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10 years long residence applications

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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gbe
Newly Registered
Posts: 23
Joined: Fri Mar 27, 2015 8:16 am

Re: 10 years long residence applications

Post by gbe » Wed Apr 29, 2015 7:40 am

Zee ali wrote: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?

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: 10 years long residence applications

Post by smir » Wed Apr 29, 2015 9:31 am

its error of law if judge dont consider additional grounds


please challenge decision in utt


dont be late or 3c will end if not appealed to utt


they gave u appeal rights ?????


gbe wrote:
Zee ali wrote: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?

gbe
Newly Registered
Posts: 23
Joined: Fri Mar 27, 2015 8:16 am

Re: 10 years long residence applications

Post by gbe » Wed Apr 29, 2015 9:52 am

smir wrote:its error of law if judge dont consider additional grounds


please challenge decision in utt


dont be late or 3c will end if not appealed to utt


they gave u appeal rights ?????
gbe wrote:
Zee ali wrote: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?
How many weeks are we looking at, for the whole process of utt?
Is there any consequence for not challenge it?
If you know any case law to do this appeal, sugest.
My lawyer seems not experience enough

sud315
Member
Posts: 115
Joined: Sat Apr 04, 2015 10:39 pm

Re: 10 years long residence applications

Post by sud315 » Wed Apr 29, 2015 11:32 am

gbe,
you can change the lawyer then. Just let HO/Tribunal know.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: 10 years long residence applications

Post by Zee ali » Wed Apr 29, 2015 12:52 pm

@gbe
Bro Ftt judge made an error.

Thing is if u complete 10 years than most solicitors advise to withdraw and apply set lr. U get ilr in 2 to 3 months.

But the route u choose is lengthy, time consuming and expensive.

Other back draw of going on appeal is if judge say in his decision that u have no basis on your case and u apply just to prolong and

to complete 10 years than your game is over.

Now its up to u want u gonna do.

wait another 6 to 7 months may be more in UT or apply set lr and get ILR in 2 months
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: 10 years long residence applications

Post by smir » Wed Apr 29, 2015 12:52 pm

Gbe



I asked did you read your ftt decision ?


Dose it has appeal rights or not ???


Can you share by removing your details ???
sud315 wrote:gbe,
you can change the lawyer then. Just let HO/Tribunal know.

gbe
Newly Registered
Posts: 23
Joined: Fri Mar 27, 2015 8:16 am

Re: 10 years long residence applications

Post by gbe » Wed Apr 29, 2015 2:29 pm

I have permission to appeal to FTT.
Judge base his decision on that I was not 10 at the time of my appeal and I clock 10 by virtue of sec 3c and aditional groumd did not indicate that we present what was not available at the time when appeal was first lodged.
I came from one lawyer to this Chamber. I don't know which one of them that is better.

It is a shame.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: 10 years long residence applications

Post by Obie » Wed Apr 29, 2015 2:32 pm

gbe wrote:I have permission to appeal to FTT.
Judge base his decision on that I was not 10 at the time of my appeal and I clock 10 by virtue of sec 3c and aditional groumd did not indicate that we present what was not available at the time when appeal was first lodged.
I came from one lawyer to this Chamber. I don't know which one of them that is better.

It is a shame.
Do you mean permission to appeal to the Upper Tribunal.

That is material error of fact , and you need to challenge it, otherwise the Secretary of State could use it against you
Smooth seas do not make skilful sailors

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 5:18 pm
India

Re: 10 years long residence applications

Post by smir » Wed Apr 29, 2015 2:38 pm

Don't loose hope


Additional grounds needs to be considered by judge


It's an error by judge

You need to appeal at any cost you need to challenge


Section 120 allows additional grounds to be considered

You need to appeal

Appeal my fri ize=150][/size]




gbe wrote:I have permission to appeal to FTT.
Judge base his decision on that I was not 10 at the time of my appeal and I clock 10 by virtue of sec 3c and aditional groumd did not indicate that we present what was not available at the time when appeal was first lodged.
I came from one lawyer to this Chamber. I don't know which one of them that is better.

It is a shame.

ukbaby
Newly Registered
Posts: 20
Joined: Tue Apr 28, 2015 7:04 pm

Re: 10 years long residence applications

Post by ukbaby » Wed Apr 29, 2015 2:55 pm

Hi guys,
Need your help.
I was 4yrs student+2yrs psw+4yrs EEA2.
I received letter to provide more documents about my partner since I received EEA2 to now (more than 10yrs if add students visa and PSW).
It seems some people successfully received ILR without requests this.
Anyway, shall I send the documents which requested same on EEA4 form, the lists of document is huge.
They only give me less than 2 weeks time to send, some documents takes at least 2 weeks received from bank and HMRC.
What shall I do?
Thanks

urwah
Newly Registered
Posts: 4
Joined: Tue Apr 28, 2015 6:44 pm

Re: 10 years long residence applications

Post by urwah » Wed Apr 29, 2015 3:20 pm

Dear forum members,
Can i apply for ILR while still on dependant visa if i complete 10 years. More opinion about my previous question plz
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.
Has anyone actually have gone through simmilar situation and got ILR.
Your help will be much appriciated


urwah wrote: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.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: 10 years long residence applications

