10 years long residence applications

[kan31]

Hi,need quick replay my SET(LR) got refused today/03/14 the reason set out

you are seeking indefinite leave to remain on the basis of having completed 10 years continuous lawful residence in the UK,it is noted in your immigration history that you entered the UK on 18 th October 2003.you then lawful leave in the UK until 30 August 2004 .on 31 August you applied out time for leave as a student ,however your application was reject on 10 September as you failed to submit mandatory documentation.on 11 October 2004 you applied out of time for leave to remain as a student,however your application was reject on 25 October 2004 due to fee issues.on 08 November 2004 you applied out time for leave to remain as a student ,this time your application was successful and you were issued leave to remain on 11 December 2004 valid until 30 may 2005 .it must be pointed out that any time spent following the submission of an out of time application awaiting for consideration of the application is not considered lawful even if that application is subsequently granted.there for you did not have any valid leave in the UK BETWEEN 30 AUGUST 2004 WHEN YOUR LEAVE TO ENTER AS A STUDENT EXPIRED UNTIL 11 DECEMBER 2004 WHEN YOU WERE NEXT GRANTED LEAVE TO REMAIN IN THE UK,A PERIOD OF 102 DAYS.THERE FOR YOU HAVE NOT COMPLETED 10 YEARS CONTINUOUS LAWFUL RESIDENCE AND YOU DO NOT MEET THE REQUIREMENTS OF PARAGRAPH 276B(i)(a)

still i have valid leave to remain till next year January,i dint get appeal rights ,because of 1 day out time application they calculate whole period out time application ,even its not possible for fee issue because i paid by postal order.
please any one advise me what can i do

application sent -08/10/2013
bio letter received-27/10/2013
bio given- 01/11/2013
application refused-12/03/2014

LR ROUTE- 8 years student 2 year discretion leave to remain .

Hi Kan31,

Have you applied for your SAR report before making application?

If yes, what does it say in minutes notes about this extension? does it say in time application or out of time application?

Kind Regards

hi,thanks for the update i dint apply SAR REPORT.

[Tanaellie103]

Application sent 4/03/14
Payment taken. 6/03/14

I have not received an acknowledgement letter yet....
Was I supposed to enclose self addressed envelopes? I only sent one special delivery one for return of my documents....

How long does it take?

Getting anxious.

[bb2012]

Hi,need quick replay my SET(LR) got refused today/03/14 the reason set out

you are seeking indefinite leave to remain on the basis of having completed 10 years continuous lawful residence in the UK,it is noted in your immigration history that you entered the UK on 18 th October 2003.you then lawful leave in the UK until 30 August 2004 .on 31 August you applied out time for leave as a student ,however your application was reject on 10 September as you failed to submit mandatory documentation.on 11 October 2004 you applied out of time for leave to remain as a student,however your application was reject on 25 October 2004 due to fee issues.on 08 November 2004 you applied out time for leave to remain as a student ,this time your application was successful and you were issued leave to remain on 11 December 2004 valid until 30 may 2005 .it must be pointed out that any time spent following the submission of an out of time application awaiting for consideration of the application is not considered lawful even if that application is subsequently granted.there for you did not have any valid leave in the UK BETWEEN 30 AUGUST 2004 WHEN YOUR LEAVE TO ENTER AS A STUDENT EXPIRED UNTIL 11 DECEMBER 2004 WHEN YOU WERE NEXT GRANTED LEAVE TO REMAIN IN THE UK,A PERIOD OF 102 DAYS.THERE FOR YOU HAVE NOT COMPLETED 10 YEARS CONTINUOUS LAWFUL RESIDENCE AND YOU DO NOT MEET THE REQUIREMENTS OF PARAGRAPH 276B(i)(a)

still i have valid leave to remain till next year January,i dint get appeal rights ,because of 1 day out time application they calculate whole period out time application ,even its not possible for fee issue because i paid by postal order.
please any one advise me what can i do

application sent -08/10/2013
bio letter received-27/10/2013
bio given- 01/11/2013
application refused-12/03/2014

LR ROUTE- 8 years student 2 year discretion leave to remain .

Hi Kan31,

Have you applied for your SAR report before making application?

If yes, what does it say in minutes notes about this extension? does it say in time application or out of time application?

Kind Regards

hi,thanks for the update i dint apply SAR REPORT.

