked applications are always better. You can see the link for the 28 day rule.
cheers
vr

yes i read that was just confused that might be only for new application. thanks for clarification.

1 envelop or separate for both i m asking coz of this para

Page 33 of 63 Guidance – Specified application forms and procedures – version 11.0 Valid from 03 October 2013

"A variation of a dependant’s application is only valid if they were included on the original application. If they were not included on the original application, you must advise the dependant to make a separate application and to pay the relevant fee."

plz guide me. thanks

[VR]

You need to first switch to FLR(M) and then board ILR. IMHO, Hence it will make sense to send separate envelopes. Others who have done it may want to share their opinion.
cheers
vr

IMPORTANT: IN the dependants' FLR(M) attach a covering letter and clearly mention or point to the main applicant's application for ILR(LR) so that they can link up and tag.

[moon1010]

You need to first switch to FLR(M) and then board ILR. IMHO, Hence it will make sense to send separate envelopes. Others who have done it may want to share their opinion.
cheers
vr

IMPORTANT: IN the dependants' FLR(M) attach a covering letter and clearly mention or point to the main applicant's application for ILR(LR) so that they can link up and tag.

thank 4 ur help