Long Residence (10 years) SET (LR) applications

mdiqbal · Post by **mdiqbal** » Wed Jan 18, 2017 1:06 pm

Ayeshaaron wrote:Hi CR001 just realised your referred 8 months waiting time while home office was considering application As absence more than 180 days. Does it count as absence while you waiting in UK for outcome of application and visa is granted. Please advise me

Dear, 100% not at all, the waiting time will not be counted.

Ayeshaaron · Post by **Ayeshaaron** » Wed Jan 18, 2017 10:11 pm

Thanks mdiqbal, any comment on original question please

faysal_cu · Post by **faysal_cu** » Thu Jan 19, 2017 2:56 am

Ayeshaaron wrote:Dear members please help me

I have a question about my lawful long residence and 28 days overstay period, in light of the immigration rules follows where do I stand. I copied the line from home office website herehttps://www.gov.uk/government/uploads/system/up ... ce-v14.pdf

Breaks in lawful residence

This page tells you about circumstances that break lawful residence for long residence applications and when you can use discretion for short breaks in lawful residence.

Time spent outside the UK Gaps in lawful residence

You may grant the application if an applicant:

• has short gaps in lawful residence through making previous applications out of time by no more than 28 calendar days where those gaps end before 24 November 2016

• has short gaps in lawful residence on or after 24 November 2016 but leave was granted in accordance with paragraph 39E of the Immigration Rules

• meets all the other requirements for lawful residence

The period of overstaying is calculated from the latest of the:

• end of the last period of leave to enter or remain granted

• end of any extension of leave under sections 3C or 3D of the Immigration Act 1971

***the point that a migrant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain[/b]

I have two breaks in my lawful residence which I have mention below.

10 years legal Stay History

04-02-2007 came to United Kingdom on tier4 visa

08-01-07 to 30-06-08 (tier4)
1st Visa Extension

29-07-08 to 30-09-09 (tier4)
2nd Visa Extension

01-12-09 to 25-08-10 (tier4)
3rd Visa Extension

06-09-10 to 31-12-11 ( Master of Business Administration)
Glyndwr University
4th Extension

Please note there was 8 months waiting time to receive PSW visa.

26-09-12 to 26-09-14 (Tier1 Post Study Work visa)

10-12-14 to 30-08-16 (tier 4)
6th visa extension College Revoked.

Curtailment letter received 08th July 2015 visa curtailed to 11th Sep 2015

Flr (fp) applied on 11th Sep 2015 with fee waiver application. Application came back as invalid. Refusing the fee waiver on 17th Oct 2015.

( 5 Days Gap in between invalid application and further leave to remain application made)

Flr (o) applied on 23rd Oct 2015 (well before in 28 days time period)
and varied to Flr (fp) on 16th Dec 2016.

Decision received on 7th June 2016 with the right of appeal to First Tier Tribunal with 14 days.

Appeal lodged on 17 June 2016 and permission denied as the refusal letter contradicts on front page and on other pages on 22nd Aug 2016.

(18 days gap between making the further leave to remain application made and permission to appeal denied)

Relevant rules I found

39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or

(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
*** (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

https://www.gov.uk/government/publicati ... -residence
Top

Although I am three days exceeding the 14 days period due to laziness of solicitor.

Fresh application made on 10th September 2016 for Flr (fp) acknowledgement received and application is pending with home office.

Indifinite leave to remain application submitted on 9th December 2016. no acknowledgement received and fees hasn't deducted yet.

I have two kids 3 and 1 and my dependent husband has separate flr fp application pending with home office. please advise on my lawful residency whether it is continuous inline with the above rules or it has break.

many thanks

okkk, sorry to say but ur 10years chain has been broken. i just point out shortly as other wise it will be a big essay...

