10 years long residence applications

[zabizabi]

Hi,
If I use different address for corresponding.what address home office would use for sending biometric card.actually I am applied for jobs out side London and I may move from my current address.i am mentioning my current address as well because of my bank statements.if I use my current address can I change it later with home office.because this process is sometime taking longer.one more do I need to show my 5 years address because I changed my address so many time during this.and application has only two option for address.i would be grateful if u could help me.

If you are using solicitor, your all correspondence will be through solicitor but if not my advice will be to stick with one address, whatever address you can access and receive your posts and it will be good if this is the same address as written on your current statement. No need to change or show different addresses (I think)

But question is if unlucky I change my address what would be my responsibility .do I need to change with home office if anything like this happened.and please do we need to provide 5 years address history .i changed my address 3 times in 5 years and in the application it has only 2 options.

[R556]

Hi,
If I use different address for corresponding.what address home office would use for sending biometric card.actually I am applied for jobs out side London and I may move from my current address.i am mentioning my current address as well because of my bank statements.if I use my current address can I change it later with home office.because this process is sometime taking longer.one more do I need to show my 5 years address because I changed my address so many time during this.and application has only two option for address.i would be grateful if u could help me.

If you are using solicitor, your all correspondence will be through solicitor but if not my advice will be to stick with one address, whatever address you can access and receive your posts and it will be good if this is the same address as written on your current statement. No need to change or show different addresses (I think)

But question is if unlucky I change my address what would be my responsibility .do I need to change with home office if anything like this happened.and please do we need to provide 5 years address history .i changed my address 3 times in 5 years and in the application it has only 2 options.

If you change your address after posting your application. There is an online procedure you can use to inform UKBA.

https://contact-ukba.homeoffice.gov.uk/ ... geAddress/

I think there is no need to show address history but senior can give you better advice.

[nhbloke]

[quote="asjid73"][quote="nhbloke"]Hi There

I am currently on Tier 2 visa which is expiring on 31 August 2013.
I will be eligible to apply for ILR (10 Yr long residence) on 24 August 2013.
I have received my SAR and everything is OK. No refusals in the last 10 Yrs.

I have made an application for Tier 4 on 19 July 2013 as I wish to study from the end of September 2013. Biometrics were given on 26 July 2013 and STILL WAITING. I was hoping that I would get a decision from UKBA before 24 Aug 13; so that I could immediately apply for ILR.

I am thinking to send my ILR application on 31 Aug 13 and vary my Tier 4 application to ILR if I don't get a decision on my Tier 4 application from UKBA before 31 Aug 13. But according to this document below (page 32)

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

The application date remains the date of the original application and not the date of the variation. My fear is, [b]will UKBA treat 19 July 13 (date of my Tier 4 application) as the application date for my ILR application even if I send my ILR application on or after 24 Aug 13 (the date I become eligible to apply for ILR) and REFUSE my ILR application on the ground that I applied too EARLY?
[/b]
Can you please advice? Has anyone got any experience of this kind of situation and varying a pending application to ILR application?

Many thanks[/quote]on thing i do not understand if your visa was expiring
on 31/08/2013 and you were becoming eligible for ILR on 24/08/2013 why you made tier 4 application and stuck your self in awkward situation.
as for i understand make ILR application asap before your leave expire and instead varying tier 4 application withdraw it as soon HO takes money form your account.
As for i know one person(METRO3) on forum successfully varied his application i varied my tier 1 application on 19/04/13 first application was made Nov 12 HO send me letter on 06/13 asking me which application
i want to take further i replied them my LR application should be considered which i varied from tier 1 application to preserve my right of LR ILR[/quote]

As I am intending to study full time from September 2013, I thought I would switch to Tier 4 before I apply for ILR. Let's hope I get a decision from UKBA within next couple of days.

In your case, do you mean you applied for Tier 1 in Nov 12, then varied to ILR on 19/04/2013 when you completed the qualifying period? Have you received a decision on your ILR application yet?

