10 years long residence applications

sk77 · Post by **sk77** » Thu May 16, 2013 1:41 pm

After waiting for more than 8.5 months I called UKBA today to check the progress of my application. The lady on the phone checked on her system and then asked me to hold as she needs to make few enquiries with the relevant department. After 3-4 minutes wait she came back and said the application is not complete yet and I have to wait.

rainm · Post by **rainm** » Thu May 16, 2013 2:45 pm

Got my ILR 2 weeks ago after more than 8 months of waiting and after sending many letters/emails. Was a horrible 8 months and it was extremely difficult. I just wanted to say thanks to the people who run this forum and the people who post helpful information. I think you are doing a great job. It has helped me a lot and provided help and peace of mind to countless others. Thank you very much.

Pari_in_kwest · Post by **Pari_in_kwest** » Fri May 17, 2013 12:27 am

Hi there,

I recieved my ILR on the basis of 10 years long residency on 31 Jan 2013. I had to travel back to India for a month and a half straight after that due to an unfortunate situation. I have now been offered to work abroad, which allows me to travel to England every 2.5 months for about 2 weeks. I will be in this job for a year. I would like to know when can I apply for my British Passport and what are the rules. The information on Home Office website is unclear and fragmentary. Also, I dont know what the difference is between obtaining British passport, British Citizenship and Naturalisation. I would really appreciate if you could please respond to my query.

Thanks
Ritu

Post by **Damanisshallo** » Fri May 17, 2013 9:43 am

Pari_in_kwest wrote:Hi there,

I recieved my ILR on the basis of 10 years long residency on 31 Jan 2013. I had to travel back to India for a month and a half straight after that due to an unfortunate situation. I have now been offered to work abroad, which allows me to travel to England every 2.5 months for about 2 weeks. I will be in this job for a year. I would like to know when can I apply for my British Passport and what are the rules. The information on Home Office website is unclear and fragmentary. Also, I dont know what the difference is between obtaining British passport, British Citizenship and Naturalisation. I would really appreciate if you could please respond to my query.

Thanks
Ritu

You will have to wait until Jan 2014. However, I see that you've waited for 5 months on your ILR which I doubt if you qualify under Para 7.5g. However, if you qualify under this para then you can apply for Naturalisation in Oct this year.

Naturalization is where you get an approval letter followed by an Oath Ceremony[Costs around £850 on average]. Once you have this certificate you can apply for a British Passport anytime you wish [costing you another £250]

-HTH

bestmd · Post by **bestmd** » Fri May 17, 2013 10:02 am

Submit your feedback and ask for Priority Service for 10 years ILR so we don't have to wait 8 to 12 months.

http://www.ukba.homeoffice.gov.uk/sitec ... 2improving

ebo1 · Post by **ebo1** » Fri May 17, 2013 10:17 am

Damanisshallo wrote:
Pari_in_kwest wrote:
You will have to wait until Jan 2014. However, I see that you've waited for 5 months on your ILR which I doubt if you qualify under Para 7.5g. However, if you qualify under this para then you can apply for Naturalisation in Oct this year.

-HTH

Hi Damanisshallo,

What is the minimum ILR wait time to be considered under 15 months rule?

Thanks

Post by **Damanisshallo** » Fri May 17, 2013 10:53 am

ebo1 wrote: What is the minimum ILR wait time to be considered under 15 months rule?

I've asked the same question few months back and they haven't answered the exact meaning of protracted but I'd assume it to be over 6 months.

fazhaque · Post by **fazhaque** » Fri May 17, 2013 12:04 pm

All,
Want to share some good news...Me and wife both got ILR after 8 months of long and stressful wait. A massive thank you to all of you guys ( Specially Damanisshallo) for your endless support and advice. Please could anyone add our timeline in the Skydrive.

Wish you all the best who are still waiting to receive your ILR - Have faith in Allah.

My Wifes Time line (10 Years ILR) -

Application sent: 11/09/2012
Acknowledgement:14/09/2012
Biometric letter received: 10/01/2013 ( Yes 4 months !!)
Biometric done (at PO): 10/01/2013
Biometric (ILR) Card Received: 09/05/2013
Documents Received: 14/05/2013

My Time line (10 Years ILR) -

Application sent: 11/09/2012
Acknowledgement:14/09/2012
Biometric letter received: 10/01/2013 ( Yes 4 months !!)
Biometric done (at PO): 10/01/2013
Biometric (ILR) Card Received: 17/05/2013
Documents Received: 17/05/2013

lsagar30 · Post by **lsagar30** » Fri May 17, 2013 12:33 pm

Hello all,
Have been reading this forum since Jan 2013. My timeline is as follows.
Application Sent: 20th Sep 2012 (10 year basis)
Acknowledgment received: 26 Sep 2012.
Biometric invitation received: 26th Nov 2012
Biometrics done: 27th Nov 2012.
Rest waiting.

