10 years long residence applications

avjones · Post by **avjones** » Sun Nov 29, 2015 10:35 am

janazaif wrote:Vi Hi everyone,
received refusal today for ilr 10 years basis. Reason is the gap of 4 months as student extension application was refused two times in 2010 due to fee problem. They sent appeal form as well and gave 14 days. Thanks everyone for help and guidance. This is best forum about immgration matters, better than any solicitor. We will appeal and hope for the best.

Check it carefully. The Home Office's calculations aren't always right about gaps in lawful residence, so I suggest that you also apply for SAR under the Data Protection Act.

If your gaps were caused by the Home Office saying that the fee wasn't paid, it is essential that you require them to prove the fee was paid - directly, in writing, in the grounds of appeal. Then the burden of proof shifts to the Home Office to prove your application was invalid, not on you to prove it was valid.

kami135 · Post by **kami135** » Mon Nov 30, 2015 12:19 am

Hi it's time to share my good news .By the grace of God Almighty my application was successfully approved yesterday.This board has been so helpful not only for me but for plenty of people here.im thankful to each one of you and wish you good luck if they have already applied or planning to apply in near future.
Mine was a postal application .the whole process took just less than three months .
I have a two years old daughter born here and my wife is dependant with spouse visa until February .
Can anybody guide me which form to use for my daughter and what's the requirement for my wife's extension .she is here for last 3 years,does she have to complete 5 years or 10 years before she can apply ILR.
Any help ll be highly appreciated
Thank you in advance

CR001 · Post by **CR001** » Mon Nov 30, 2015 12:43 am

kami135 wrote:Hi it's time to share my good news .By the grace of God Almighty my application was successfully approved yesterday.This board has been so helpful not only for me but for plenty of people here.im thankful to each one of you and wish you good luck if they have already applied or planning to apply in near future.
Mine was a postal application .the whole process took just less than three months .
I have a two years old daughter born here and my wife is dependant with spouse visa until February .
Can anybody guide me which form to use for my daughter and what's the requirement for my wife's extension .she is here for last 3 years,does she have to complete 5 years or 10 years before she can apply ILR.
Any help ll be highly appreciated
Thank you in advance

You can register your daughter as British Citizen on form MN1 under section 1(3) of the nationality act as she was born here and is entitled to register. She does not need ILR.

For your wife, she has no option but to apply for a spouse visa on FLR(M) which will reset her clock towards ILR and she will have to wait another new 5 year period (2 x 2.5 year visas) before she will qualify for ILR. You need to meet the financial requirement of £22,400pa (or£18,600pa if your child is already British though waiting times for registration are longer than what your wife has left on her visa). Your wife also needs English level A1 for a FLR(M) application.

Survivor07 · Post by **Survivor07** » Mon Nov 30, 2015 7:54 pm

kami135 wrote:Hi it's time to share my good news .By the grace of God Almighty my application was successfully approved yesterday.
Mine was a postal application .the whole process took just less than three months .

Congrats mate , was your case straightforward or otherwise. Are you on google drive ? Thx

kami135 · Post by **kami135** » Tue Dec 01, 2015 8:12 am

Survivor07 wrote:
kami135 wrote:Hi it's time to share my good news .By the grace of God Almighty my application was successfully approved yesterday.
Mine was a postal application .the whole process took just less than three months .
Congrats mate , was your case straightforward or otherwise. Are you on google drive ? Thx

Thank you,
Yes my case was straightforward .no gap ,no refusal .
If I can help you are welcome to drop me an email at xxxxxxxxxxxxxxxxxxxxxxxx

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kami135 · Post by **kami135** » Tue Dec 01, 2015 8:14 am

CR001 wrote:
kami135 wrote:Hi it's time to share my good news .By the grace of God Almighty my application was successfully approved yesterday.This board has been so helpful not only for me but for plenty of people here.im thankful to each one of you and wish you good luck if they have already applied or planning to apply in near future.
Mine was a postal application .the whole process took just less than three months .
I have a two years old daughter born here and my wife is dependant with spouse visa until February .
Can anybody guide me which form to use for my daughter and what's the requirement for my wife's extension .she is here for last 3 years,does she have to complete 5 years or 10 years before she can apply ILR.
Any help ll be highly appreciated
Thank you in advance
You can register your daughter as British Citizen on form MN1 under section 1(3) of the nationality act as she was born here and is entitled to register. She does not need ILR.

