ILR- 10 years route

[Dave_David]

Hi All,


There's quick question regarding my ILR application.

1. UK Student Visa was issued on 14-09-2002 and came in UK on 04-10-2002. Until 2009 i was renewing my student visa and I get my HSMP approved in september 2009 which will be valid until 14th Septmeber 2012.
Am, I am eglibile for my 10 years ILR route? If yes, then on which date onwards i can apply for my visa?As there are no criminal records.

2. I have visited France in April 2003 for 3 days but I don't know exact dates, visa was issued on 10/04/2003 until 11/06/2003. While returning back from France to UK, immigration officer has not put date of entry.
What shall I mentioned in application form?

Please if some one can able to guide me in right direction before i apply application.

Kind Regards

[asim72]

You can apply on the tenth anniversary of your arrival in UK. (actually 28 days before your 10th anniversary).

You know your arrival date back into UK from france. Just put departure date to the best of your knowledge.

[Dave_David]

You can apply on the tenth anniversary of your arrival in UK. (actually 28 days before your 10th anniversary).

You know your arrival date back into UK from france. Just put departure date to the best of your knowledge.

Thank you for your reply. That's some really positive answer.

If also advise me which all documents I require for my file. Any covering letter if required please advise me on that also please.

Many Thanks

[asim72]

Application form, passport and LiUK test pass. Nothing else is required. No need for a covering letter.

[jaberdene]

Hi All,


There's quick question regarding my ILR application.

1. UK Student Visa was issued on 14-09-2002 and came in UK on 04-10-2002. Until 2009 i was renewing my student visa and I get my HSMP approved in september 2009 which will be valid until 14th Septmeber 2012.
Am, I am eglibile for my 10 years ILR route? If yes, then on which date onwards i can apply for my visa?As there are no criminal records.

2. I have visited France in April 2003 for 3 days but I don't know exact dates, visa was issued on 10/04/2003 until 11/06/2003. While returning back from France to UK, immigration officer has not put date of entry.
What shall I mentioned in application form?

Please if some one can able to guide me in right direction before i apply application.

Kind Regards

you are not eligible for ILR.

[asim72]

and why is he not eligible?

[wpilr_nov12]

Hi All,


There's quick question regarding my ILR application.

1. UK Student Visa was issued on 14-09-2002 and came in UK on 04-10-2002. Until 2009 i was renewing my student visa and I get my HSMP approved in september 2009 which will be valid until 14th Septmeber 2012.
Am, I am eglibile for my 10 years ILR route? If yes, then on which date onwards i can apply for my visa?As there are no criminal records.see below

2. I have visited France in April 2003 .... no big deal, just use a close enough date

.....

Kind Regards

Your entry date 4/10/2002
10 years on 4/10/2012
28 days begins 6/9/2012
Current leave expires 14/9/2012
Application postmark window 6/9 to 14/9.

If you apply during your postmark window, your application will be in- time, and should benefit from 3C protection.

[jaberdene]

and why is he not eligible?

Your entry date 4/10/2002
10 years on 4/10/2012

Current leave expires 14/9/2012 : It means he wont be 10 years when his leave ended 14/09/2012.

28 rules only apply he qualifies for 10 years.

[Lucapooka]

28 rules only apply he qualifies for 10 years.

The guidance permits applicants to submit their application no earlier than days before the end of their qualifying period. It does not demand that, in doing so, their leave would have continued beyond the submission date to actually complete or go beyond the qualifying residence period. This is a standard treatment with settlement applications in all categories.

[Dave_David]

Does it mean that am I eligible for my 10 years ILR application?

28 rules only apply he qualifies for 10 years.

The guidance permits applicants to submit their application no earlier than days before the end of their qualifying period. It does not demand that, in doing so, their leave would have continued beyond the submission date to actually complete or go beyond the qualifying residence period. This is a standard treatment with settlement applications in all categories.

[Dave_David]

Hi All,


There's quick question regarding my ILR application.

1. UK Student Visa was issued on 14-09-2002 and came in UK on 04-10-2002. Until 2009 i was renewing my student visa and I get my HSMP approved in september 2009 which will be valid until 14th Septmeber 2012.
Am, I am eglibile for my 10 years ILR route? If yes, then on which date onwards i can apply for my visa?As there are no criminal records.see below

2. I have visited France in April 2003 .... no big deal, just use a close enough date


As per your advise if I apply on 6 or after 6/09/201. Then I will qualify for my ILR. Is it true?
.....

Kind Regards

Your entry date 4/10/2002
10 years on 4/10/2012
28 days begins 6/9/2012
Current leave expires 14/9/2012
Application postmark window 6/9 to 14/9.

If you apply during your postmark window, your application will be in- time, and should benefit from 3C protection.

[wpilr_nov12]

What is true or not is meaningless if you don't see the limited window of opportunity, stressing on the word 'window'.

[jaberdene]

Does it mean that am I eligible for my 10 years ILR application?

28 rules only apply he qualifies for 10 years.

The guidance permits applicants to submit their application no earlier than days before the end of their qualifying period. It does not demand that, in doing so, their leave would have continued beyond the submission date to actually complete or go beyond the qualifying residence period. This is a standard treatment with settlement applications in all categories.

I think you (Lukapooka) are wrong, you MUST have enough leave to build 10 years!!!!!

Have a look following pharagraph (Long residence Guidance page 19-20)
A person cannot make a fresh application for leave while they have 3C or 3D leave pending the outcome of a decision on their outstanding application. This means that someone who reaches the 10 year threshold during this leave cannot apply for indefinite leave.