Post by Obie » Wed Apr 29, 2015 3:24 pm

ukbaby wrote:Hi guys,
Need your help.
I was 4yrs student+2yrs psw+4yrs EEA2.
I received letter to provide more documents about my partner since I received EEA2 to now (more than 10yrs if add students visa and PSW).
It seems some people successfully received ILR without requests this.
Anyway, shall I send the documents which requested same on EEA4 form, the lists of document is huge.
They only give me less than 2 weeks time to send, some documents takes at least 2 weeks received from bank and HMRC.
What shall I do?
Thanks
Provide evidence that she has been a qualified person in the 4 years you are claiming residence rights under EU law.
Smooth seas do not make skilful sailors

Na74
Newbie
Posts: 48
Joined: Sat Mar 28, 2015 3:18 am

Re: 10 years long residence applications

Post by Na74 » Thu Apr 30, 2015 12:56 am

urwah wrote:Dear forum members,
Can i apply for ILR while still on dependant visa if i complete 10 years. More opinion about my previous question plz
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.
Has anyone actually have gone through simmilar situation and got ILR.
Your help will be much appriciated


urwah wrote: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.
Lol, you have been given sn answer before, dont worry it is fine. It does not matter if you complete 10 year as dependent or main. So you will get same answer no matter how many times you post your question. Are you looking for a NO from us?

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: 10 years long residence applications

Post by Zee ali » Thu Apr 30, 2015 1:26 am

Na74 wrote:
urwah wrote:Dear forum members,
Can i apply for ILR while still on dependant visa if i complete 10 years. More opinion about my previous question plz
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.
Has anyone actually have gone through simmilar situation and got ILR.
Your help will be much appriciated


urwah wrote: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.
Lol, you have been given sn answer before, dont worry it is fine. It does not matter if you complete 10 year as dependent or main. So you will get same answer no matter how many times you post your question. Are you looking for a NO from us?
@NA74

Take it easy bro. Girls r like this. Never satisfied with one answer :D :D :D :D :D
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: 10 years long residence applications

Post by Obie » Thu Apr 30, 2015 1:32 am

Please let's cut the sexist comments . That is not permitted on the forum Zee Ali.
Smooth seas do not make skilful sailors

hapoo
Junior Member
Posts: 65
Joined: Tue Apr 21, 2015 2:20 pm

Re: 10 years long residence applications

Post by hapoo » Thu Apr 30, 2015 1:43 pm

Zee ali wrote:
hapoo wrote:Hi,

when did you received the second email? There are one or two people on this forum who received second email but after 2 weeks got their visa. Although its not normal to get the second email.

thanks
??? wrote:Hi all,

I had applied for Ilr on 9th march, received biometric letter and enrolled bio on 27th march. After that I had received another email from the home-office, while noticed that people applied after me receive their visa. I believed that my case is straigt forward, never was refused for extension and have studied in universities (8 years+2 years psw). Can I ask that if receving second email is normal or it is a sign that case will be in home office for some time.

Many thanks

Usman
hi
i received another email today that my application is still under consideration? Very worried now as i think my application was straight forward.
@hapoo

U r next man. Finger Crossed

rzbca
Newbie
Posts: 35
Joined: Sat May 21, 2011 8:56 pm
Bangladesh

Re: 10 years long residence applications

Post by rzbca » Fri May 01, 2015 3:26 pm

Hello Friends, I have some good news to share.My ILR (LR) has been approved today in Liverpool PEO!

My experience:

10 am appointment but reached there at 9:30. Straightaway entered after security check.

Done Biometric in 20 mins. After bio they took 45 mins to decide.came out at 11. Very professional and straight forward. I was bit worried because i declare my TFL offence for fine.

I was on 4 yrs student+2 year PSW+ 4 yrs tier 1 General (last extension i showed employment .

I personally think if you have no gaps or nothing complex then you should use premium service. The money you spend really pays off.

This forum is great and I thank many of them on this forum as last 1 month I was a silent reader for every single post! Keep it up guys.

I wrote all this thinking some should benefit with my experience.

Regards

Rzbca

TeWaio
Newly Registered
Posts: 13
Joined: Fri May 01, 2015 3:22 pm

Re: 10 years long residence applications

Post by TeWaio » Fri May 01, 2015 3:37 pm

Hi everyone,

I have followed this board for a while and appreciate all the knowledge that is shared.

My situation:

Arrived UK 29-09-05.

4 years on Tier 4, followed by 2 years on Tier 2 (general), followed by 3 years on Tier 4 again, followed by Tier 2 (general) I currently hold.

Meet all requirements for 10-year ILR (schedule of absences < 540 days, no convictions, no breaks in leave etc.) therefore eligible to apply for 10-year ILR on 01-09-15 (Home Office accepts applications 28 days early).

Have recently learned I am being made redundant by my Tier 2 employer effective 29-05-15. Therefore leave will be curtailed to 28-07-15 (termination date + 60 days), or, as I understand happens in practice, a extra week or so to account for the time it takes my employer to notify the Home Office and the Home Office to curtail my leave.

