10 years long residence applications

[khani]

All those who are applying on under 3c , 3d, since there is no guideline or clear HO instructions, the only way to do is, apply for ILR and at the same time withdraw the case tp avoid being overstayed ??? Another option is to send application without withdrawing and wait for the HO response, in that case HO can send the application back as invalid since there is a pending appeal.

How about for those who didnt have the removal A47 section when they were refused their last application. In that case, they can apply for fresh application in any other category within 28 days after the pending appeal decision. One solicitor I spoke to said that you cannot apply for ILR in that case, he said that the whole period of 3c , 3d stands void once you have received the judgment, and wont count towards continuous legal residence although you can apply in any other category. For 3c, 3d to take effects your case has to be in progress.

any comments ??
Hi there
y solicitor told me that 3c and 3d is considered legal stay. In my case my appeal was dismissed in the first tribunal but judge gave me right of appeal in upper tribunal but as you said home office can return your application.So my solicitor advised me wait ten days and right next day I sent my application so 28 days is disregarded b,y home office anyway. Secondly my solicitor asked me to send bankers draft by leaving no chance of invalidity. I am upset by your statement that 3c and 3d should be in progress. Don't you think by sending application in this condition we are in 3c.
any comments from experts
raaz


thanks

I was not given any information regarding this because when you withdraw your appeal that means you accept home office decision and when you don't lodgr appeal you accept the same decision. I will confirm but I am sure that is not the case.God knows best

How did you apply then, after being dismissed for FTT ??? You have the right of appeal but you sent ILR instead after 10 days ???

[Hardikjshah83]

Hi

Anyone know about the Gap effect on application ??? I applied for tier 4 extension in 2008 before my visa expiry date, but few days later HO retrurn my application as invalid as I forgot to fill the criminal part of application. They asked me to fill it and return, i did the same but cant remember when I sent my application again it was before or after expiry of my visa.


thanks

You ate allowed 28 days gap. So if you have returned your file within 28 days it should be allowed by HO.

If you not sure you can ask HO to provide all your immigration history in FOI request by providing your details.

This way they will send all your applications case worker notes etc . Whatever they have on file for you . You can then determine when you have returned your application.


Hello Hardikjshah ,

28 days gap are allowed from which date ? the date your visa expired or the date you recieved your application as INVALID ? ....if 28 days are allowed the date your visa applied then there may be so many circumstances which may delay the application :- like postal services stike , slow delivery .....in my case i am not remember exactly but my application came back to me as invalid ( because the payment was not deducted as i have lost my credit card the next day i applied for extension with in the date ) However i have sent the cheque straighaway to the day i lost my credit card and cheque was cleared too before i recieved an INVALID application ....

so in short my question is the 28 days start from the date your visa expired or the date you recieved your application as INVALID , Please explain it as soon as possible ...thanks



I have requested that way.

Hi - in my understanding the 28 days classed from the date you have your documents returned.. however i would request one of the expert to comment here.

[Hardikjshah83]

for all the people who is waiting for the answer on 3C & 3D.. i think my case could be a guinea pig case.

in brief :Entered to Uk in Jan 2004
March 2009 changed to Student Dependant
July 2011 - changed to Tier 1 General - Mail Applicant
July 2013 - REFUSED Tier 1 General Extension with rights of appeal.
Aug 2013 - IN time Appeal submitted and appeal date received for August 2014

January 2014 - Eligible for ILR, however currently an appeal is pending with Tribunal, reading various people's experience and options and after consulting my solicitor This mornign we withdraw our appeal by Fax (with confirmation of document sent) and sent the ILR application today.

Aparantly there are 2 different ways you can approach with 3C & 3D...

1. - submit further grounds of appeal that you have qualified with your LIUK & English qualification - wait for the the decision of the appeal - Pros : No ILR application fees, Cons : judge will look at the fact that your original application was valid, and if so then only you get your ILR, however if you get refused for ILR you may not get rights of appeal.

2. Withdraw your appeal via fax, and submit a fresh application for ILR with the note that you have withdrawn your appeal (attach confirmation if you want to) wait 6 months - Pros : in case you get refused you will get rights of appeal, case worker should know your exercise of 3C & 3D is valid stay, if not you can always explain in tribunal in appeal Cons : you will have to pay application fees.

either way my suggestion is always to consult solicitor and go via them.

