14 Year Continuous Residence ILR Application

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14 Year Long Residence Rule Timeline

Postby Colours » Wed Apr 18, 2012 10:56 am

Dear Members

As always .. I would like to thank you all for your invaluable suggestions on this forum. I have managed to send my application through a Solicitor for ILR under 14 years of Long Residence rules on 04th April 2012.

So far I haven't received any acknowledgement from the UKBA, but having spoken to the Solicitor he advised me that the application was received by the UKBA on 05th April 2012, it was sent recorded.

However, it is human nature that we all worry and I am no exception. Has anyone applied during the same period of time and haven't had any luck hearing about their applications?

Regards, Colours.
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Postby diggingdeep » Thu Apr 19, 2012 3:54 pm

@awzelleg

Can you clarify what do you mean by Gap.

and 28 days is that all "gap"you had in your 14 years period?
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Postby awzelleg » Sun Apr 22, 2012 11:00 pm

Hi diggindeep,

Thank you for your reply. I have been on a student visa since 1998 to 2005 and I have overstayed my visa in 2003 by 28 days and that's what I mean by the 28 days gap. Does this 28 days gap need to be justified and will it affect my application within the 14 years rule?

Thank you so much for your help.

P.S. I have read through the documentation at the UKBA website (Long residence rules). From my understanding of the definition of "continuous residence", I think overstaying the visa by 28 days is considered to be breaking long residence. Can you please confirm this?
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Postby diggingdeep » Tue Apr 24, 2012 11:03 am

It would not affect your application if i understand you correctly. Unless you were given removal notice.

14 long residence rule can contains any period of legal and illegal (overstay) stay. That is the point of the rule. As long as you can prove you have been in the country throughout 14 years.

Are you confusing 10 years rule and 14 years rule?
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Postby awzelleg » Tue Apr 24, 2012 6:52 pm

Thanks for all your help diggingdeep. Just to clarify that I overstayed 28 days then went back home and got a new visa.
Doesn't the definition given by the UKBA to "continuous residence" state clearly that you have to have "leave to remain or enter" when you leave or enter? They give an example of someone overstaying their visa, leaving and then getting a new visa and they state that this constitutes a break of the "continuous residence" rule.

I look forward to your answer and thanks once more.
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Postby diggingdeep » Wed Apr 25, 2012 5:44 pm

I understand what do you mean now from your latest post clarification. I tend to agree with you. Leaving the country without valid visa or after refusal break continuous residence as per immigration rule 276A below.

So if all the "gap" you had is 28 days, and that was because it was of earliest flight you could take, You should write and explain special circumstance why you had this gap, it was not intentionally and was beyond your ability to solve. The caseworker might use his dicretion as you stated in you first post. I have read about cases where some people were refused IRL but granted DLR even though they didn't sit life in UK test because some didn't have ID with pictures required to sit the test. But not exatly case like yours. So if they refuse you IRL, they might grants you DLR (three years) if you met all others criteria. Discuss the issue with competent solicitor.

Below is the guidance note that break continuous residence
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
• been removed or deported from the UK, or has left the UK following refusal of leave to enter or remain

276A.c(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here;
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Postby awzelleg » Wed Apr 25, 2012 10:37 pm

Thanks for confirming diggingdeep, that's what I thought. I am already in contact with a solicitor and I will discuss this at length with him.
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Got ILR on 14 Years Rule

Postby Oscar79 » Fri May 11, 2012 3:51 pm

Submitted my application through a lawyer on the 25th of January 2012.
HO received the documents on the 26th of January 2012
fee debited from my bank on the 6th of February 2012
Received Acknowledgment letter (dated the 6th of February) on the 18th of February 2012.
ILR stamped on the 18th of April 2012
Received my passports and documents today i.e. the 11th of May 2012 (Exactly 15 weeks processing time). Good luck to all those waiting, I know its a rocky road but there is always light in the end of the tunnel just like there is GOD up there.
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Postby flemmylola » Fri May 11, 2012 7:00 pm

awzelleg wrote:Thanks for confirming diggingdeep, that's what I thought. I am already in contact with a solicitor and I will discuss this at length with him.


Hi, I had the same issue. I left the UK when I was in secondary school for summer holidays on an expired visa and returned to the UK on a new visa. This event was a break in continuous residence. I sent in my ILR application under the 14 year rule in January and have recently received a positive result. so I think the case worker would have used his discretion, perhaps because I was young when the event occurred.

So I hopefully you'll get a positive result too
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Re: 14 Year Long Residence Rule Timeline

Postby Loveislovely » Wed May 16, 2012 3:07 pm

Colours wrote:Dear Members

As always .. I would like to thank you all for your invaluable suggestions on this forum. I have managed to send my application through a Solicitor for ILR under 14 years of Long Residence rules on 04th April 2012.

So far I haven't received any acknowledgement from the UKBA, but having spoken to the Solicitor he advised me that the application was received by the UKBA on 05th April 2012, it was sent recorded.

However, it is human nature that we all worry and I am no exception. Has anyone applied during the same period of time and haven't had any luck hearing about their applications?

Regards, Colours.


Please be advised!

