Hello, 10 years long residence Please Help!

[leonchang]

Hello guys,

Glad to be back to this forum. It has been a while.

I'm planning to apply for my ILR on 05/12/2020 (10 years long residence route) as my first-time arrival in the UK is 05/12/2010. But my current PBS dependant visa will expire on 30/10/2020. I understand I can apply for ILR 28 days earlier than 05/12/2020 and it will be 08/11/2020. but between 30/10/2020 and 08/11/2020, I don't know how I can stay here. So I would be really appreciated if I can have some advice/help for my situation. Do I have to leave before 30/10/2020 and apply for a visitor visa and return UK for my ILR application? ideally I don't want to go back to my home country because of the flight restriction of Covid-19 and risk of virus infection. Many thanks. Looking forward to hearing from you soon.

Best,

Leon

[seagul]

Hello guys,

Glad to be back to this forum. It has been a while.

I'm planning to apply for my ILR on 05/12/2020 (10 years long residence route) as my first-time arrival in the UK is 05/12/2010. But my current PBS dependant visa will expire on 30/10/2020. I understand I can apply for ILR 28 days earlier than 05/12/2020 and it will be 08/11/2020. but between 30/10/2020 and 08/11/2020, I don't know how I can stay here. So I would be really appreciated if I can have some advice/help for my situation. Do I have to leave before 30/10/2020 and apply for a visitor visa and return UK for my ILR application? ideally I don't want to go back to my home country because of the flight restriction of Covid-19 and risk of virus infection. Many thanks. Looking forward to hearing from you soon.

Best,

Leon

By virtue of some discretion from near past the person must qualify on the date of decision. Therefore, without renewing your existing leave or leaving the country, make sure to apply in timely ideally on same date of expiry or couple of days earlier and then book the biometrics on or after you will complete your period of qualification. Remember an in timely submitted application will trigger section 3C which will be added up in your balance needs for ILR.

[leonchang]

Hello guys,

Glad to be back to this forum. It has been a while.

I'm planning to apply for my ILR on 05/12/2020 (10 years long residence route) as my first-time arrival in the UK is 05/12/2010. But my current PBS dependant visa will expire on 30/10/2020. I understand I can apply for ILR 28 days earlier than 05/12/2020 and it will be 08/11/2020. but between 30/10/2020 and 08/11/2020, I don't know how I can stay here. So I would be really appreciated if I can have some advice/help for my situation. Do I have to leave before 30/10/2020 and apply for a visitor visa and return UK for my ILR application? ideally I don't want to go back to my home country because of the flight restriction of Covid-19 and risk of virus infection. Many thanks. Looking forward to hearing from you soon.

Best,

Leon

By virtue of some discretion from near past the person must qualify on the date of decision. Therefore, without renewing your existing leave or leaving the country, make sure to apply in timely ideally on same date of expiry or couple of days earlier and then book the biometrics on or after you will complete your period of qualification. Remember an in timely submitted application will trigger section 3C which will be added up in your balance needs for ILR.

Hi Seagul,

Many thanks for your prompt reply.

So I would submit my application on or a couple of days earlier than 30/10/2020 and book the biometrics on or after 05/12/2020? Just want to confirm with you

But would it be a breach of the rule that only allows you to submit an application 28 days earlier than the completion date of 10 years continuous residence which in my case is 05/12/2020? Thanks.

[seagul]

Hello guys,

Glad to be back to this forum. It has been a while.

I'm planning to apply for my ILR on 05/12/2020 (10 years long residence route) as my first-time arrival in the UK is 05/12/2010. But my current PBS dependant visa will expire on 30/10/2020. I understand I can apply for ILR 28 days earlier than 05/12/2020 and it will be 08/11/2020. but between 30/10/2020 and 08/11/2020, I don't know how I can stay here. So I would be really appreciated if I can have some advice/help for my situation. Do I have to leave before 30/10/2020 and apply for a visitor visa and return UK for my ILR application? ideally I don't want to go back to my home country because of the flight restriction of Covid-19 and risk of virus infection. Many thanks. Looking forward to hearing from you soon.

Best,

Leon

By virtue of some discretion from near past the person must qualify on the date of decision. Therefore, without renewing your existing leave or leaving the country, make sure to apply in timely ideally on same date of expiry or couple of days earlier and then book the biometrics on or after you will complete your period of qualification. Remember an in timely submitted application will trigger section 3C which will be added up in your balance needs for ILR.