Can someone add my case on SKYDRIVE please, with a breif note of my time with 3C & 3D to guild others.
Application Sent : 22/1/14
confiramton received : Waiting
Bio letter received : waiting
Bio enrolled : waiting
and all the rest waiting..

[k79]

no good news last 2 days????????

[Shahkakaram]

[/b][/b]Hello Hardikjshah ,

28 days gap are allowed from which date ? the date your visa expired or the date you recieved your application as INVALID ? ....if 28 days are allowed the date your visa applied then there may be so many circumstances which may delay the application :- like postal services stike , slow delivery .....in my case i am not remember exactly but my application came back to me as invalid ( because the payment was not deducted as i have lost my credit card the next day i applied for extension with in the date ) However i have sent the cheque straighaway to the day i lost my credit card and cheque was cleared too before i recieved an INVALID application ....

so in short my question is the 28 days start from the date your visa expired or the date you recieved your application as INVALID , Please explain it as soon as possible ...thanks

[/i][/b]

I have requested that way.[/quote][/quote]

Hi - in my understanding the 28 days classed from the date you have your documents returned.. however i would request one of the expert to comment here.[/quote]


Thanks Hardikjshah ,

I also think that 28 days classed from the date you have got the application as INVALID , However i have read the invalid letter which UKBA always send you with all your other documents , No where in the letter saying that you have to apply with in 28 days from the issue of this letter , They only mention send a valid application with the fees review ...

Please any one expert can higlight or give their suggestion ?


Thanks ,

[akb titu]

no good news last 2 days????????

no good news for me nearly last 6 months, trying to be funny but its killing me so frustrated n so depressed that cant even go to work.pray for us o all dear brothers n dont know if the cover letter causing delay ,stupid lawyer tried to potray me britishness in cover letter now my visa is even stuck lol

[k79]

no good news last 2 days????????

no good news for me nearly last 6 months, trying to be funny but its killing me so frustrated n so depressed that cant even go to work.pray for us o all dear brothers n dont know if the cover letter causing delay ,stupid lawyer tried to potray me britishness in cover letter now my visa is even stuck lol

same situation my dear brother, hopefully we will get good news very soon.

[raaz0800]

All those who are applying on under 3c , 3d, since there is no guideline or clear HO instructions, the only way to do is, apply for ILR and at the same time withdraw the case tp avoid being overstayed ??? Another option is to send application without withdrawing and wait for the HO response, in that case HO can send the application back as invalid since there is a pending appeal.

How about for those who didnt have the removal A47 section when they were refused their last application. In that case, they can apply for fresh application in any other category within 28 days after the pending appeal d



ecision. One solicitor I spoke to said that you cannot apply for ILR in that case, he said that the whole period of 3c , 3d stands void once you have received the judgment, and wont count towards continuous legal residence although you can apply in any other category. For 3c, 3d to take effects your case has to be in progress.

any comments ??
Hi there
y solicitor told me that 3c and 3d is considered legal stay. In my case my appeal was dismissed in the first tribunal but judge gave me right of appeal in upper tribunal but as you said home office can return your application.So my solicitor advised me wait ten days and right next day I sent my application so 28 days is disregarded b,y home office anyway. Secondly my solicitor asked me to send bankers draft by leaving no chance of invalidity. I am upset by your statement that 3c and 3d should be in progress. Don't you think by sending application in this condition we are in 3c.
any comments from experts
raaz


thanks

I was not given any information regarding this because when you withdraw your appeal that means you accept home office decision and when you don't lodgr appeal you accept the same decision. I will confirm but I am sure that is not the case.God knows best

Yes because according to my solicitor if I send application within ten days home office may return my application by saying you have time to lodge your appeal and ask your solicitor where in home office guidline it says 3c is invalid if your appeal is dismissed and you apply in long residence category. Trust me I am very upset. My ten years were completed on 10th september but I was waiting for decision and also I passed my life in the uk test during this time. Oh God help us in this situation as YOU are the only resort of us.
Raaz

[khani]

Raaz
You should be alright, I think since there is no clear guideline from HO on this, thats why solicitors adopt their own way to lodge the application, you should have applied and withdraw your case at the same time like most of these solicitors are practicing, but i am sure your application would be fine.