Flr (fp) applied on 11th Sep 2015 with fee waiver application. Application came back as invalid. Refusing the fee waiver on 17th Oct 2015.###### immigration rules paragraph 34and 34 c says that :::

Invalid applications
34A. Subject to paragraph 34B, where an application for leave to remain does not meet the requirements of paragraph 34, it is invalid and will not be considered.
34B. (1) Where an application for leave to remain does not meet the requirements of paragraph 34(1)-(9), the Secretary of State may notify the applicant and give them one opportunity to correct the error(s) or omission(s) identified by the Secretary of State.
(2) Where paragraph 34B(1) applies, the error(s) or omission(s) identified must be corrected within 10 working days of the date on which the notification was sent.
(3) Subject to paragraph 34B(4), where an applicant does not comply with paragraph 34B(2), the application is invalid and will not be considered.
(4) The Secretary of State may exercise discretion to treat an invalid application as valid as long as the requirements of paragraph 34(3), (6) and (10) have been met.
(5) Notice of invalidity will be given in writing and served in accordance with Appendix SN of these Rules.

as theysays may which means some times they can give u 10 working days to correct sometimes not . in ur case they hvn't.
after that u made a new application which should be count as a out time application and by law u r not allow to vary ur out time application as its doesn't continue 3c or 3d. whatever most of the time homeoffice accept the variation and in this case they also did it.
as this was ur second applicationu must be grant visa to keep ur 10 years chain continue but unfortunetly urefused and ur appeal has been dismised which means ur 3c and 3d stop and ur clock has been stoped as well ( plz see the details of 3c and 3d section of long residency guide line and also look into in time application and out time application details with example on long residency guidelines. )

than u put fresh application and later u varied set lr. by my eye and the details of law ur clock has been stop but i hope and pray that case worker grant ur set lr.

ibliv u need to see some good solicitor and try to find a strong point abt their acceptof variation and stick with ur point.

best of luck.

Ayeshaaron · Post by **Ayeshaaron** » Fri Jan 20, 2017 9:00 pm

Hi faysal_cu,

Thanks for your reply, much appreciated. Just wanted to ask does points I marked with *** will protect me to keep my clock run for Long residence. Please shed some lights

faysal_cu · Post by **faysal_cu** » Sat Jan 21, 2017 3:56 am

Ayeshaaron wrote:Hi faysal_cu,

Thanks for your reply, much appreciated. Just wanted to ask does points I marked with *** will protect me to keep my clock run for Long residence. Please shed some lights

the **** quote u ask for is

"***the point that a migrant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain[/b]

according to immigration law paragraph 34c is " 34C. A dependent applicant can be included on a main applicant’s application form where the application form allows the dependant to be included.

so according to my knowledge the true answer is no, sorry but thats the answer but as i said u can fight back according to their mistake because they accept ur variation which means they count ur application as in time application although its not. so their mistake is ur plus point and because of their mistake u spent ur time and money so they should accept ur consequences under the 3c and 3d immigration rules. i m pretty much sure home office will deny this but if u present nicely with proper logic and explanation , hope the result will turn into ur side.

*** (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

answer is no as ur appeal has been dismissed.

hope it will helpu a little bit. don't be down try ur best . hope everything will be ok to u.
thnx.

Ayeshaaron · Post by **Ayeshaaron** » Sat Jan 21, 2017 8:22 am

Hi faysal_cu,

My solicitor hasn't mentioned this points in his representation which is sent to home office and is not helpful to write another letter as he said caseworkers don't go in this technicality and we have to discuss this in court. But I am not convinced with him as he wrote the representation which he used for others and wasn't designed specifically for my case. If I write letter containing this points with explanation will it reach to relevant case worker or would be any helpfu. Please share your thoughts.

hema357 · Post by **hema357** » Mon Jan 23, 2017 2:01 am

Dear all
I am currently filling the SET (LR) form , and I need adivce on the section about absences from the UK.
Years ago when I was still in school, my teacher got me a 'list of travellers from ' which allowed me to go to belgium without a Visa. For some reason there is no entry date to belgium on my passport , only the return date. The trip is only 3 or 4 days but I cant remember the exact date for leaving the uk.

what should I do ? and how can I prove the trip is only 3 to 4 days?

many thanks

ThisisA · Post by **ThisisA** » Mon Jan 23, 2017 3:35 pm

hema357 wrote:Dear all
I am currently filling the SET (LR) form , and I need adivce on the section about absences from the UK.
Years ago when I was still in school, my teacher got me a 'list of travellers from ' which allowed me to go to belgium without a Visa. For some reason there is no entry date to belgium on my passport , only the return date. The trip is only 3 or 4 days but I cant remember the exact date for leaving the uk.

what should I do ? and how can I prove the trip is only 3 to 4 days?

many thanks

If you were on valid visa at that point and returned while having a valid visa, I don't see any problems at all. Sometimes they don't stamp the passport while leaving but since your passport was scanned at the port, they should have all your details. You may apply for a SAR to see what they have on your file.