For your wife, she has no option but to apply for a spouse visa on FLR(M) which will reset her clock towards ILR and she will have to wait another new 5 year period (2 x 2.5 year visas) before she will qualify for ILR. You need to meet the financial requirement of £22,400pa (or£18,600pa if your child is already British though waiting times for registration are longer than what your wife has left on her visa). Your wife also needs English level A1 for a FLR(M) application.

Thank you very much for your expert advice.
I was on sick leave for more than 3 month and If I can't make 18,600pa,my wife is self employed as well.we both definitely can make more than 18,600 pa.will this be alright to show both of our incomes to make it the target income.
Thank you again

immuser · Post by **immuser** » Sun Dec 06, 2015 8:05 pm

Hello brother,

Congrats on your successful ilr 10 year route.

i am in similar situation as you. i would like to apply for ilr 10 year route in Feb.

my immigration history came here in feb 2006 as student , finished masters and moved to psw in 2008 oct to 2010 oct , i applied tier 1 general (employed and self employed ) granted visa in Dec , again Tier 1 extension in 2012 (employed and self employed ) granted visa from feb 2013 to feb 2016.
now i would like to apply ilr 10 year route in end of jan 2016.

what documents do i need to submit, Do i need to submit my tax returns to home office as process of my application.

Can you please advise me.

thank you

applicant77 wrote:Hi Every One, Time to share a good news.

I have been granted ILR from Sheffield PEO on the 16th of October.
I want to share my Journey and PEO experience,

Arrived in the Uk on 10th of Nov 2005 on WHM'S visa,
Changed to Student Visa in July 2006, Granted PSW Visa in Oct 2008,
Applied Teir 1 (Self Employed + Job salary) Refused in April 2010 (Agents Mistake), Applied again Granted July 2010.
Teir 1 Extension Applied June 2012 (Self Employed + Salary)... Refused again Agents mistake, Appealed in tribunal.. Visa Granted July 2013.

Booked ILR appointment on long residence basis in Sheffied PEO at 11:00, 16th Oct.
Arrived at the PEO at 10:15, after a Airport style security check up, told to go to a counter to Register.
On the Counter Submitted all my Documents
1)Fee confirmation letter 2)Filled Application Form 3) Ielts (B1) 4) LITUK 5)Passport size Photos (2)
and Photo Copies of Passport(all arrival and departure stamp), Ielts & LITUK.

They gave me a token Number and was told to wait for biometric,
called for biometrics at 11:00, after biometrics was told that it will take an hour for a decision.
If you are leaving the centre please inform the reception.
at 11:35 the Receptionist called my token number and told that i have been granted ILR.....
Total time spent in PEO..One hour 20 mins...

I want to thank all the Moderators and senior members for their great help,
by reading different cases on this forum i gained knowleged and confidience.
Hope all of you who have been here for such a long time struggling in a foreign land get your ILR.

ali1514 · Post by **ali1514** » Tue Dec 08, 2015 11:14 pm

Hi,

I am looking to apply for ILR based on 10 years long residence option. I have a gap of over a year due to my PSW being refused due to maintenance.

After about six months I left the UK I came to know about Pankina judgment and requested them to review my application based on that.

The HO approved PSW application and issued a special visa for me to come to the UK and then I applied for the PSW from with in the UK and resumed my leave to remain there on.[/i][/i]

Now as leaving the country was not my intention and effectively I only had to do this due to the "HO Error".

Now, will I be able to get the HO to consider my case keeping this in mind and allow an exception (by discount the gap)?

