10 years long residence applications

[Spatacus]

Hi guys
Just want to know whether ESOL awarded by EMD is accepted by UKBA ?
Is EMD an approved awarding body

Regards

Hello mskhan,

below is the link to all Home Office Approved Awarding Body's

http://www.ukba.homeoffice.gov.uk/sitec ... atura1.pdf

hope this helps.

[Spatacus]

NEED HELP OF ANY EXPERT


I applied for permission to appeal against UT decision, today I received the decision and it was refused. I am completing my 10 years next week (total 10 years not 28 days before). I am allowed to make fresh application in any category within 28 days from this decision since I don't have removal order or A 47. My question is, Can I apply for ILR as fresh application or not ??? Isn't it 3c, 3d will end today if I dont go to COA and I will have 28 days to apply ILR after the expiry of leave under 3D. ???


Thanks

Hello khani,

i think from your explanation above you are qualified for your 10 year ILR application. You have nothing to loose just send the application by post with all your previous passports bearing your past visas and BRP if you have any. In the 10 year ILR there is no PEO service. Remember to include your English Test certificate and Life In The UK certificate.

More experienced moderator might be able to advise you more on your situation.

i wish you goodluck

[Spatacus]

Praise be to God. My ILR has been approved. My solicitor wrote a preaction protocol letter to HO pointing out the error they made. 13 days later, they replied acknowledging their mistake and then asked me to send my current BRP. Today I received approval letter, BRP on its way.

Thank you all for your responses and words of encouragement.

Fantastic news dypstar, I was really gutted when I heard your story as it can happen to anyone of us. You've really made my day

Enjoy your well deserved freedom and all the best for the future!

Nik

Excellent news and congratulations. That is one thing about HO when they are at fault and with you using a solicitor they will immediately admit their short fall. Am happy for you....what is better than freedom dypstar??

God bless you. Remember to apply for your Naturalization 12-months from now. Go forth for you are free from any restriction--enjoy your freedom and keep away from trouble.
cheers

[Spatacus]

Hi guys

I am wondering if someone can recommend me in a private message any good solicitor in London Area Please

That will be of great help.

Regards

Hello mskhan,
i would advise you to contact dypstar for a solicitor as am sure he used the services of a solicitor in his case above. cheers

[emran habib]

Dear Friend please read the following statement !
"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." [Page 25/67 of the Guidance]

Followed by the statement of a case worker; the statement then goes on to deal with the procedure of dealing with applications under paragraph 134 which Miss Mason routinely deals with. At paragraph 11 she said that some applicants accrue a sufficient period of leave under section 3C of the Immigration Act 1971 whilst the appeal is pending. Those applicants do not need to apply for further leave. When sufficient leave has been accrued they withdraw their appeal and submit a new application for ILR under paragraph 134.
This paragraph is from one of ILR case which was heard in High court and paragraph is part of witness statement and Miss Mason is Home office case worker, you will be absolutely fine once you complete 10 years withdraw your appeal and put new application with in 28 days.

You can withdraw your appeal by faxing request to appeal tribunal giving them your all details but you should not withdraw your appeal and make a fresh application on the basis of long residence (continuous 10 yr lawful route) on the same day. If you do that, you would be accepting the risk that the HO might not consider it and could return all your files back as invalid ! It happened to my friend and I personally know him...So, it's better to wait for the withdrawal letter and then to file your application for ILR under paragraph 134.. And the success rate is 100%..!

I hope, that clarifies...

[ababerr]

Hi There,
i sent my application for ILR under long residence 10 ear basis.
i was waiting my appeal hearing which was going to take place on 13th Nove, 2013.
i had 10 days gap of expiry visa due to my father death.
28th october 2013 rules were going to change and my eligibility before 28-days was started after 19th october 2013 coz i had arrived inuk on 17th Nov, 2003.

i withdrawn from my appeal and sent my fax to tribunal and UKBA same time & same day i withdrawn from my appeal and on same day i sent my application for ILR.
i got acknowledgement letter within 1 week
biometric letter i got on 30th nov , 2013 and sent my bio metric to ukba on 5th december 2013.
can anyone tell me will it affect on my visa application to get ILR.

[Shogun75]

Dear Friend please read the following statement !
"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." [Page 25/67 of the Guidance]

Followed by the statement of a case worker; the statement then goes on to deal with the procedure of dealing with applications under paragraph 134 which Miss Mason routinely deals with. At paragraph 11 she said that some applicants accrue a sufficient period of leave under section 3C of the Immigration Act 1971 whilst the appeal is pending. Those applicants do not need to apply for further leave. When sufficient leave has been accrued they withdraw their appeal and submit a new application for ILR under paragraph 134.
This paragraph is from one of ILR case which was heard in High court and paragraph is part of witness statement and Miss Mason is Home office case worker, you will be absolutely fine once you complete 10 years withdraw your appeal and put new application with in 28 days.