Omi Boy · Post by **Omi Boy** » Wed Jan 25, 2017 7:08 pm

Hey All ,

i went for my 10 years Long Residence premium service and they retained my profile by saying that your application is Valid but we need more assistance. I specifically ask the case worker about exact reason and she said we need your old passports which are already holding by Home office in my last application of Tier 1 Entrepreneur and it was refused but i went for appeal.

Anyone knows how long they normally take to respond in that kind of case ?
Do you think my application has been approved but just becz of missing passports they hold it ??
I never been out of UK more then 80 days in my 10 years history.

gbpmatrix · Post by **gbpmatrix** » Wed Jan 25, 2017 10:09 pm

Omi Boy wrote:Hey All ,

i went for my 10 years Long Residence premium service and they retained my profile by saying that your application is Valid but we need more assistance. I specifically ask the case worker about exact reason and she said we need your old passports which are already holding by Home office in my last application of Tier 1 Entrepreneur and it was refused but i went for appeal.

Anyone knows how long they normally take to respond in that kind of case ?
Do you think my application has been approved but just becz of missing passports they hold it ??
I never been out of UK more then 80 days in my 10 years history.

Hello Omi boy,
When was your appt and in which place.
Regards

Omi Boy · Post by **Omi Boy** » Wed Jan 25, 2017 11:04 pm

I went for appointment yesterday and it was in Sheffield.

mayerj · Post by **mayerj** » Fri Jan 27, 2017 1:17 pm

Hi,

I have been in the UK for 10 years and would like to apply for ILR under SET(LR). My question is that I originally entered the UK as a US study abroad student on Jan 2nd 2007 using the 6month visitor route. In June of 2007 I was granted a student visa to continue my studies in the UK. I have been in the UK on various student visas (no gaps) until October 2012 when I switched to a Tier 2 work visa and have been on this visa since then (again no gaps).

My question is will the time I spent here as a visitor in 2007 count towards my 10 years, in which case I am eligible for ILR now, or does it not count until I received my student visa in which case I have another several months before I am eligible. This matters because my Tier 2 visa is up for renewal this month and if I don't want to pay for a new Tier 2 visa if I can apply for ILR instead.

Thank you for your help!

Mostar95 · Post by **Mostar95** » Sat Jan 28, 2017 5:06 pm

Hi there ...
I am looking forward to apply my SET LR (10 YRS) but I've got some questions to be asked...
My first entry to the UK was the Jan 2007 everything looks good with no break so far 2012 I got happily married to an EEA national. she's been working since 2012 till now I've got all the evidence that during this time she was exercising treaty rights. Got her past 4 years (till 2016) employment history from HMRC. but from August 2016 till now she is self-employed, will it count as treaty rights?

Roselastar4 · Post by **Roselastar4** » Sat Jan 28, 2017 7:22 pm

I applied for indefinite leave to remain (SET (LR)) on the 3/01/2017 and on the 14/01/2017 my dad died. I attempted calling the UKBA on the 17/01/2017 for advice on what to do to take my documents to travel for the burial but no success. I later on received a letter via post on the 17/01/2017 asking me to do my biometric which I did the same day. After which I waited in case I received a decision letter early though the waiting time is 6 months. On Friday 20/01/207 I call UKBA and I spoke to someone whom I asked for ways for me to obtain my documents without having to withdrawn my application. The lady I spoke advise me if I want my documents I will have to withdraw my application or I can ask for my application to be switch from postal to premium. For this to be done I have to fill a form and send it between 8am – 12pm Monday to Thursday as they only process the first 5 per day. On Monday 23/01/2017 I submitted the form online at 8am and later on received an automated email stating the service is temporary closed and they cannot accept premium request. I call the UKBA and I spoke to someone who advice she is unsure why it says it temporary close and gave me a customer support email for me to email and enquired. I send an email to customer and did not receive a reply back. On the 24/01/2017 I drove to Liverpool hoping to speak with someone face to face and explain the situation and possibly collecting my documents to enable me to travel but security advice they cannot let me in without an appointment which I understand.
As a result I withdrew my application online on the 24/01/2017 for my documents to be release to enable me to travel and I mark it as urgent on the form as I need to travel to bury my father. However, withdrawing my application means I lose my application fees. I was hoping if there is a way I could get my money back. If I can send a letter to the home office is there a template format I could use.

