10 years long residence applications

[bb2012]

Hi dypstar

Could you please confirm, what was the visa start date of extension, was that 9 dec 2004?

Thanks

I have been a silent reader of this board for some time now.

My ILR application was refused.
Time line:
Application Sent: 28 August 2003
Biometric: 16 Sept 2003
Refusal letter: 02 January 2014

My first entry visa was valid from 1 Sept 2003 to 31 Oct 2004. I applied for renewal on 30th Oct 2004 (a day before expiration) which was granted on 9 Dec 2004.

The only reason for refusal was that I submitted out of time application which wasn't actually the case. The visa on my passport clearly shows 31 Oct as the expiry date but the case worker didn't bother to check my visa page and just assumed that the visa expired on 1 Oct 2003!

Has anyone experienced this kind of mistake from HO?

I will appreciate any advice on how to get this resolve. HO email addresses, phone numbers etc will be appreciated.

Sorry to hear about your refusal, it must be terrible to wait so long only to be disappointed like this.

Could you clarify a few things please, as it wasn't immediately clear from your post-

1) Did the Home Office specifically state that you have been refused on the basis of an out of time application? and if so did they particularly state the first renewal that you mentioned above in your post?

2) You say the case worker assumed your visa expired on 1st Oct 2003, is that a typo.. assume you meant 1st Oct 2004?

3) Did you apply for a SAR file before your submitted your visa application?

4) What was your visa history? ie Student visa, PSW visa, Tier 1/2 visa etc

Cheers
Nik

Thanks for your response

1. It is not a typo, HO specifically stated that I was refused based on out of time application (30 days). The refusal letter stated that my visa expired on 1 Oct 2004 whereas the expiry date on my passport was 31 Oct 2004. I just don't know where they found 1 Oct.

2. I did not apply for SAR before submission

3. 5 years student; 2 years PSW, 3 years Tier 2 General (expires in 2016 -renewed a month before ILR application)

Thank you

[dypstar]

Hi dypstar

Could you please confirm, what was the visa start date of extension, was that 9 dec 2004?

Thanks

Thanks for your response

1. It is not a typo, HO specifically stated that I was refused based on out of time application (30 days). The refusal letter stated that my visa expired on 1 Oct 2004 whereas the expiry date on my passport was 31 Oct 2004. I just don't know where they found 1 Oct.

2. I did not apply for SAR before submission

3. 5 years student; 2 years PSW, 3 years Tier 2 General (expires in 2016 -renewed a month before ILR application)

Thank you

Yes, the start date of the extension was 9 Dec 2004.

Thanks

[wowboy]

Thanks for your response

1. It is not a typo, HO specifically stated that I was refused based on out of time application (30 days). The refusal letter stated that my visa expired on 1 Oct 2004 whereas the expiry date on my passport was 31 Oct 2004. I just don't know where they found 1 Oct.

2. I did not apply for SAR before submission

3. 5 years student; 2 years PSW, 3 years Tier 2 General (expires in 2016 -renewed a month before ILR application)

Thank you[/quote][/quote][/quote]

Yes, the start date of the extension was 9 Dec 2004.

Thanks[/quote]


Hi,

If your visa expiry was 31Oct 2004 and you applied 30th oct 2004 there isnt overstaying here.
Clearly Case Worker dealt with your case with gross negligence.(im guessing it was human error where 31st looked to him/her 1st and was quick to jump on conclusions) I'd call HO and seek explanation and sure they would acknowledge as soon as they realise the mistake by them .
I know most of the times the helpline 08706067766 have limited source and help but wouldn't hurt calling and trying.
And then I'd write a Letter to UKBA providing with evidences. I understand they are punctual on responding in writing.

And in the end try above mention process MP,appeal solicitor (hopefully it wont go that far).

Im awaiting my ILR decision and have same situation as well. During my 10 years once my application to extend came as invalid (one document was missing) I included required docs and re-send application ontime with 1 day left for current visa to expiry. Hopefully my case is not being dealt with such case worker.

This is really really disgraceful that UKBA deal with application in such manner not mentioning fees and time waiting.

Good Luck Dypstar.

[Shogun75]

Thanks for your response

1. It is not a typo, HO specifically stated that I was refused based on out of time application (30 days). The refusal letter stated that my visa expired on 1 Oct 2004 whereas the expiry date on my passport was 31 Oct 2004. I just don't know where they found 1 Oct.