You can withdraw your appeal by faxing request to appeal tribunal giving them your all details but you should not withdraw your appeal and make a fresh application on the basis of long residence (continuous 10 yr lawful route) on the same day. If you do that, you would be accepting the risk that the HO might not consider it and could return all your files back as invalid ! It happened to my friend and I personally know him...So, it's better to wait for the withdrawal letter and then to file your application for ILR under paragraph 134.. And the success rate is 100%..!

I hope, that clarifies...

Thanks,

It does make sense.
It solves the "Right of Appeal" question because once you qualify for ILR you can make an application anytime within 28 days.

However, my other problem was about the continuous "Right to Work" after withdrawing the appeal. Can you still work whilst waiting for the fresh ILR decision? Under whih category?

Cheers,

[MrA2Z]

Congrats mate

Application Sent: 28 August 2003
Biometric: 16 Sept 2003
Refusal letter: 02 January, 2014
Documents/passports: 02 January, 2014
Approval letter: 24 January, 2014
BRP: waiting........

Congrats dypstar! Really glad to know that HO fixed their mistake! Can you tell us the approval date on the letter?

Praise be to God. My ILR has been approved. My solicitor wrote a preaction protocol letter to HO pointing out the error they made. 13 days later, they replied acknowledging their mistake and then asked me to send my current BRP. Today I received approval letter, BRP on its way.

Thank you all for your responses and words of encouragement.

[MrA2Z]

I applied on 25th of Spetember, received acknowledgement letter on 2nd of Oct and biometric letter on 18th of Oct. You received after two months

Hi My timeline is
Application submitted- 20th September 2013
Acknowledgement received- 26th September
Bio invitation letter received- 22 November
Biometric Done- 22nd November
approval letter- waiting........
Documents/passports- waiting..........
BRP- waiting....................

Has anyone received approval letter, docs and BRP yet who submitted application within the same timeline. Your updated timeline would be much appreciated.

Thank you

[Md anser]

Hi,

I would like my details to be uploaded on skydrive.

Application sent: 24th Nov
Biometric recieved : 6th Jan

and I am waiting for the further decision.

Kind regards,
Md Anser

[meb4ne1]

I applied on 25th of Spetember, received acknowledgement letter on 2nd of Oct and biometric letter on 18th of Oct. You received after two months

HO changed the system in October so everyones biometrics from the end of September onwards got delays and took 2-3 months to arrive in the post.

[meb4ne1]

Hi,

I would like my details to be uploaded on skydrive.

Application sent: 24th Nov
Biometric recieved : 6th Jan

and I am waiting for the further decision.

Kind regards,
Md Anser

I've added you to the SKyDrive. Can you also give the date on the acknowledgement letter and the date you enrolled the biometrics?

[malikrizwan]

by the grace of ALLAH i have been granted ILR.

application posted. 09/sep/2013
biometric 19/sep/2013
(i had to ask for another biometric letter as first one did not work at postoffice)
biometric 01/oct/2013
biometric submit 03/oct/2013
documents received with approval. 28/01/2014
BRP waiting.
thanks for the help of all u people.
goodluck to all who r waiting.

[esmsi]

Congrate and waiting

by the grace of ALLAH i have been granted ILR.

application posted. 09/sep/2013
biometric 19/sep/2013
(i had to ask for another biometric letter as first one did not work at postoffice)
biometric 01/oct/2013
biometric submit 03/oct/2013
documents received with approval. 28/01/2014
BRP waiting.
thanks for the help of all u people.
goodluck to all who r waiting.

[Pervins]

Congratulations!

[esmsi]

Many thanks.
What is the date of approval?

Congrate and waiting

by the grace of ALLAH i have been granted ILR.

application posted. 09/sep/2013
biometric 19/sep/2013
(i had to ask for another biometric letter as first one did not work at postoffice)
biometric 01/oct/2013
biometric submit 03/oct/2013
documents received with approval. 28/01/2014
BRP waiting.
thanks for the help of all u people.
goodluck to all who r waiting.

[xincognito]

Application Sent: 21/01/2014
Payment Taken out : 23/01/2014
Acknowledgement letter: 28/01/2014
Biometrics letter received:
Biometrics enrolled:
Approval:

[khani]

NEED HELP OF ANY EXPERT


I applied for permission to appeal against UT decision, today I received the decision and it was refused. I am completing my 10 years next week (total 10 years not 28 days before). I am allowed to make fresh application in any category within 28 days from this decision since I don't have removal order or A 47. My question is, Can I apply for ILR as fresh application or not ??? Isn't it 3c, 3d will end today if I dont go to COA and I will have 28 days to apply ILR after the expiry of leave under 3D. ???


Thanks

Hello khani,

i think from your explanation above you are qualified for your 10 year ILR application. You have nothing to loose just send the application by post with all your previous passports bearing your past visas and BRP if you have any. In the 10 year ILR there is no PEO service. Remember to include your English Test certificate and Life In The UK certificate.