Best.

applicant77 · Post by **applicant77** » Wed Dec 09, 2015 9:25 am

Hi Bruv,

I did not submit a single Income or Tax Related document,
But i have paid atleast some tax every year,
the only documents i have submitted are listed in my previous post.

immuser wrote:Hello brother,

Congrats on your successful ilr 10 year route.

i am in similar situation as you. i would like to apply for ilr 10 year route in Feb.

my immigration history came here in feb 2006 as student , finished masters and moved to psw in 2008 oct to 2010 oct , i applied tier 1 general (employed and self employed ) granted visa in Dec , again Tier 1 extension in 2012 (employed and self employed ) granted visa from feb 2013 to feb 2016.
now i would like to apply ilr 10 year route in end of jan 2016.

what documents do i need to submit, Do i need to submit my tax returns to home office as process of my application.

Can you please advise me.

thank you

applicant77 wrote:Hi Every One, Time to share a good news.

I have been granted ILR from Sheffield PEO on the 16th of October.
I want to share my Journey and PEO experience,

Arrived in the Uk on 10th of Nov 2005 on WHM'S visa,
Changed to Student Visa in July 2006, Granted PSW Visa in Oct 2008,
Applied Teir 1 (Self Employed + Job salary) Refused in April 2010 (Agents Mistake), Applied again Granted July 2010.
Teir 1 Extension Applied June 2012 (Self Employed + Salary)... Refused again Agents mistake, Appealed in tribunal.. Visa Granted July 2013.

Booked ILR appointment on long residence basis in Sheffied PEO at 11:00, 16th Oct.
Arrived at the PEO at 10:15, after a Airport style security check up, told to go to a counter to Register.
On the Counter Submitted all my Documents
1)Fee confirmation letter 2)Filled Application Form 3) Ielts (B1) 4) LITUK 5)Passport size Photos (2)
and Photo Copies of Passport(all arrival and departure stamp), Ielts & LITUK.
They gave me a token Number and was told to wait for biometric,
called for biometrics at 11:00, after biometrics was told that it will take an hour for a decision.
If you are leaving the centre please inform the reception.
at 11:35 the Receptionist called my token number and told that i have been granted ILR.....
Total time spent in PEO..One hour 20 mins...

I want to thank all the Moderators and senior members for their great help,
by reading different cases on this forum i gained knowleged and confidience.
Hope all of you who have been here for such a long time struggling in a foreign land get your ILR.

sodonm · Post by **sodonm** » Wed Dec 09, 2015 5:23 pm

Hi everyone

I have received my ILR and would like to thank each and everyone of you on this board! I have received it in less than 3 months. I wish everyone who has applied and is waiting best of luck with your application. Just be patient,you will hear the good news soon.

thank you all once again for all the help.

Uranium235 · Post by **Uranium235** » Sun Dec 13, 2015 12:37 pm

sodonm wrote:Hi everyone

I have received my ILR and would like to thank each and everyone of you on this board!

Congrats & Thx for the update. Looks like HO is dealing with Sept Apps now .

Any complications involved in your case or was it straightforward?

Thx

sodonm · Post by **sodonm** » Mon Dec 14, 2015 5:50 am

Hello Uranium235

I don't know if they are dealing with sept applications atm as i have a couple of friends who applied in august and are still waiting, there applications were all straightforward. By the way, I was short of 2 months for long residence and applied flr fp to cover the time, gave my bio for flr fp and varied to set lr on the same day(postal). I had to request HO in writing to send me bio/aknowledgement letter for set lr as it was nearly 2 months late since posting set lr application, Ho finally issued me bio after 1 week of posting the letter and it only took them 3 weeks to make a decision after I registered bio. My case was straightforward, no adverse history, no gaps, criminal records etc although my visa was curtailed once. Hope this helps.

snaaz1982 · Post by **snaaz1982** » Thu Dec 17, 2015 1:14 pm

Hi all,

My sister is about to apply for ILR on 10 years residence. There's a question regarding this.

Continuous residence is considered to be broken if the applicant has been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK

She applied for her Masters visa in India while her student visa for her Bachelors was still valid. The rule was to exit the country and apply for the new visa from your own country. Since she was on her previous visa, so we think she is “covered” by that technicality.

