10 years long residence applications

[Zee ali]

Good news usman, congratulation

i am still waiting applied on 16/03/15?

@Hapoo

Dont worry man u r next

[Na74]

Dear all,
Can anyone please answer the follwoing questions
1: if someone goes back to home country to get student visa, will it break 10 years long residence?
2: if student visa gets refused, will it break 10 years long residence.


Thanks a lot

As long as you go back before your visa expires.. For example visa expires on 31 march but you go back on 30 march, plus you get a new visa and travel back within 6 months (no matter how many refusals) continuous residence will NOT break.
I did same thing once.

[sud315]

Dear all,
Can anyone please answer the follwoing questions
1: if someone goes back to home country to get student visa, will it break 10 years long residence?
2: if student visa gets refused, will it break 10 years long residence.


Thanks a lot

Hi Meesha,

I was in this same situation you are asking about. My ILR is on process and I'm waiting stressing..

My lawyer advised,
1. If you go out of country, with no visa to come back (i.e you go back when your current visa expires) to apply new visa and come, then there is a break. Because you cant get back until get a new visa and new visa if get or not is uncertain.
However, if you go before your current visa finishes, apply new visa and come back, it is not a break.

2. Same applies. If it gets rejected before your current visa was due to finish, then you would appeal and if appeal work, then I think it would be OK (this is the same case with me too so I'm awaiting anxiously )

I explain you my case so it'd be easier to understand:
I switch category from WP dependent to Tier 4. so went home in 2009
However our visa was due to finish 2009 End June. I went a month before.
I applied Tier 4 visa soon after.
But this was rejected early June.
I put my application for Admin Review (July I think) within the 28 days period or whatever time they allowed.
Thankfully my appeal was successful - in September!!

So my question was the same if I could apply for ILR or not
Many lawyers were telling me there is a break so it wont work.
However only 1 lawyer pointed out to me that I have gone before my 2009 June visa expired and have made a new application before that too. This was wrongly rejected as well by them as my admin review was successful. So he said I could apply under 10 year continuous stay.
So I made my ILR. Don't know if its straightforward case or not, don't know if they would see it as I see it (ie: No break as they wrongly rejected me too)
But really hoping for it to work!!!
Hope this helps.

Btw, if any one know some one who's been in similar situation (switching category from home) and their ILR worked pl share.
I have followed all recent posts but not seen any cases like that. I think all were switched within UK therefore no apparent discontinuation (as in my case )

[hapoo]

Good news usman, congratulation

i am still waiting applied on 16/03/15?

@Hapoo

Dont worry man u r next

thanks ali

[sud315]

Congrats Usman!
Was your case straightforward?

[???]

yea it was indeed, although I had received second email from the HO but I guess even you receive another email from HO, just dont panic and hope for the best.

Congrats Usman!
Was your case straightforward?

dont worry mate, I think you will receive your visa this week InshAllah.

Good news usman, congratulation

i am still waiting applied on 16/03/15?

[hapoo]

thanks usman, InshAllah

[longresident85]

Any more views from experts on my circumstance especially CCJ / IVA and ILR LR?

Many thanks..

Dear All,

Thank you for such a great blog.

I have been reading this every now and then to seek guidance.

Time is coming soon, when I'll apply for ILR (LR) in last week of August 2015.

My circumstances are as follows:

1. Came to UK in 2005 - Study Visa - Completed BSc in 2009
2. PSW - 2009 to 2011
3. In 2010, I started a business which went bust and I ended up in a lot of debt (£40k approx). Received a CCJ by one creditor, I owed them around £2,000. Later I made IVA (Individual Voluntary Arrangement) with all creditors including the creditor who obtained CCJ. That's all been fine since then, payments are up to date and IVA status is 'satisfied'. IVA is due to finish in 2016.
4. In 2011, switched from PSW to Tier 4, for a Masters. Successfully completed that.
5. in 2013, started PhD which is due to finish end of 2016. Visa Valid until Feb 2017.
6. 10 Years will reach in August/September 2015.

