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10 years long residence applications

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Na74
Newbie
Posts: 48
Joined: Sat Mar 28, 2015 3:18 am

Re: 10 years long residence applications

Post by Na74 » Thu May 28, 2015 2:09 am

Your answer is No, as none of your penalties was a CCJ or immigration penalty.
But if you mention them, it will not do any harm. It is no problem either way. But these penalties are not CCJ or immigration penalty (for employing illegal workers etc.)
So you can answer as No. You can get a report on ccj for £3, online. So just to be sure.

immee wrote:Hi All,

Was just doing some search on google and this forum seems to be a den for some immigration gurus...

I need some help and any advice opinion would be highly appreciated.

I am planning to apply for ILR, based on long stay (10 Yrs), started filling in the form and noticed that on a Set(LR) form Section E3 asks if you had any "Civil Judgements" aginst you or any "Civil Penalty" under the UK immigration Acts?

Now i have found out some discussions around but they are mainly about getting FPN for speeding or using phone related issues..

what i am confused at is that "I had two parking related fines (Not sure if they are called FPN ?), one back in 2008 sometime and one in 2013 probably, Although i paid them on time but i dont have any documents or details about these anymore .. I just know that the first one was issued by the Borough of Westminster and the other one from Borough of Barnet ...

Then i filed my personal tax return late this year (It was due at the end of January'15 but i submitted it at the end of Feb'15 after getting a £100 late penalty fine for not filing it on time.. was just employed through the period so never realized i should have deregistered for self employment purposes.

Dilemma is, i have got no clue about what and how to answer Question E3 and whether the above fines could be caught by the relevant immigration rules ?

guys really need your help as i am planning to go on a same day service next week so just want to be clear about things and want to disclose them properly...

Kartal23
Newly Registered
Posts: 16
Joined: Mon Apr 27, 2015 7:22 am

Re: 10 years long residence applications

Post by Kartal23 » Thu May 28, 2015 8:30 am

hello every one , can you help me about it please. ll be applying ILR on the basıs of 10 years long residency. my question is once l get ILR can l get register my child as a british citizen or not. my wife has got dependant visa on me.
when l get ILR do l have to change my wife visas or not ? also do l have to meet up income requırment in order to change my wıfe visa. we both live in the uk and have a child. many thanks

ADAMALI
Newly Registered
Posts: 26
Joined: Sun Nov 23, 2014 3:02 pm

Re: 10 years long residence applications

Post by ADAMALI » Thu May 28, 2015 10:53 am

Dear All,
I will be applying for ILR under 10 year long term residence during end of August this year 2015 as I will be completing 10 years lawful residence in UK.
My query is that some people says nowadays that 10 years route for ILR has been changed and now it requires 14 years to go for ILR under long residence. Please enlighten me if this the case. I look forward for your reply. Many Thanks :)

Regards,
Asghar

askhan
Senior Member
Posts: 554
Joined: Fri Jun 04, 2010 9:00 pm

Re: 10 years long residence applications

Post by askhan » Thu May 28, 2015 11:12 am

Kartal23 wrote:hello every one , can you help me about it please. ll be applying ILR on the basıs of 10 years long residency. my question is once l get ILR can l get register my child as a british citizen or not.

Apply for MN1 and once this is done then apply for Passport

my wife has got dependant visa on me. when l get ILR do l have to change my wife visas or not ?
Yes you need to get her visa changed

also do l have to meet up income requırment in order to change my wıfe visa. we both live in the uk and have a child. many thanks
Yes, you need to meet the requirement when she is going to apply for ILR but apart of that normal extension rules
Kind Regard,
A.Khan
-------------------------

Kartal23
Newly Registered
Posts: 16
Joined: Mon Apr 27, 2015 7:22 am

Re: 10 years long residence applications

Post by Kartal23 » Thu May 28, 2015 2:44 pm

thank you very much for info however just checked the flr m form for my wife and the guidence saying that
you need to meet the financial requirement if you made your first application to enter or
remain here as a partner after
9th July 2012, or if your last leave was granted as a partner of a Relevant Points Based system
migrant. my wife came to uk after 05.01.2013 as a turkısh worker depandent visa. l dont meet the requirment ıf we have to change her visa after l get ILR. do we have to change her visa by flr m form or something else please give me information please

immee
Junior Member
Posts: 89
Joined: Sun Nov 02, 2014 12:53 pm
Mood:

Re: 10 years long residence applications

Post by immee » Thu May 28, 2015 8:32 pm

Thank you Na74... Make sense..

