Queries regarding ILR (LR) same day service application.

Hi,
I am applying for Indefinite Leave to Remain via the 10 years long residency route and I have a few queries regarding making an application via the same day service.

During my 10-11 year period of residency, I have had one visa rejection (which was eventually granted following a fresh application made within 14 days of receiving the letter of rejection), and another instance where I had to cancel an application in progress as I had to return to my home country due to a family emergency. I re-applied for the visa from my home country and returned to the UK with this new visa within 4 weeks.

The guidelines on the ILR (LR) application form states that the same day service can be used for 'straightforward' applications, and that more complex applications should be made via post. Could anyone give me advice on whether my visa application is considered to be 'complicated' due to the 2 visa issues I have mentioned?

If I do apply through the same day service and the UKVI decides that my application is 'complicated', will they reject my application or let me know that they will take more than 24 hours to make a decision?

I have spoken with 2 UKVI advisers to ask them about this, one said I could apply via the same day service and the other said 'maybe not' – so I am a bit confused as to what route to take. I prefer the same day service because I get my documents back quickly.

On a separate note, is the period I have been in the country in between receiving the letter of rejection and applying for the new visa considered to be 'unlawful residence'?

If anyone can offer any advice regarding this, or point me in the right direction in terms of who to ask these queries, it would be really appreciated!

Cheers,
Nesh

neshy wrote:I have had one visa rejection (which was eventually granted following a fresh application made within 14 days of receiving the letter of rejection)

Should be okay.

neshy wrote:another instance where I had to cancel an application in progress as I had to return to my home country due to a family emergency.

If your leave had expired when you withdrew your application, then there may be a problem, unless the caseworker agrees that 276B(v) also covers this.

neshy wrote:I have spoken with 2 UKVI advisers to ask them about this, one said I could apply via the same day service and the other said 'maybe not' – so I am a bit confused as to what route to take. I prefer the same day service because I get my documents back quickly.

Don't rely on telephone calls to UKVI operators.

Many thanks for your advice Vinny, and also for the link to the Immigration Rules pdf. I'm still not sure whether to go for the same day service or not, I guess it's upto the individual UKVI caseworker to decide if my application is 'complicated' or not.

If I do go via the same day service I just hope they don't refuse it outright on grounds that it's too complicated to process in one day! Thanks again,
Neshy

See also Got ILR (10 years route), A complex Case.