ILR- 10 years route

[upoupo]

I strongly believe, there are a lot of real case with similar scenario.

It would be great, to discuss with a real example, like sufferhead said one.

Please come forward, if your case is few days short to make 10th anniversary of long residence.

We need to know, what Home Office does, and on what basis.

[Tier 4]

I strongly believe, there are a lot of real case with similar scenario.

It would be great, to discuss with a real example, like sufferhead said one.

Please come forward, if your case is few days short to make 10th anniversary of long residence.

We need to know, what Home Office does, and on what basis.

I am in the same situation upoupo, was you 10 days short even after applying 28 days in advance to yours 10th Anniversary ?

[upoupo]

no, my few days are short to make real 10 years.

My one covers the 28 days band.

Enter into UK - 4th Sep 2002
visa until - 25th August 2012

[Tier 4]

no, my few days are short to make real 10 years.

My one covers the 28 days band.

Enter into UK - 4th Sep 2002
visa until - 25th August 2012

I believe you are fine, what was yours entry clearance date?

[upoupo]

first entry clearence was 30th July 2002

[Tier 4]

first entry clearence was 30th July 2002

2 of my friends got their ILR based on the date of entry clearance .... urs case sounds much more safe. Good luck.

[zak786]

Hi,

I would have completed 10 Years of Lawful Residence on 20 August 2012. But my current visa Tier 1 General was supposed to expire on 17 August 2012 meaning 3 days short of 10 years. My solicitor advised me to apply for ILR as the qualifying period starts from 28 days to completion of 10 years. So I applied for ILR on 6 August 2012. Now I am hearing from different people that my application will be refused straight away as I would have not completed 10 years of lawful residence without obtaining extension. Now I am really worried what is going to happen. Can anybody advise me on my situation and tell if there is any similar success story. I would be grateful.

[vinny]

If you had made a valid in-time ILR application and qualify on the date of the decision, then you should succeed.

[zak786]

If you had made a valid in-time ILR application and qualify on the date of the decision, then you should succeed.

Thanks for your information. I have made in time application. However just to double check I posted this question on justanswers.com and I was given the following advice from a solicitor:

Please see following the response of an immigration solicitor to my query I posted on Justanswer.com regarding 3 days gap in my 10 years lawful residence:

"Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:

The applicant must have at least 10 years lawful residence in the UK.
There must be no reason why granting leave is against the public good.
The applicant must meet the knowledge of language and life requirement.
The applicant must not fall for refusal under the general grounds for refusal.

Strictly speaking you have not completed 10 years lawful residence in the UK as your leave to remain had expired before you completed the 10 years. What you should have done to make sure leave was granted was to apply for further leave to remain as a tier 1 and thereafter once you would have completed the 3 days then applied for ILR and paid the excess fees and asked the UKBA to vary your leave to remain to ILR from tier 1 further leave to remain.

Now the guidance do state that there must be 10 years continuous leave to remain in the UK which you unfortunatley seem to fall short of , now there have been instances when the caseworker has been lenient and has granted leave to remain but in most cases they have strictly adhered to the rules and not granted ILR.

If ILR is refused what you would need is inform the UKBA that you have now completed your 10 years as paragraph 3C of the immigration rules would have extended your current leave to remain and therefore by the time you receive your refusal your 10 years would have been completed.

Please see following link for further information and clarification:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I am sorry if this was not the advice you wanted to hear. I hope this answers your question, if so kindly rate my answer positively. "

Do you guys know any case in which ILR was granted on shortfall of couple of days? Secondly if my ILR does get refused would they return my passport and would I be eligible to make a fresh application as my visa has now expired?

[vinny]

If refused due to submitting an early application, then appeal. Cite the judgment that I previously linked to.

[zak786]

If refused due to submitting an early application, then appeal. Cite the judgment that I previously linked to.

Thanks vinny for your comments. If they do refuse, do they give right of appeal or right to apply again as my leave to remain has already expired now?

Thanks

[vinny]

If refused, then you should get the right of appeal (82(2)(d)).

[zak786]

If refused, then you should get the right of appeal (82(2)(d)).

Thanks for your advice. I hope they do not refuse as they have mentioned in their guidance
"Applications received 28 days or less before the required qualifying period is completed
You can grant if an application if it is received 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence."

It only talks about applying within 28 days of applicant completing the required qualifying period. It does not say that an applicant must have leave on the qualifying period. However with UKBA you never know.

[zak786]

Hi saw a post on whatdotheyknow.com. I think some one in similar situation as mine got a reply from UKBA. However not sure if the reply addresses our situation.

"Dear UK Border Agency,

The UKBA website guidance form SET (O) version 12/2012 indicates
that an application under the 10 year rule can be made 28 days
prior to achieving 10 years of lawful residence in the UK.

However, it does not say clearly whether then applicant should have
a valid visa on the date his/her stay in the UK is to become 10
years.

Does this mean that if an applicant visa expires 27 days before
reaching 10years and he/she makes the application within 28 days
then the application is valid?

For example someone arrives in the Uk on the 15/06/2003 and his/
her current visa expires on the 20/05/2013, if an application for
ILR is made on the 20/05/2013 is it still valid as its 28 days
earlier?

I would also like to get clarification on lawful residence in the
UK regarding PSW, is it counted towards the 10 year rule for ILR?

Yours faithfully,
Jay"

UKBA reply:

"Dear Sir,

You correctly identify that you can submit an application for Long Residence in the UK up to 28 days prior to completing the qualifying period. If you have valid leave at the time of applying but your leave ends before the UK Border Agency have had the opportunity to process your application you will be deemed to have continuing leave to remain in the United Kingdom under the provisions of 3c leave. This means that you are entitled to remain under the conditions of the leave that has just expired. For current processing times you should check the UK Border Agency website.

I can also confirm that leave spent in the UK as a Post Study Worker does count towards the qualifying period for Long Residence.

Regards

Settlement Ops Policy"