Na74 wrote:Your answer is No, as none of your penalties was a CCJ or immigration penalty.
But if you mention them, it will not do any harm. It is no problem either way. But these penalties are not CCJ or immigration penalty (for employing illegal workers etc.)
So you can answer as No. You can get a report on ccj for £3, online. So just to be sure.

immee wrote:Hi All,

Was just doing some search on google and this forum seems to be a den for some immigration gurus...

I need some help and any advice opinion would be highly appreciated.

I am planning to apply for ILR, based on long stay (10 Yrs), started filling in the form and noticed that on a Set(LR) form Section E3 asks if you had any "Civil Judgements" aginst you or any "Civil Penalty" under the UK immigration Acts?

Now i have found out some discussions around but they are mainly about getting FPN for speeding or using phone related issues..

what i am confused at is that "I had two parking related fines (Not sure if they are called FPN ?), one back in 2008 sometime and one in 2013 probably, Although i paid them on time but i dont have any documents or details about these anymore .. I just know that the first one was issued by the Borough of Westminster and the other one from Borough of Barnet ...

Then i filed my personal tax return late this year (It was due at the end of January'15 but i submitted it at the end of Feb'15 after getting a £100 late penalty fine for not filing it on time.. was just employed through the period so never realized i should have deregistered for self employment purposes.

Dilemma is, i have got no clue about what and how to answer Question E3 and whether the above fines could be caught by the relevant immigration rules ?

guys really need your help as i am planning to go on a same day service next week so just want to be clear about things and want to disclose them properly...

kesh001
Newly Registered
Posts: 3
Joined: Mon Aug 25, 2014 3:36 pm

Re: Break in the 10 year residence due to a refusal

Post by kesh001 » Fri May 29, 2015 12:49 pm

fielddrive wrote:
kesh001 wrote:Hello All ,
Urgent response required PLEASE.

I am applying for 10 year long residence (ilr) indefinite leave to remain. I have a concern regarding a possible
break in my ten year stay. Here are the details below :

Visa was aproved in Jun 2004 - Arrived 21/09/2004 - 2 year working holiday visa
I applied for student visa jun 2006 which was refused on the 15/08/2006 due to a mistake on my student letter.
My college corrected this on the 26/08/2006 but advised me to reapply from outside the UK because I would not be covered under
the 3C rule. I left uk on the 29/08/2006 with the understanding I had 28 day extension after my refusal to leave the country without
breaking any rules and would not lose the 2 years I already stayed. My student visa was granted and I returned after 147 days.

All my application have been on time and I have never overstayed at any point of my residence. Please let me know if I can apply for my ILR this year as on the 22/09/2014 will be 10 years.

Thank you .
Assuming you arrived on 21/9/04 with 2 year whv, you would have had leave to remain till 21/9/06.

you left on 29/8/06 when this leave would have been valid.

you stayed away for less tha 180 days and you had valid leave/visa when you left as well as when you entered than yes you can apply this year.

many ifs and buts. you need to be clear on the facts.
SOrry my first application WHV was approved in Jun 2004 , So when I left uk in AUG 2006 after the refusal I am not sure if I was covered by any leave . The big question here is that period between leaving uk and applying in my own country...Is there a break or am i covered by any leave. The 3D came into effect 2 days after I left uk. My application first application in my country was made within 28 days then it was refused , I appeal that decision and reapplied again and was granted the student visa.

Currentlt in 2015 status, I applied in August 2014 and was refused. I am on the appeal process. Can someone please help me. how can I fight the decision of a break in stay. I was missed informed by a college on the rules and all i had to do was sent the new college letter in in 2006. In Sept 22 i will be in the country for 11years, No spouse or child. Please help !!

Longw8
Newly Registered
Posts: 10
Joined: Sat Jul 06, 2013 2:08 pm

Re: 10 years long residence applications

Post by Longw8 » Sat May 30, 2015 12:43 am

Hi Guys,

I applied for my ILR under SET (LR) on 1st of April through a solicitor, My previous application was refused due to total number of days spent outside UK in 10 Years. I already made up those days and total number of days I spent outside UK were les than 540 (which is UKBA requirement).

