10 years long residence applications

d3thmark wrote:Update : Varied FLR FP to ILR


MY FLR FP application fees got refunded today 15th sep by Cheque.
IHS Fees Refunded on 8th Sep
ILR Granted on 5th Sep
Varied FLR fp to Set LR on 13th Aug @ PEO Sheffield

Everything is sorted out now ..Thanks again everyone!
Shukar Alhamdulillah!

Congrats for getting Ilr . I have saw your other post about refusal . I am in similar situation where my application has been refused and certified and asked to leave . I know some people advised you that you cannot apply for flr fp again as your 3c is finished . But it seems you did you then varied and it worked for you . I am thing kin of applying for flr fp again .

Samsheikh wrote:Dear pink 85

I sent application on 6 August and I call them many time for bio then they send me bio after 2 month I give bio in November and they refuse my application in Feb 2016 but I receive refusal in March 2016 because of early application they don't give right of appeal even my application was in time application

Now I m confuse that if I apply in 28 days FLR FP then my lawful residency is break or no

Can u send me in pm for contact plss..and which date in Feb u get refuse and how u receive on March?did u meet any Soli?

Dear Pink85

I didn't use any solicitor service and you ask for pm could you tell me what's that ?

Dear Acespace and all other GURU I need your help so please help me

please I need a sincere advice as I m in very bad situation and I don't know what to do?

I came uk on tier4 visa in 30 Sep 2006 and I always submit my extensions in time my last visa was approve until 24 March 2017 but my visa curtail and I was given 60 days to make an application.
I try my best to get Cas letter but I couldn't obtain a Cas letter so my friend advice me to apply for SET (LR) as you don't have any other option
I apply SET LR in given 60 days time in August 2015 but few days before it refuse as an early application in refusal home office said

You must leave the Uk and they said you are a person who is liable to detain
But they also said
If you want to remain in the uk then make an application in reasonably and appropriate time so I call home office and ask about that how much time I have in the sense of appropriate time

She said make any application in 28 days

So my question is this
Q1, if I apply in 28 days my long residency will be break or not ?
Q2, as I am still 5 month short to qualify for long residency so what application shall I make now?
Q3, if I apply for FLR FP and later varied it as a SET LR so will it be consider or variation is not allow if make application in 28 days grace period?
Q4, can I apply for derivative right application and later vary it in SET LR so is it allow or not because some one told me that time spent in EEA application as drf1 not count in long residency and it will break your 3c
Q5, do I still have lawful continue residency if I apply in 28 days or not?

I am so sorry to ask too many question but I really need your help please thanks

Samsheikh wrote:Dear Pink85

I didn't use any solicitor service and you ask for pm could you tell me what's that ?

Pm mean Check ur inbox Spammy Spammer my friend

pink85 wrote:

Samsheikh wrote:Dear Pink85

I didn't use any solicitor service and you ask for pm could you tell me what's that ?

Pm mean Check ur inbox Spammy Spammer my friend

This user only has 4 posts. Members are unable to access the PM function until they have made 30 posts.

Dear I try but I am not allow to access to my inbox yet, may be because I am new member that's why

So no one give me any advice yet except pink85

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.

Dear could you help me please my visa application which submitted in time refused with not right of appeal and they said you should leave the country and you are a person who is liable to detain on the other hand they said " if you have any other reason to remain in the uk then download form from http://www.gov.uk/ukvi and make an application in a reasonable and appropriate time

Some friends told me that you should leave the country and do appeal from home country
but some says that after refusal you always have a right to apply for a new application within 28 days

So do I have a right to apply for a fresh application as I don't have any in country appeal right and I m short of 5 months?
If I apply FLR FP in 28 days and later varied it as set LR so do I qualify for SET LR or my residency breaks ?

Please reply me thanks

Samsheikh wrote:

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.

Dear could you help me please my visa application which submitted in time refused with not right of appeal and they said you should leave the country and you are a person who is liable to detain on the other hand they said " if you have any other reason to remain in the uk then download form from http://www.gov.uk/ukvi and make an application in a reasonable and appropriate time

Some friends told me that you should leave the country and do appeal from home country
but some says that after refusal you always have a right to apply for a new application within 28 days

So do I have a right to apply for a fresh application as I don't have any in country appeal right and I m short of 5 months?
If I apply FLR FP in 28 days and later varied it as set LR so do I qualify for SET LR or my residency breaks ?

Please reply me thanks

I am sure you have right to apply in 28 days.
That much I know. And after that you can delay your biometric to buy some time. Hope this helps.