Hi Seagul,

Many thanks for your prompt reply.

So I would submit my application on or a couple of days earlier than 30/10/2020 and book the biometrics on or after 05/12/2020? Just want to confirm with you

Yes

But would it be a breach of the rule that only allows you to submit an application 28 days earlier than the completion date of 10 years continuous residence which in my case is 05/12/2020? Thanks.

Its not a breach rather a concession which suits to many but not to you.

[CULLINAN]

Immigration rule 34G:

Date an application (or variation of an application) for leave to remain is made
34G. For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E is made is:

3) where the application is made via the online application process, and there is no request for a fee waiver, the date on which the online application is submitted ;or

https://www.gov.uk/guidance/immigration ... -in-the-uk


However, CW should apply discretion and use the “date of decision” if that benefits you.

https://assets.publishing.service.gov.u ... gov-uk.pdf

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

I would urge you to clarify this in the cover letter with accurate reference.

[leonchang]

Hello guys,

Glad to be back to this forum. It has been a while.

I'm planning to apply for my ILR on 05/12/2020 (10 years long residence route) as my first-time arrival in the UK is 05/12/2010. But my current PBS dependant visa will expire on 30/10/2020. I understand I can apply for ILR 28 days earlier than 05/12/2020 and it will be 08/11/2020. but between 30/10/2020 and 08/11/2020, I don't know how I can stay here. So I would be really appreciated if I can have some advice/help for my situation. Do I have to leave before 30/10/2020 and apply for a visitor visa and return UK for my ILR application? ideally I don't want to go back to my home country because of the flight restriction of Covid-19 and risk of virus infection. Many thanks. Looking forward to hearing from you soon.

Best,

Leon

By virtue of some discretion from near past the person must qualify on the date of decision. Therefore, without renewing your existing leave or leaving the country, make sure to apply in timely ideally on same date of expiry or couple of days earlier and then book the biometrics on or after you will complete your period of qualification. Remember an in timely submitted application will trigger section 3C which will be added up in your balance needs for ILR.

Hi Seagul,

Many thanks for your prompt reply.

So I would submit my application on or a couple of days earlier than 30/10/2020 and book the biometrics on or after 05/12/2020? Just want to confirm with you

Yes

But would it be a breach of the rule that only allows you to submit an application 28 days earlier than the completion date of 10 years continuous residence which in my case is 05/12/2020? Thanks.

Its not a breach rather a concession which suits to many but not to you.

Gotcha. Thanks Seagul

[leonchang]

Immigration rule 34G:

Date an application (or variation of an application) for leave to remain is made
34G. For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E is made is:

3) where the application is made via the online application process, and there is no request for a fee waiver, the date on which the online application is submitted ;or

https://www.gov.uk/guidance/immigration ... -in-the-uk


However, CW should apply discretion and use the “date of decision” if that benefits you.

https://assets.publishing.service.gov.u ... gov-uk.pdf

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

I would urge you to clarify this in the cover letter with accurate reference.

Hi Cullinan,

Many thanks. really appreciated. I would include what you suggest in my cover letter.

[ajitu92]

Just another thought. I'm not sure on the accuracy of this suggestion, so I hope one of the moderators or senior members can clarify whether it is a sound idea.

Are you eligible to extend your PBS dependant visa? If so, have you considered submitting an application to extend the PBS dependant visa and then varying that application to ILR LR once you become eligible? As long as you apply for the dependant visa extension before expiry (in-time application) you will be covered by 3C leave and all the time period spent on 3C will count towards the LR. So long as you vary the application before submitting biometrics for the original PBS dependant extension this may be another option to consider.

[CULLINAN]

I am not sure if you checked, but advice initially was given by user “seagul” who is a Diamond member (diamond member rank is higher than a senior member.)

Plus for your sake you may want to go through the following link and follow moderator Zimba’s advice related to a similar situation:

https://www.immigrationboards.com/indef ... 90151.html

PS: the route you mentioned can be followed also but not necessary.

[ajitu92]

I am not sure if you checked, but advice initially was given by user “seagul” who is a Diamond member (diamond member rank is higher than a senior member.)

Plus for your sake you may want to go through the following link and follow moderator Zimba’s advice related to a similar situation:

https://www.immigrationboards.com/indef ... 90151.html

PS: the route you mentioned can be followed also but not necessary.