Hi

thank you for your reply, could you please provide exact dates for the applications made and refusals between 30Aug 2004 to 11 Dec 2004. Did homeoffice give you right of appeal for each of the refusal or it was sent back to you as invalid application.

If it was sent to you as invalid applications, did they give you some time to reapply with valid application.

Kind Regards

[ik_aam_insaan]

Application sent 4/03/14
Payment taken. 6/03/14

I have not received an acknowledgement letter yet....
Was I supposed to enclose self addressed envelopes? I only sent one special delivery one for return of my documents....

How long does it take?

Getting anxious.

Its hardly a week payment taken so dont need to worry about .

[msmussaf]

Application sent 4/03/14
Payment taken. 6/03/14

I have not received an acknowledgement letter yet....
Was I supposed to enclose self addressed envelopes? I only sent one special delivery one for return of my documents....

How long does it take?

Getting anxious.

you will receive it today hopefully or tomartow. I posted on 5th march and received ack today dated 7 march 2014

[msmussaf]

Hi to all
I have submitted my application but there is a bit confusion, that in 2008 my visa was revoked by UKBA. my solicitor sent a letter to them explaining circumstances but they refused. UKBA didnt gave me right of appeal. After 3 months another solicitor gave me advised that we should seek the appeal from court. So we did and got the approvel of hearing. At the end of hearing judge directed the UKBA that my visa should be reinstate. After that i received a letter from UKBA stating that your visa has been reinstated. During the appeal process UKBA served me IS96. That i report in the UKBA office fortnightly.
I just want to ask seniors and experts that is it illegal stay between revoking the visa and the hearing?
and according to my understanding reinstate means "make as it was" or "nothing happened in between". Correct me if I am wrong.

thanks

[Rita23]

Hi all,

This is my first ever post here, following my ILR refusal recently, have appealed to the HM courts & tribunal service. I have now received my hearing date which is not until October this year, but in the notice letter its says if I send my bundle of documents in support of appeal within 3 weeks of the letter received, there is a chance of my case being withdrawn by HM and could result in their decision being revised in my favour.

When I spoke to my solicitors he has asked me to ignore the letter saying its just a standard letter and chances of case being withdrawn or decision coming before the hearing is very unlikely and says documents to be submitted a week or so before the actual hearing date. Could some one please advise or if anyone has had similar experience.

Thank you in advance

Rita

[Tanaellie103]

Hi guys.

I was reading past posts and realised that I might have made an over site while filling my application form. There is a part that asks about criminal convictions and civil judgements. While I do not have any criminal convictions I do have two CCJs. Should I have declared these? And how do I go about putting it right as I sent my application already?

Thanks in advance.

[Hardikjshah83]

Hi all,

This is my first ever post here, following my ILR refusal recently, have appealed to the HM courts & tribunal service. I have now received my hearing date which is not until October this year, but in the notice letter its says if I send my bundle of documents in support of appeal within 3 weeks of the letter received, there is a chance of my case being withdrawn by HM and could result in their decision being revised in my favour.

When I spoke to my solicitors he has asked me to ignore the letter saying its just a standard letter and chances of case being withdrawn or decision coming before the hearing is very unlikely and says documents to be submitted a week or so before the actual hearing date. Could some one please advise or if anyone has had similar experience.

Thank you in advance

Rita

Rita - can you please double check the letter, it usually says that you have to submit your document bundle atleast 3 weeks BEFORE the hearing ( not within 3 weeks). yes there is a rare chance that ocne you submit your bundle HO realise the error and change the dicision prior to hearing, however its a little chance.

in my case i have been asked to submit the details atleast 3 weeks before the hearing.

[Hardikjshah83]

Hi guys.

I was reading past posts and realised that I might have made an over site while filling my application form. There is a part that asks about criminal convictions and civil judgements. While I do not have any criminal convictions I do have two CCJs. Should I have declared these? And how do I go about putting it right as I sent my application already?

Thanks in advance.

yes its essential that you declare these information, however you can always submit extra detail with covering letter, refereing to your original application detail, or else wait and see HO might not notice it (however if they do - it may impact on the decisions too).

