Few months to completing 10 years…ADVICE NEEDED!!!

Hello everyone,
I have a problem with my 10 years residency. I have been in the UK since september 2004 under student visa. I have been on MPhil for the past 4 years and 4 months. Normally an MPhil would only take 2 yrs. The reason I have been able to stay this long is that the university seemed to have made some sort of mistake and I have somehow passed under the radar for this long. Now my visa expires at the end of april 2014. I tried to apply for an extension to submit my thesis to the university. The application for extension have alerted the university to my situation. Now the university does not seem to be willing to give me an extension (so no CAS number) and is likely going to report me to UKBA so that I leave the country and submit my MPhil dissertation from home (my home country) or before i leave. I will be completing 10 years in september 2014 (4-5 months left).

Question is: How can I get to september legally in my case, so that I can apply for ILR?

I need a solution ASAP, there is not much time left (2 weeks).
Any suggestions are appreciated.

Thanks

Can please someone advise?? its getting very urgent!

Apply for FLR(FP) is an option.

Thank you for your reply Amber.

But on what basis can I apply for FLR(FP)? I have no kids and no partner.

Perhaps,

276ADE (1) wrote:The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:

(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.

May be applicable?

"has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK."

how could I prove that?? how could I support the application? I still have family in my home country and I go there frequently on holidays.

Ojey wrote:"has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK."

how could I prove that?? how could I support the application? I still have family in my home country and I go there frequently on holidays.

Hi

U put the application form flr fp.

U want to spend 4 to 5 nmonths time. So don't be worried if u dont get flr fp visa.

Just apply and delay your biometric to get more time than they refuse cos u not full filling 276 ade . u have option to go to appeal process and complete 10 years.

Than withdraw your appeal and put ilr application.

Regards

Zee ali wrote:

Ojey wrote:"has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK."

how could I prove that?? how could I support the application? I still have family in my home country and I go there frequently on holidays.

Hi

U put the application form flr fp.

U want to spend 4 to 5 nmonths time. So don't be worried if u dont get flr fp visa.

Just apply and delay your biometric to get more time than they refuse cos u not full filling 276 ade . u have option to go to appeal process and complete 10 years.

Than withdraw your appeal and put ilr application.

Regards

I think I understand what you mean. But…
1- what if they dont give me right to appeal?
2- what if application is invalid?
3- what if application and appeal are decided before completing 10 years?
4- Should I go for FLR(FP) or FLR(O)…FLR(O) seems to be intended for application outside the law or ("Other purposes/ reasons not covered by other application forms")

Thanks for your replies.

Any suggestions??

Ojey wrote:Any suggestions??

You need to apply before your leave expires!. You will have the right of appeal. Do not delay to apply before your leave expire and also if it is refused before you complete your 10 years; you can appeal within 10 working days and surely you will crosss the 10 years. Ask in this forum by that time.......... Also, to avoid invalidity, try to use bank draft. Do not let there be any payment issue.

Great77 wrote:

Ojey wrote:Any suggestions??

You need to apply before your leave expires!. You will have the right of appeal. Do not delay to apply before your leave expire and also if it is refused before you complete your 10 years; you can appeal within 10 working days and surely you will crosss the 10 years. Ask in this forum by that time.......... Also, to avoid invalidity, try to use bank draft. Do not let there be any payment issue.

Thank you for you reply Great77.
Do you think I should use FLR(O) or FLR(FP)? I am not married and no child.
If any what would be the best grounds to go for in my case.

Ojey wrote:

Great77 wrote:

Ojey wrote:Any suggestions??

You need to apply before your leave expires!. You will have the right of appeal. Do not delay to apply before your leave expire and also if it is refused before you complete your 10 years; you can appeal within 10 working days and surely you will crosss the 10 years. Ask in this forum by that time.......... Also, to avoid invalidity, try to use bank draft. Do not let there be any payment issue.

Thank you for you reply Great77.
Do you think I should use FLR(O) or FLR(FP)? I am not married and no child.
If any what would be the best grounds to go for in my case.

Use form FLR(FP) if you want to apply base on family and private life reason. But if other reasons(medical mostly) then you can use FLR(O).The answer to this is still use FLR (FP) because the link I provided below said you wish to apply anyway on private life.