2. I did not apply for SAR before submission

3. 5 years student; 2 years PSW, 3 years Tier 2 General (expires in 2016 -renewed a month before ILR application)

Thank you

Hy Dypstar,

This is an obvious error!

I suggest you write to the Case worker ASAP by Special Delivery requesting a reconsideration by pointing to the evidence of their own mistake. They will most likely withdraw the decision and grant you ILR. The HO will not waste time, money or resources argueing in the First Tier Tribunal that such decision was lawful. Unless, they really don't want to grant you ILR and in such case they'll try finding other reasons to substantiate a refusal.

If you request a reconsideraton you will get a quick answer by next fortnight but the HO can come up with new grounds for refusal. If you decide to appeal, it will take many months for the hearing but I believe the HO wouldn't turn up at the hearing and the Judge will probably take 5 minute to decide.

All the best!

[esmsi]

Everything is fine except waiting.

Why they have not started September yet?

Happy New Year 2014

Happy New Year esmsi, hope you had a good Christmas.

[britbanker]

Thanks for your response

1. It is not a typo, HO specifically stated that I was refused based on out of time application (30 days). The refusal letter stated that my visa expired on 1 Oct 2004 whereas the expiry date on my passport was 31 Oct 2004. I just don't know where they found 1 Oct.

2. I did not apply for SAR before submission

3. 5 years student; 2 years PSW, 3 years Tier 2 General (expires in 2016 -renewed a month before ILR application)

Thank you

As mentioned my many others on this thread, you have definitely been a victim of gross negligence based on the information you have provided us, on this basis you have grounds for appeal. I actually just mentioned your situation to our corporate immigration team and they suggested you get in touch with a solicitor and lodge an appeal immediately.

However, writing to your case worker or calling up the home office helpine as a first step wouldn't be such a bad idea. Atleast you have a valid visa until 2016, so you aren't in danger of having to leave the country.

Really sorry once again that you have to go through this, I hope you manage to sort it quickly and get the freedom that you clearly deserve.

[yenshiu]

Finally it arrived...i got my approval letter on 07 january 2014 dated 06 january 2014...BRP still waiting..

[ppycrmt]

For 10 years long residency, it is SET(LR). SET(O) applications are for for applicants applying before April 2013.

Hello Everyone

quick question for 10 Years Long Residency witch form should I be filling ? if SET O , should i fill the income part also ?

[ppycrmt]

I am still waiting for mine (August applicants), just wish they will speed things up a bit.

Everything is fine except waiting.

Why they have not started September yet?

Happy New Year 2014

Happy New Year esmsi, hope you had a good Christmas.

[flowercup]

This post has been extremely helpful and a great comfort during the long 5 months wait.
My ILR has been approved with timeline as shown below:

application sent : 28 August 2013
Ack letter : 30 August 2013
Bio invitation : 20 September 2013
biometric done : 25th September 2013
ILR approved: 7 January 2014
ILR + Passports received: 8 January 2014
BRP: Awaiting

Good luck to everyone who's still waiting!

[smileybee]

Good news, just received my biometric invitation today.

Sent out application on 10th of December.
Received acknowledgement letter on 20th December.
Received biometric invitation letter today: 08/01/2014

Will do biometric tomorrow and hope to get my ilr ASAP... Gonna be a long wait :s

[shoumeshd]

application send:29th august 2013
bio done :15th September
passport /doc received : 7th January 2014( issued 4th January)
BRP received :8th January 2014

no solicitor. (immigrationboards.com saved my £1000 + vat solicitor fee!!)
i have only send passport /BRP and LIUk doc and a cover letter.
5.5 years student+4.5 years tier 1 general

GOD bless immigration boards and its moderators . and i am also thanking its members .

[Tobi]

With great gratitude to the Almighty God, I want to report that I collected my passport at the post office on 8th Jan.

Thank you to all the members of this forum and the moderators and the person that created the spreadsheet. This forum has been a useful source of encouragement to me throughout the waiting period.

My timeline is updated with all details in skydrive.

For all those this waiting, stay strong, try not to worry too much, it will all come together in God's time.