Samsheikh wrote:Dear I try but I am not allow to access to my inbox yet, may be because I am new member that's why

So no one give me any advice yet except pink85

Ok...email me and leave ur contact xxxxxxxxxxxxxxxx

Guru obi and vinny highlight on Ho decision without right of appeal on set(lr) application ..ur advise it is very helpfull..thanks cr001 u too

Dear Friends,

I would request you, please could you advise me with regards my 10 Years Lawful Continue Residence Application. I have submitted my ILR application to Home Office, please follow the timeline..

Application Posted dated: 04 January 2016
Biometric dated: 01 February 2016
Decision - waiting

My Immigration History.
On 19th January 2006, I was granted an entry clearance as a student valid from 05th January 2006 until 31st August 2008 which was subsequently extended until 28th February 2010.

On 27th February 2010, I submitted LTR application as Tier 4 which was refused on 13th May 2010. Initially, I challenged the decision by way of an appeal to the Immigration and Asylum Tribunal. However, on 29th June 2010 I withdrew my appeal because sponsoring institution had withdrawn my CAS. As a result, my appeal rights exhausted.

On 18th July 2010 (within 28 days of the appeal rights were exhausted), I applied LTR as a Tier 4 to study at University. However my application was refused on 20th August 2010 on the basis that I did not meet the requirements under paragraph 245ZX (1) of the Immigration Rules.

I then made subsequent several application for LTR under Tier 4 General include Tier 1 (Post Study Work), However, my all applications were refused. As a result of a challenge of a decision refusing my last leave to remain application under Tier 1 (PSW) category on 1 March 2012, Home Office requested that we would withdraw per action protocol (PAP) letter, and my solicitors confirmed that if Home Office take a decision exceptionally in accordance with our representation Dated 12th April 2012, we will not issue JR claim.

On 10th May 2012, Home Office granted LTR under Tier 1 (PSW) till 10th May 2014. On 07th May 2014, I submitted Tier 4 application and Home Office has granted LTR under Tier 4 General category till 30th September 2018. On 01st March 2016, I have been withdrawn my course due to finance and University has informed to Home Office. I have not received any correspondence from Home Office. However, my employer has received letter from Home Office with regards my employment confirmation, and my employer has confirmed.

Main Point.
I have studied my SAR file in details (especially PAP Letter Correspondence) and found in GCID – Case Record Sheet (PAP Letter - Minute/Case Notes).. Home Office Caseworker wordings “I have discussed this Tier 4 case with SWC in Tier 4 (SH). As a result on an exceptional basis we need to award claimant points for immigration status. Please not if the claimant reverts back to the Agency for compensation with respect to the Tier 4 refusals then this needs to be routed back to Tier 4 as the issue have stemmed from Tier 4 decision (esp the Tier 4 appl submitted on 18th July 2010) into Tier 1 (Post Study Work) case.

My Questions:
Will the Home Office be approved my ILR base on 10 years long residence?
Would the home office consider my time lawful from 29th June 2010 to 09th May 2012?
Why they have contacted my employer?

I would be grateful to everyone if you would advice or comments my post. Thanks

Samsheikh wrote:Dear Acespace and all other GURU I need your help so please help me

please I need a sincere advice as I m in very bad situation and I don't know what to do?

I came uk on tier4 visa in 30 Sep 2006 and I always submit my extensions in time my last visa was approve until 24 March 2017 but my visa curtail and I was given 60 days to make an application.
I try my best to get Cas letter but I couldn't obtain a Cas letter so my friend advice me to apply for SET (LR) as you don't have any other option
I apply SET LR in given 60 days time in August 2015 but few days before it refuse as an early application in refusal home office said

You must leave the Uk and they said you are a person who is liable to detain
But they also said
If you want to remain in the uk then make an application in reasonably and appropriate time so I call home office and ask about that how much time I have in the sense of appropriate time

She said make any application in 28 days

So my question is this
Q1, if I apply in 28 days my long residency will be break or not ?
Q2, as I am still 5 month short to qualify for long residency so what application shall I make now?
Q3, if I apply for FLR FP and later varied it as a SET LR so will it be consider or variation is not allow if make application in 28 days grace period?
Q4, can I apply for derivative right application and later vary it in SET LR so is it allow or not because some one told me that time spent in EEA application as drf1 not count in long residency and it will break your 3c
Q5, do I still have lawful continue residency if I apply in 28 days or not?