I know you might think that I am unfair, but if I were you, I would ask my solicitor for the tracking number of my post (application). Then when I receive it, I would call, just to be sure that HO really has my document, just a few wise words, good luck.

Loveislovely
All for one, one for all..... Peace
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Postby Colours » Thu May 17, 2012 10:26 pm

Many thanks Loveislovely for your sincere advise and I am certain a lot of members on this forum will benefit from this !

I was quite engrossed so I couldn't update my timeline, but I have received the acknowledgement letter from the UKBA confirming my application is received by them on 19th April 2012. The UKBA are not working on the same pace in comparison to last years timeline.

Awaiting Biometrics letter, hopefully it should arrive sometime next week.

Regards, Colours.
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Postby Loveislovely » Mon May 21, 2012 3:09 pm

Colours wrote:Many thanks Loveislovely for your sincere advise and I am certain a lot of members on this forum will benefit from this !

I was quite engrossed so I couldn't update my timeline, but I have received the acknowledgement letter from the UKBA confirming my application is received by them on 19th April 2012. The UKBA are not working on the same pace in comparison to last years timeline.

Awaiting Biometrics letter, hopefully it should arrive sometime next week.

Regards, Colours.


Thanks Colours, and good luck..... keep us posted.
All for one, one for all..... Peace
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Postby Colours » Sat May 26, 2012 5:10 pm

Haven't heard anything from UKBA this week; I was expecting the biometrics letter. However, I will keep you all posted once I receive any correspondence from them.

Good luck with your application too, Loveislovely!
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Postby alexelot » Sun May 27, 2012 11:59 am

Hello,

Can you please help me to recognize if my clock had been stopped after my asylum case failed in 2001. Since I have changed my address and not notified HO. I have not been in touch with HO for long time, but now I have requested my Subject Access Request and I have it. I am looking for “notice of liability of removal”, “removal directions” or a “notice of intention to deport”. But can not find exactly this documents.
I have a Notice of Decision, where last paragraph stating if I do not appeal I am required to leave the UK no later than 28 days from the date of this notice.
Than I have a notice of appeal. Appeal was dismissed. After that I don’t have any letters from HO sent to me or my solicitor.
Only in 2010 HO was looking for me under Legacy. Now I guess is a little bit late to react.
How can I know for definitely about my 14 years clock?
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Postby diggingdeep » Wed May 30, 2012 5:40 pm

alexelot wrote:Hello,

Can you please help me to recognize if my clock had been stopped after my asylum case failed in 2001. Since I have changed my address and not notified HO. I have not been in touch with HO for long time, but now I have requested my Subject Access Request and I have it. I am looking for “notice of liability of removal”, “removal directions” or a “notice of intention to deport”. But can not find exactly this documents.
I have a Notice of Decision, where last paragraph stating if I do not appeal I am required to leave the UK no later than 28 days from the date of this notice.
Than I have a notice of appeal. Appeal was dismissed. After that I don’t have any letters from HO sent to me or my solicitor.
Only in 2010 HO was looking for me under Legacy. Now I guess is a little bit late to react.
How can I know for definitely about my 14 years clock?



You question is not clear. Did you get any notice, if so what notice did you get looking from you SAR file.
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Postby alexelot » Wed May 30, 2012 9:06 pm

1. I get Notice of Decision.
2. I get Notice of Appeal.
Do you think any of this notices can be considered as "stop the clock"?
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Postby Greenie » Wed May 30, 2012 9:57 pm

was the decision

"a decision to remove by the way of directions under paragraphs 8 to 10A, or 12 to 14, of schedule 2 to the Immigration Act 1971, or section 10 of the Immigration and Asylum Act 1999"
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Postby Colours » Thu Jun 07, 2012 9:13 am

Just a quick update!

I have received the Biometrics enrollment letter on 01st June towards my 14 year long residence application.

So far the timeline of my application is as follows:

Application posted: 04th April 2012
Acknowledgement dated: 17th April 2012
Acknowledgement recevied: 23rd April 2012
Biometrics enrollment letter dated: 25th April 2012
Biometrics enrollment letter received: 01st June 2012

I humbly request all those who have made application under the 14 year category to kindly update their timelines.

Regards, Colours
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Postby diggingdeep » Thu Jun 07, 2012 2:00 pm

alexelot wrote:1. I get Notice of Decision.
2. I get Notice of Appeal.
Do you think any of this notices can be considered as "stop the clock"?

I have requested my Subject Access Request and I have it. I am looking for “notice of liability of removal”, “removal directions” or a “notice of intention to deport”. But can not find exactly this documents.


It is important you find the documents or request another SAR. Otherwise we are speculating.
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Postby alexelot » Thu Jun 07, 2012 2:11 pm

diggingdeep wrote:
alexelot wrote:1. I get Notice of Decision.
2. I get Notice of Appeal.
Do you think any of this notices can be considered as "stop the clock"?

I have requested my Subject Access Request and I have it. I am looking for “notice of liability of removal”, “removal directions” or a “notice of intention to deport”. But can not find exactly this documents.


It is important you find the documents or request another SAR. Otherwise we are speculating.


I do have SAR. However, I do not have above Notices. Must be my clock is still ticking.
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