Please check the link below:

http://www.ein.org.uk/news/home-office- ... licants-uk

Ojey wrote:

Zee ali wrote:

Ojey wrote:"has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK."

how could I prove that?? how could I support the application? I still have family in my home country and I go there frequently on holidays.

Hi

U put the application form flr fp.

U want to spend 4 to 5 nmonths time. So don't be worried if u dont get flr fp visa.

Just apply and delay your biometric to get more time than they refuse cos u not full filling 276 ade . u have option to go to appeal process and complete 10 years.

Than withdraw your appeal and put ilr application.

Regards

I think I understand what you mean. But…
1- what if they dont give me right to appeal?
2- what if application is invalid?
3- what if application and appeal are decided before completing 10 years?
4- Should I go for FLR(FP) or FLR(O)…FLR(O) seems to be intended for application outside the law or ("Other purposes/ reasons not covered by other application forms")

Thanks for your replies.

Hi

When u apply in time they have to give u right of appeal if refused.

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

See page 5 of 26.

Delay your biometric once

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

See page 48 of 130.

Pay through cheque or bank draft.

Don't pay by card specially not with credit card.

Fill all the mandatory section of flr fp.

Use flr fp form even u r not qualifying for private life.

https://www.gov.uk/government/uploads/s ... _04-14.pdf

See page 8 of 43 bottom lines

If you are applying for leave to remain in the UK on the basis of your family and/or private life and
you know you do not meet the requirements of the above categories, but would like to apply anyway,
tick the box most closely relating to your circumstances. You must complete all relevant Sections and
Section 11.

any help pm me aur discuss here.

Regards

Much clarified Zee ali. Thank you.
Now, do you think I should do this through a solicitor or do it myself? because I am not sure of what documents and evidence I need to support my application. If I use a solicitor, will it increase my chances to be granted FLR? because if not, I am looking to stay without my passport and no right to work for up to 9 months and maybe more.

Your responses are very much appreciated. Thank you.

Ojey wrote:Much clarified Zee ali. Thank you.
Now, do you think I should do this through a solicitor or do it myself? because I am not sure of what documents and evidence I need to support my application. If I use a solicitor, will it increase my chances to be granted FLR? because if not, I am looking to stay without my passport and no right to work for up to 9 months and maybe more.

Your responses are very much appreciated. Thank you.

Hi

i think it's better if u hire a good solicitor. Your future is based on this application so do not take chances. It would be a well worth

investment.

U need to prove 276 ade to get flr fp visa.

But it's very hard to full fill 276 ade requirement

Paragraph 276ADE of the Rules indicates that leave to remain may be granted to a long residence
applicant if he or she has lived continuously in the UK:
 for at least 20 years; or
 for at least 7 years (and the applicant is under 18 years of age)and why it's unreasonable for child to go back; or
 for at least half of his life (and the applicant is aged between 18 and 25 years); or
 for less than 20 years (and the applicant has no ties to the country to which he or she would
have to go if required to leave the UK).

u can work while u wait for your application decision and waiting for your appeal hearing.

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

See page 6 of 26.

To satisfy your current employer or new employer tell them to check your right to work from HO directly using this form

https://www.gov.uk/government/publicati ... ht-to-work

Tell your empolyer to fill in this form and email them HO will reply to your employer within 5 workings days...

Only do this when u submit an in time application and got acknowledgement letter ( u need ref number to put in the employment checking form).

If your employer is happy with acknowledgement letter than do not use this employment checking service. (just for safe side).

Zee ali wrote:

Ojey wrote:Much clarified Zee ali. Thank you.
Now, do you think I should do this through a solicitor or do it myself? because I am not sure of what documents and evidence I need to support my application. If I use a solicitor, will it increase my chances to be granted FLR? because if not, I am looking to stay without my passport and no right to work for up to 9 months and maybe more.

Your responses are very much appreciated. Thank you.

Hi

i think it's better if u hire a good solicitor. Your future is based on this application so do not take chances. It would be a well worth

investment.

U need to prove 276 ade to get flr fp visa.

But it's very hard to full fill 276 ade requirement

Paragraph 276ADE of the Rules indicates that leave to remain may be granted to a long residence
applicant if he or she has lived continuously in the UK:
 for at least 20 years; or
 for at least 7 years (and the applicant is under 18 years of age)and why it's unreasonable for child to go back; or
 for at least half of his life (and the applicant is aged between 18 and 25 years); or
 for less than 20 years (and the applicant has no ties to the country to which he or she would
have to go if required to leave the UK).

u can work while u wait for your application decision and waiting for your appeal hearing.