Kindly advice:
A. How will my case be like? Chances of success?
B. Will CCJ and IVA effect the application in anyway?
C. Should post the application or use the newly started Same Day Premium Service?
D. Should I spend money to hire a lawyer or just apply by myself?

Thanks a million in advance for your expert suggestions.

Kind regards,
Your Friend

[sud315]

yea it was indeed, although I had received second email from the HO but I guess even you receive another email from HO, just dont panic and hope for the best.

Congrats Usman!
Was your case straightforward?

Hi Usman, what date did you get the second email pl? So can add this to the timeline too.
Some people have got second emails, so we better keep a track on that too to save others panicking much!

[urwah]

Dear all,
I am also in simmilar situation. I am on dependant visa and my visa will expire in june 2016 but i have enrolled a degree from september 2015. I plan to go back to switch to student visa in January after my first semester will complete. I have following concerns
1. If my student visa get refused, can i come back to uk as i still will have visa until june and can i appeal from within uk
2. i will complete 10 years in december 2016, will i still qualify for 10 years ILR as they issue student visa as entry clearance. Does it mean fresh entry and discontinution of previous stay.
3. can i apply for student visa in january as i still be having visa until June but my degree will end in september 2016 which mean i have to apply for visa for it.

Can anyone plz plz help me with this

Thanks memebers for reading my post

Dear all,
Can anyone please answer the follwoing questions
1: if someone goes back to home country to get student visa, will it break 10 years long residence?
2: if student visa gets refused, will it break 10 years long residence.


Thanks a lot

Hi Meesha,

I was in this same situation you are asking about. My ILR is on process and I'm waiting stressing..

My lawyer advised,
1. If you go out of country, with no visa to come back (i.e you go back when your current visa expires) to apply new visa and come, then there is a break. Because you cant get back until get a new visa and new visa if get or not is uncertain.
However, if you go before your current visa finishes, apply new visa and come back, it is not a break.

2. Same applies. If it gets rejected before your current visa was due to finish, then you would appeal and if appeal work, then I think it would be OK (this is the same case with me too so I'm awaiting anxiously )

I explain you my case so it'd be easier to understand:
I switch category from WP dependent to Tier 4. so went home in 2009
However our visa was due to finish 2009 End June. I went a month before.
I applied Tier 4 visa soon after.
But this was rejected early June.
I put my application for Admin Review (July I think) within the 28 days period or whatever time they allowed.
Thankfully my appeal was successful - in September!!

So my question was the same if I could apply for ILR or not
Many lawyers were telling me there is a break so it wont work.
However only 1 lawyer pointed out to me that I have gone before my 2009 June visa expired and have made a new application before that too. This was wrongly rejected as well by them as my admin review was successful. So he said I could apply under 10 year continuous stay.
So I made my ILR. Don't know if its straightforward case or not, don't know if they would see it as I see it (ie: No break as they wrongly rejected me too)
But really hoping for it to work!!!
Hope this helps.

Btw, if any one know some one who's been in similar situation (switching category from home) and their ILR worked pl share.
I have followed all recent posts but not seen any cases like that. I think all were switched within UK therefore no apparent discontinuation (as in my case )

[sud315]

Kindly advice:
A. How will my case be like? Chances of success?
B. Will CCJ and IVA effect the application in anyway?
C. Should post the application or use the newly started Same Day Premium Service?
D. Should I spend money to hire a lawyer or just apply by myself?

Thanks a million in advance for your expert suggestions.

Kind regards,
Your Friend

Hi
I don't know what is CCJ and IVA (so don't understand the case! )

C) But just wanted to point out that premium is available only for straightforward/ simple cases.
If not they may still take time to decide so in vain you pay high fees too.
So I think postal would be better, but its your decision!
Bear in mind, as premium service is now available, postal applications would be reduced so it won't take too long.

D) If you want to add points, explaining your cases, I think worth asking advice from a solicitor first at least. Most give first free advice anyway.
My case wasn't like this (I have explained it in previous page post) but I got advice and a covering letter prepared by a solicitor (as if I'm explaining it myself so representative section wasn't needed to be filled out)
Application is simple enough (you know your details!) so wasn't worth paying such high solicitor fees, in my view!