Many thanks

[cheeta]

Dear jony_dhaka, thanks for your opinion, u may be right but I think the guidance u quoted does not apply on me as my application for ILR was accepted first and I appealed later for my Tier 4 refusal. So I think appeal should not be a problem for ILR application. Also my whole case was prepared by a solicitor, he has also written to UKBA that it was mistake on their part to decide my Tier 4 application once the request was made to vary the grounds of Tier 4 with SET O application. He also written that we can withdraw appeal anytime if they proceed with ILR application

let me get this clear >
1.Applied Tier 4 (General) application 24/1/2013
2.In the mean time you completed 10 year lawful residence while your tire 4 application was pending .
3.You applied for ILR 16/3/2013
4.Tire 4 was refused 22 /4 /2013
5 . you appeal against Tire 4 decision while your ILR is pending to ukba .

My Dear cheeta,
If i was you .This is what i would do .
1. Wait for Tire 4 decision then apply for ILR as i know i have complied 10 year when Tire 4 was pending .
2. I wouldn't send a appeal against Tire 4 while my ILR application is pending .
You just made things more complicated for UKBA now .
My prediction is >
1.you might have to wait for a very looooong time for your ILR now .
2. In worse case Your ILR might get refused as well .
3.Or UKBA might just ignore your appeal and give ILR to you. ( I STRONGLY WISH AND PRAY )

UKBA might be having a Laugh now because you appeal against your Tire 4 while your ILR is pending .

Wish you all the best my friend


Guidance – Long residence and private life:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 25 wrote:

(The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal :

A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.)

I submitted Tier 4 (General) application on 24th January 2013, this application was pending with UKBA under 3C and I completed 10 years lawful residence in UK. Therefore, on 16th March 2013, I made a request to Secretary of State to vary the grounds of my Tier 4 (General) Migrant application with SET (O) application for Indefinite Leave to remain in UK on the basis of 10 years lawful residence. I have also enrolled my bio metrics in the Post office for ILR application on 4th April 2013.

On 22nd April 2013 my Tier 4 (General) application was refused by the UKBA though I had already completed 10 years and varied this application with SET O. I was advised by two solicitors to appeal against this decision to be on the safe side so I did and appeal is pending in the court.

Now, I seek your advise that this decision on Tier 4 application will affect my ILR? as I applied for ILR 5 weeks before this decision was made.

Kind regards

[R556]

Dear jony_dhaka, thanks for your opinion, u may be right but I think the guidance u quoted does not apply on me as my application for ILR was accepted first and I appealed later for my Tier 4 refusal. So I think appeal should not be a problem for ILR application. Also my whole case was prepared by a solicitor, he has also written to UKBA that it was mistake on their part to decide my Tier 4 application once the request was made to vary the grounds of Tier 4 with SET O application. He also written that we can withdraw appeal anytime if they proceed with ILR application

let me get this clear >
1.Applied Tier 4 (General) application 24/1/2013
2.In the mean time you completed 10 year lawful residence while your tire 4 application was pending .
3.You applied for ILR 16/3/2013
4.Tire 4 was refused 22 /4 /2013
5 . you appeal against Tire 4 decision while your ILR is pending to ukba .

My Dear cheeta,
If i was you .This is what i would do .
1. Wait for Tire 4 decision then apply for ILR as i know i have complied 10 year when Tire 4 was pending .
2. I wouldn't send a appeal against Tire 4 while my ILR application is pending .
You just made things more complicated for UKBA now .
My prediction is >
1.you might have to wait for a very looooong time for your ILR now .
2. In worse case Your ILR might get refused as well .
3.Or UKBA might just ignore your appeal and give ILR to you. ( I STRONGLY WISH AND PRAY )

UKBA might be having a Laugh now because you appeal against your Tire 4 while your ILR is pending .

Wish you all the best my friend


Guidance – Long residence and private life:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 25 wrote:

(The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal :

A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.)