Was inspired to send an email to our local MP, as recommended by many on this forum. Got an immediate reply that he will look into the matter. Also send emails to Theresa May and Rob Whiteman, but no replies.
On 15th May received another email from the secretary of the local MP that he has contacted the Home office my behalf and they have confirmed that my case has been assigned to a case worker and was last looked at on 8th May. Now don't know what that means. But wish that my passports come back to me with the approval letter and biometric card soon.

Thankyou for all those who have been so motivating and honest and have been sharing their views and timelines on this forum. It is really helping so many out there to keep their morale up during their long wait.

I am not that good at Excel. So if anyone can be kind enough to update my timeline on Skydrive, I would be very thankful. All the best to all.

S17 · Post by **S17** » Fri May 17, 2013 1:29 pm

Its been exactly 9 months since I applied for ILR and still nothing. I was one of the first people to get my biometric invitation in october (as an August applicant), and I think they're working backwards from biometric order!

remond · Post by **remond** » Fri May 17, 2013 2:16 pm

Hi I need urgent advice my partner visa is refused under new rules for financial requirement. I got ilr 10 years basis in march and applied for her in oct after 1 week of my application. She is tier 4 dependant from 2006 so should come under old rules but case worker refused based on new rule n given appeal right. What is the best option left for me? Pls suggest thanks.

Post by **Damanisshallo** » Fri May 17, 2013 2:36 pm

remond wrote:Hi I need urgent advice my partner visa is refused under new rules for financial requirement. I got ilr 10 years basis in march and applied for her in oct after 1 week of my application. She is tier 4 dependant from 2006 so should come under old rules but case worker refused based on new rule n given appeal right. What is the best option left for me? Pls suggest thanks.

You will have to provide further details on the reason for refusal. What exact reason ?

remond · Post by **remond** » Fri May 17, 2013 2:46 pm

She does not earn 18600 that's the reason. She earn only 550 PCM and provided third party support from back home. Thanks

remond · Post by **remond** » Fri May 17, 2013 3:42 pm

Damanisshallo wrote:
remond wrote:Hi I need urgent advice my partner visa is refused under new rules for financial requirement. I got ilr 10 years basis in march and applied for her in oct after 1 week of my application. She is tier 4 dependant from 2006 so should come under old rules but case worker refused based on new rule n given appeal right. What is the best option left for me? Pls suggest thanks.
You will have to provide further details on the reason for refusal. What exact reason ?

She does not earn 18600 that's the reason. She earn only 550 PCM and provided third party support from back home. Thanks any suggestion why they did so where they should consider it under the old rules.

Post by **Damanisshallo** » Fri May 17, 2013 3:42 pm

remond wrote:She does not earn 18600 that's the reason. She earn only 550 PCM and provided third party support from back home. Thanks

Try a reconsideration letter, which is a letter to the United Kingdom Border Agency stating the reasons why you feel your application was wrongly refused, you need to refute all the points made in the refusal letter and state the reasons why.

With the letter of reconsideration you can also attach further evidence to back up your point and refer to it in the letter.

The letter should be sent to the same post which refused your application and to the person and department names of which should be stated at the end of the refusal letter, there is no fee for this and if a decision in your favour is forthcoming then your visa will be granted. You should send this letter as soon as possible.

You can clearly mention that she first entered the UK in 2006 which is Pre July 2012 hence you believe that she should be considered under old rules. However, it is worth mentioning that you are aware of the changes made to the rules on/after 6th April and that she cannot apply for SET(M) before 2 yrs from now.

The main motto of this letter should be to let the caseworker know that it was wrongly considered under old rules and that you'd win this appeal without any hesitations and that you're trying to resolve this out of court.
(Bear in mind, do not put these words in the letter but some how you will have to indicate without mentioning as if you've whispered)

Rather than going to a solicitor to appeal, try to speak to them (Supervisor) not the CSA and explain to them the situation that they've sadly mistaken the dates. I remember lately someone had the similar kind of refusal and they managed to revert back the decision. (Saving you £££'s). Reading the reconsideration process might help you.

