14 Year Continuous Residence ILR Application

ab171 · Post by **ab171** » Fri Mar 16, 2012 10:17 am

I came to the UK in 1997 on a student visa to do my Master's degree. I completed that and went on to do another Master's degree which took me up to the end of 2000. I started working permanently in 2001 and have been working since - with the same company for the last 11 years. I actually started working in 1998 for the Civil Service on a student work permit within the allocated restrictions (20hrs per week etc.). I carried on working and studying until 2000 when my student visa was due to expire. I had every intention of leaving before my visa expired. However, my circumstances changed and I didn't. 11 years later I applied for ILR.

That's pretty much it.

Marrrya · Post by **Marrrya** » Thu Apr 05, 2012 11:52 am

kiwigirl25 wrote:Hi All

This thread is all about 14 Year Continuous Residence ILRs, also known as 14 year lawful/unlawful stay (though I note UKBA no longer refers to this category as the latter).

If you've found this thread because you are eligible to apply for your ILR or have already applied and are looking for support. You've made a brave move and prepare yourself for an extension of your long and difficult journey. There is an end now so be patient and try to remain positive. Please don't be too scared to post here. If you have already applied you've declared yourself to UKBA so what's the worse they can do. If you've still to apply you have the right to apply under the 14 year rule so if the UKBA make contact (which I doubt they will) you have this in your favour.

My first advice is find yourself a good immigration solicitor. You can't do this alone. If you were to include the standard documentation or the documentation for other categories you will find the your assigned caseworker will request further information which will hold your application up, or worse case scenario your application will be rejected. If you can't afford a solicitor please do not hesitate to ask for advice as to which documents you should include.

Waiting Times

The published targets for all ILR applications (postal) is 6 months. The 2-3 year wait stated on this board on many occasions is no longer factually correct. 2010 straight-forward applications, on average, receive a response within 8-9 months. Remember you are a paid ILR applicant therefore you have the same rights as any other paid ILR applicant. This right is that after 6 months you can and should complain to UKBA either directly or via your solicitor (I suggest your solicitor as they have plenty of history with UKBA therefore know how to influence UKBA). You may also wish to contact your MP (after the Election). Don't let anyone here convince you that you have to wait 2-3 years.

With regards to contacting UKBA after 14 weeks. They do welcome this on their website but in reality applicants have found this futile. Please do so if you think it will help but expect a scripted response.

If anyone want to start posting personal waiting times like the other ILR categories, please do.

Useful documentation

Caseworker Guidelines -Chapter 18 - Long residence

My bible when applying. Gives you peace of mind that you meet the criteria and what the caseworkers are looking for.

Parliamentary Ombudsman Report (Feb 2010) - http://www.ombudsman.org.uk/pdfs/UKBA-2010-02-09.pdf

This is an official report by the Ombudsman on complaints regarding waiting times for all types of ILR applications. Of interest to 14 year applicants is the finding that 2-3 year waits are unlawful further reiterating that you do not have to wait this longer before complaining.

I will update this thread if any other useful information comes to mind. Feel free to post any information that you think will help. Please note trolling will not be accepted and I will have no hesitation reporting you to the Mods.

As a wise man (or woman) told me:

Flatter me, and I may not believe you. Criticize me, and I may not like you. Ignore me, and I may not forgive you. Encourage me, and I may not forget you.

hi,,thank u so much for this information,however i have this question,,my husband applied for ILR in 2008 on 10 years residency(legally)n got refused due to a period of 40 days gap. He applied for his ILR in march on 14 years long residency. I came here in 2007 on spouse visa with no recourse to public fund,i have two kids n i applied for child benefit n i was recieving th benefit in my account,my question is will claiming child benefit affect my husband's ILR on 14 years long residency??

chorc123 · Post by **chorc123** » Thu Apr 05, 2012 5:32 pm

Marrrya wrote:
kiwigirl25 wrote:Hi All

This thread is all about 14 Year Continuous Residence ILRs, also known as 14 year lawful/unlawful stay (though I note UKBA no longer refers to this category as the latter).

If you've found this thread because you are eligible to apply for your ILR or have already applied and are looking for support. You've made a brave move and prepare yourself for an extension of your long and difficult journey. There is an end now so be patient and try to remain positive. Please don't be too scared to post here. If you have already applied you've declared yourself to UKBA so what's the worse they can do. If you've still to apply you have the right to apply under the 14 year rule so if the UKBA make contact (which I doubt they will) you have this in your favour.