I submitted Tier 4 (General) application on 24th January 2013, this application was pending with UKBA under 3C and I completed 10 years lawful residence in UK. Therefore, on 16th March 2013, I made a request to Secretary of State to vary the grounds of my Tier 4 (General) Migrant application with SET (O) application for Indefinite Leave to remain in UK on the basis of 10 years lawful residence. I have also enrolled my bio metrics in the Post office for ILR application on 4th April 2013.

On 22nd April 2013 my Tier 4 (General) application was refused by the UKBA though I had already completed 10 years and varied this application with SET O. I was advised by two solicitors to appeal against this decision to be on the safe side so I did and appeal is pending in the court.

Now, I seek your advise that this decision on Tier 4 application will affect my ILR? as I applied for ILR 5 weeks before this decision was made.

Kind regards

When did your solicitor send letter to UKBA? Its about 4 months of your refusal. You still have not received any reply from UKBA? Your case is very strong there should not be any problem except wasting of time.

Ideally you had to write quickly one letter to the case worker who decided your Tier 4 application and one to UKBA. Your Tier 4 case worker seems very inexperience who didn't bother to check the SETO application is also running beside with yours Tier 4.

[xshayaanx]

No new visa for past two weeks I guess! Things seem to have come to a halt! It has only been a month but I am feeling the pressure!

This is just so stupid can't switch employers as I do not have my passports to show my eligibility. Mental torture.



[quote="jony_dhaka"]2013 ILR success and waiting list

ILR GRANTED
''jinat4671' applied 3/1/2013 received 27/3/2013 WAITED FOR 12 weeks
''rgurung' applied 5/1/2013 received 18/3/2013 WAITED FOR 10 weeks
''sudhirbph' applied 7/1/2013 received 23/5/2013 WAITED FOR 19 weeks
'habsimak' applied 7/1/2013 received 27/6/2013 WAITED FOR 24 weeks
'jigwah' applied 8/1/2013 received 13/6//2013 WAITED FOR 23 weeks
'z18runway' applied 9/1/2013 received 17/6/2013 WAITED FOR 23weeks

[jony_dhaka]

Bro , if you have chance to withdraw your tire 4 appeal and if you think your 10 year residency is straight forward then i think you should just withdraw your appeal . Because there is absolutely no need for that appeal now . It will save a lot of time for ukba and your as well . Just a suggestion .

Dear jony_dhaka, thanks for your opinion, u may be right but I think the guidance u quoted does not apply on me as my application for ILR was accepted first and I appealed later for my Tier 4 refusal. So I think appeal should not be a problem for ILR application. Also my whole case was prepared by a solicitor, he has also written to UKBA that it was mistake on their part to decide my Tier 4 application once the request was made to vary the grounds of Tier 4 with SET O application. He also written that we can withdraw appeal anytime if they proceed with ILR application

[jony_dhaka]

hahaha wellcome to Mental torture chamber

I quit smoking for 6 month before i applied for ILR . Started smoking again because of this stressful time even my Ilr application is straight forward .

Just to let you know. Most of the ukba staff are now on summer holiday this month . Hopefully next month we will see some prison break

No new visa for past two weeks I guess! Things seem to have come to a halt! It has only been a month but I am feeling the pressure!This is just so stupid can't switch employers as I do not have my passports to show my eligibility. Mental torture.



"jony_dhaka"2013 ILR success and waiting list
ILR GRANTED
''jinat4671' applied 3/1/2013 received 27/3/2013 WAITED FOR 12 weeks
''rgurung' applied 5/1/2013 received 18/3/2013 WAITED FOR 10 weeks
''sudhirbph' applied 7/1/2013 received 23/5/2013 WAITED FOR 19 weeks
'habsimak' applied 7/1/2013 received 27/6/2013 WAITED FOR 24 weeks
'jigwah' applied 8/1/2013 received 13/6//2013 WAITED FOR 23 weeks
'z18runway' applied 9/1/2013 received 17/6/2013 WAITED FOR 23weeks

[xshayaanx]

you know what! exactly with the Smoking! now I know why I have such big craving for smoking! I have never been a regular smoker.

This is another Government's plan to maximise its tax revenues by giving Immigrants stress till the last moment!