I am so sorry to ask too many question but I really need your help please thanks

Hi there ,
I am in a dilemma myself my previous leave was tier 4 and I applied for flr fp and it got refused with out of country right of appeal and my 10 years will complete in Jan 2017. The only way I have been advised here is to go for jr but the time spent in jr is not counted towards 10 years I-e s 3c leave . So I am confused as to what to do . I saw another guy here who was in a similar situation and applied for a new application in 28 days and then varied it to Ilr and he got Ilr ! My problem is I have been told by solicitors I can apply for a new application but the time will only be counted by 3c if I get that leave and then I can apply for Ilr .

acespace wrote:

Samsheikh wrote:Dear Acespace and all other GURU I need your help so please help me

please I need a sincere advice as I m in very bad situation and I don't know what to do?

I came uk on tier4 visa in 30 Sep 2006 and I always submit my extensions in time my last visa was approve until 24 March 2017 but my visa curtail and I was given 60 days to make an application.
I try my best to get Cas letter but I couldn't obtain a Cas letter so my friend advice me to apply for SET (LR) as you don't have any other option
I apply SET LR in given 60 days time in August 2015 but few days before it refuse as an early application in refusal home office said

You must leave the Uk and they said you are a person who is liable to detain
But they also said
If you want to remain in the uk then make an application in reasonably and appropriate time so I call home office and ask about that how much time I have in the sense of appropriate time

She said make any application in 28 days

So my question is this
Q1, if I apply in 28 days my long residency will be break or not ?
Q2, as I am still 5 month short to qualify for long residency so what application shall I make now?
Q3, if I apply for FLR FP and later varied it as a SET LR so will it be consider or variation is not allow if make application in 28 days grace period?
Q4, can I apply for derivative right application and later vary it in SET LR so is it allow or not because some one told me that time spent in EEA application as drf1 not count in long residency and it will break your 3c

Q5, do I still have lawful continue residency if I apply in 28 days or not?

I am so sorry to ask too many question but I really need your help please thanks

Hi there ,
I am in a dilemma myself my previous leave was tier 4 and I applied for flr fp and it got refused with out of country right of appeal and my 10 years will complete in Jan 2017. The only way I have been advised here is to go for jr but the time spent in jr is not counted towards 10 years I-e s 3c leave . So I am confused as to what to do . I saw another guy here who was in a similar situation and applied for a new application in 28 days and then varied it to Ilr and he got Ilr ! My problem is I have been told by solicitors I can apply for a new application but the time will only be counted by 3c if I get that leave and then I can apply for Ilr .

As per I heard we can apply 28 days before set(lr).and if u applied within 28 day grace period other application so u can variation before 28 days set (lr).. Wait for d gurus replay

eawan wrote:hello everyone,

i have had a lot of help from this forum, now time to give back, i am sharing my experience with you all,

on 9th of march i got my ILR on long residence basis.

entered in uk in April 2006 on student visa +psw+ entrepreneur which got refused appeal which was granted got the visa in october 2015 after 2 and half years (which was under 3C)

I went to PSC Sheffield for same day service,

i had one out-of-time application within 28 days,
also i had IVA running ( was worried whether its CCJ or not,,, infact ITS NOT)

went in the centre at 9:35 am
handed my documents and got token at 9:40,
then called for Biometrics at 10:00,
@ 11:25 called to handover my documents with good news, no questions asked at all..

for people on same boat please dont attach too much documents, keep it simple, (you can carry additional important document with u but dont submit, you can give it to them if they ask)

documents i submitted:
Application Form
All Passports with BRP
LIUK test
UK Degree
Covering letter from Solicitor( dont take solicitor with you its just waste of money )
Copies of all the documents provided especially copies of passports pages with entry/exit stamps

Thanks to Almighty all done now..

wish everyone best of luck..

Congratulations on your successful application. How do we proof LR? I have all the passport and the immediate BRP card and two of my passport shows all the entry and exit from the UK. Isn't that enough to proof the LR? My first BRP is with HO, They kept it when I sent for extension. I appreciate your help. Thank you very much.

Dear as I call home office and ask them that in my refusal it's written that if you have any other reason to stay in UNITEDKINGDOM then Lat us know by making an application in appropriate time so how much time I have, she ask my reference number then read it then she said you can make any. application then I ask her that could you tell me which application is good to spent that 5 remaining month she laugh and then she said " dear just put any application and then vary it when you qualify it's a short time 5 month but make sure make application in 28 days

So I will advice you do not go for JR because if JR refuse then you will lose any right to make new application in 28 days so I will advice you to apply FLR FP then vary it with SET LR, I think it's better please wait fo Other GURUS