AKU · Post by **AKU** » Sun Jan 29, 2017 8:19 am

Dear Members
i am applying for the ilR on Wednesday and i have a few questions about the application form and will be grateful for your assistance.
I came into the Uk in 01/03/2001. However in 2006 i made an invalid application that meant that between july 2006 and jan 2007 i did not have a valid visa.
on 07/01/2007 I was granted a valid Student Visa and to date I have had valid extensions.
I am currently on a FLR m Spouse visa.
My questions are:
1. Do i use 01/03/01 as the start date or the 07/01/07. If the 3rd where do i state that this application is based on the 07/01/07
2. Do i reply yes to the question about having lived in the Uk beyond the end of your leave? i have always answered no to this question and it was only when an ilr application was refused in 2011 that i became aware of that.

Can i have an example of a cover letter please?
Thanks a million for your response and advice.

3.

Shahzad Simon · Post by **Shahzad Simon** » Mon Jan 30, 2017 5:01 pm

Hi,

My ILR on the basis of Tier 1 Entrepreneur refused. I am going to apply for AR which seems will be unsuccessful because of employment creation issue. Within 14 days of AR result, I am going to reapply same ILR application. My question is

Can I vary my application to ILR (LR) during that application because my 10 years will be completed on 30 april 2017 and I am qualified to apply 28 days before that date.

guidance will be highly appreciated.

Regards,

gentleboy05 · Post by **gentleboy05** » Tue Jan 31, 2017 11:11 am

Hello. Can anyone advice pls.
I came to the UK in February 2006 on a student visa. I made intime applications for visa from student visa to post study work visa to tier 1 general visa up until November 2013. In November 2013 my visa application for extension of tier 1 general visa was refused in January 2014 with an option of appeal. I made ontime appeal and on 5th September 2014 the upper tribunal dismissed my appeal. I made a fresh application on private and family life on 2nd of October 2014 and was granted discretional leave visa on January 2015. I am already due for indefinite leave to remain.
My concern is does the dismissal refusal by the upper tribunal serve as a break on my continuous lawful residence? I made a fresh application within 28 days after the upper tribunal refusal decision which was granted until June 2017. Do I still have a chance of getting the ilr or just apply for limited leave to remain after the expiration of my current leave. Please advice.

Post by **CR001** » Tue Jan 31, 2017 11:29 am

gentleboy05 wrote:Hello. Can anyone advice pls.
I came to the UK in February 2006 on a student visa. I made intime applications for visa from student visa to post study work visa to tier 1 general visa up until November 2013. In November 2013 my visa application for extension of tier 1 general visa was refused in January 2014 with an option of appeal. I made ontime appeal and on 5th September 2014 the upper tribunal dismissed my appeal. I made a fresh application on private and family life on 2nd of October 2014 and was granted discretional leave visa on January 2015. I am already due for indefinite leave to remain.
My concern is does the dismissal refusal by the upper tribunal serve as a break on my continuous lawful residence? I made a fresh application within 28 days after the upper tribunal refusal decision which was granted until June 2017. Do I still have a chance of getting the ilr or just apply for limited leave to remain after the expiration of my current leave. Please advice.

Please continue in your topic, link below, where you are likely to get more responses than in this long topic.

http://www.immigrationboards.com/indefi ... l#p1449316

mdiqbal · Post by **mdiqbal** » Tue Jan 31, 2017 12:48 pm

gentleboy05 wrote:Hello. Can anyone advice pls.
I came to the UK in February 2006 on a student visa. I made intime applications for visa from student visa to post study work visa to tier 1 general visa up until November 2013. In November 2013 my visa application for extension of tier 1 general visa was refused in January 2014 with an option of appeal. I made ontime appeal and on 5th September 2014 the upper tribunal dismissed my appeal. I made a fresh application on private and family life on 2nd of October 2014 and was granted discretional leave visa on January 2015. I am already due for indefinite leave to remain.
My concern is does the dismissal refusal by the upper tribunal serve as a break on my continuous lawful residence? I made a fresh application within 28 days after the upper tribunal refusal decision which was granted until June 2017. Do I still have a chance of getting the ilr or just apply for limited leave to remain after the expiration of my current leave. Please advice.