[Pay]

Dear all Quick question I wanted to know if my first hearing at court rejects and it's not in my favour then up until the day of hearing I will be legally here or do they give you some time to make new application and would it be considered out of date application or the legal resident extends to some time after the hearing . I really hope you understood what I mean and would really glad and thankful if you could give me some information . Many thanks

[Hardikjshah83]

after much of a chase i have finally received some information under FOI from HO for Sept & October stats see on below.

https://www.whatdotheyknow.com/request/ ... tions_sept
https://www.whatdotheyknow.com/request/ ... 2.doc.html

out of 1205 SET(LR) applications 120 still pending for Sept 2013 (12.37% outstanding)
out of 1320 SET(LR) applications 305 still pending for Oct 2013.(23.10% outstanding)

Also - 1st time HO provided details of total application received in October, which is 1320, highest of the year, and probably thats why there is delay in November onward appliations as they are catching up with the backlog.

also to note, HO received almost 3 time more applications via SET(O) (i guess for people finishing 5 years on tier bases) then SET(LR) each month.

I have few other FOI pending, i will let you guys know when i get the outcome on that.

Thansk,

[ILR135]

I need a legal advice if I may please, I have EEA Resident Card from last year. I was student and on tier1 for 9 years can I still apply for 10 years LR.

Thank you.

[Ali1975]

Yes, you can apply for ILR before 28 days of completing your 10 years lawful residence if you fullfil life in uk test and english language requirements, my friend did this after 2 years EEA visa and he got his ILR last month, Thanks

I need a legal advice if I may please, I have EEA Resident Card from last year. I was student and on tier1 for 9 years can I still apply for 10 years LR.

Thank you.

[tmpmem]

Hi,

Do you have any similar statistics for SET(M) applications?

after much of a chase i have finally received some information under FOI from HO for Sept & October stats see on below.

https://www.whatdotheyknow.com/request/ ... tions_sept
https://www.whatdotheyknow.com/request/ ... 2.doc.html

out of 1205 SET(LR) applications 120 still pending for Sept 2013 (12.37% outstanding)
out of 1320 SET(LR) applications 305 still pending for Oct 2013.(23.10% outstanding)

Also - 1st time HO provided details of total application received in October, which is 1320, highest of the year, and probably thats why there is delay in November onward appliations as they are catching up with the backlog.

also to note, HO received almost 3 time more applications via SET(O) (i guess for people finishing 5 years on tier bases) then SET(LR) each month.

I have few other FOI pending, i will let you guys know when i get the outcome on that.

Thansk,

[Shahkakaram]

Dear Team ,

One of my freind need some legal advice which i am not sure what and who would give him suitable suggestion on it regarding 28 days gap :

During his 10 years stay and extension he never been refused but has got invalid application twice in his 10 years on different occassion :-

First INVALID application :-

In 2007 when he applied for his extension exactly same day his current leave expired unfortunately due to some reason which he didn't remember now his application came back to him as INVALID due to some payment issue now he didnt remember actually after how many days his application returned back to him and he re applied again and he was granted a visa .....he only remember that his payment is declined because the credit card through which he was about to pay his fees lost or stolen so he cancelled the credit resulted his application invalid but in the mean time he called homeoffice and paid through cheque and his payment was actually accepted by Home office through cheque , however in the mean time homeoffice already sent his application as invalid and he recieved the invalid application bit late due to royal mail strike or some thing ...when he recieved his invalid application he straight away apply fresh application and the out come of that application is successful means he granted visa .(.in fresh application he showed the homeoffice the cheque clerance information given by bank which he sent to homeoffice )

Unfortunately he didn't have any records or acknowledgement letters or invalid letters with him neither he remember the exact dates of strike of royal mail or recieving and submitting application proof or reciepts

if he has no proof of any thing ...will it be effect his long residency continuity or not ?



Second invalid application :-

He sent his last extension to homeoffice on time before his current leave to remain expired on 11th MAY 2011 ...UNFORTUNATELY this time again his application return as INVALID due to some payment issue .once he recieved his invalid application along all his documents back from the home office on 20th May 2011 and he send the fresh application on 27th May 2011 . The out come of this application was granted a visa which he asked for means successfully granted .



So in both of the cases his continous stay regularised or not ?

what homeoffice mean by 28 days disregarded ? 28 days from the current visa expired or 28 days the homeoffice sent the application as INVALID ?


Can some one advice on it in the light of current homeoffice rules ?