[jaberdene]

Your entry date 4/10/2002
10 years on 4/10/2012
28 days begins 6/9/2012
Current leave expires 14/9/2012
Application postmark window 6/9 to 14/9.

If you apply during your postmark window, your application will be in- time, and should benefit from 3C protection.

Read the post just above.

[Dave_David]

Does it mean that am I eligible for my 10 years ILR application?

So if still apply on 06/09 or on 07/09/2012. Will my application still be valid?

28 rules only apply he qualifies for 10 years.

The guidance permits applicants to submit their application no earlier than days before the end of their qualifying period. It does not demand that, in doing so, their leave would have continued beyond the submission date to actually complete or go beyond the qualifying residence period. This is a standard treatment with settlement applications in all categories.

I think you (Lukapooka) are wrong, you MUST have enough leave to build 10 years!!!!!

Have a look following pharagraph (Long residence Guidance page 19-20)
A person cannot make a fresh application for leave while they have 3C or 3D leave pending the outcome of a decision on their outstanding application. This means that someone who reaches the 10 year threshold during this leave cannot apply for indefinite leave.

[Tier 4]

A person cannot make a fresh application for leave while they have 3C or 3D leave pending the outcome of a decision on their outstanding application.

3.2. Applications lodged during leave under sections 3C and 3D

It is possible to vary the grounds of an application already made,
even by introducing something completely new.

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

[upoupo]

does anyone know anybody with 8 days or similar shortfall to make 10 years and the outcome of settlement application? I had 8 days short, i just did the application. I don't know what will be the outcome.

[Lucapooka]

It is, in any case, permitted to apply up to 28 days sooner that the end of the 10 year period.

[upoupo]

please post if anyone knows any 'Real Case' with few days shortfall.

[sufferhead]

Hi All,


There's quick question regarding my ILR application.

1. UK Student Visa was issued on 14-09-2002 and came in UK on 04-10-2002. Until 2009 i was renewing my student visa and I get my HSMP approved in september 2009 which will be valid until 14th Septmeber 2012.
Am, I am eglibile for my 10 years ILR route? If yes, then on which date onwards i can apply for my visa?As there are no criminal records.

2. I have visited France in April 2003 for 3 days but I don't know exact dates, visa was issued on 10/04/2003 until 11/06/2003. While returning back from France to UK, immigration officer has not put date of entry.
What shall I mentioned in application form?

Please if some one can able to guide me in right direction before i apply application.

Kind Regards

Firstly, I have seen somebody with identical situation and got his ILR, so on this I disagree with Jaberdene and anybody that says you are not eligible . I will advice you to apply between 07/09/2012 and 12/09/2012, all you need for application are LIUK, Passport for all the period, application form and fees. Also, not essential but to top-up all important letters from institution or UK government department throughout these period.
You may like to see this ( page 12 last paragraph).

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

[sufferhead]

@Dave_David

So start filling your application straight away and good luck

[upoupo]

thanks sufferheads, its good to know that you saw a success with similar situation. I was scared seeing jaberedane's post. Your help is appreciated for those who got few days short to make 10th anniversary

[jaberdene]

It is, in any case, permitted to apply up to 28 days sooner that the end of the 10 year period.

I think you misunderstood the 28 days rule.

"permitted to apply up to 28 days sooner that the end of the 10 year period" - It doesnt mean you can be 28 or less days short from 10 years. It means if you QUALIFY long residence then you can apply within last 28 days before the day you reach your 10 years.

I give you clear example. Football match will kick off 19:45, but fans can come to the stadium before 28 minutes to start the match. It doesnt mean the game may start between 19:27 and 19:45.the rule is the game must start 19:45.

cheers

[jaberdene]

A person cannot make a fresh application for leave while they have 3C or 3D leave pending the outcome of a decision on their outstanding application.

3.2. Applications lodged during leave under sections 3C and 3D

It is possible to vary the grounds of an application already made,
even by introducing something completely new.

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

everything you wrote here is correct. but it is not relevant to OP's case.

but it may be used following case!!!
he obviously can apply leave to remain (not indefinite leave) to complete his 10 years. if this application triggers 3C leave and he reached his 10 years during this leave then he can change his ground as long residence. but he still get leave to remain (not indefinite leave). But he cannot change his leave to remain application into indefinite leave to remain application during this period (3C leave period) . Thats for sure,

cheers

[jaberdene]

Hi All,


There's quick question regarding my ILR application.

1. UK Student Visa was issued on 14-09-2002 and came in UK on 04-10-2002. Until 2009 i was renewing my student visa and I get my HSMP approved in september 2009 which will be valid until 14th Septmeber 2012.
Am, I am eglibile for my 10 years ILR route? If yes, then on which date onwards i can apply for my visa?As there are no criminal records.

2. I have visited France in April 2003 for 3 days but I don't know exact dates, visa was issued on 10/04/2003 until 11/06/2003. While returning back from France to UK, immigration officer has not put date of entry.
What shall I mentioned in application form?

Please if some one can able to guide me in right direction before i apply application.

Kind Regards

Firstly, I have seen somebody with identical situation and got his ILR, so on this I disagree with Jaberdene and anybody that says you are not eligible . I will advice you to apply between 07/09/2012 and 12/09/2012, all you need for application are LIUK, Passport for all the period, application form and fees. Also, not essential but to top-up all important letters from institution or UK government department throughout these period.
You may like to see this ( page 12 last paragraph).

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

if someone got ILR then good. If OP will get ILR then good. Im just making him aware of the thing which Ive been saying here.