Does this therefore imply she has not broken her continuous residence?

We think the question here is “Did you ever leave the country after your visa (valid leave to enter/remain) had run out?” Answer to which is no.

Can someone clarify please? Thanks.

applicant77 · Post by **applicant77** » Thu Dec 17, 2015 5:36 pm

HI SNAAZ 1982,

Yes she has not broken her continuos residence,

I did the same i was on WHM'S Visa when i had Six months left on that visa
i went to india and applied for a student visa, I was ganted ILR in october 2015.

Hope this clears you doubt.

snaaz1982 wrote:Hi all,

My sister is about to apply for ILR on 10 years residence. There's a question regarding this.

Continuous residence is considered to be broken if the applicant has been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK

She applied for her Masters visa in India while her student visa for her Bachelors was still valid. The rule was to exit the country and apply for the new visa from your own country. Since she was on her previous visa, so we think she is “covered” by that technicality.

Does this therefore imply she has not broken her continuous residence?

We think the question here is “Did you ever leave the country after your visa (valid leave to enter/remain) had run out?” Answer to which is no.

Can someone clarify please? Thanks.

bluewin · Post by **bluewin** » Thu Dec 17, 2015 9:41 pm

Hi all,
I am new to this forum. I am going to apply for ilr. I came feb 2006. plz help me providing flowing information
I have completed MSc but it was top up so do I need b1 for English requirements or I can use this as my english requirment.?
I want to apply in PEO
Can I apply within 28 days? I have got visa till oct 2017
Thank you all

snaaz1982 · Post by **snaaz1982** » Wed Dec 23, 2015 12:26 pm

Applicant 77,

Many thanks for reply! She has had her indefinite leave to remain granted!

All good and you were right!

applicant77 wrote:HI SNAAZ 1982,

Yes she has not broken her continuos residence,

I did the same i was on WHM'S Visa when i had Six months left on that visa
i went to india and applied for a student visa, I was ganted ILR in october 2015.

Hope this clears you doubt.

snaaz1982 wrote:Hi all,

My sister is about to apply for ILR on 10 years residence. There's a question regarding this.

Continuous residence is considered to be broken if the applicant has been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK

She applied for her Masters visa in India while her student visa for her Bachelors was still valid. The rule was to exit the country and apply for the new visa from your own country. Since she was on her previous visa, so we think she is “covered” by that technicality.

Does this therefore imply she has not broken her continuous residence?

We think the question here is “Did you ever leave the country after your visa (valid leave to enter/remain) had run out?” Answer to which is no.

Can someone clarify please? Thanks.

mj007 · Post by **mj007** » Mon Jan 04, 2016 8:43 pm

hi am new here..can someone pls help me

my student visa expired in dec 09 and i did an intime application for visa extension
then in march 2010 visa was refused and the home off sent a letter stating that i can appeal
but instead of doing an appeal i did a fresh application within a week
visa was then approved in april 2010
now i have completed 10yrs and am going to apply for ilr
i just wanted to know if with the fresh application i made there is a gap in my continuous stay
thanks everyone.

vyolat · Post by **vyolat** » Tue Jan 05, 2016 1:18 am

Hi all,
I am new here and have read a lot of the posts but still couldn't figure out this issue I am facing.
I came to UK in 2007 on student visa, and all my visas have the valid dates overlapping except one time when I had my Post Study Working Visa sent to me, it's only valid from 8th Dec 2011, while my previous student visa valid until 31st Oct 2011, I am very sure I have posted out my application before 31st Oct 2011. Here comes the part I got frustrated:
1)From what i read online, i should not be considered as overstay (from 31st Oct - 8 Dec 2011, i was in UK the whole time waiting for my visa to be granted and biometric residency card sent to me), should i?

2)I have read a lot of posts online saying that there is this GAP of 28 days granted and section 3C leave? If this is the case, does these 38 days between 31st Oct - 8 Dec 2011 being considered as a break of my continuous stay?

3)I am pretty sure I posted out my application before 31st Oct 2011, do i need to prove it? and if i do, how can I requested the case raised date from the home office?