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

See page 6 of 26.

To satisfy your current employer or new employer tell them to check your right to work from HO directly using this form

https://www.gov.uk/government/publicati ... ht-to-work

Tell your empolyer to fill in this form and email them HO will reply to your employer within 5 workings days...

Only do this when u submit an in time application and got acknowledgement letter ( u need ref number to put in the employment checking form).

If your employer is happy with acknowledgement letter than do not use this employment checking service. (just for safe side).

Again…Thank you very much for you reply Zee ali.

I think I can only possibly belong to the last rule of paragraph 276ADE: "lived for less than 20 years", but it would be hard to prove this : "and the applicant has no ties to the country to which he or she would have to go if required to leave the UK".
I will go through a solicitor just in case, I just hope I do not know better than them now.
I understand now that I can only work for 20 hours a week while on 3C or 3D as I currently hold a student visa.

Thanks for your time and help.

Ojey wrote:

Zee ali wrote:

Ojey wrote:Much clarified Zee ali. Thank you.
Now, do you think I should do this through a solicitor or do it myself? because I am not sure of what documents and evidence I need to support my application. If I use a solicitor, will it increase my chances to be granted FLR? because if not, I am looking to stay without my passport and no right to work for up to 9 months and maybe more.

Your responses are very much appreciated. Thank you.

Hi

i think it's better if u hire a good solicitor. Your future is based on this application so do not take chances. It would be a well worth

investment.

U need to prove 276 ade to get flr fp visa.

But it's very hard to full fill 276 ade requirement

Paragraph 276ADE of the Rules indicates that leave to remain may be granted to a long residence
applicant if he or she has lived continuously in the UK:
 for at least 20 years; or
 for at least 7 years (and the applicant is under 18 years of age)and why it's unreasonable for child to go back; or
 for at least half of his life (and the applicant is aged between 18 and 25 years); or
 for less than 20 years (and the applicant has no ties to the country to which he or she would
have to go if required to leave the UK).

u can work while u wait for your application decision and waiting for your appeal hearing.

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

See page 6 of 26.

To satisfy your current employer or new employer tell them to check your right to work from HO directly using this form

https://www.gov.uk/government/publicati ... ht-to-work

Tell your empolyer to fill in this form and email them HO will reply to your employer within 5 workings days...

Only do this when u submit an in time application and got acknowledgement letter ( u need ref number to put in the employment checking form).

If your employer is happy with acknowledgement letter than do not use this employment checking service. (just for safe side).

Again…Thank you very much for you reply Zee ali.

I think I can only possibly belong to the last rule of paragraph 276ADE: "lived for less than 20 years", but it would be hard to prove this : "and the applicant has no ties to the country to which he or she would have to go if required to leave the UK".
I will go through a solicitor just in case, I just hope I do not know better than them now.
I understand now that I can only work for 20 hours a week while on 3C or 3D as I currently hold a student visa.

Thanks for your time and help.

Hi

I think u can work full time as 20 hours restriction is when u r studying or during term time.

I suppose u finish your term or going to finish it soon.

Read page 6 of 26 carefully.

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

I think senior Moderator Amber can help u on this one.

One more thing don't let solicitor confuse u on flr o and flr fp. Some solicitor still referring people to use flro.

If u r going to see any solicitor don't tell them u want to use flr fp. Just say i am short of 4 or 5 months tell me how can i overcome

this gap to get ilr. Than see what they say to u .

And kindly share your experience with solicitor here or pm me .

I think I can only work full time in vacation and for a maximum period of 4 months (I still need to confirm this).

The FLR(O) and FLR(FP) are slightly confusing, although they clearly state to use them in for the following categories (based on the 2 most categories I can apply for):
- FLR(O): "Other purposes/reasons not covered by other application forms". (As I am still due to submit my thesis by the end of the month, one solicitor I spoke to on the phone advised that I apply using FLR(O) outside the rule on grounds that I need to be here in order to attend a potential oral examination and/or do any corrections on my thesis as will be requested by the examiner and/or attend graduation. Although this can be done under the student visitor visa, which requires me to apply for it outside the UK, which is risky in case I get refused).
- FLR(FP): "Private life in the UK (10 year route)".