Thank you for chiming in @CULLINAN. I am aware that the Diamond member rank is higher, I was just using the term "senior member" as a catch-all for all the long time members. From reading the posts, I was under the impression that @seagul was referring to a direct ILR application more than 28 days in advance of the qualifying date, but ensuring that biometrics are submitted within/after the qualifying period is reached - rather than an extension + variation case.

Thank you for the link as well, that was some good reading/knowledge, appreciate it. Just trying to do my bit to help where I can as this forum has been, and I'm sure will continue to be immensely useful and helpful!

@leonchang - hope that gives you all the answers and options you are looking for!

[seagul]

@Cullinan:
Many thanks for confirming the correctness of aforesaid opinion.
Besides this, I guess nobody here gives professional advice rather either share his/other experience or refer to the guidance or interpret the official guidance in own words.

[CULLINAN]

@Cullinan:
Many thanks for confirming the correctness of aforesaid opinion.
Besides this, I guess nobody here gives professional advice rather either share his/other experience or refer to the guidance or interpret the official guidance in own words.

Correct. No opinion/advice on this forum should be mistaken for professional legal advice.

But this opinion as stated above can also be confirmed by legal third party websites.

[leonchang]

Just another thought. I'm not sure on the accuracy of this suggestion, so I hope one of the moderators or senior members can clarify whether it is a sound idea.

Are you eligible to extend your PBS dependant visa? If so, have you considered submitting an application to extend the PBS dependant visa and then varying that application to ILR LR once you become eligible? As long as you apply for the dependant visa extension before expiry (in-time application) you will be covered by 3C leave and all the time period spent on 3C will count towards the LR. So long as you vary the application before submitting biometrics for the original PBS dependant extension this may be another option to consider.

Hi Ajitu92,

Thanks very much for your reply. I appreciate your thought

I'm not able to extend my PBS dependant visa as my wife has just submitted her ILR application, so now I'm preparing mine. she has a earlier completion date of qualifying period than me.

As you suggested, I did think about the option of trying the family visa as a spouse then varying it to ILR. But I can not meet the financial requirement, so I'm not sure if I submit the spouse visa application nevertheless, would it be considered VALID by caseworkers? would I be still covered by 3C?

[leonchang]

Just another thought. I'm not sure on the accuracy of this suggestion, so I hope one of the moderators or senior members can clarify whether it is a sound idea.

Are you eligible to extend your PBS dependant visa? If so, have you considered submitting an application to extend the PBS dependant visa and then varying that application to ILR LR once you become eligible? As long as you apply for the dependant visa extension before expiry (in-time application) you will be covered by 3C leave and all the time period spent on 3C will count towards the LR. So long as you vary the application before submitting biometrics for the original PBS dependant extension this may be another option to consider.

Hi Ajitu92,

I was also wondering about if it is possible extend my dependant visa considering my wife is under the application of ILR ? In my last post I mentioned the spouse visa, so I guess it is different with dependant visa, isn't it? sorry I'm not very clear.

[leonchang]

I am not sure if you checked, but advice initially was given by user “seagul” who is a Diamond member (diamond member rank is higher than a senior member.)

Plus for your sake you may want to go through the following link and follow moderator Zimba’s advice related to a similar situation:

https://www.immigrationboards.com/indef ... 90151.html

PS: the route you mentioned can be followed also but not necessary.

Hi Cullinan,

Thanks for the link. what I am curious about from the link, maybe it's irrelevant to my case, is that the poster BlueCat86 mentioned he was planning to apply for a 'spouse extension visa', I'm not sure if he was trying to say dependant extension visa instead ? can he really extend his dependant visa because his wife is holding ILR and T1 main applicant doesn't exist anymore. So I thought the only way for him was to apply for the family spouse visa which is complete new different one (5 years route for settlement) if he wanted to vary it to ILR.

Apologies in advance if any confusion of my question.

[CR001]

I am not sure if you checked, but advice initially was given by user “seagul” who is a Diamond member (diamond member rank is higher than a senior member.)

Plus for your sake you may want to go through the following link and follow moderator Zimba’s advice related to a similar situation:

https://www.immigrationboards.com/indef ... 90151.html

PS: the route you mentioned can be followed also but not necessary.

Hi Cullinan,

Thanks for the link. what I am curious about from the link, maybe it's irrelevant to my case, is that the poster BlueCat86 mentioned he was planning to apply for a 'spouse extension visa', I'm not sure if he was trying to say dependant extension visa instead ? can he really extend his dependant visa because his wife is holding ILR and T1 main applicant doesn't exist anymore. So I thought the only way for him was to apply for the family spouse visa which is complete new different one (5 years route for settlement) if he wanted to vary it to ILR.