Wish you best of luck

Dear pink85 I have sent you my contact detail in ur email please check

Samsheikh wrote:Dear as I call home office and ask them that in my refusal it's written that if you have any other reason to stay in UNITEDKINGDOM then Lat us know by making an application in appropriate time so how much time I have, she ask my reference number then read it then she said you can make any. application then I ask her that could you tell me which application is good to spent that 5 remaining month she laugh and then she said " dear just put any application and then vary it when you qualify it's a short time 5 month but make sure make application in 28 days

So I will advice you do not go for JR because if JR refuse then you will lose any right to make new application in 28 days so I will advice you to apply FLR FP then vary it with SET LR, I think it's better please wait fo Other GURUS

Wish you best of luck

Dear, I would suggest you to contact a good solicitor, because you don't have right of appeal and wouldn't cover section 3C Under Immigration Act 1971. If any solicitor will advise you with regards FLR. than go head without delay.

Dear friends,

Could you help me with this I heard that applicant must have valid leave to remain in the uk to apply SET LR is that true?

I apply FLR FP application within 28 days of my refusal as I don't have any in country right of appeal so I submit FLR FP application which I will vary to SET LR soon when I qualify but I don't have valid leave to remain that time so what will be my situation

Mean my application will be consider or what will happen

MyGodisable wrote:Dear All,

For those having problems with "28 days grace" to put in a new application to the Home Office and whether such an application will be considered as "Overstayer", this new Upper Tribunal judgement delivered this year 2016 will be helpful.

The applicant in this case was successful.

The case is: The case is: The Queen on the application of Jyotika Priyesh Bhudia v Secretary of State for the Home Department http://www.bailii.org/uk/cases/UKUT/IAC/2016/25.html.

This case may put an end to the issue and stress of "28 days grace" given by the Home Office.

Goodluck to everyone!

Dear friends,

Could you help me with this I heard that applicant must have valid leave to remain in the uk to apply SET LR is that true?

I apply FLR FP application within 28 days of my refusal as I don't have any in country right of appeal so I submit FLR FP application which I will vary to SET LR soon when I qualify but I don't have valid leave to remain that time so what will be my situation

Mean my application will be consider or what will happen

Samsheikh wrote:

MyGodisable wrote:Dear All,

For those having problems with "28 days grace" to put in a new application to the Home Office and whether such an application will be considered as "Overstayer", this new Upper Tribunal judgement delivered this year 2016 will be helpful.

The applicant in this case was successful.

The case is: The case is: The Queen on the application of Jyotika Priyesh Bhudia v Secretary of State for the Home Department http://www.bailii.org/uk/cases/UKUT/IAC/2016/25.html.

This case may put an end to the issue and stress of "28 days grace" given by the Home Office.

Goodluck to everyone!

Dear friends,

Could you help me with this I heard that applicant must have valid leave to remain in the uk to apply SET LR is that true?

I apply FLR FP application within 28 days of my refusal as I don't have any in country right of appeal so I submit FLR FP application which I will vary to SET LR soon when I qualify but I don't have valid leave to remain that time so what will be my situation

Mean my application will be consider or what will happen

Dear, Home Office will consider you overstayer. However, If your application could refuse and would you submit JR than may be this case will help you but some judge wouldn't consider reference case depend on case. I would suggest you could you contact to solicitor or submitted Tier 4 General Application.

Hi everyone ,

I wanted some urgent help, flr fp got refused and certified last week . I came in uk in Feb 2007 and have been on tier 4 ever since . I was advised by solicitor that they will challenge my certification first and then go for JR . I want to go for ILR in Jan 2017 . Another option is to go for fresh application for flr fp again to gain 10 month . My question :
1)Can I go for this route for fresh application according to 28 days rule as I am liable to be removed.
2) if my flr fp fresh application is accepted within 28 days it will get me max 4-5 moths which leaves me 5 months more . Can i vary it with flr fp again with new grounds or flr (o) ?
3) if that's works can I then vary 2nd fresh application to ILR after 10 years are over in Jan 2017 .
4) how many times a person can vary an application ?
Please let me know as help will be appreciated

Dear Friends,

I would request you, please could you advise me with regards my 10 Years Lawful Continue Residence Application. I have submitted my ILR application to Home Office, please follow the timeline..

Application Posted dated: 04 January 2016
Biometric dated: 01 February 2016
Decision - waiting

My Immigration History.
On 19th January 2006, I was granted an entry clearance as a student valid from 05th January 2006 until 31st August 2008 which was subsequently extended until 28th February 2010.