Good luck!

[dayesto123]

Congrats ???

Enjoy tour freedom.
I received the second email too but I have not received feedback yet. Its two weeks now since I received the email. I dont think my case in straight forward as I initially thought. however I have sent a letter as additional information today to support my application.

Does any know of any email address I can send informations to or phone number I can call to confirm if they got my letter?

[sud315]

Dear all,
I am also in simmilar situation. I am on dependant visa and my visa will expire in june 2016 but i have enrolled a degree from september 2015. I plan to go back to switch to student visa in January after my first semester will complete. I have following concerns
1. If my student visa get refused, can i come back to uk as i still will have visa until june and can i appeal from within uk
2. i will complete 10 years in december 2016, will i still qualify for 10 years ILR as they issue student visa as entry clearance. Does it mean fresh entry and discontinution of previous stay.
3. can i apply for student visa in january as i still be having visa until June but my degree will end in september 2016 which mean i have to apply for visa for it.

Can anyone plz plz help me with this

Thanks memebers for reading my post

Hi,
1. After you apply new visa, I think old visa will be dismissed and the new visa prevails.
If you apply from overseas you have to appeal from there too in my view (as you won't be able to get back in anyway!)

2. I think under new rules they have 5 year cap on 1 category visa or something. If you exceed this from your current studies (i.e you apply on 6th year of your student visa next) then it will be classed as discontinuation. I'm not familiar with these latest changes.

3. Yes I think you can apply early before your current visa finishes.

Please do seek for expert/ solicitor advice to verify these. as these are all I think answers!
Anyway better get advice nearer the time as rules keeps changing so often!

[sud315]

Congrats ???

Enjoy tour freedom.
I received the second email too but I have not received feedback yet. Its two weeks now since I received the email. I dont think my case in straight forward as I initially thought. however I have sent a letter as additional information today to support my application.

Does any know of any email address I can send informations to or phone number I can call to confirm if they got my letter?

0300 123 2241 to enquire about applications on process.
Are your details on the timeline sheet?
Hope for the best dear!

[urwah]

@Sud 315,
Thanks a lot for prompt reply. I wonder why my current visa will be dismissed. I am sorry to ask for this but i really did not have an idea that it can be the case. As my husband will still be at UK, why my dependant visa will be dismissed if i apply for student visa?
In this situation, should i apply before start of degree?
or should i apply in end of May?
Thanks a million in advance for your valuable help

Congrats ???

Enjoy tour freedom.
I received the second email too but I have not received feedback yet. Its two weeks now since I received the email. I dont think my case in straight forward as I initially thought. however I have sent a letter as additional information today to support my application.

Does any know of any email address I can send informations to or phone number I can call to confirm if they got my letter?

0300 123 2241 to enquire about applications on process.
Are your details on the timeline sheet?
Hope for the best dear!

[dayesto123]

Congrats ???

Enjoy tour freedom.
I received the second email too but I have not received feedback yet. Its two weeks now since I received the email. I dont think my case in straight forward as I initially thought. however I have sent a letter as additional information today to support my application.

Does any know of any email address I can send informations to or phone number I can call to confirm if they got my letter?

0300 123 2241 to enquire about applications on process.
Are your details on the timeline sheet?
Hope for the best dear!

I have tried updating the Google drive but couldn't then gave up.
The waiting has been very frustrating.
Here is my timeline
02/03/2015 application sent
05/03/2015 acknowledgement received
16/03/2015 received first email
19/03/2015 biometric letter received
20/03/2015 biometric done
13/04/2015 received second e-mail saying still under consideration...
Approve letter and BRP ??? waiting...

[sud315]

I have tried updating the Google drive but couldn't then gave up.
The waiting has been very frustrating.
Here is my timeline
02/03/2015 application sent
05/03/2015 acknowledgement received
16/03/2015 received first email
19/03/2015 biometric letter received
20/03/2015 biometric done
13/04/2015 received second e-mail saying still under consideration...
Approve letter and BRP ??? waiting...