You can imagine past ten years werent exactly joyous each time I applied for visa extensions!

hahaha wellcome to Mental torture chamber

I quit smoking for 6 month before i applied for ILR . Started smoking again because of this stressful time even my Ilr application is straight forward .

Just to let you know. Most of the ukba staff are now on summer holiday this month . Hopefully next month we will see some prison break

No new visa for past two weeks I guess! Things seem to have come to a halt! It has only been a month but I am feeling the pressure!This is just so stupid can't switch employers as I do not have my passports to show my eligibility. Mental torture.



"jony_dhaka"2013 ILR success and waiting list
ILR GRANTED
''jinat4671' applied 3/1/2013 received 27/3/2013 WAITED FOR 12 weeks
''rgurung' applied 5/1/2013 received 18/3/2013 WAITED FOR 10 weeks
''sudhirbph' applied 7/1/2013 received 23/5/2013 WAITED FOR 19 weeks
'habsimak' applied 7/1/2013 received 27/6/2013 WAITED FOR 24 weeks
'jigwah' applied 8/1/2013 received 13/6//2013 WAITED FOR 23 weeks
'z18runway' applied 9/1/2013 received 17/6/2013 WAITED FOR 23weeks

Code: Select all

an 

[jony_dhaka]

Most of us who are applied for ILR on the base of 10 .. had this same experience . Its not only we who are in stress .THIS stress effect our friend and family member as well ..they also stress with us .The fact is ukba is buying our time to save there money .
one more thing .Try rolling tobacco ( golden virginia my fav) it will save you a lot of money . I used to smoke 10 cigarette £4 a packet a day BUT now rolling tobaco for £4 A bag last me for 4 days .I will quit again as soon as i get ILR . I probably shouldn't say this in public but smoking actually helping me a lot in this stressful time .
come to this forum regular and meet your inmate like us .tc bro

http://www.youtube.com/watch?v=_ihPI5C_7z8

you know what! exactly with the Smoking! now I know why I have such big craving for smoking! I have never been a regular smoker.

This is another Government's plan to maximise its tax revenues by giving Immigrants stress till the last moment!

You can imagine past ten years werent exactly joyous each time I applied for visa extensions!

[members]

Urgent Help Needed!!

A friend of mine applied for Tier 4 visa and got refused yesterday with right to appeal. He sent his appeal yesterday by fax and ask for a paper based appeal; in other words, he did not chose oral hearing.

He is going to finish his 10 year on 6 October 2013. So he does not have too long for that 10 year to finish. I know he cannot apply for ILR when he has an appeal pending, but if he withdraws appeal when he hit 10 years, he will have no right to stay as soon as the appeal is withdrawn.

The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal

A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.

If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.

Dear Damanisshallo,

thanks for your interest. I know about this guidance, but I don't know what would be his best option regarding his ILR application. Is it best to send the ILR application so that, even if it would be void, it would be linked to his appal?

Is it possible to withdraw appeal once you hit 10 years and then apply for ILR within the 28 days that you are allowed to overstay?

[asjid73]

Hi There

I am currently on Tier 2 visa which is expiring on 31 August 2013.
I will be eligible to apply for ILR (10 Yr long residence) on 24 August 2013.
I have received my SAR and everything is OK. No refusals in the last 10 Yrs.

I have made an application for Tier 4 on 19 July 2013 as I wish to study from the end of September 2013. Biometrics were given on 26 July 2013 and STILL WAITING. I was hoping that I would get a decision from UKBA before 24 Aug 13; so that I could immediately apply for ILR.

I am thinking to send my ILR application on 31 Aug 13 and vary my Tier 4 application to ILR if I don't get a decision on my Tier 4 application from UKBA before 31 Aug 13. But according to this document below (page 32)

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

The application date remains the date of the original application and not the date of the variation. My fear is, will UKBA treat 19 July 13 (date of my Tier 4 application) as the application date for my ILR application even if I send my ILR application on or after 24 Aug 13 (the date I become eligible to apply for ILR) and REFUSE my ILR application on the ground that I applied too EARLY?