UKBA's Reconsideration policy @ Page 6 wrote:Definition of a reconsideration
A reconsideration is a review by the UK Border Agency of a decision made in the UK on an application for:
 further limited or indefinite leave to remain
 transfer of conditions (TOC), or
 no time limit (NTL).
Such a request will usually be about a refusal decision but may also be about aspects of an approval (for example, the period of leave granted).
When is a reconsideration request acceptable?
The UK Border Agency is not legally obliged to reconsider an immigration decision. When an applicant has a right of appeal, the correct method for them to challenge the decision is to lodge an appeal. Applicants refused without a right of appeal can either:
 challenge the decision through the judicial review process
 make a fresh application for limited or indefinite leave to remain, if they believe they
can show that they meet the requirements of the route under which they are applying,
or
 in the case of refused TOC or NTL applications, submit a fresh application that
addresses the reasons why the original application was refused. The UK Border Agency will however reconsider applications, if:
 The application was granted and the applicant believes that the type of leave granted or the expiry date of the leave is incorrect.
 The reconsideration is a legacy request submitted before 13 November 2012 and there are still reasons to reconsider the decision.
 The reconsideration request is about a case affected by the Alvi judgement and the
applicant is still in-time to bring an appeal or judicial review. For information on how to deal with reconsideration requests based on the Alvi judgment, see related link.
For information on what is not an acceptable reconsideration request, the requirements a request must meet and legacy reconsideration requests, see links on left.

remond · Post by **remond** » Fri May 17, 2013 5:15 pm

Damanisshallo wrote:
remond wrote:She does not earn 18600 that's the reason. She earn only 550 PCM and provided third party support from back home. Thanks
Try a reconsideration letter, which is a letter to the United Kingdom Border Agency stating the reasons why you feel your application was wrongly refused, you need to refute all the points made in the refusal letter and state the reasons why.

With the letter of reconsideration you can also attach further evidence to back up your point and refer to it in the letter.

The letter should be sent to the same post which refused your application and to the person and department names of which should be stated at the end of the refusal letter, there is no fee for this and if a decision in your favour is forthcoming then your visa will be granted. You should send this letter as soon as possible.

You can clearly mention that she first entered the UK in 2006 which is Pre July 2012 hence you believe that she should be considered under old rules. However, it is worth mentioning that you are aware of the changes made to the rules on/after 6th April and that she cannot apply for SET(M) before 2 yrs from now.

The main motto of this letter should be to let the caseworker know that it was wrongly considered under old rules and that you'd win this appeal without any hesitations and that you're trying to resolve this out of court.
(Bear in mind, do not put these words in the letter but some how you will have to indicate without mentioning as if you've whispered)

Rather than going to a solicitor to appeal, try to speak to them (Supervisor) not the CSA and explain to them the situation that they've sadly mistaken the dates. I remember lately someone had the similar kind of refusal and they managed to revert back the decision. (Saving you £££'s). Reading the reconsideration process might help you.

UKBA's Reconsideration policy @ Page 6 wrote:Definition of a reconsideration
A reconsideration is a review by the UK Border Agency of a decision made in the UK on an application for:
 further limited or indefinite leave to remain
 transfer of conditions (TOC), or
 no time limit (NTL).
Such a request will usually be about a refusal decision but may also be about aspects of an approval (for example, the period of leave granted).
When is a reconsideration request acceptable?
The UK Border Agency is not legally obliged to reconsider an immigration decision. When an applicant has a right of appeal, the correct method for them to challenge the decision is to lodge an appeal. Applicants refused without a right of appeal can either:
 challenge the decision through the judicial review process
 make a fresh application for limited or indefinite leave to remain, if they believe they
can show that they meet the requirements of the route under which they are applying,
or
 in the case of refused TOC or NTL applications, submit a fresh application that
addresses the reasons why the original application was refused. The UK Border Agency will however reconsider applications, if:
 The application was granted and the applicant believes that the type of leave granted or the expiry date of the leave is incorrect.
 The reconsideration is a legacy request submitted before 13 November 2012 and there are still reasons to reconsider the decision.
 The reconsideration request is about a case affected by the Alvi judgement and the
applicant is still in-time to bring an appeal or judicial review. For information on how to deal with reconsideration requests based on the Alvi judgment, see related link.
For information on what is not an acceptable reconsideration request, the requirements a request must meet and legacy reconsideration requests, see links on left.

Thanks Dam, the deadline to lodge appeal is 31 may do you think they will reply before that time? Also I think CW did a mistake about the date as he mentioned my wife was given recent PBS dependant leave until 31 October. We actually applied for extension 31 jan 12 and got approved 30 August 2012. So I was assuming he counted that time as it is after 9 July 2012.

fazhaque · Post by **fazhaque** » Fri May 17, 2013 6:57 pm

Please could you give me some advice when I can apply for naturalization based on my below ILR timeline....
Applied on 11th Sep 2012
ILR received - 17th May 2013

Many thanks for your advice!!