[tanzeelkhan19]

Hi Ladies/Gents

First of all I apologise if my question has been answered before,I have searched through most of the pages relevant pages but sadly couldn't find a comprehensive answer. OK so here is my situation, I applied for Tier 1 (Entrepreneur) in Oct 2011 after my graduation which was refused in Jan 2012, I was given a right to appeal which was partially accepted in March 2012 ( the outcome of appeal states that ''the appeal has been successful to some extant however the home office must review the existing application''). Since then the application is pending for a review for almost two years. My 10 years long residency period will be completed at the end of March 2014. My question is am I eligible to apply for long term residency in first week of March 2014 ? do I need extra documents in regards to support my old application(except life in UK test) or it would be fresh ILR application ? Also my passport has been expired few months ago but my consulate wont renew my passport as they would need a valid visa after introducing new rules for passport renewal. Lastly I have never been convicted but appeared in court twice, once about the penalty charges on TV licence which is dismissed in my favour by local court and 2nd about refusal of my on going Tier 1 Entrepreneur which as I stated above has been successful in my favour to some extant, would these two points effect my long term residency application ? Sorry for the long question but I wanted to be as detailed as I could. I would really appreciated any healthy advice from knowledgeable folks out there.
Thank you and kinds Regards
Tanzeel

[raaz0800]

Hi Ladies/Gents

First of all I apologise if my question has been answered before,I have searched through most of the pages relevant pages but sadly couldn't find a comprehensive answer. OK so here is my situation, I applied for Tier 1 (Entrepreneur) in Oct 2011 after my graduation which was refused in Jan 2012, I was given a right to appeal which was partially accepted in March 2012 ( the outcome of appeal states that ''the appeal has been successful to some extant however the home office must review the existing application''). Since then the application is pending for a review for almost two years. My 10 years long residency period will be completed at the end of March 2014. My question is am I eligible to apply for long term residency in first week of March 2014 ? do I need extra documents in regards to support my old application(except life in UK test) or it would be fresh ILR application ? Also my passport has been expired few months ago but my consulate wont renew my passport as they would need a valid visa after introducing new rules for passport renewal. Lastly I have never been convicted but appeared in court twice, once about the penalty charges on TV licence which is dismissed in my favour by local court and 2nd about refusal of my on going Tier 1 Entrepreneur which as I stated above has been successful in my favour to some extant, would these two points effect my long term residency application ? Sorry for the long question but I wanted to be as detailed as I could. I would really appreciated any healthy advice from knowledgeable folks out there.
Thank you and kinds Regards
Tanzeel

Yes you can apply for long residence basis.I think you need to send some extra documentation as well . normally three passport and life in the uk test. I don't think these two points yyou mentioned would effect .For passport which is expired you need to explain to home office by including covering letter and after getting your ILR Inshallah you need to endorse your visa on new passport which will cost you some money.This us only my point of view not legal advice.
Raaz

[T1V]

I have been a silent reader of this board for some time now.

My ILR application was refused.
Time line:
Application Sent: 28 August 2003
Biometric: 16 Sept 2003
Refusal letter: 02 January 2014

My first entry visa was valid from 1 Sept 2003 to 31 Oct 2004. I applied for renewal on 30th Oct 2004 (a day before expiration) which was granted on 9 Dec 2004.

The only reason for refusal was that I submitted out of time application which wasn't actually the case. The visa on my passport clearly shows 31 Oct as the expiry date but the case worker didn't bother to check my visa page and just assumed that the visa expired on 1 Oct 2003!

Has anyone experienced this kind of mistake from HO?

I will appreciate any advice on how to get this resolve. HO email addresses, phone numbers etc will be appreciated.

Sorry to hear about your refusal, it must be terrible to wait so long only to be disappointed like this.

Could you clarify a few things please, as it wasn't immediately clear from your post-

1) Did the Home Office specifically state that you have been refused on the basis of an out of time application? and if so did they particularly state the first renewal that you mentioned above in your post?

2) You say the case worker assumed your visa expired on 1st Oct 2003, is that a typo.. assume you meant 1st Oct 2004?

3) Did you apply for a SAR file before your submitted your visa application?

4) What was your visa history? ie Student visa, PSW visa, Tier 1/2 visa etc

Cheers
Nik

Dear Experts,

Looking at Dypstar's issue, it seems to me that the CW's dont look at HO records for the applicant and merely rely on the information provided by the applicant? I have a similar situation:

I have applied for ILR under 10 years and awaiting response. One of my visa extensions took HO just under 5 months to decide. My previous visa expired on 31st Oct, I made an application for extension on 26th Oct and the new visa was issued on following 12th March. So on my passports there is a big gap but the application was obviously made in time and before current leave expired. I havent included any cover letter in my application to explain this as I thought all this information would be with HO, but would you think that CW would check HO records to work out that there isnt any gap?

Please Advise.

T1V

[naumanch]

I got my approval letter today could any one pl update. Send on 27 august bio don 16 sep recived 9th january dated 7th january.thankx to every one such a nice forum goodluck to all how are waiting.