Can you please advice? Has anyone got any experience of this kind of situation and varying a pending application to ILR application?

Many thanks

on thing i do not understand if your visa was expiring
on 31/08/2013 and you were becoming eligible for ILR on 24/08/2013 why you made tier 4 application and stuck your self in awkward situation.
as for i understand make ILR application asap before your leave expire and instead varying tier 4 application withdraw it as soon HO takes money form your account.
As for i know one person(METRO3) on forum successfully varied his application i varied my tier 1 application on 19/04/13 first application was made Nov 12 HO send me letter on 06/13 asking me which application
i want to take further i replied them my LR application should be considered which i varied from tier 1 application to preserve my right of LR ILR

As I am intending to study full time from September 2013, I thought I would switch to Tier 4 before I apply for ILR. Let's hope I get a decision from UKBA within next couple of days.

In your case, do you mean you applied for Tier 1 in Nov 12, then varied to ILR on 19/04/2013 when you completed the qualifying period? Have you received a decision on your ILR application yet?

Many thanks

yes i applied for tier 1 Nov12 and varied that application 19/04/13 when i completed 10 years i have not received any decision so for hopefully i will receive it in few weeks but its bit complected withdrawing application is expensive but very easy you going to lose your fee but much quicker and easy any way you can carry on your studies even you have ILR status

[asjid73]

Hi There

I am currently on Tier 2 visa which is expiring on 31 August 2013.
I will be eligible to apply for ILR (10 Yr long residence) on 24 August 2013.
I have received my SAR and everything is OK. No refusals in the last 10 Yrs.

I have made an application for Tier 4 on 19 July 2013 as I wish to study from the end of September 2013. Biometrics were given on 26 July 2013 and STILL WAITING. I was hoping that I would get a decision from UKBA before 24 Aug 13; so that I could immediately apply for ILR.

I am thinking to send my ILR application on 31 Aug 13 and vary my Tier 4 application to ILR if I don't get a decision on my Tier 4 application from UKBA before 31 Aug 13. But according to this document below (page 32)

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

The application date remains the date of the original application and not the date of the variation. My fear is, will UKBA treat 19 July 13 (date of my Tier 4 application) as the application date for my ILR application even if I send my ILR application on or after 24 Aug 13 (the date I become eligible to apply for ILR) and REFUSE my ILR application on the ground that I applied too EARLY?

Can you please advice? Has anyone got any experience of this kind of situation and varying a pending application to ILR application?

Many thanks

on thing i do not understand if your visa was expiring
on 31/08/2013 and you were becoming eligible for ILR on 24/08/2013 why you made tier 4 application and stuck your self in awkward situation.
as for i understand make ILR application asap before your leave expire and instead varying tier 4 application withdraw it as soon HO takes money form your account.
As for i know one person(METRO3) on forum successfully varied his application i varied my tier 1 application on 19/04/13 first application was made Nov 12 HO send me letter on 06/13 asking me which application
i want to take further i replied them my LR application should be considered which i varied from tier 1 application to preserve my right of LR ILR

Dear asjid73, Home Office asked you to withdraw one application?

dear556 they did not ask me to withdraw one application ho ask me which one you want to take further other one will be pending as grounds are varied

[asjid73]

Bro , if you have chance to withdraw your tire 4 appeal and if you think your 10 year residency is straight forward then i think you should just withdraw your appeal . Because there is absolutely no need for that appeal now . It will save a lot of time for ukba and your as well . Just a suggestion .