[rommy]

Hi guy, Just a quick note from silent reader. I have received my ILR on 21/01/14. I applied on 19/09/13 and had bio done on 18/10/2013. So in total 4 months time. Good luck to everyone waiting for their decision

[derrick]

Silent reader - been reading this thread everyday. It seems that not many September applications have been processed

ILR 10 years application sent: 03/09/2013
Acknowledgement letter dated: 05/09
Bio Sent 03/10/13
Bio Done 04/10/13
Still waiting for results

[dinka]

Congs rommy. I applied a day before u. Done bio on same day as u. Im still waiting. I hope I get some good news soon. How was your case. Was it straightforward?
God bless and thanks for you msg.

[dinka]

Congs rommy. I applied a day before u. Done bio on same day as u. Im still waiting. I hope I get some good news soon. How was your case. Was it straightforward?
God bless and thanks for you msg.

[nomcorpio]

hi!
Would someone plz update skydrive
application date:5/09/2013
bio:22/09/2013
approval date & biometric card:21/01/2014
best of luck to all waiting

[fahmeeda52]

Hi
I came to the UK in 2003 on student visa, covert to PSW visa, now I am on HSMP visa and living in uk from 10 years. So on 4th September 2013, I applied for ILR on 10 years basis. Do you have any idea, how long it will take?

Details:

Application sent: 4/09/13
Ackowledgement & Biometric received : 20/10/2013
Biometric enrolled: 24/09/13
Now waiting: Documents & ILR

Thanks

Hi Fahmeeda52,

The Home Office state that they process 95% of their postal applications within 6 months -
http://www.ukba.homeoffice.gov.uk/visas ... tingtimes/

I know from personal experience that a lot of my friends who applied for their 10 year ILR in 2012 had to wait for 8 months on average, however 2013 applicants have been more fortunate as it appears from the anecdotal evidence on this forum and our skydrive, that processing times have been reduced to between 4 - 5 months now.

Going by that trend, I would have expected August applications to have been completed by Dec 31st, but it appears the Christmas period has caused a slight delay (understandably) and we are still seeing August application approvals trickling in.

It appears that September applications are now being approved however, as several people on this forum who applied around a similar time to you have received their documents back, so I would hope that you receive your approval in the next 2 weeks (obviously assuming your application was valid and there are no complications)
* fingers crossed *

I am a September applicant too, so hopefully wont have to wait much longer either! All the best

Nik

Hi Nik

First of all thanks a lot for detailed answer. I also noticed most of people in this forum who applied in September, they start receiving their ILR approval & documents.
You are right we receive our approval any time in the next 2 weeks. Inshah Allah (fingers crossed).
I will pray for you. Thanks again

[Hardikjshah83]

further to this.. i think people who applied in 2014 will have more better corrspondance then our predecessor, mainly becuase this NEW SERVICE STANDARD INTODCUED on 01/01/14

it says on their website on this page http://www.ukba.homeoffice.gov.uk/sitec ... 22-service

Following feedback from customers and partners, UKVI service standards have changed for applications made within the UK since 1 January 2014.

Processing times for straightforward applications are listed below. If your application is more complex and a decision cannot be made within that time, we will write to you to explain what happens next.
Applications received before 1 January 2014 will remain subject to the standards in force at the time they were submitted.

Processing times for applications made within the UK
Customers applying in the UK to remain permanently (or naturalise as British) and applicants from Turkey and Croatia to live, study or work
6 months

[xincognito]

Application Sent: 21/01/2014
Payment Taken out : 23/01/2014
Acknowledgement letter:
Biometrics letter received:
Biometrics enrolled:
Approval:

[britbanker]

Hi guy, Just a quick note from silent reader. I have received my ILR on 21/01/14. I applied on 19/09/13 and had bio done on 18/10/2013. So in total 4 months time. Good luck to everyone waiting for their decision

Fantastic news rommy, we applied on the same date and I provided my biometrics just 3 days after you, so hopefully I should hear some good news soon too!

Enjoy your freedom and thanks for getting back to us.

Nik

[CKP]

Hi,

I am going to apply for ILR based on 10 year long residency.

My time Line is as following:
5 years on student visa (did PhD), 1 year on PSW and 4 Years on Tier 1 General.