[Spatacus]

application send:29th august 2013
bio done :15th September
passport /doc received : 7th January 2014( issued 4th January)
BRP received :8th January 2014

no solicitor. (immigrationboards.com saved my £1000 + vat solicitor fee!!)
i have only send passport /BRP and LIUk doc and a cover letter.
5.5 years student+4.5 years tier 1 general

GOD bless immigration boards and its moderators . and i am also thanking its members .

Congratulations shoumeshd on your ILR approval and success. You are now free from immigration restrictions.

[Spatacus]

Hi Ladies/Gents

First of all I apologise if my question has been answered before,I have searched through most of the pages relevant pages but sadly couldn't find a comprehensive answer. OK so here is my situation, I applied for Tier 1 (Entrepreneur) in Oct 2011 after my graduation which was refused in Jan 2012, I was given a right to appeal which was partially accepted in March 2012 ( the outcome of appeal states that ''the appeal has been successful to some extant however the home office must review the existing application''). Since then the application is pending for a review for almost two years. My 10 years long residency period will be completed at the end of March 2014. My question is am I eligible to apply for long term residency in first week of March 2014 ? do I need extra documents in regards to support my old application(except life in UK test) or it would be fresh ILR application ? Also my passport has been expired few months ago but my consulate wont renew my passport as they would need a valid visa after introducing new rules for passport renewal. Lastly I have never been convicted but appeared in court twice, once about the penalty charges on TV licence which is dismissed in my favour by local court and 2nd about refusal of my on going Tier 1 Entrepreneur which as I stated above has been successful in my favour to some extant, would these two points effect my long term residency application ? Sorry for the long question but I wanted to be as detailed as I could. I would really appreciated any healthy advice from knowledgeable folks out there.
Thank you and kinds Regards
Tanzeel

Hello Tanzee, I think from your detailed explanation, you can vary your application from Tier 1 Entrepreneur to 10years long residence ILR application if by March 2014 Home office did not get back to you. What I think you should do is fill up application form SET (LR) by March and write a letter stating that you are varying your application from Tier 1 Entrepreneur to SET (LR), attach copies of your outcome from your appeal. There is no harm in doing that as you have nothing to loose other than your application fee.
Other folks might have another solution to your situation but I guess this is a good start.
Hope This Helps.

[raihankhandaker]

Hello, I am new member of this board.

[nadeemiqbal]

Hi

Could anyone please put a link for sky drive

Thanks

[akb titu]

Does credit score affect ilr or uk passport application.i mean if u have any default.i like to thank the individuals created this forum n gave us opportunity to discuss to benefit from it. I know for sure that passport office contact credit refference agency not sure y do they do it.please provide some details about it if you can.thanks again the guys working behind thd success of this forum.

[SSWSZ]

HI.i don't know where to put this information as it is related to 10 years long residence and their pbs dependent so I am pasting homeoffice reply here so it will be help ful for some one...



my mail to home office
Dear Home Office,

Could you please help and advice me,

my spouse (the Main applicant) got ILR on the basis of ten years long residency and I had a Tier 1 dependent (PSW) status up till end of FEB, 2014 .I got tier 1 migrant dependent visa(as written on approval letter) on 27 feb 2012.Now

My questions are,

1- Do I need to show (18,600) income threshold for FLR (M) visa as I came very first time as student dependent in UK in SEP 2006 and then convert to tier 1 dependent on 27 feb 2012 ?

2- After switching to FLR (M), can I apply for ILR immediately as I already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.

their reply



Thank you for your email, I apologise for the delay in responding.



1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).



2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary



3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:

http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.



4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).



I trust this clarifies the situation.



Kind Regards,



Karen.



Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office



this is the email id for home office

FamilyOpsPolicy@homeoffice.gsi.gov.uk

[arashmg]

Hi

Could anyone please put a link for sky drive

Thanks

The link to skydrive is https://skydrive.live.com/view.aspx?res ... lIX1L1ri_4

It seems that it hasn't been updated for the past month though.

[nadeemiqbal]

Hi everyone

Any good news today ?
Thanks arashmg for the link.

Admin could you please put me on skydrive my timeline is as follows
Sent = 11/10/2013
Received at HO = 14/11/2013
acknowledgement letter = TBC
Payment taken from account = 17/10/2013
Biometric enrolment dated = 30/10/2013
Biometric submitted = 04/11/2013
Decision letter = TBC
Documents received = TBC


Thanks