Dear jony_dhaka, thanks for your opinion, u may be right but I think the guidance u quoted does not apply on me as my application for ILR was accepted first and I appealed later for my Tier 4 refusal. So I think appeal should not be a problem for ILR application. Also my whole case was prepared by a solicitor, he has also written to UKBA that it was mistake on their part to decide my Tier 4 application once the request was made to vary the grounds of Tier 4 with SET O application. He also written that we can withdraw appeal anytime if they proceed with ILR application

Dear cheeta you are 100% right that is very bad example of decision making process from ukba i think the caseworker who decided you tier 4 application was only temp worker employed on £ 7.00 per hour and did not know what he was doing he should asked you which application you want to be considered and which one you want to leave pending as it happened in my case i applied tier 1 and
varied the grounds to ilr as it is the only way if your leave is expired now the only safe way to protect you rights was to appeal that decision and then ask ukba that they made mistake it may take longer but there is no other way wish you best of luck

[saanju9]

Hi,
If I use different address for corresponding.what address home office would use for sending biometric card.actually I am applied for jobs out side London and I may move from my current address.i am mentioning my current address as well because of my bank statements.if I use my current address can I change it later with home office.because this process is sometime taking longer.one more do I need to show my 5 years address because I changed my address so many time during this.and application has only two option for address.i would be grateful if u could help me.

If you are using solicitor, your all correspondence will be through solicitor but if not my advice will be to stick with one address, whatever address you can access and receive your posts and it will be good if this is the same address as written on your current statement. No need to change or show different addresses (I think)

But question is if unlucky I change my address what would be my responsibility .do I need to change with home office if anything like this happened.and please do we need to provide 5 years address history .i changed my address 3 times in 5 years and in the application it has only 2 options.

If you change your address after posting your application. There is an online procedure you can use to inform UKBA.

https://contact-ukba.homeoffice.gov.uk/ ... geAddress/

I think there is no need to show address history but senior can give you better advice.

Go to the post office and redirect all your mail to the new address... cost you £20... and you will have to give 3 weeks or something before they start redirecting your mail... I think it will save all the ifs and buts...

[cheeta]

Bro , if you have chance to withdraw your tire 4 appeal and if you think your 10 year residency is straight forward then i think you should just withdraw your appeal . Because there is absolutely no need for that appeal now . It will save a lot of time for ukba and your as well . Just a suggestion .

Dear jony_dhaka, thanks for your opinion, u may be right but I think the guidance u quoted does not apply on me as my application for ILR was accepted first and I appealed later for my Tier 4 refusal. So I think appeal should not be a problem for ILR application. Also my whole case was prepared by a solicitor, he has also written to UKBA that it was mistake on their part to decide my Tier 4 application once the request was made to vary the grounds of Tier 4 with SET O application. He also written that we can withdraw appeal anytime if they proceed with ILR application

Dear cheeta you are 100% right that is very bad example of decision making process from ukba i think the caseworker who decided you tier 4 application was only temp worker employed on £ 7.00 per hour and did not know what he was doing he should asked you which application you want to be considered and which one you want to leave pending as it happened in my case i applied tier 1 and
varied the grounds to ilr as it is the only way if your leave is expired now the only safe way to protect you rights was to appeal that decision and then ask ukba that they made mistake it may take longer but there is no other way wish you best of luck

Dear asjid73 thanks for your advise, u r right most of the case workers dont know what they are suppose to do. Before submitting appeal for my Tier 4 refusal I consulted 2 solicitors both advised me to appeal against the decision to be on the safe side, therefore I did so.

Same thing happened to another friend of mine, they refused his visa as well when he requested to vary the ground of his earlier application. Now I am worried that my passports and other documents were in possession of Tier 4 department, how can I get this transferred to ILR department? We mentioned this in the application form and on covering letter as well that the BRP and passports are with Tier 4 department. I have also written a letter to ILR department in mid of July and made a request to link my passports with my ILR application but still not sure that it has been linked or not yet. I phoned UKBA today, they told me that they received my letter but cant tell that the passports have been transferred or not also they told me that they r currently working on December applicatgions. please advise
kind regards

[R556]

Bro , if you have chance to withdraw your tire 4 appeal and if you think your 10 year residency is straight forward then i think you should just withdraw your appeal . Because there is absolutely no need for that appeal now . It will save a lot of time for ukba and your as well . Just a suggestion .

