10 year ILR waiting times

fali · Post by **fali** » Fri Aug 13, 2010 10:45 am

Hi all

I have some confusion about the waiting times. Accoding to ukba website:

http://www.ukba.homeoffice.gov.uk/settl ... tingtimes/

"The service standards

We will:
* decide 95% of postal applications within six months; and
* decide 90% of applications made in person at a public enquiry office within 24 hours."

The second part about 90% being decided in 24 hours , does this apply to 10 year rule?

Thanks

Faisal

geriatrix · Post by **geriatrix** » Fri Aug 13, 2010 11:09 am

No, because applications for settlement under the long residence category (e.g. - 10 years legal stay) cannot be submitted at the PEOs. Applications must be submitted by post.

Reading this topic may help give you an idea on timelines.

regards

fali · Post by **fali** » Fri Aug 13, 2010 11:22 am

Actually I have read all the posts about long waits but my confusion was bcoz I could not find where it says that 10 year ILR applicants cant apply in person.

In the first page of form SET(O), It lists all the categories for which this form is including 10 year ILR. then it says the says the categories which cannot apply in person and that does not include 10 year ILR.
Same thing in guidance notes.
Am I missing something?

thanks

geriatrix · Post by **geriatrix** » Fri Aug 13, 2010 11:35 am

Having looked, even the UKBA website doesn't state so (explicitly). But does suggest that

The offices cannot consider any cases that are not covered by the immigration rules, are complex or made by someone who has a poor immigration history. These applications must be posted to the address given on the application form.

IIRC, UKBA stopped accepting in-person applications under this category since beginning 2010.

regards

fali · Post by **fali** » Fri Aug 13, 2010 11:42 am

Interestingly the UKBA website does state

"The offices cannot consider your application if you are:

* applying for permanent residence on the basis of 14 years' residence;"

They could have entered the category if 10 year ILR if it cant be applied in person.
So I am assuming if a case is straight forward with all the stamps and visas in time, then its falls within 24 hour processing time range ?

x-ray · Post by **x-ray** » Fri Aug 13, 2010 11:46 am

The decision to withdraw in person application for long residence was made a while ago by the HO under the labour gov. It was announced on their website last December 09.

If you want prove of this look here https://ukbabooking.homeoffice.gov.uk/ukba/faq.html

under "Who can apply in person?"

I agree with you this information should be clearly stated on the form or guidance and consistent but hey this is UKBA for you.

fali · Post by **fali** » Fri Aug 13, 2010 11:52 am

the FAQ say that

Offices cannot consider in person applications if they are:
* on form SET (O) for anyone applying on the basis of Long residence in the UK;

And if we match that to the UKBA site link then it could mean the 14 year illegal residence rule and not the 10 year legal resesidence.

Well the confusion remains.....

x-ray · Post by **x-ray** » Fri Aug 13, 2010 12:15 pm

Have a look at this http://www.whatdotheyknow.com/request/3 ... 0.doc.html

This was from UKBA in June this year.

geriatrix · Post by **geriatrix** » Fri Aug 13, 2010 12:21 pm

fali wrote:the FAQ say that

Offices cannot consider in person applications if they are:
* on form SET (O) for anyone applying on the basis of Long residence in the UK;

And if we match that to the UKBA site link then it could mean the 14 year illegal residence rule and not the 10 year legal resesidence.

Well the confusion remains.....

Long residence includes 10 year legal stay and 14 years stay!

Call UKBA to check, if still in doubt.

regards

fali · Post by **fali** » Fri Aug 13, 2010 12:23 pm

thanks , that explains it!

My second Q will be what happens to a student who has applied for 10 yr ILR. does he has to pay his fees to university while hes waiting for 6 months? I can wait for 6 months but it could cost me Â£ 9000 in university fees.

Thanks

geriatrix · Post by **geriatrix** » Fri Aug 13, 2010 12:25 pm

What does ILR application have to do with university fees? You'll have to pay fees irrespective of whether you apply for settlement or not!

If your question is regarding having to pay fees as an international student, then submission of application isn't grant of settlement and therefore you're not entitled to home fees until such time that you receive settlement endorsement in your passport.

regards

tbbcuk · Post by **tbbcuk** » Fri Aug 13, 2010 1:11 pm

I think what he meant is: does his status has to remain as student after submitting the application. If the answer is Yes, then he has to find a course which could cost thousands. If the answer is no, he can just stay the home having 6 months holiday while waiting.

Is that what you mean fali?

geriatrix · Post by **geriatrix** » Fri Aug 13, 2010 1:20 pm

His status will remain that of a student while his application is under consideration with UKBA .... irrespective of whether he wishes to continue studying or enrol in a new course or do nothing!

regards

fali · Post by **fali** » Fri Aug 13, 2010 1:23 pm

hi tbbcuk

I read a rule somewhere that when one applies to UKBA the visa status remains what it was at the time of application for as long as it takes UKBA to make a decision. But in my case I will be in middle of a two year course at the time of application. and 6 month waitin will mean i will pay about 9K of 2nd year fees in that time. As a local student its much less. and all the financial assisstance etc . The idea of holiday during this time is gud but can i ask my university to suspend my registration until my case is decided. ?

geriatrix · Post by **geriatrix** » Fri Aug 13, 2010 1:29 pm

Then, if your settlement application is refused for some reason or the other, you may find yourself facing the trouble of getting your student visa extended. Breaks in course / lack of attendance / registration suspension etc. may pose a substantial risk to the success of an extension.

Also remember you won't be able to holiday outside the UK since your passport will be with the UKBA all this while.

regards

tbbcuk · Post by **tbbcuk** » Fri Aug 13, 2010 1:30 pm

When I was at university, I was told that, once you enrolled your course as an international student, you will remain as international student regardless whether your status change afterward. So you will have to pay international rate during your course.

But that is like 6 years ago, everything may have changed now. You may wish to contact your enrollment department to clarify this.

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10 year ILR waiting times

10 year ILR waiting times