Apologies in advance if any confusion of my question.

The user spouse applied and got ilr through the PBS 5 year route. There is NO requirement for the dependent to change visa category to family spouse visa in this case. The rule is very different for PBS dependents of long residence ilr holders.

You have NOT stated anywhere on what basis your spouse has applied for ilr, ie 5 years PBS route or 10 years long residence.

[leonchang]

I am not sure if you checked, but advice initially was given by user “seagul” who is a Diamond member (diamond member rank is higher than a senior member.)

Plus for your sake you may want to go through the following link and follow moderator Zimba’s advice related to a similar situation:

https://www.immigrationboards.com/indef ... 90151.html

PS: the route you mentioned can be followed also but not necessary.

Hi Cullinan,

Thanks for the link. what I am curious about from the link, maybe it's irrelevant to my case, is that the poster BlueCat86 mentioned he was planning to apply for a 'spouse extension visa', I'm not sure if he was trying to say dependant extension visa instead ? can he really extend his dependant visa because his wife is holding ILR and T1 main applicant doesn't exist anymore. So I thought the only way for him was to apply for the family spouse visa which is complete new different one (5 years route for settlement) if he wanted to vary it to ILR.

Apologies in advance if any confusion of my question.

The user spouse applied and got ilr through the PBS 5 year route. There is NO requirement for the dependent to change visa category to family spouse visa in this case. The rule is very different for PBS dependents of long residence ilr holders.

You have NOT stated anywhere on what basis your spouse has applied for ilr, ie 5 years PBS route or 10 years long residence.

Hi CR001,

Thanks for your reply. Sorry for not stating my wife's route, didn't know it's so different.

My wife route is 10 years long residence. I can't meet financial requirement for the family spouse visa (i.e jointed annual income £18600 or saving threshold etc.) so I'm thinking apply for the ILR directly.

But I was just wondering if I go for Spouse visa application nevertheless before varying it to ILR, would my spouse visa application be considered VALID by caseworker even my finance doesn't satisfy the requirement and I will be covered by 3C till the Biometrics appointment day? Thanks

[CR001]

Immigration rule 34G:

Date an application (or variation of an application) for leave to remain is made
34G. For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E is made is:

3) where the application is made via the online application process, and there is no request for a fee waiver, the date on which the online application is submitted ;or

https://www.gov.uk/guidance/immigration ... -in-the-uk


However, CW should apply discretion and use the “date of decision” if that benefits you.

https://assets.publishing.service.gov.u ... gov-uk.pdf

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

I would urge you to clarify this in the cover letter with accurate reference.

Hi Cullinan,

Many thanks. really appreciated. I would include what you suggest in my cover letter.

The advice given above and the second highlighted point is relevant and many have done this. They applied before visa expiry and schedule biometrics for a date within the 28 days qualifying period as the caseworkers can use the date if decision to process your application.

[leonchang]

Immigration rule 34G:

Date an application (or variation of an application) for leave to remain is made
34G. For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E is made is:

3) where the application is made via the online application process, and there is no request for a fee waiver, the date on which the online application is submitted ;or

https://www.gov.uk/guidance/immigration ... -in-the-uk


However, CW should apply discretion and use the “date of decision” if that benefits you.

https://assets.publishing.service.gov.u ... gov-uk.pdf

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

I would urge you to clarify this in the cover letter with accurate reference.

Hi Cullinan,

Many thanks. really appreciated. I would include what you suggest in my cover letter.

The advice given above and the second highlighted point is relevant and many have done this. They applied before visa expiry and schedule biometrics for a date within the 28 days qualifying period as the caseworkers can use the date if decision to process your application.

Sure, I understand. Just feel what ajitu92 suggested sounds like a more secured option. sorry if I'm a bit over-cautious.

[CULLINAN]

Sure, I understand. Just feel what ajitu92 suggested sounds like a more secured option. sorry if I'm a bit over-cautious.

If you are in doubt seek legal immigration advice.

[leonchang]

Hi,
I was also wondering , should I calculate my qualifying period from the my first arrival stamp date (05/12/2010) or from my first visa valid date (25/11/2010)? My current visa will expire on 30/10/2020 (if this info is relevant).

Thanks

[vinny]

Arrival date.

[leonchang]

Arrival date.

Thanks Vinny