More experienced moderator might be able to advise you more on your situation.

i wish you goodluck

Thanks Spatacus

[KashRIz]

Application Sent: 17/01/2014
Payment Taken out : 21/01/2014
Acknowledgement letter: 24/01/2014
Biometrics letter received:
Biometrics enrolled:
Approval:

[dypstar]

Someone sent me a PM but the system wouldn't allow me to read it as I have not participated enough to be authorised to read private messages.

Sorry I didn't intentionally ignore your message, it's just that I am not authorised to read private messages.

[Shahkakaram]

Dear friends,

I am about to apply for ilr on the 10 year basis but have a massive gap of 9 months (between August 2006-May 2007)

I came to the uk in february 2004 and my current visa is due to expire in September 2014. All visas were student visas. I have never been late with any applications nor been refused any visas.

Reason for the gap was that my college was harassing me for money and threatening to get me into trouble with home office (even though they didn't have any teachers and was just making money). I was still young and was stressed and depressed and when back home to my family. There I saw my family doctor who advised me not to go back any soon. Things got worse as my mom suffered a heart attack and this affected me more and was unable to return anytime soon. It's took me about 9 months to recover mentally and came back to Uk still having a valid visa.

I did change college and notified HO of this event when I applied for renewal which I got without any difficulty.

I need your input guys. Do you think they will consider this to be a valid reason for the gap. I have a letter from my family doctor outlining the events which led to this 9 months gap. I have spoken to a solicitor and he says it's 50-50. What are your thoughts guys?

Dear Taz ,

I am not sure who exactly from this forum got ILR inspite of having more then 6 months gaps ...but if u check the post of OCT 2013 to DEC 2013 you may know that person who mentioned the lawyer name as well who helped him to get his ILR although all the other lawyers clearly refused to take his case as they said you will never get ILR but he got it in the end ...or alternatively you can search him on SKYDRIVE too ...

best of luck ...

[pakhtoon77]

Hi everyone, hope you are all well and safe,
my query is that I think TIME SPENT WHILE WAITING FOR JR is counted towards 10 years ILR or not. because as far as I know its not, however I have a friend just completed 10 years while waiting for his JR and withdrew his case before the JR hearing. now he sent it for ILR. what are his chances since his solicitor(quite an experienced one) told him he could. what are your suggestion.
Also one other thing, how long can someone drag a case in courts to complete 10 years legal stay since I need 14 months in my case,
thanks in advance

[rmkirfan]

Hi Gurus, Moderators and well wishers..

Its been best door for Immigration advices and very soon will be applying for LR.

My entry clearance was on Oct 2003 & Im eligible to apply since Oct 2013, But had to apply now. Can you please advice on below.

SAR report :My SEGS visa expiry was 19/12/2007 and I applied for Tier 2 on 19/12/2007 and refused with stamp dated 14/02/2008 on passport(I remember reading Removal note, not sure),But applied student visa before refusal 23/01/2008 without passport by referring Tier2 application and approved.

One solicitor was saying: Due to the fact Tier 2 refused and though passport returned dated 14/02/2008, my GAP starts from 19/12/2007 and as student visa applied on 23/01/2008 (before refusal) ,its slightly more than 28 days. Which isn't convincing

3)Is this considered as illegal GAP, though my passport is in HO and lodged new application before refusal?
4)Does it effect LR application?

Apologies for long story. Its my Life guys.. Please advice which will boost and can apply more confidently.

Many thanks,
Irfan

[Hardikjshah83]

Dear Friend please read the following statement !
"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." [Page 25/67 of the Guidance]

Followed by the statement of a case worker; the statement then goes on to deal with the procedure of dealing with applications under paragraph 134 which Miss Mason routinely deals with. At paragraph 11 she said that some applicants accrue a sufficient period of leave under section 3C of the Immigration Act 1971 whilst the appeal is pending. Those applicants do not need to apply for further leave. When sufficient leave has been accrued they withdraw their appeal and submit a new application for ILR under paragraph 134.
This paragraph is from one of ILR case which was heard in High court and paragraph is part of witness statement and Miss Mason is Home office case worker, you will be absolutely fine once you complete 10 years withdraw your appeal and put new application with in 28 days.

You can withdraw your appeal by faxing request to appeal tribunal giving them your all details but you should not withdraw your appeal and make a fresh application on the basis of long residence (continuous 10 yr lawful route) on the same day. If you do that, you would be accepting the risk that the HO might not consider it and could return all your files back as invalid ! It happened to my friend and I personally know him...So, it's better to wait for the withdrawal letter and then to file your application for ILR under paragraph 134.. And the success rate is 100%..!

I hope, that clarifies...

Hi emran... Thanks for clarity... My solicitor have only suggested me the same...and last week only I have applied... However can you please advise where you got this information.

Thanks.

[Shahkakaram]

Hello Every buddy ,

Any buddy knows that ILR ( Long residency ) Application fees can be submitted ONLINE like student visa fees is proceeding now a days ?

If any one have any information please share with us ...i think if HO will start accepting LR fees online it will be very quicker to get on the next step or bio metric .....

Any info kindly share with us


Thanks