My father is in serious condition in my home country , having major operation next week. Doctors advised that he should have all his family members with him to speed up his recovery. I contacted my Local MP office , sent them all the reports, MRI , Scans along with a note from a doctor. My MP has already forwarded all the details to Home office two weeks ago and I haven't heard anything yet. Any success for anyone in expediting there application will help and also to know what channel they used.

If I withdraw my application, can I apply in Person with same day appointment , or is it too late for this ?

I am desperate to go to my father especially at times when my presence is very important for him.

Please advise any help , suggestion or proven methods to expedite the application, Is there a possibility to request to change my application to same day service and pay the difference and go to the PEO where my application is held?

Guys I will be waiting for your replies and posts.

Regards

askhan
Senior Member
Posts: 554
Joined: Fri Jun 04, 2010 9:00 pm

Re: 10 years long residence applications

Post by askhan » Sat May 30, 2015 12:54 am

Longw8 wrote:Hi Guys,

I applied for my ILR under SET (LR) on 1st of April through a solicitor, My previous application was refused due to total number of days spent outside UK in 10 Years. I already made up those days and total number of days I spent outside UK were les than 540 (which is UKBA requirement).

My father is in serious condition in my home country , having major operation next week. Doctors advised that he should have all his family members with him to speed up his recovery. I contacted my Local MP office , sent them all the reports, MRI , Scans along with a note from a doctor. My MP has already forwarded all the details to Home office two weeks ago and I haven't heard anything yet. Any success for anyone in expediting there application will help and also to know what channel they used.

If I withdraw my application, can I apply in Person with same day appointment , or is it too late for this ?

I am desperate to go to my father especially at times when my presence is very important for him.

Please advise any help , suggestion or proven methods to expedite the application, Is there a possibility to request to change my application to same day service and pay the difference and go to the PEO where my application is held?

Guys I will be waiting for your replies and posts.

Regards
Hi Mate

I wish your father will get a very speedy recovery.
Well you have done what you could thats it.

You just pray for his health and your approval this is something which we all fear off specially who live far from our home country and unfortunately there isn't any rule or system in thia country which suppress the delay and on emergency grounds process the application.

May Almighty don't put any of us in this situation.

Be God with you and your father...good luck for you application.
Kind Regard,
A.Khan
-------------------------

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 4:18 pm
India

Re: 10 years long residence applications

Post by smir » Sat May 30, 2015 11:01 am

Brother

what do u mean that previous application refused ?????

can you be clear..
Longw8 wrote:Hi Guys,

I applied for my ILR under SET (LR) on 1st of April through a solicitor, My previous application was refused due to total number of days spent outside UK in 10 Years. I already made up those days and total number of days I spent outside UK were les than 540 (which is UKBA requirement).

My father is in serious condition in my home country , having major operation next week. Doctors advised that he should have all his family members with him to speed up his recovery. I contacted my Local MP office , sent them all the reports, MRI , Scans along with a note from a doctor. My MP has already forwarded all the details to Home office two weeks ago and I haven't heard anything yet. Any success for anyone in expediting there application will help and also to know what channel they used.

If I withdraw my application, can I apply in Person with same day appointment , or is it too late for this ?

I am desperate to go to my father especially at times when my presence is very important for him.

Please advise any help , suggestion or proven methods to expedite the application, Is there a possibility to request to change my application to same day service and pay the difference and go to the PEO where my application is held?

Guys I will be waiting for your replies and posts.

Regards

User avatar
CR001
Moderator
Posts: 86952
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: 10 years long residence applications

Post by CR001 » Sat May 30, 2015 11:06 am

smir wrote:Brother

what do u mean that previous application refused ?????

can you be clear..
Longw8 wrote:Hi Guys,

I applied for my ILR under SET (LR) on 1st of April through a solicitor, My previous application was refused due to total number of days spent outside UK in 10 Years. I already made up those days and total number of days I spent outside UK were les than 540 (which is UKBA requirement).

......

Regards
Clearly the poster had too many absences and his previous long residence application was refused so he has made up the time and reapplied.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Maliksahb
Member
Posts: 108
Joined: Fri Dec 14, 2012 5:46 pm
Location: UK

Re: 10 years long residence applications

Post by Maliksahb » Sat May 30, 2015 1:08 pm

Maliksahb wrote:Hi Gurus

Please help!!!!