My first advice is find yourself a good immigration solicitor. You can't do this alone. If you were to include the standard documentation or the documentation for other categories you will find the your assigned caseworker will request further information which will hold your application up, or worse case scenario your application will be rejected. If you can't afford a solicitor please do not hesitate to ask for advice as to which documents you should include.

Waiting Times

The published targets for all ILR applications (postal) is 6 months. The 2-3 year wait stated on this board on many occasions is no longer factually correct. 2010 straight-forward applications, on average, receive a response within 8-9 months. Remember you are a paid ILR applicant therefore you have the same rights as any other paid ILR applicant. This right is that after 6 months you can and should complain to UKBA either directly or via your solicitor (I suggest your solicitor as they have plenty of history with UKBA therefore know how to influence UKBA). You may also wish to contact your MP (after the Election). Don't let anyone here convince you that you have to wait 2-3 years.

With regards to contacting UKBA after 14 weeks. They do welcome this on their website but in reality applicants have found this futile. Please do so if you think it will help but expect a scripted response.

If anyone want to start posting personal waiting times like the other ILR categories, please do.

Useful documentation

Caseworker Guidelines -Chapter 18 - Long residence

My bible when applying. Gives you peace of mind that you meet the criteria and what the caseworkers are looking for.

Parliamentary Ombudsman Report (Feb 2010) - http://www.ombudsman.org.uk/pdfs/UKBA-2010-02-09.pdf

This is an official report by the Ombudsman on complaints regarding waiting times for all types of ILR applications. Of interest to 14 year applicants is the finding that 2-3 year waits are unlawful further reiterating that you do not have to wait this longer before complaining.

I will update this thread if any other useful information comes to mind. Feel free to post any information that you think will help. Please note trolling will not be accepted and I will have no hesitation reporting you to the Mods.

As a wise man (or woman) told me:

Flatter me, and I may not believe you. Criticize me, and I may not like you. Ignore me, and I may not forgive you. Encourage me, and I may not forget you.
hi,,thank u so much for this information,however i have this question,,my husband applied for ILR in 2008 on 10 years residency(legally)n got refused due to a period of 40 days gap. He applied for his ILR in march on 14 years long residency. I came here in 2007 on spouse visa with no recourse to public fund,i have two kids n i applied for child benefit n i was recieving th benefit in my account,my question is will claiming child benefit affect my husband's ILR on 14 years long residency??

Do you have legal status/ordinary citizen/ILR yourself? If so, I don't think there is any problem. If you both don't have ILR or DL, then I don't think you can claim child benefit.

Loveislovely · Post by **Loveislovely** » Fri Apr 06, 2012 8:22 pm

Lcity wrote:
diggingdeep wrote:Many conglatulations Lcity, KidDXL, lostlove and all others who have been granted.

I would like to know how did you guys produced in order to sit life in uk test.

Did all of you use lawyer and how crucial do you think is to use a lawyer for this application and how much cost should one expect to pay fo this type of application.

Thank you.
Hi diggindeep,
I showed them my expired passport as it clearly says on the Ukba website with regards to accepted IDs to seat for KOL.
All the best,
Lcity

It cost £50 to sit the Life in the UK test.

awzelleg · Post by **awzelleg** » Sat Apr 14, 2012 1:29 am

Can you please guys who have successfully applied for the 14 years rule with a a gap in your residence share your experiences. I have a single gap of 28 days with no fault of my own - flights fully booked - so the "continuous residence" rule has been broken. I know the officer treating your case can use his discretion, but has anybody been successfull with this?

I am ready to apply but I am really dreading this one gap of 28 days and I really don't think that saying the flights were fully booked would satisfy them?

Please help.

Colours · Post by **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.

diggingdeep · Post by **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?

awzelleg · Post by **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?

diggingdeep · Post by **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?

awzelleg · Post by **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.

diggingdeep · Post by **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;

awzelleg · Post by **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.

Oscar79 · Post by **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.

flemmylola · Post by **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

Loveislovely · Post by **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

Colours · Post by **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.

Loveislovely · Post by **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.

Colours · Post by **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!

alexelot · Post by **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?

diggingdeep · Post by **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.

alexelot · Post by **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"?

Greenie · Post by **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"

Colours · Post by **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

diggingdeep · Post by **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.

alexelot · Post by **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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