When I was student I had applied for student visa extension on time. I have applied 28 days before the expiry date of my student visa (expiry date was 30th April 2005, extension application date was 4th April 2005). I received my passport on 5th may 2005 with visa issue date 3rd May 2005.

Have I done overstay for 3 days as my visa was expired on 30th April 2005?

Gurus and seniors please reply.

Thanks

[MrA2Z]

Someone requested information from home office about number of applications in September under the right of information act. On 14th January, they replied back. Nearly 1100 applications were received in September out of which 85 have been processed. I applied on 25th of Sep. Hopefully we will get in February.

Hi
I came to the UK in 2003 on student visa, covert to PSW visa, now I am on HSMP visa and living in uk from 10 years. So on 4th September 2013, I applied for ILR on 10 years basis. Do you have any idea, how long it will take?

Details:

Application sent: 4/09/13
Ackowledgement & Biometric received : 20/10/2013
Biometric enrolled: 24/09/13
Now waiting: Documents & ILR

Thanks

Hi Fahmeeda52,

The Home Office state that they process 95% of their postal applications within 6 months -
http://www.ukba.homeoffice.gov.uk/visas ... tingtimes/

I know from personal experience that a lot of my friends who applied for their 10 year ILR in 2012 had to wait for 8 months on average, however 2013 applicants have been more fortunate as it appears from the anecdotal evidence on this forum and our skydrive, that processing times have been reduced to between 4 - 5 months now.

Going by that trend, I would have expected August applications to have been completed by Dec 31st, but it appears the Christmas period has caused a slight delay (understandably) and we are still seeing August application approvals trickling in.

It appears that September applications are now being approved however, as several people on this forum who applied around a similar time to you have received their documents back, so I would hope that you receive your approval in the next 2 weeks (obviously assuming your application was valid and there are no complications)
* fingers crossed *

I am a September applicant too, so hopefully wont have to wait much longer either! All the best

Nik

Hi Nik

First of all thanks a lot for detailed answer. I also noticed most of people in this forum who applied in September, they start receiving their ILR approval & documents.
You are right we receive our approval any time in the next 2 weeks. Inshah Allah (fingers crossed).
I will pray for you. Thanks again

[MrA2Z]

No mate, it would have been overstay if you would have applied after 30th April 2005. Once the application has been posted before expiry date, it is not overstay. Overstay is linked to the application date not the visa issue date. So chill out and apply for ILR. Wish you Good luck

Hi,

I am going to apply for ILR based on 10 year long residency.

My time Line is as following:
5 years on student visa (did PhD), 1 year on PSW and 4 Years on Tier 1 General.

When I was student I had applied for student visa extension on time. I have applied 28 days before the expiry date of my student visa (expiry date was 30th April 2005, extension application date was 4th April 2005). I received my passport on 5th may 2005 with visa issue date 3rd May 2005.

Have I done overstay for 3 days as my visa was expired on 30th April 2005?

Gurus and seniors please reply.

Thanks

[esmsi]

Just Waiting

[MrA2Z]

Just Waiting

I just made a request for the processed number of applications in September and August.

[raihankhandaker]

Hi,

I am going to apply for ILR based on 10 year long residency.

My time Line is as following:
5 years on student visa (did PhD), 1 year on PSW and 4 Years on Tier 1 General.

When I was student I had applied for student visa extension on time. I have applied 28 days before the expiry date of my student visa (expiry date was 30th April 2005, extension application date was 4th April 2005). I received my passport on 5th may 2005 with visa issue date 3rd May 2005.

Have I done overstay for 3 days as my visa was expired on 30th April 2005?

Gurus and seniors please reply.

No you are fine.

Thanks

[raihankhandaker]

hi Guys,

1. Applied 18th January 2010. (Expired 30th january 2010).
2. 5th May 2010 Return application as invalid, cant take money.
3. 12th May 2010 post (after 7 days) fresh application.
4. 4th June 2010 money taken and reference number given and return application as invalid as CAS missing.
5. 22nd June 2010 (after 18 days) repost again with CAS.
6.9th July 2010 Visa Issue.

Does it make any overstay on my 10 years long residency. On my SAR 9th July Minute note its written that application valid and in time. Plz need some advice.

Thnx