If a person(has spouse as tier 1 dependent) ILR is due and he has two choices for ILR. One is tier 1 general

and other is 10 year long residency.

Tier 1 is expiring first but he is not on 100% accurate points and there is also

39 days gap for completing 10 years of stay in UK.

Is is good idea to move to student visa from tier 1 general before tier 1
expiry and apply ILR on 10 years bases?

if he moves to student visa then what will happen with his spouse visa who is on tier 1 dependent.

Any Help please????????????

Shah05
Member
Posts: 225
Joined: Sun Dec 08, 2013 1:30 am

Re: 10 years long residence applications

Post by Shah05 » Sun May 31, 2015 2:46 pm

Hello everybody

From the post you all seems to have a lot experience in this topic. I am glad that I will definitely find my answers correctly.

I am on tier 1 entrepreneur visa which is valid till 2018, I am completing 10 years in September. I have also one dependent (husband).

Now I do not have any gap in my stay or haven't made any application after visa expiry but my last application tier 1 was refused in May 2013 and I appealed I time the final decision just came in April 2015. As they approved visa.

As I will apply for ilr soon can anybody tell me how to explain about this gap where I was legal under section 3(c)??

Also my partner is by dependent since 2010 he has successfully completed 5 years of the stay as my dependent so can I also proceed his file as ilr ? Or it will go again as my dependent?

Your all feedback is valuable please do reply.

Regards

TIA

Shah05
Member
Posts: 225
Joined: Sun Dec 08, 2013 1:30 am

Re: 10 years long residence applications

Post by Shah05 » Mon Jun 01, 2015 1:41 pm

No reply? I m sure you guys are busy but I would really appreciate if you can share your knowledge here.

Darvesh
Member of Standing
Posts: 444
Joined: Wed Feb 27, 2013 11:44 pm
Location: London

Re: 10 years long residence applications

Post by Darvesh » Mon Jun 01, 2015 2:43 pm

Shah05 wrote:Hello everybody

From the post you all seems to have a lot experience in this topic. I am glad that I will definitely find my answers correctly.

I am on tier 1 entrepreneur visa which is valid till 2018, I am completing 10 years in September. I have also one dependent (husband).

Now I do not have any gap in my stay or haven't made any application after visa expiry but my last application tier 1 was refused in May 2013 and I appealed I time the final decision just came in April 2015. As they approved visa.

As I will apply for ilr soon can anybody tell me how to explain about this gap where I was legal under section 3(c)??

Also my partner is by dependent since 2010 he has successfully completed 5 years of the stay as my dependent so can I also proceed his file as ilr ? Or it will go again as my dependent?

Your all feedback is valuable please do reply.

Regards

TIA
Hi,

As u have explained that u made an in time appeal against refusal and successfully go the HO decision overturned so the all the time spent during appeal process is covered and you dont have any gaps neither u need to explain as HO have all the records. at the time off application u just need to fill up a form and send all of your passport and current BRP with it.

As far as ur dependent is concerned i guess he has visa till 2018? if he has then after getting your ILR you need to meet financial requirement 18600 salary then you can apply for his dependent visa, unfortunately he cant go for ILR yet (he need to either complete 10y long residency or 5y as dependent of ILR/citizen)..

it was my opinion so Wait for some more expert advice.

Darvesh
Member of Standing
Posts: 444
Joined: Wed Feb 27, 2013 11:44 pm
Location: London

Re: 10 years long residence applications

Post by Darvesh » Mon Jun 01, 2015 2:45 pm

i think no member has got any approval in last week? i think HO has slowed down the processing of SET LR????

Khan1980
Junior Member
Posts: 93
Joined: Thu Dec 25, 2014 5:58 pm

Re: 10 years long residence applications

Post by Khan1980 » Mon Jun 01, 2015 2:54 pm

Darvesh wrote:i think no member has got any approval in last week? i think HO has slowed down the processing of SET LR????
Yes u may be right , I think quite few received 2nd Email last week around 20th May , which is normally indication of decision on Application. Let's hope this week we will get some approvals. Plz keep updating about your approvals guys.

Thanks

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: 10 years long residence applications

Post by Zee ali » Mon Jun 01, 2015 3:05 pm

Shah05 wrote:Hello everybody

From the post you all seems to have a lot experience in this topic. I am glad that I will definitely find my answers correctly.