Therefore, I will probably have my leave to remain curtailed to a date sometime in early-mid August, which is a matter of weeks before I am eligible to apply for 10-year ILR.

There seems to be a 28-day 'grace' period that happens immediately after a leave curtailment date passes, whereby the Home Office can accept visa applications, and if said applications are successful do not count this as "breaking" ILR eligibility. My question is this: Were I not able to find another Tier 2 job in time, and were I to overstay beyond my likely early-mid August leave curtailment date and then submit my 10-year ILR application on 01-09-15, would that application be automatically refused, or would it stand a chance of being accepted (being within the 28-day grace period) if I otherwise met every possible requirement?

Thanks for reading. In a pretty tough situation here so any advice would be greatly appreciated.

Best Wishes,
TW

sad.1
Member
Posts: 233
Joined: Tue Mar 19, 2013 11:56 pm

Re: 10 years long residence applications

Post by sad.1 » Fri May 01, 2015 3:40 pm

Many many congratulations to you
Really happy to hear that.
I would like to ask to you
1- did they asked you about your current status what you doing ?
2- what grounds did you write on form 3.2?
I am also completing my 10 years soon but I have not decided yet should I hire a solicitor or not well my case is not complexes
All applications I submit was on time.
Had a refusal about entrepreneur and all.appeals was in time .
Even I have 3 points and £100 fine but it wasn't any crime offence or court case.
Simply paid my fine and got 3 points for mobile.usage.
Would you please comment. On this thanks

quote="rzbca"]Hello Friends, I have some good news to share.My ILR (LR) has been approved today in Liverpool PEO!

My experience:

10 am appointment but reached there at 9:30. Straightaway entered after security check.

Done Biometric in 20 mins. After bio they took 45 mins to decide.came out at 11. Very professional and straight forward. I was bit worried because i declare my TFL offence for fine.

I was on 4 yrs student+2 year PSW+ 4 yrs tier 1 General (last extension i showed employment .

I personally think if you have no gaps or nothing complex then you should use premium service. The money you spend really pays off.

This forum is great and I thank many of them on this forum as last 1 month I was a silent reader for every single post! Keep it up guys.

I wrote all this thinking some should benefit with my experience.

Regards

Rzbca[/quote]

Waqasansaar
Newly Registered
Posts: 14
Joined: Fri May 01, 2015 4:42 pm

Re: 10 years long residence applications

Post by Waqasansaar » Fri May 01, 2015 5:11 pm

Hi All
I just woundered if someone can help me out. I made SET LR application on 6th March 2015 Bio enrolled 2nd April 2015 and my current leave is going to expire in August 2015. It's been almost two months since I made an application and one month since I enrolled for Bio. I haven't received any response yet. No query nothing at all. Still waiting. How long nowadays HO taking time to decide applications for SET LR ??? It's really very stressful. Thanks in advance for reply.

hapoo
Junior Member
Posts: 65
Joined: Tue Apr 21, 2015 2:20 pm

Re: 10 years long residence applications

Post by hapoo » Fri May 01, 2015 5:22 pm

Hi,

did you received any confirmation email and then second email that its still under consideration?

and was your case straightforward?

thanks,
Waqasansaar wrote:Hi All
I just woundered if someone can help me out. I made SET LR application on 6th March 2015 Bio enrolled 2nd April 2015 and my current leave is going to expire in August 2015. It's been almost two months since I made an application and one month since I enrolled for Bio. I haven't received any response yet. No query nothing at all. Still waiting. How long nowadays HO taking time to decide applications for SET LR ??? It's really very stressful. Thanks in advance for reply.

Waqasansaar
Newly Registered
Posts: 14
Joined: Fri May 01, 2015 4:42 pm

Re: 10 years long residence applications

Post by Waqasansaar » Fri May 01, 2015 5:34 pm

Yes I completed 10 years without any gap. No visa refusal in these ten years. No long gaps. But had a driving fine back in 2012 from court. I sent my case through solicitor and haven't recieved any email.

hapoo
Junior Member
Posts: 65
Joined: Tue Apr 21, 2015 2:20 pm

Re: 10 years long residence applications

Post by hapoo » Fri May 01, 2015 5:50 pm

hi,

check with your solicitor as you must have received an email about your application if you have provided your email address on the application form.

Mine was straightforward as well but still waiting applied on 16/03/2015 but i received emails that still under consideration

thanks

Waqasansaar
Newly Registered
Posts: 14
Joined: Fri May 01, 2015 4:42 pm

Re: 10 years long residence applications

Post by Waqasansaar » Fri May 01, 2015 5:57 pm

I will ask solicitor about email.
I had biometrics on 2nd April as I received bio invitation on 28 March 2015. I think home office deal applications according to Bio Enrolled. When you had Bio ? Any idea about nowadays timeline ?

hapoo
Junior Member
Posts: 65
Joined: Tue Apr 21, 2015 2:20 pm

Re: 10 years long residence applications

Post by hapoo » Fri May 01, 2015 6:00 pm

hi,

i had the bio on same day 02/04/15 march. now a days they are doing it very fast as someone applied on 20/03/15 got their visa.

thanks,

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