Query - 24 days shorter for 10 years Long Residency - ILR

[Tier 4]

U will b alright bcoz there is 15 days to do the biometric so ur 12 days will b covered in that plus send a cheque rather than direct debit it will b take longer.

Well, I don't know, but after bit of research I came to the conclusion to apply extension rather than applying ILR straight away. In most cases it will be consider invalid as I am applying early and haven't complete 10 years.

Nevertheless I don't mind applying any extension just worry it will take a good amount of time for CW to locate my Passport, my dep Passports and ICFN and attached them to my new application.

[Tier 4]

if you qualify on the date of the decision, then their refusal may be contrary to case laws. Therefore, you should win on appeal. However, it may be safer to initially apply for an extension first and vary the undecided application to ILR when you qualify.

Spot on mate

[aakkoo]

when u r sending ur application?

I am applying next year mate. However please do update yours experience of applying ILR, especially when you will vary the grounds of your first application.

Definitely i will.

[aakkoo]

I have one more query

At the time of varying my application to ILR my wife 2 years will not b completed in UK (She joined me Jan 2012). I have to send FLR(M) form for my wife as per my research along with my applcation. As u ppl r aware it takes 4-5 month minimum to get the outcome of ILR, so

Am i eligible to vary my wife application to Set(M) if the application is still under process with the CW and my wife two years completes during this time.

[zak786]

if you qualify on the date of the decision, then their refusal may be contrary to case laws. Therefore, you should win on appeal. However, it may be safer to initially apply for an extension first and vary the undecided application to ILR when you qualify.

Spot on mate

I wish if I had known this at the time of submitting application. I could have applied for extension of Tier 1 and then after 3 days vary the grounds. But now nothing could be done but wait. I hope they don't refuse it but if they do refuse, what you guys think would be a better option i.e. lodging an appeal or writing to case worker for reconsideration of refusal as now I have completed 10 years and six months.

[vinny]

If you had applied for ILR only a few days prior to the completion of your qualifying period, then I think you should be okay.

If you are refused due to the application being early, then appeal. Cite the case law from the Court of Appeal, regarding the date of decision, and their instructions on early applications.

[Tier 4]

Am i eligible to vary my wife application to Set(M) if the application is still under process with the CW and my wife two years completes during this time.

Don't think so, my guess is dependent has to obtain leave through FLR(M) first then apply for settlement.

[Tier 4]

Hi vinny, can I just ask you, as you aware I am 40 days short of 10 years, if I deduct 28 days out of 40 still 12 days short, what you recommend the best course of action, I know I have to apply extension to cover that up but my problem is which extension as currently I am on PSW visa with one dependent.

The obvious and latest one is Tier 1 Entrepreneur, but I don’t want to waste hell lot of money just to cover these days, can't go for Tier 4 because of the years limit, or should I go for FLR (O) on the basis of human right (private life) as I have established a family life here, or is there any other way?

Thanks and I will really appreciate your response.

[vinny]

Perhaps make any valid extension application in-time, then vary it to ILR under Long Residence, as soon as possible?

(i) the appellant had used a 'prescribed' form, even if she had no chance of getting what she asked for, and therefore had made a valid application which therefore extended her leave under s.3C while the application was pending, and

(ii) that it is possible to vary an application for leave once it is made, even if leave is already extended by s.3C, as long as a decision has not yet been reached by the Home Office.

Likewise, dependants may vary their application to FLR(M), stating that main applicant's ILR application is pending.

[zak786]

Hi vinny, can I just ask you, as you aware I am 40 days short of 10 years, if I deduct 28 days out of 40 still 12 days short, what you recommend the best course of action, I know I have to apply extension to cover that up but my problem is which extension as currently I am on PSW visa with one dependent.

The obvious and latest one is Tier 1 Entrepreneur, but I don’t want to waste hell lot of money just to cover these days, can't go for Tier 4 because of the years limit, or should I go for FLR (O) on the basis of human right (private life) as I have established a family life here, or is there any other way?

Thanks and I will really appreciate your response.

I am not sure about how application based on private life works. But please do not go for Tier 1 Entrepreneur unless you genuinely have money to start a business. So many people have fallen into this trap. I think your best bet would probably be Tier 4.

[Tier 4]

Perhaps make any valid extension application in-time, then vary it to ILR under Long Residence, as soon as possible?

(i) the appellant had used a 'prescribed' form, even if she had no chance of getting what she asked for, and therefore had made a valid application which therefore extended her leave under s.3C while the application was pending, and

(ii) that it is possible to vary an application for leave once it is made, even if leave is already extended by s.3C, as long as a decision has not yet been reached by the Home Office.

Likewise, dependants may vary their application to FLR(M), stating that main applicant's ILR application is pending.

Much appreciate your input, Thanks

[Tier 4]

I am not sure about how application based on private life works.

Well obviously they aren’t going to hand me the visa on that basis however I can kill some time on that. Not specifically on private life section but maybe on:

“Other purposes / reasons not covered by other application forms (see documents required at 8L)”.

Even biometrics takes 15 days time to submit, as person applies FLR (O) need to register himself for biometrics as well. In short to be honest just need to dodge these 12 or maybe 40 days and then vary the grounds while on 3C leave.

But please do not go for Tier 1 Entrepreneur unless you genuinely have money to start a business. So many people have fallen into this trap. I think your best bet would probably be Tier 4.

If I would have 50 grand in my account and brilliant business idea in my mind I would rather invest them somewhere where rules and economy have more appreciation and stability.

Tier 4 visa has 8 years limit and in my understanding my application will be consider invalid as I have already crossed this threshold.

[zak786]

I am not sure about how application based on private life works.