Dear jony_dhaka, thanks for your opinion, u may be right but I think the guidance u quoted does not apply on me as my application for ILR was accepted first and I appealed later for my Tier 4 refusal. So I think appeal should not be a problem for ILR application. Also my whole case was prepared by a solicitor, he has also written to UKBA that it was mistake on their part to decide my Tier 4 application once the request was made to vary the grounds of Tier 4 with SET O application. He also written that we can withdraw appeal anytime if they proceed with ILR application

Dear cheeta you are 100% right that is very bad example of decision making process from ukba i think the caseworker who decided you tier 4 application was only temp worker employed on £ 7.00 per hour and did not know what he was doing he should asked you which application you want to be considered and which one you want to leave pending as it happened in my case i applied tier 1 and
varied the grounds to ilr as it is the only way if your leave is expired now the only safe way to protect you rights was to appeal that decision and then ask ukba that they made mistake it may take longer but there is no other way wish you best of luck

Dear asjid73, I had similar situation as you and cheeta but i was asked to withdraw one application and I think this was because I paid full money again for my ILR application. HO doesn't want to refund money so thats why if somebody request variation buy paying full amount they treat varied application as a new. It is quiet strange that for similar situation HO responded in three different ways. It is cearly written in guidance notes that it is case worker responsibility to look at if there is any other application running even to check if second application was made to vary the first one but i think no body bother to go in detail. I've a doubt that by withdrawing the first application my 3C has been broken and it may affect over my ILR application. However this is happened because of HO advice so I think i m on safe side at least can raise this point if anything goes against me.

[z18runway]

Has anyone got idea regarding this :

I got ILR under long residency and applied FLR for my wife along with my application In Jan 2013, I got ILR in july and was waiting for my wife FLR decision, but nearly 7 months finished no reply from them.

I sent my copy of ILR to them to speed up my wife application.

Now caseworker has requested 6 months bank statement of myself and my wife, and payslips of myself and my wife.

Iam preparing to send my payslips and bank statement as my wife dont work.

Has anyone got any idea why the request of extra documents ?

My wife entered as student dependent in 2005 and fall on pre july 2012 rules.
(P.S) I have already sent my 3 months bank statement along with FLR application.

[mjalam143]

Jony_dhaka I send pm but you didn't reply me

[jony_dhaka]

My apology for the late reply brother . Please check your inbox .
Thank you .

Jony_dhaka I send pm but you didn't reply me

[asjid73]

Bro , if you have chance to withdraw your tire 4 appeal and if you think your 10 year residency is straight forward then i think you should just withdraw your appeal . Because there is absolutely no need for that appeal now . It will save a lot of time for ukba and your as well . Just a suggestion .

Dear jony_dhaka, thanks for your opinion, u may be right but I think the guidance u quoted does not apply on me as my application for ILR was accepted first and I appealed later for my Tier 4 refusal. So I think appeal should not be a problem for ILR application. Also my whole case was prepared by a solicitor, he has also written to UKBA that it was mistake on their part to decide my Tier 4 application once the request was made to vary the grounds of Tier 4 with SET O application. He also written that we can withdraw appeal anytime if they proceed with ILR application

Dear cheeta you are 100% right that is very bad example of decision making process from ukba i think the caseworker who decided you tier 4 application was only temp worker employed on £ 7.00 per hour and did not know what he was doing he should asked you which application you want to be considered and which one you want to leave pending as it happened in my case i applied tier 1 and
varied the grounds to ilr as it is the only way if your leave is expired now the only safe way to protect you rights was to appeal that decision and then ask ukba that they made mistake it may take longer but there is no other way wish you best of luck

Dear asjid73, I had similar situation as you and cheeta but i was asked to withdraw one application and I think this was because I paid full money again for my ILR application. HO doesn't want to refund money so thats why if somebody request variation buy paying full amount they treat varied application as a new. It is quiet strange that for similar situation HO responded in three different ways. It is cearly written in guidance notes that it is case worker responsibility to look at if there is any other application running even to check if second application was made to vary the first one but i think no body bother to go in detail. I've a doubt that by withdrawing the first application my 3C has been broken and it may affect over my ILR application. However this is happened because of HO advice so I think i m on safe side at least can raise this point if anything goes against me.