Dear, you are lucky and 100% eligible for ILR and it's due even, please go same day premium service....best of luck....

paru.org · Post by **paru.org** » Sun Feb 05, 2017 10:10 pm

sorry to hear

unfortunately there is no other way out, u lose fees if u withdraw, u dont care if its emergency or whatever.

have u rcv ur docs back??

Roselastar4 wrote:I applied for indefinite leave to remain (SET (LR)) on the 3/01/2017 and on the 14/01/2017 my dad died. I attempted calling the UKBA on the 17/01/2017 for advice on what to do to take my documents to travel for the burial but no success. I later on received a letter via post on the 17/01/2017 asking me to do my biometric which I did the same day. After which I waited in case I received a decision letter early though the waiting time is 6 months. On Friday 20/01/207 I call UKBA and I spoke to someone whom I asked for ways for me to obtain my documents without having to withdrawn my application. The lady I spoke advise me if I want my documents I will have to withdraw my application or I can ask for my application to be switch from postal to premium. For this to be done I have to fill a form and send it between 8am – 12pm Monday to Thursday as they only process the first 5 per day. On Monday 23/01/2017 I submitted the form online at 8am and later on received an automated email stating the service is temporary closed and they cannot accept premium request. I call the UKBA and I spoke to someone who advice she is unsure why it says it temporary close and gave me a customer support email for me to email and enquired. I send an email to customer and did not receive a reply back. On the 24/01/2017 I drove to Liverpool hoping to speak with someone face to face and explain the situation and possibly collecting my documents to enable me to travel but security advice they cannot let me in without an appointment which I understand.
As a result I withdrew my application online on the 24/01/2017 for my documents to be release to enable me to travel and I mark it as urgent on the form as I need to travel to bury my father. However, withdrawing my application means I lose my application fees. I was hoping if there is a way I could get my money back. If I can send a letter to the home office is there a template format I could use.

AKU · Post by **AKU** » Tue Feb 07, 2017 8:15 pm

Dear Members
i am applying for the ilR on Wednesday and i have a few questions about the application form and will be grateful for your assistance.
By the grace of God I was granted ILR on Wednesday. Thanks a million to everyone on this platform.

Chez123 · Post by **Chez123** » Sat Feb 11, 2017 6:17 pm

Mostar95 wrote:Hi there ...
I am looking forward to apply my SET LR (10 YRS) but I've got some questions to be asked...
My first entry to the UK was the Jan 2007 everything looks good with no break so far 2012 I got happily married to an EEA national. she's been working since 2012 till now I've got all the evidence that during this time she was exercising treaty rights. Got her past 4 years (till 2016) employment history from HMRC. but from August 2016 till now she is self-employed, will it count as treaty rights?

Yes it will if you provide evidence of her job and taxes paid.

pampito · Post by **pampito** » Fri Feb 17, 2017 11:21 pm

Dear forum Members,

I wonder if anyone advice me with few questions regarding filling SET LR form.
I am going to apply premium service next week at 23th of Feb 2017.

I arrived here on 10 March 2007 and I as I said will apply to my my indefinite leave next week. My application will be with in with in 28 days of period qualified period so,

Q1) on the application form, question E13 How long have you lived in UK? should I answer 9 years 11 month or 10 years 00 months?

Q2: question D3 reason for short absence , shall I just write holiday, family visit, business trip etc. is that enough reason?

thank you in advance.

Imdesi · Post by **Imdesi** » Sun Feb 19, 2017 8:54 am

AKU wrote:Dear Members
i am applying for the ilR on Wednesday and i have a few questions about the application form and will be grateful for your assistance.
By the grace of God I was granted ILR on Wednesday. Thanks a million to everyone on this platform.

What visa were you on before applying set lr

Post by **CR001** » Sun Feb 19, 2017 10:34 am

Imdesi wrote:
AKU wrote:Dear Members
i am applying for the ilR on Wednesday and i have a few questions about the application form and will be grateful for your assistance.
By the grace of God I was granted ILR on Wednesday. Thanks a million to everyone on this platform.

What visa were you on before applying set lr

FLR(M) spouse visa.

http://www.immigrationboards.com/indefi ... l#p1448768

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