Long residency application

[abz79]

Hi there
I came in UK 24th Oct 2005 as a student. I have done extension several times as a student.in 2010 I refused to tier 4 visa then appeal and win .
In 2013 June I applied for tier 4 visa again but refused and appeal .my first tier tribunal refused and asked for permission to upper tribunal.but unfortunately got rejection and there is no further right to appeal.issue date of 27th July but received 30th July 2015.
Now I have 28 days in my hand to make a fresh application. My 10 years will complete on 24th October 2015 . Researching from this forum I realised my 3c leave expired on the date of refusal letter issued.
I went to few experts and they advice different options. I know this forum is really very helpful.
After 3c leave if anyone apply fresh application within 28 days does it count towards long residency?
I will be grateful if anyone suggest me what to do next.if I submit long residency application and delay bio then how many bio I can miss?
Many thanks in advance

[Obie]

When you are invited for Bio, you are given 15 Working days to enrol it, after that, your application is invalid.

ILR application should be made 28days priror to your qualification, although some have reporterd qualification before

Have your acquired KOLL and English Language at B1 yet.

[Casa]

When you are invited for Bio, you are given 15 Working days to enrol it, after that, your application is invalid.

ILR should be made 28days priror to your qualification.

Have your acquired KOLL and English Language at B 2 yet.

B1 level isn't it Obie?

[Obie]

B1 , correct Casa, the weekend its taking its toll.

[Casa]

Me too....

[abz79]

When you are invited for Bio, you are given 15 Working days to enrol it, after that, your application is invalid.

ILR application should be made 28days priror to your qualification, although some have reporterd qualification before

Have your acquired KOLL and English Language at B1 yet.

Hi there
I have done lituk test and I have got a bachelor degree from UK.
@ obie. My 28 days will be finished on 23 of august.so I think ho will send bio letter within a week I guess.
After fresh application I need 7 weeks to cover.
If I miss 1st bio r they not send another ?
Btw if u guys suggest the best way to sort this out I will really appreciate it.
can u also plz confirm the documents what I need to submit with the application? Btw my passport are already in ho.
Thanks again

[riz1986]

u r eligible on 26 sep for ILR ................if ur 28 days overstay finish on 23 aug n u apply say 20 aug ....n den hv 15 working days for bio n do it on 13th or 14th n by da tym it reach caseworker desk it wuld be well over 26 sep .....jus make sure everything is complete I terms of application.....or make a FLR (FP) application n den vary to Set (LR) after finishing 10 yr

[abz79]

u r eligible on 26 sep for ILR ................if ur 28 days overstay finish on 23 aug n u apply say 20 aug ....n den hv 15 working days for bio n do it on 13th or 14th n by da tym it reach caseworker desk it wuld be well over 26 sep .....jus make sure everything is complete I terms of application.....or make a FLR (FP) application n den vary to Set (LR) after finishing 10 yr

@ riz:
Thanks for ur reply.well still I m little bit confused.i heard 28 days overstay period can be used once in whole 10 years. As I am using it on August 23rd , r they consider it on September 26 again?
Or they refuse me Due to early application?

[Obie]

I am not sure who ever advised you , but that is not correct at all.

You have to be extremely careful as you could lose out if you don't focus on the application and ensure it is not invalidated.

[abz79]

I am not sure who ever advised you that is correct at all.

You have to be extremely careful as you could lose out if you don't focus on the application and ensure it is not invalidated.

Hi there
After 3c leave expire if anyone apply fresh application within 28 days what would be his current immigration status in UK?

[vinny]

Status would be an overstayer.

[Zee ali]

I am not sure who ever advised you that is correct at all.

You have to be extremely careful as you could lose out if you don't focus on the application and ensure it is not invalidated.

Hi there
After 3c leave expire if anyone apply fresh application within 28 days what would be his current immigration status in UK?

Focus on what @Obie said. be Very careful when making 2nd application in 28 days time. Should apply flr fp and than vary it to set lr when u r eligible for 10 years ILR (28 days early from date of entry).