Thanks

Shah

[bilal123]

Hello everyone ,just to let u know I 've received my brp today , can some one plz update on sky drive. Applied on 15 Nov, bio done 3 Jan, approval letter 10 March , brp received 11 March , I 've 9 points on licence in last 1 year and 3 of them through court for speeding in April last year, I 've declared only points through court , 8 years student 2 yeas psw , best of luck everyone , best thing which I have experienced is not to panic in any situation , wait and watch , inshAllah everyone will get it ,

[bb2012]

Hello everyone ,just to let u know I 've received my brp today , can some one plz update on sky drive. Applied on 15 Nov, bio done 3 Jan, approval letter 10 March , brp received 11 March , I 've 9 points on licence in last 1 year and 3 of them through court for speeding in April last year, I 've declared only points through court , 8 years student 2 yeas psw , best of luck everyone , best thing which I have experienced is not to panic in any situation , wait and watch , inshAllah everyone will get it ,

Congratulations Bilal,

Could you please also share, if you had any gaps or any out of time applications.

Kind Regards

[Hiall]

Dear All
Can someone confirm if the visa granted date will start from the time when you have sent your application or after 4/5/or 6 months when the case worker give his decision?

Many thanks

[Pay]

I would like to know :

I apply for ILR while having leave to remain and got rejected with right of appeal - If i get refused on my appeal

1.Would I be given any time to make fresh application ?

2. does the time between the rejection of first application till the second fresh application consider to be lawful residence for ILR 10 years long residency basis.

[March_LR14]

after much of a chase i have finally received some information under FOI from HO for Sept & October stats see on below.

https://www.whatdotheyknow.com/request/ ... tions_sept
https://www.whatdotheyknow.com/request/ ... 2.doc.html

out of 1205 SET(LR) applications 120 still pending for Sept 2013 (12.37% outstanding)
out of 1320 SET(LR) applications 305 still pending for Oct 2013.(23.10% outstanding)

Also - 1st time HO provided details of total application received in October, which is 1320, highest of the year, and probably thats why there is delay in November onward appliations as they are catching up with the backlog.

also to note, HO received almost 3 time more applications via SET(O) (i guess for people finishing 5 years on tier bases) then SET(LR) each month.

I have few other FOI pending, i will let you guys know when i get the outcome on that.

Thansk,

Hi,

Do you think receiving large number of SET (O) applications effects the processing time of SET LR applications?

Isn't there two separate teams of case workers dealing with the two different settlement routes applications?

I hope so above is the case otherwise processing time will not reduce for SET LR cases regardless of less number of applications for SET LR after October 13.

Thanks

[March_LR14]

Dear All
Can someone confirm if the visa granted date will start from the time when you have sent your application or after 4/5/or 6 months when the case worker give his decision?

Many thanks

New visa start date will be the date when your application gets approved. For example you sent your application in October and it gets decided on 15th January. Your visa start date will be 15th Januray.

I hope above reply answers your query.

Thanks

[lydipwc]

Hi,

I have been reading this forum for some times already.
I had done 6 year study + 2 year PSW in the UK since 05 Aug 2005 and my PSW visa will soon be expired.
I can either apply for a working holiday (tier 5 youth mobility) visa or do another year of study to make it to 05 Aug 2015.
Personally, I really would like to apply for the working holiday visa instead of the student visa.
However, the tier 5 youth mobility visa website mentioned that 'you can't switch into another visa category or extend your stay' so I am very confused here as I saw some of you manage to get the ILR with this type of visa and the 10 years long residence guidance stated any continuous legal residence will be counted.
Can anyone please shed some lights on my situation?

Lydia

[March_LR14]

Hi to all
I have submitted my application but there is a bit confusion, that in 2008 my visa was revoked by UKBA. my solicitor sent a letter to them explaining circumstances but they refused. UKBA didnt gave me right of appeal. After 3 months another solicitor gave me advised that we should seek the appeal from court. So we did and got the approvel of hearing. At the end of hearing judge directed the UKBA that my visa should be reinstate. After that i received a letter from UKBA stating that your visa has been reinstated. During the appeal process UKBA served me IS96. That i report in the UKBA office fortnightly.
I just want to ask seniors and experts that is it illegal stay between revoking the visa and the hearing?
and according to my understanding reinstate means "make as it was" or "nothing happened in between". Correct me if I am wrong.

thanks

Hi Msmussaf,

Can you please share your timeline in below format:

Application sent:
Acknowledgement Received:
Bio Invitation:
Bio Enrolled:
Approval Date:

Thanks

[vickylol]

With the help of almighty Allah I got my ILR.

My time line follows-
Application date:- 26/11/13
Bio letter revd:- 02/01/14
Brp & doc:- 07/03/14

Student 6 years - PSW 2 years - EEA 2 years

Total time 3 month 9 days