Try on this link:

[urwah]

Dear Forum memebers,
Can anyone plz help with this!
My husband has stayed out of country for 1.5 years when he had PSW but i lived at UK on his dependant visa. Will it be considered a break for me too.
I read on tis forum somewhere that it will not affect dependant if main applicant had valid visa during all that period when he was not residing at UK. Is it applicable in my case too.
Thanks a lot.

[sud315]

@Sud 315,
Thanks a lot for prompt reply. I wonder why my current visa will be dismissed. I am sorry to ask for this but i really did not have an idea that it can be the case. As my husband will still be at UK, why my dependant visa will be dismissed if i apply for student visa?
In this situation, should i apply before start of degree?
or should i apply in end of May?
Thanks a million in advance for your valuable help

Hi Urwah,
I gave you the answer on the expectation that HO will otherwise be confused (will not allow in my opinion) that you have 2 applicable visas at the same time. So the latest would be taken into account.
Because they can think otherwise, ok you go and apply, if not work, you just come back to UK thinking to try a different method - using it as a back up plan. I don't think they will allow it.

Do wait for others responses too. I could be wrong.
Do ring up and check with solicitors.

[???]

Hi Sud315,

the second email I received from HO mentioned that case is still under consideration (20-04-2015). however, i received the brp card and documents back on same day dated 24-04-2015. I would suggest that no need to be worried, you will be hearing from the HO soon even though you received second email.

yea it was indeed, although I had received second email from the HO but I guess even you receive another email from HO, just dont panic and hope for the best.

Congrats Usman!
Was your case straightforward?

Hi Usman, what date did you get the second email pl? So can add this to the timeline too.
Some people have got second emails, so we better keep a track on that too to save others panicking much!

[ninja.ho]

Hi
anyone has been in the following situation:
- have completed 10 years but left UK then returned 1.5 years later

Any possibility of applying LR on the basis of that 10 years?

my spouse is a settled person now.

Any help and advise is greatly appreciated

cheers

[Na74]

Any more views from experts on my circumstance especially CCJ / IVA and ILR LR?

Many thanks..

Dear All,

Thank you for such a great blog.

I have been reading this every now and then to seek guidance.

Time is coming soon, when I'll apply for ILR (LR) in last week of August 2015.

My circumstances are as follows:

1. Came to UK in 2005 - Study Visa - Completed BSc in 2009
2. PSW - 2009 to 2011
3. In 2010, I started a business which went bust and I ended up in a lot of debt (£40k approx). Received a CCJ by one creditor, I owed them around £2,000. Later I made IVA (Individual Voluntary Arrangement) with all creditors including the creditor who obtained CCJ. That's all been fine since then, payments are up to date and IVA status is 'satisfied'. IVA is due to finish in 2016.
4. In 2011, switched from PSW to Tier 4, for a Masters. Successfully completed that.
5. in 2013, started PhD which is due to finish end of 2016. Visa Valid until Feb 2017.
6. 10 Years will reach in August/September 2015.

Kindly advice:
A. How will my case be like? Chances of success?
B. Will CCJ and IVA effect the application in anyway?
C. Should post the application or use the newly started Same Day Premium Service?
D. Should I spend money to hire a lawyer or just apply by myself?

Thanks a million in advance for your expert suggestions.

Kind regards,
Your Friend

Did you read my reply to your post?

[Na74]

Dear Forum memebers,
Can anyone plz help with this!
My husband has stayed out of country for 1.5 years when he had PSW but i lived at UK on his dependant visa. Will it be considered a break for me too.
I read on tis forum somewhere that it will not affect dependant if main applicant had valid visa during all that period when he was not residing at UK. Is it applicable in my case too.
Thanks a lot.

No, not break for you as long as you continuously stayed in UK with a valid, it does not matter where your husband was. So dont worry.

[Zee ali]

Need some Approvals
Come on guys

[gbe]

Need some Approvals
Come on guys

Zee ali.
Is it not possible or not allow to vary ground of appeal base on clocking ten when on 3c again?