Immigrationboards.com

Hi Amber what’s you thoughts on this!

I am 39 days short for making my 10 years for Set (LR) application;

Visa issue: 23 Sep 2004
Arrived: 03 October 2004
Valid leave: 24 August 2014 (PSW)

Total: 39 – 28 = 11 Days

1. I can include my self in my wife FLR (FP) application just to buy some time and than vary it to ILR
Or
2. Should I directly apply ILR as I have come across some successful early applicants in this forum as well?

I am more incline towards 2nd option especially I can submit my Biometrics in the last 15th day.
But my only worry is to make sure: my application don't fall into any area of invalidity.

Many Thnaks

You should be ok insofar as you qualify by the time the UKVI comes to making a decision.

Tier 4 wrote:Hi Amber what’s you thoughts on this!

I am 39 days short for making my 10 years for Set (LR) application;

Visa issue: 23 Sep 2004
Arrived: 03 October 2004
Valid leave: 24 August 2014 (PSW)

Total: 39 – 28 = 11 Days

1. I can include my self in my wife FLR (FP) application just to buy some time and than vary it to ILR
Or
2. Should I directly apply ILR as I have come across some successful early applicants in this forum as well?

I am more incline towards 2nd option especially I can submit my Biometrics in the last 15th day.
But my only worry is to make sure: my application don't fall into any area of invalidity.

Many Thnaks

If u choose option 2 your ILR application will come back as invalid. Because it's an early application (even 11 days).

Best thing is to apply flr fp than vary your leave to set lr ( before decision).

Pay by postal order (expensive but 100% safe method)

Fill form perfectly and sign the declaration.

if u r dependent of flr fp than u dont need to sign the declaration section

only main applicant (your wife) will sign .

U need to sign the joint account declaration part (if u r submitting any joint account bank statement which u share with your wife).

Submit the right format pictures as well.

Zee ali wrote:
If u choose option 2 your ILR application will come back as invalid. Because it's an early application (even 11 days).

I dont think this is the case, making application early makes it invalid. As in the light of written below experiences.

I would prefer though Amber to comments on it please.

Zee ali wrote:Best thing is to apply flr fp than vary your leave to set lr ( before decision).

Well, That was my initial plans but as a matter of face I have no grounds to apply FLR (FP) for myself, my mrs might have though if I submit my ILR application, and it will be more scary if I ruin chances for both of us.

There are few examples when people successfully submitted early applications

Query - 24 days shorter for 10 years Long Residency – ILR

Urgent Help Required-ILR when delay in travel for 3 mon 1 da

Shortfall of 28 days before ILR Application

ILR ELIGIBILITY - Email from UKBA

Short of 40 days for Long Residence 10 years

I have a UKBA response on my email as well.

Dear XYZ,

I can confirm that if you submit your application prior to your existing leave expiring you will be covered by the provisions of 3c leave until the date on which the UK Border Agency considers your application. 3c leave will also count towards a qualifying period for 10 years legal residence.

I can also confirm that you are free to vary your application at any point during your period of 3c leave, however I should advise that 3c leave does finish at the moment that we determine your outstanding application.

Regards

Settlement Ops policy
MR

Amber wrote:You should be ok insofar as you qualify by the time the UKVI comes to making a decision.

Many thanks Amber.

This might be interesting as well;

Your 10-year qualifying period starts from either:

• when you arrived in the UK with a visa
• when you were given permission to stay in the UK

@tier4
The reply you get from ukba team is a general version of section 3c and it doesn't directly answering your situation. Read the long residence guidance especially the page 15 the middle paragraph about early application. Remember ukba team never give answer directly related to individual circumstances.

@tier4
The reply you get from ukba team is a general version of section 3c and it doesn't directly answering your situation. Read the long residence guidance especially the page 15 the middle paragraph about early application. Remember ukba team never give answer directly related to individual circumstances.

Universal soldier wrote:@tier4
The reply you get from ukba team is a general version of section 3c and it doesn't directly answering your situation.

Well, I had asked them directly about my situation and early application; "in case of early application will I cover by 3c leave or not"

Universal soldier wrote: Read the long residence guidance especially the page 15 the middle paragraph about early application. Remember ukba team never give answer directly related to individual circumstances.

I already have red the guidance many times AND have red its all previous versions as well,
this paragraph is same in all versions, yet how come people got their application successful on the day of decision?

Applications received more than 28 days before the required qualifying period is
completed
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.
You must fully consider the case and mention any other reasons for refusal in addition to the
applicant not spending enough time in the UK to complete the qualifying period. For
example, all breaks in continuous residence.
Applicants who are refused under the long residence rules due to them submitting their
application too early can re-apply once they have completed their qualifying leave or up to
28 days before this.


What you make of above links I mentioned about successful early applications?

Zee ali wrote: If u choose option 2 your ILR application will come back as invalid. Because it's an early application (even 11 days).

Greenie wrote:An application would not be rejected as invalid due to not meeting general criteria / requirements, instead the application will be refused (validity refers only to things such as paying the correct fee, completing the correct form, signing it, completing mandatory sections of the form, enclosing photos meeting the photo guidance).

sushdmehta wrote: Q - I have received a biometric invitation letter. Does this mean my application has been successful?
A - No. Receiving a biometric letter does not mean your application has been (or will be) successful. It only means that your application is being treated as valid (e.g. - you have submitted the correct form, completed mandatory sections, provided photographs meeting the guidance, have paid the fee etc). Applications are not substantively considered until biometric information is enrolled.

I emailed to home office regarding the early application and they repilied back stating that
" a case worker calculates the 10 years time from the date of entry into uk to the day that the application is decided"

Brainliar wrote:I emailed to home office regarding the early application and they repilied back stating that
" a case worker calculates the 10 years time from the date of entry into uk to the day that the application is decided"

SPOT ON

Amber wrote:You should be ok insofar as you qualify by the time the UKVI comes to making a decision.

Amber was right.


Do you mind to copy past the whole email for us?

Reply from home office "
The Caseworker will calculate from the date of entry into the UK to the day that the application is decided by a caseworker.

Unfortunately we cannot say how long it will take for your application to be decided.

Kind regards
"

hello ,
i have received my ilr applied 52 day early to 10 years . thanks