I know requirements may change by the time it reach 2017, but I wanted to understand these before I make any decisions on extending my working Visa or not. Thank you in advance for helping

legend786 · Post by **legend786** » Tue Jan 05, 2016 9:26 pm

vyolat wrote:Hi all,
I am new here and have read a lot of the posts but still couldn't figure out this issue I am facing.
I came to UK in 2007 on student visa, and all my visas have the valid dates overlapping except one time when I had my Post Study Working Visa sent to me, it's only valid from 8th Dec 2011, while my previous student visa valid until 31st Oct 2011, I am very sure I have posted out my application before 31st Oct 2011. Here comes the part I got frustrated:
1)From what i read online, i should not be considered as overstay (from 31st Oct - 8 Dec 2011, i was in UK the whole time waiting for my visa to be granted and biometric residency card sent to me), should i?

2)I have read a lot of posts online saying that there is this GAP of 28 days granted and section 3C leave? If this is the case, does these 38 days between 31st Oct - 8 Dec 2011 being considered as a break of my continuous stay?

3)I am pretty sure I posted out my application before 31st Oct 2011, do i need to prove it? and if i do, how can I requested the case raised date from the home office?

I know requirements may change by the time it reach 2017, but I wanted to understand these before I make any decisions on extending my working Visa or not. Thank you in advance for helping

Hi,
I have looked at your concerns plus i should make you aware if you have applied within the time limits you should be al right and you should have acknowledgement letters when you made your applications in past which can prove you have done so in time otherwise HO should have them in their system. That's why i am saying because i got approval for ILR and as well as got approved for citizenship recently and i had six months gap between my visas but it doesn't mean i was overstayer and my applications were made in time and as per your visas concerns it makes no difference to your immigration status whilst your application were pending in HO
This is purely my opinion and i was in a same situation as you plus worried so i thought i should share it
I hope it helps

Good luck

cs95tdg · Post by **cs95tdg** » Tue Jan 05, 2016 9:39 pm

vyolat wrote:Hi all,
I am new here and have read a lot of the posts but still couldn't figure out this issue I am facing.
I came to UK in 2007 on student visa, and all my visas have the valid dates overlapping except one time when I had my Post Study Working Visa sent to me, it's only valid from 8th Dec 2011, while my previous student visa valid until 31st Oct 2011, I am very sure I have posted out my application before 31st Oct 2011. Here comes the part I got frustrated:
1)From what i read online, i should not be considered as overstay (from 31st Oct - 8 Dec 2011, i was in UK the whole time waiting for my visa to be granted and biometric residency card sent to me), should i?

2)I have read a lot of posts online saying that there is this GAP of 28 days granted and section 3C leave? If this is the case, does these 38 days between 31st Oct - 8 Dec 2011 being considered as a break of my continuous stay?

3)I am pretty sure I posted out my application before 31st Oct 2011, do i need to prove it? and if i do, how can I requested the case raised date from the home office?

I know requirements may change by the time it reach 2017, but I wanted to understand these before I make any decisions on extending my working Visa or not. Thank you in advance for helping

1) Correct, you were not an overstayer if you submitted your PSW visa prior to your previous leave expiring. You would then be covered by section 3c from the date your previous leave expired until the HO granted you leave as a PSW.
2) As explained above, it wouldn't be considered a break in continuous stay, if your PSW visa application was made in-time prior to your previous student visa expiring.
3) You don't need to prove it, as the HO will have their records to verify. If you wish you may make a SAR (subject access request) to get a copy of the records the HO have on your immigration history. This however isn't a requirement, just for your reference & peace of mind if you are worried.

cs95tdg · Post by **cs95tdg** » Tue Jan 05, 2016 9:43 pm

mj007 wrote:hi am new here..can someone pls help me

my student visa expired in dec 09 and i did an intime application for visa extension
then in march 2010 visa was refused and the home off sent a letter stating that i can appeal
but instead of doing an appeal i did a fresh application within a week
visa was then approved in april 2010
now i have completed 10yrs and am going to apply for ilr
i just wanted to know if with the fresh application i made there is a gap in my continuous stay
thanks everyone.