Well obviously they aren’t going to hand me the visa on that basis however I can kill some time on that. Not specifically on private life section but maybe on:

“Other purposes / reasons not covered by other application forms (see documents required at 8L)”.

Even biometrics takes 15 days time to submit, as person applies FLR (O) need to register himself for biometrics as well. In short to be honest just need to dodge these 12 or maybe 40 days and then vary the grounds while on 3C leave.

But please do not go for Tier 1 Entrepreneur unless you genuinely have money to start a business. So many people have fallen into this trap. I think your best bet would probably be Tier 4.

If I would have 50 grand in my account and brilliant business idea in my mind I would rather invest them somewhere where rules and economy have more appreciation and stability.

Tier 4 visa has 8 years limit and in my understanding my application will be consider invalid as I have already crossed this threshold.

[zak786]

I am not sure about how application based on private life works.

Well obviously they aren’t going to hand me the visa on that basis however I can kill some time on that. Not specifically on private life section but maybe on:

“Other purposes / reasons not covered by other application forms (see documents required at 8L)”.

Even biometrics takes 15 days time to submit, as person applies FLR (O) need to register himself for biometrics as well. In short to be honest just need to dodge these 12 or maybe 40 days and then vary the grounds while on 3C leave.

But please do not go for Tier 1 Entrepreneur unless you genuinely have money to start a business. So many people have fallen into this trap. I think your best bet would probably be Tier 4.

If I would have 50 grand in my account and brilliant business idea in my mind I would rather invest them somewhere where rules and economy have more appreciation and stability.

Tier 4 visa has 8 years limit and in my understanding my application will be consider invalid as I have already crossed this threshold.

I think Tier 4 came in 2009/10. According to that you have only spent 3-4 years on Tier 4. How you have calculated 8 years? But of course I do understand where you are coming from. Its just few days which you need to spend before varying the grounds. Anyway best of luck!

[Tier 4]

I think Tier 4 came in 2009/10. According to that you have only spent 3-4 years on Tier 4. How you have calculated 8 years? But of course I do understand where you are coming from. Its just few days which you need to spend before varying the grounds. Anyway best of luck!

Thanks mate,

Well, Unfortunately Pre-Tier 4 (Gen student visa) does count towards that set limit.

Time Limit on Tier 4 Students
http://www.admin.cam.ac.uk/offices/inte ... limit.html

Flowchart
http://www.ukcisa.org.uk/student/info_s ... wchart.pdf

[JaySam]

Hi guys I have the consultations with few solicitors and guess what I'am even more confused now then before (Lots of mix answers)..........However I have come-up with my own solutions and planning to follow this.

As I'm 24 days shorter and also so desperate to apply for ILR

I will be following this solutions below

0) Send the postal application through solicitors just 2 days before (signed for second class (will take time to reach there)

1) Send the payment as postal order/pay check this will first take time to clear before they can forward the application for further processing.

2) En-roll bio-matrix as late as possible probably on 14th day, originally have 15 days to en-roll bio-matrix details.

This some how give about 20-25 days given UKBA is super fast (highly unlikely considering their previous record and efficiency but you never know) before UKBA make any decision.


But again best & safest bet is to complete the 10 years first, unless you have a leave to cover you whole period in such case you can apply 28 days before your leave expires.

[Tier 4]

Hi guys I have the consultations with few solicitors and guess what I'am even more confused now then before (Lots of mix answers)..........However I have come-up with my own solutions and planning to follow this.

As I'm 24 days shorter and also so desperate to apply for ILR

I will be following this solutions below

0) Send the postal application through solicitors just 2 days before (signed for second class (will take time to reach there)

1) Send the payment as postal order/pay check this will first take time to clear before they can forward the application for further processing.

2) En-roll bio-matrix as late as possible probably on 14th day, originally have 15 days to en-roll bio-matrix details.

This some how give about 20-25 days given UKBA is super fast (highly unlikely considering their previous record and efficiency but you never know) before UKBA make any decision.


But again best & safest bet is to complete the 10 years first, unless you have a leave to cover you whole period in such case you can apply 28 days before your leave expires.

Whenever you apply do give us updates so that we learn from your experience. thanks

[JaySam]

No Worries ! I will.

[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"

[Tier 4]

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"

Where did you get that? Do you mind to past the link please

[vinny]

It's apparently a confirmation of:

I believe that if you make an in-time valid application for ILR and they decide after you complete your 10 years, then you won't be 24 days short. Your leave would have been extended under Section 3C. If you qualify on the date of decision, then you should be Ok according to AQ (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 833 (20 July 2011).

Click on previous links for more info.

[zak786]

https://www.whatdotheyknow.com/request/ ... ing-352231

and see also:

https://www.whatdotheyknow.com/request/ ... ing-373609

[zak786]

Hi guys after waiting for more than 9 months I got my ILR approval letter on 16th May 2013. I was 3 days short of actually completing 10 years and due to this there was lot of confusion surrounding my application. Few solicitors were of the opinion that I do not have visa to complete 10 years lawful residence therefore my ILR application will be refused. Others thought that if I apply with in 28 days of completing 10 years and if I have a valid visa at the time of the application I should be fine. Couple of days ago I posted links from whatdotheyknow.com where UKBA has answered a similar query in which they said that a few days short of 10 years is not a consideration as long as the applicant applies with in 28 days and has valid visa at the time of the application. But we did not have any real life example where an applicant has ILR approved with few days short of 10 years residence. I believe my case is a test case for people who are short of few days and will help to solve this confusion. Lastly thanks to members of this forum who are always there to help other people.

[JaySam]

Brilliant and Good News for people like me on similar circumstances

Thank you for update Zak786 and congratulation.

[amian12320]

Hey JaySam, Did you manage to get your visa in the end? I am in a similar situation at the moment and my visa expires in 5 days. Different lawyers are saying different things.