Dear R556 I am shocked there is so much confusion regarding the process of varying the grounds of application 1-guidance say you have to pay only fee difference between two applications but there is no way to do that and if you try to pay less then whatever it says on application form your application will return invalid 2-some applicant got there first applications refused even variation is based on first application 3- some applicant were asked which application they want to be considered and some were advised to withdraw one application even variation is only valid if there is a outstanding application is to vary it 4-applicants passports and some documents stay with first application and some with variation application and there are no guidance how ho reunite all this.5 Ho says when you ask for variation date of application stays the date of first application and on other hand in LR guidance say you can vary your outstanding application to long residence application once you completed your ten years. I am so confused and worried may be some can shed some light on it

[xshayaanx]

I think someone has screwed latest cells by mistake on the spread sheet!!!!!!

People if you don't know how to work on a spread sheet ask someone to do it for you!!!

This is the only way we can keep track of UKBA's progress.

Actually, anyone can delete the spreadsheet (for whatever reasons!), erm may be by accident! I think , we should have a copy of this on our computers if it happens! I am being cynical here

[Damanisshallo]

@xshayaanx

Someone has opened the spread sheet in Excel rather than Browser. Who ever it is, will have to close their application.

NB: Please try to amend the spread sheet within the browser to avoid locking.

[jony_dhaka]

I think it was done by a chick. This is what happen when you piss them off and they start messing around with our life

I think someone has screwed latest cells by mistake on the spread sheet!!!!!!

People if you don't know how to work on a spread sheet ask someone to do it for you!!!

This is the only way we can keep track of UKBA's progress.

Actually, anyone can delete the spreadsheet (for whatever reasons!), erm may be by accident! I think , we should have a copy of this on our computers if it happens! I am being cynical here

[asjid73]

Bro , if you have chance to withdraw your tire 4 appeal and if you think your 10 year residency is straight forward then i think you should just withdraw your appeal . Because there is absolutely no need for that appeal now . It will save a lot of time for ukba and your as well . Just a suggestion .

Dear jony_dhaka, thanks for your opinion, u may be right but I think the guidance u quoted does not apply on me as my application for ILR was accepted first and I appealed later for my Tier 4 refusal. So I think appeal should not be a problem for ILR application. Also my whole case was prepared by a solicitor, he has also written to UKBA that it was mistake on their part to decide my Tier 4 application once the request was made to vary the grounds of Tier 4 with SET O application. He also written that we can withdraw appeal anytime if they proceed with ILR application

Dear cheeta you are 100% right that is very bad example of decision making process from ukba i think the caseworker who decided you tier 4 application was only temp worker employed on £ 7.00 per hour and did not know what he was doing he should asked you which application you want to be considered and which one you want to leave pending as it happened in my case i applied tier 1 and
varied the grounds to ilr as it is the only way if your leave is expired now the only safe way to protect you rights was to appeal that decision and then ask ukba that they made mistake it may take longer but there is no other way wish you best of luck

Dear asjid73 thanks for your advise, u r right most of the case workers dont know what they are suppose to do. Before submitting appeal for my Tier 4 refusal I consulted 2 solicitors both advised me to appeal against the decision to be on the safe side, therefore I did so.

Same thing happened to another friend of mine, they refused his visa as well when he requested to vary the ground of his earlier application. Now I am worried that my passports and other documents were in possession of Tier 4 department, how can I get this transferred to ILR department? We mentioned this in the application form and on covering letter as well that the BRP and passports are with Tier 4 department. I have also written a letter to ILR department in mid of July and made a request to link my passports with my ILR application but still not sure that it has been linked or not yet. I phoned UKBA today, they told me that they received my letter but cant tell that the passports have been transferred or not also they told me that they r currently working on December applicatgions. please advise
kind regards

I think this is the best you can do. now we all wait and see how ho deals with our cases its really depends on caseworker or casework flow team if some one who is going to deal with our cases is well experienced every thing will go smoothly and we will get ilr Insha allaha otherwise long wait i know some one on the forum told his story it took him two years to get his ilr with same situation he varied his application God bless all us.