Is there any particular reason you made a new application rather than appeal? You would be covered under section 3c if you appealed within the permitted time period and were successful. I am however not sure what your status would be considered to be, in the event of a new application being made. It would be best to wait for others to comment further.

avjones · Post by **avjones** » Wed Jan 06, 2016 12:56 am

mj007 wrote:hi am new here..can someone pls help me

my student visa expired in dec 09 and i did an intime application for visa extension
then in march 2010 visa was refused and the home off sent a letter stating that i can appeal
but instead of doing an appeal i did a fresh application within a week
visa was then approved in april 2010
now i have completed 10yrs and am going to apply for ilr
i just wanted to know if with the fresh application i made there is a gap in my continuous stay
thanks everyone.

Should be fine - you applied within 28 days of the rejection, and the application made within that 28 days was accepted. That shouldn't break your lawful residence.

vyolat · Post by **vyolat** » Wed Jan 06, 2016 10:39 am

legend786 wrote: Hi,
I have looked at your concerns plus i should make you aware if you have applied within the time limits you should be al right and you should have acknowledgement letters when you made your applications in past which can prove you have done so in time otherwise HO should have them in their system. That's why i am saying because i got approval for ILR and as well as got approved for citizenship recently and i had six months gap between my visas but it doesn't mean i was overstayer and my applications were made in time and as per your visas concerns it makes no difference to your immigration status whilst your application were pending in HO
This is purely my opinion and i was in a same situation as you plus worried so i thought i should share it
I hope it helps

Good luck

Congratulations & Thank you for your help!

cs95tdg wrote: 1) Correct, you were not an overstayer if you submitted your PSW visa prior to your previous leave expiring. You would then be covered by section 3c from the date your previous leave expired until the HO granted you leave as a PSW.
2) As explained above, it wouldn't be considered a break in continuous stay, if your PSW visa application was made in-time prior to your previous student visa expiring.
3) You don't need to prove it, as the HO will have their records to verify. If you wish you may make a SAR (subject access request) to get a copy of the records the HO have on your immigration history. This however isn't a requirement, just for your reference & peace of mind if you are worried.

I have already posted my SAR, hopefully i will receive it soon! Thank you very much for the detailed clarification

freeman0410 · Post by **freeman0410** » Wed Jan 06, 2016 9:37 pm

Alhamdullilah , with the Help of Almighty Allah I got my ILR and received my card and all papers. I was struggling since 2012 when I applied for entraprenuer visa with TOEIC English test . Then refused , appeal , lower tribunal, upper tribunal , judicial review . Then flr(o) , student visa Tier-4, and finally applied for ILR in 2014 after 10years continuously staying in UK ( was always with immigration rule by applying one after another visa ) . All I can say is now I'm released from one of biggest tension . I was only praying to Allah to overcome this obstacle . Alhamdullillah . Thanks to this immigrationboard forum - time to time I got helped from this forum by reading members experience . If anyone need any kind of information and question regarding ILR application I don't mind to share my experience here .
Allah is great. Allah bless us all.

legend786 · Post by **legend786** » Wed Jan 06, 2016 10:24 pm

freeman0410 wrote:Alhamdullilah , with the Help of Almighty Allah I got my ILR and received my card and all papers. I was struggling since 2012 when I applied for entraprenuer visa with TOEIC English test . Then refused , appeal , lower tribunal, upper tribunal , judicial review . Then flr(o) , student visa Tier-4, and finally applied for ILR in 2014 after 10years continuously staying in UK ( was always with immigration rule by applying one after another visa ) . All I can say is now I'm released from one of biggest tension . I was only praying to Allah to overcome this obstacle . Alhamdullillah . Thanks to this immigrationboard forum - time to time I got helped from this forum by reading members experience . If anyone need any kind of information and question regarding ILR application I don't mind to share my experience here .
Allah is great. Allah bless us all.

Congratulations and enjoy your freedom

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10 years long residence applications

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