I will certainly keep you updated once I see and choose a solicitor to lodge the application for me.

Hi Zee ali.

I just spoke to a solicitor today. As I expected, I turned out to know better than her .Although she did suggest one or 2 thinks which got me thinking and confused more.

First, she suggested using the highly skilled migrant visa (which I think it has been abandoned).

Second, she suggested using the FLR(O) for the private life category, and she did not even know about the FLR(FP).

Third, something which got me thinking, is why should I not apply for the ILR straight away now using SET(O) and request for discretion from caseworker to overlook the time left to complete my 10 years, and support my application with documents to show my long stay up to now has always been legal and I dont want to be an overstayer and that I need permission to work and that I want to make the UK my home etc… Also to put a document asking that if I am refused for ILR then they should consider me for FLR to complete my 10 years. Now, if I am refused then I can go for appeal and that would take me to 10 years. But what i am not sure about is if the application is returned invalid!!!! (is it possible to invalidate the application because of not having completed the 10 years??).

What do you think guys?

If you apply for SET(LR) now, you should be ok so far as when the decision maker makes a decision you satisfy the requirements as per AQ(Pakistan) v Secretary of State for the Home Department (2011) EWCA Civ 833[click].

Ojey wrote:Hi Zee ali.

I just spoke to a solicitor today. As I expected, I turned out to know better than her .Although she did suggest one or 2 thinks which got me thinking and confused more.

First, she suggested using the highly skilled migrant visa (which I think it has been abandoned).

Second, she suggested using the FLR(O) for the private life category, and she did not even know about the FLR(FP).

Third, something which got me thinking, is why should I not apply for the ILR straight away now using SET(O) and request for discretion from caseworker to overlook the time left to complete my 10 years, and support my application with documents to show my long stay up to now has always been legal and I dont want to be an overstayer and that I need permission to work and that I want to make the UK my home etc… Also to put a document asking that if I am refused for ILR then they should consider me for FLR to complete my 10 years. Now, if I am refused then I can go for appeal and that would take me to 10 years. But what i am not sure about is if the application is returned invalid!!!! (is it possible to invalidate the application because of not having completed the 10 years??).

What do you think guys?

hi
Your form should be set lr not set o.

https://www.gov.uk/government/uploads/s ... e-life.pdf

See page 5 of 67

what happen if u apply early

See page 15 of 67

Regards

Amber_ wrote:If you apply for SET(LR) now, you should be ok so far as when the decision maker makes a decision you satisfy the requirements as per AQ(Pakistan) v Secretary of State for the Home Department (2011) EWCA Civ 833[click].

@Amber

Is this apply for in time set lr application???

or if some one apply in other category and all appeal right exhausted and still short of like 1 or 2 months to complete 10 years.

he than submit set lr than same principle apply or not (decision maker date of decision ).

Regards

Zee ali wrote: hi
Your form should be set lr not set o.

https://www.gov.uk/government/uploads/s ... e-life.pdf

See page 5 of 67

what happen if u apply early

See page 15 of 67

Regards

It clearly says: "You must refuse applications received more than 28 days before the applicant completes the required qualifying period for long residence. This is because the applicant has not completed the required period of leave in the UK."

Thats no good then, because most ILR applications are being processed within 3 months these days (as Skydrive indicates).

I am really getting confused and time is ticking.
Can you please advise on the best option to take.

1- apply for LTR on basis of private life ( FLR(O) or FLR(LR) ). Appeal if refused.

2- apply for ILR on basis of long residency ( SET(O) or SET(LR) ) even if 10 years not complete and rely on discretion. Appeal if refused.

option 1 gives me a VERY SMALL HOPE of possibly being granted FLR after possibly 1 or 2 months (as my understanding is that FLR application are processed quicker these days), so that I could travel and work.
option 2 might potentially be less expensive than option 1, but definitely no passport for at least 5 months I guess.

Please tell me what u think would be the best option.

Amber_ wrote:If you apply for SET(LR) now, you should be ok so far as when the decision maker makes a decision you satisfy the requirements as per AQ(Pakistan) v Secretary of State for the Home Department (2011) EWCA Civ 833[click].

Means date of the decision is far important than the date of submission.