Android55 · Post by **Android55** » Fri May 17, 2013 7:42 pm

Hiya all,

I have been a silent follower of the forum....quietly going mad but now I have a genuine reason to go celebrating this weekend.

Please see my timeline below;

Application sent: 03/09/2012
Acknowledgement:05/09/2012
Biometric letter received: 31/10/2012
Biometric done (at PO): 31/10/2012
Biometric (ILR) Card Received: Waiting
Documents Dated: 13/05/2013
Documents Recieved: 15/05/2013

suzuka23 · Post by **suzuka23** » Fri May 17, 2013 7:51 pm

Android55 wrote:Hiya all,

I have been a silent follower of the forum....quietly going mad but now I have a genuine reason to go celebrating this weekend.

Please see my timeline below;

Application sent: 03/09/2012
Acknowledgement:05/09/2012
Biometric letter received: 31/10/2012
Biometric done (at PO): 31/10/2012
Biometric (ILR) Card Received: Waiting
Documents Dated: 13/05/2013
Documents Recieved: 15/05/2013

You should definitely celebrate this weekend. Congrats!!
Still waiting and it will be long (January applicant)

Post by **Damanisshallo** » Fri May 17, 2013 8:03 pm

remond wrote:Thanks Dam, the deadline to lodge appeal is 31 may do you think they will reply before that time? Also I think CW did a mistake about the date as he mentioned my wife was given recent PBS dependant leave until 31 October. We actually applied for extension 31 jan 12 and got approved 30 August 2012. So I was assuming he counted that time as it is after 9 July 2012.

You can mention this on your reconsideration letter and also mention that the last date for your appeal is 31 May 2013 and that if you do not hear anything before 29th of May, you will have no other choice but to challenge their original decision. However, leave an impression that you'll be more than happy to sort this out of court. Alternatively, you can send this letter and appeal simultaneously. If they decide to override their original decision, they will ask you to withdraw your appeal.

jony_dhaka · Post by **jony_dhaka** » Fri May 17, 2013 9:33 pm

fazhaque wrote:Please could you give me some advice when I can apply for naturalization based on my below ILR timeline....
Applied on 11th Sep 2012
ILR received - 17th May 2013

Many thanks for your advice!!

not before 17 may 2014

sk77 · Post by **sk77** » Fri May 17, 2013 11:23 pm

Hi all, after waiting for more than 8.5 months i got my ILR approval letter today on 17th May 2013. However the letter is dated 1st May 2013. But anyway I am so pleased and grateful to God.

Jongo · Post by **Jongo** » Sat May 18, 2013 1:07 am

Hi all,I have been calling ukba since I reached the six month mark,normaly the response is still in progress as soon as I give in my details,however when I called they told me my application was with the case worker,that was last week.this week I called twice,and was taken a back the time the person took to eventually tell me it's not complete and one told me I have your application but u have to keep waiting,it took them almost two minutes to tell me to keep waiting I wonder what they are reading .for information my time is now six months and few weeks.

zak786 · Post by **zak786** » Sat May 18, 2013 8:58 am

Hi guys after waiting for more than 9 months I got my ILR approval letter on 16th May 2013. I was 3 days short of actually completing 10 years and due to this there was lot of confusion surrounding my application. Few solicitors were of the opinion that I do not have visa to complete 10 years lawful residence therefore my ILR application will be refused. Others thought that if I apply with in 28 days of completing 10 years and if I have a valid visa at the time of the application I should be fine. Couple of days ago I posted links from whatdotheyknow.com where UKBA has answered a similar query in which they said that a few days short of 10 years is not a consideration as long as the applicant applies with in 28 days and has valid visa at the time of the application. But we did not have any real life example where an applicant has ILR approved with few days short of 10 years residence. I believe my case is a test case for people who are short of few days and will help to solve this confusion. Lastly thanks to members of this forum who are always there to help other people.

davidbaxter2000 · Post by **davidbaxter2000** » Sat May 18, 2013 9:35 am

Dear All,
I have completed my 10 years and have given biometric while waiting for decision at the moment. I have just read some cases of Cambridge college of learning, IGS or post study deception refusal. People have been refused for their previous psw leave as Ho claim it wasn't genuine. I have been on IGS 1 year from 2008 and then 1 year on psw before switching to student again. I got my psw from Westminister college of computing in early 2008. Middle of 2008 WCC was closed down and raided. By that i have my igs and passed post graduate diploma. I am really worried for my case now. Anybody please help/

Am i on a high risk now that HO would refuse me on that ground? some other people from univisa and LSCE were refused ILR on groud of deception for PSW which they got 3 or 4 years back.

Anybody please advice. what is there for me to do!

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