On 27th February 2010, I submitted LTR application as Tier 4 which was refused on 13th May 2010. Initially, I challenged the decision by way of an appeal to the Immigration and Asylum Tribunal. However, on 29th June 2010 I withdrew my appeal because sponsoring institution had withdrawn my CAS. As a result, my appeal rights exhausted.

On 18th July 2010 (within 28 days of the appeal rights were exhausted), I applied LTR as a Tier 4 to study at University. However my application was refused on 20th August 2010 on the basis that I did not meet the requirements under paragraph 245ZX (1) of the Immigration Rules.

I then made subsequent several application for LTR under Tier 4 General include Tier 1 (Post Study Work), However, my all applications were refused. As a result of a challenge of a decision refusing my last leave to remain application under Tier 1 (PSW) category on 1 March 2012, Home Office requested that we would withdraw per action protocol (PAP) letter, and my solicitors confirmed that if Home Office take a decision exceptionally in accordance with our representation Dated 12th April 2012, we will not issue JR claim.

On 10th May 2012, Home Office granted LTR under Tier 1 (PSW) till 10th May 2014. On 07th May 2014, I submitted Tier 4 application and Home Office has granted LTR under Tier 4 General category till 30th September 2018. On 01st March 2016, I have been withdrawn my course due to finance and University has informed to Home Office. I have not received any correspondence from Home Office. However, my employer has received letter from Home Office with regards my employment confirmation, and my employer has confirmed.

Main Point.
I have studied my SAR file in details (especially PAP Letter Correspondence) and found in GCID – Case Record Sheet (PAP Letter - Minute/Case Notes).. Home Office Caseworker wordings “I have discussed this Tier 4 case with SWC in Tier 4 (SH). As a result on an exceptional basis we need to award claimant points for immigration status. Please not if the claimant reverts back to the Agency for compensation with respect to the Tier 4 refusals then this needs to be routed back to Tier 4 as the issue have stemmed from Tier 4 decision (esp the Tier 4 appl submitted on 18th July 2010) into Tier 1 (Post Study Work) case.

My Questions:
Will the Home Office be approved my ILR base on 10 years long residence?
Would the home office consider my time lawful from 29th June 2010 to 09th May 2012?
Why they have contacted my employer?

I would be grateful to everyone if you would advice or comments my post. Thanks

sa7e wrote:

oni82 wrote:Hi there, I am due for ILR Long residency in July. 7 Years on Tier 4 and 3 Years EEA. I was told by a solicitor that HO will check records to verify whether I breached my Visa terms during my Tier4 period or not. He said that they might access my HMRC account and see if I have exceeded my working hours during the T4 period.

I have worked full time for period 2007-2008 with my IN and I wonder if this can be a cause for my application to be refused? Has anyone else has had similar situation?

Please advice
Thanks

I have a similar situation as yours. 10 years finishing in May 2016. Studen+PSW+EEA 3 year. My partner is self-employed and just like you i have worked full time from 2006-07 but only during holidays time. if you have worked 3 to 4 months in one year, it can be explained as holiday work, but if you have worked 12 months flat then they will look into it. there's nothing much to worried as you have completed 10 years. more important here is how you can prove that your partner is exercising treaty rights. Focus on this and you'll be fine.

My wife has worked full time till a month ago. Now she is self sufficient as we have CIS and she has access to my salary via the joined account> According to the experts it should be okay

oni82 wrote:

sa7e wrote:

oni82 wrote:Hi there, I am due for ILR Long residency in July. 7 Years on Tier 4 and 3 Years EEA. I was told by a solicitor that HO will check records to verify whether I breached my Visa terms during my Tier4 period or not. He said that they might access my HMRC account and see if I have exceeded my working hours during the T4 period.

I have worked full time for period 2007-2008 with my IN and I wonder if this can be a cause for my application to be refused? Has anyone else has had similar situation?

Please advice
Thanks

I have a similar situation as yours. 10 years finishing in May 2016. Studen+PSW+EEA 3 year. My partner is self-employed and just like you i have worked full time from 2006-07 but only during holidays time. if you have worked 3 to 4 months in one year, it can be explained as holiday work, but if you have worked 12 months flat then they will look into it. there's nothing much to worried as you have completed 10 years. more important here is how you can prove that your partner is exercising treaty rights. Focus on this and you'll be fine.

My wife has worked full time till a month ago. Now she is self sufficient as we have CIS and she has access to my salary via the joined account> According to the experts it should be okay

I have HMRC statement but statement doesn't say anything about hours. Home Office only gets information from emloyer or your wage slips. please read this case which was refused base on "the appellant worked in excess of 20 hours per week" ... https://tribunalsdecisions.service.gov. ... 21868-2014 please read this cae