I am on tier 1 entrepreneur visa which is valid till 2018, I am completing 10 years in September. I have also one dependent (husband).

Now I do not have any gap in my stay or haven't made any application after visa expiry but my last application tier 1 was refused in May 2013 and I appealed I time the final decision just came in April 2015. As they approved visa.

As I will apply for ilr soon can anybody tell me how to explain about this gap where I was legal under section 3(c)??

Also my partner is by dependent since 2010 he has successfully completed 5 years of the stay as my dependent so can I also proceed his file as ilr ? Or it will go again as my dependent?

Your all feedback is valuable please do reply.

Regards

TIA
Write a covering letter with your application and explain them about the dates and section 3c period. They have already this on

their system so nothing to worry about.

You r applying ILR on the basis of 10 years LR. so your husband clock will reset to 0 and wont qualify for ILR at the moment.

As in set lr application u can't add dependent so wait for your ILR and than switch his visa to flr m he needs to complete 5 years

under spouse visa than he can apply for ILR. From April 2014 time spent under PBS dependent won't count if u get ILR on Long

residency basis
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Shah05
Member
Posts: 225
Joined: Sun Dec 08, 2013 1:30 am

Re: 10 years long residence applications

Post by Shah05 » Mon Jun 01, 2015 7:15 pm

Thanks darvesh and zeeali, so for my self I would be fine. Just have another question how long does it take to get SAR? and I have read in one of the solucitor's home page that I partner has been on PBS dependent than he can apply for ILr seep rarely after my approval. It is not a home office site ofcourse but I think that's what I have understood. I m sending a PM WITH link here please have a look and let me know if my understanding is wrong. I don't

I have found this info on net. As they won't allow to put the link here. Pls check zeeali and darvesh.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: 10 years long residence applications

Post by Zee ali » Mon Jun 01, 2015 9:29 pm

Shah05 wrote:Thanks darvesh and zeeali, so for my self I would be fine. Just have another question how long does it take to get SAR? and I have read in one of the solucitor's home page that I partner has been on PBS dependent than he can apply for ILr seep rarely after my approval. It is not a home office site ofcourse but I think that's what I have understood. I m sending a PM WITH link here please have a look and let me know if my understanding is wrong. I don't

I have found this info on net. As they won't allow to put the link here. Pls check zeeali and darvesh.

That link was old and applicable before april 2014. Sar can take 2 to 3 months.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Jedi111
Newly Registered
Posts: 9
Joined: Fri Feb 27, 2015 1:05 am

Re: 10 years long residence applications

Post by Jedi111 » Tue Jun 02, 2015 11:11 am

Hi every one,
I will inshallah apply v soon for ilr.I m planning to apply through same day service.my question is that will I be able to apply 28 days before the completion of 10 years on premium same day service or this 28 days rule is only for postal applications
Thanks in advance

Shah05
Member
Posts: 225
Joined: Sun Dec 08, 2013 1:30 am

Re: 10 years long residence applications

Post by Shah05 » Tue Jun 02, 2015 11:23 am

It's for both same day and postal.

Jedi111
Newly Registered
Posts: 9
Joined: Fri Feb 27, 2015 1:05 am

Re: 10 years long residence applications

Post by Jedi111 » Tue Jun 02, 2015 12:18 pm

Shah05 wrote:It's for both same day and postal.
Thnx a lot for clarifying

go2tariq
Newly Registered
Posts: 7
Joined: Tue Apr 21, 2015 11:51 am

Re: 10 years long residence applications

Post by go2tariq » Tue Jun 02, 2015 1:06 pm

Jedi111 wrote:
Shah05 wrote:It's for both same day and postal.
Thnx a lot for clarifying
Would you please let us know your experience by taking the same day service. Also how many days before out of 28 days you are planning to make your application.

Shah05
Member
Posts: 225
Joined: Sun Dec 08, 2013 1:30 am

Re: 10 years long residence applications

Post by Shah05 » Tue Jun 02, 2015 2:11 pm

I have just called in the morning to find out about their rules and services. I am planning to make the application in August and posting for SAR tomorrow. So hopefully I ll take date in August end or September beginning. I haven't made any application after visa expiry but for safer side want to get SAR.

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