[abz79]

Status would be an overstayer.

hi there
because of the confusion i m doing set LR.few solicitor said flr(fp) is not right for me coz i am single.they advised me to do flr(o).
some advise for flr(fp). it is really complicated to take decision on that situation.
btw two of my friends got ilr by applying long residency before completing the qualifying period. they had got about 4 months short of 10 years.
thanks for all the advice.there are few more question regarding set lr application form.
1.there is a question whether i enclosed passport or not? my passport are in ho.
if i say no there is no option to say its in ho.do i write down this in cover letter or make a box in the application form?
2. do i need to register for health surcharge?
3. when does current leave expires ? does it mean last visa expired date or does it mean when 3c leave expired?

many thanks in advance.

[vinny]

1. Probably cover letter.
2. Probably yes, if you are applying for limited leave and not exempted.
3. When Section 3C finishes.

[quantum1]

I am not sure who ever advised you that is correct at all.

You have to be extremely careful as you could lose out if you don't focus on the application and ensure it is not invalidated.

Hi there
After 3c leave expire if anyone apply fresh application within 28 days what would be his current immigration status in UK?

Focus on what @Obie said. be Very careful when making 2nd application in 28 days time. Should apply flr fp and than vary it to set lr when u r eligible for 10 years ILR (28 days early from date of entry).

How does this work. Even if op vary the application according to the rules date of application is the date of initial application. So varying an application after is the same as sending an application before 28 days. It will fail

[abz79]

1. Probably cover letter.
2. Probably yes, if you are applying for limited leave and not exempted.
3. When Section 3C finishes.

Is there any appeal right if ho refuse long residency application ?
How home office count 28 days? Do they consider decision date and go backward?

[abz79]

Hi there
I been applied for set lr on 21st of august.
ho received my application on 24th August
didn't receive any acknowledgement letter or brp invitation.
My bank was debited 28th of august.
Anyone have any idea how long it normally takes to receive
brp enrolment letter??

[geriatrix]

Wait patiently for 2-3 weeks.

[Zee ali]

Hi there
I been applied for set lr on 21st of august.
ho received my application on 24th August
didn't receive any acknowledgement letter or brp invitation.
My bank was debited 28th of august.
Anyone have any idea how long it normally takes to receive
brp enrolment letter??

Why u applied set lr? As u came here in october. Earliest u can apply is in September.

[abz79]

Hi sushdmehta
It's been exactly one month but still didn't get bio invitation or acknowledgement letter.
Shall I contact with them?is there any specific number for bio.

[abz79]

Hi there
I did call ho . They asked my details and after few seconds
The lady reply ho didn't issue or generate brp enrolment yet.
They don't know how long it will take . So told me to wait.

[abz79]

Why u applied set lr? As u came here in october. Earliest u can apply is in September.[/quote]
@zee ali.i have read one of your post early. one of my friend got ilr by making early application.that is why i took the decision.
Postby Zee ali » Wed Dec 10, 2014 4:51 pm

Obie wrote:
Yes that is the guidance.

You can apply under another visa category like private and family life, and then vary to ILR. That might save s bit of cash.



Even though if they refuse u (u apply 7 days early). U will get appeal right and than u can add additional ground in your appeal .

But u have three options know.

1.As Tier 4 said his example is in front of u apply now and pray that they give u ILR and i think they will give as When caseworker consider your application (it will take 3 months at least). u already completed 10 years.

2. As Obie said apply flr fp application (Article 8 ) than vary it after 7 days to set LR.

3.Apply ILR now if they refuse u u go to appeal and add additional ground.

Dont go for tier 4 extension. Waste of time and money.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided
Zee ali
Diamond Member

Posts: 1063
Joined: Sun Jan 26, 2014 12:42 am

[abz79]

Hi there
Is it taking that long to receive brp enrolment letter nowadays?
7 weeks no biometric invitation. Btw I already completed 10 years.
Have I got any chance to use premium service rather than wait that long?
If any 1 have same situation like me please advice.
Many thanks

[sodonm]

Hi abz79

I have also varied my Set lr application and it has been a month now haven't received anything for HO yet, not even variation aknowledgement. Don't know why they are taking so long to process, anyone got any suggestions? Please kindly share

[abz79]

Hi sodonm
I heard there is a delay to send biometric invitation nowadays. September is the most busiest month for home office.
Btw did you apply after 3c leave end?