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I need help on ILR 10 year route.

Posted: Tue Jul 05, 2011 4:29 pm
by zeeshan_khan
Hello everyone,

I need some help on my ILR long residency application. my 10 years coming up in 30th sep 2011. my 10 years based on student visa and psw currently on student.

1. how long it takes for SAR file ?. I have requested last month, and haven't heard anything.

2. I am currently on student visa, what documents do i need. anything new after 6th April 2011.

3. do I need ESOL with Life in the UK ?

4. on the application form, there is an option for premium service. is it still available ?

Thanks you all and i wish you all very best of luck on your pending applications.

Posted: Tue Jul 05, 2011 4:50 pm
by geriatrix
1. You should expect a response within 40 days.
2. The SET(O) form explains the documentary evidence(s) required when applying under long residence. See also Long residence (276A-276D).
3. Either LITUK or ESOL course in English with citizenship (33B - 33F).
4. Settlement application under long residence can only be submitted by post.

Posted: Tue Jul 05, 2011 4:54 pm
by zeeshan_khan
sushdmehta wrote:1. You should expect a response within 40 days.
2. The SET(O) form explains the documentary evidence(s) required when applying under long residence. See also Long residence (276A-276D).
3. Either LITUK or ESOL course in English with citizenship (33B - 33F).
4. Settlement application under long residence can only be submitted by post.


Thank you soo much sushdmehta for this speedy reply..

Posted: Tue Jul 05, 2011 9:06 pm
by zeeshan_khan
sushdmehta wrote:1. You should expect a response within 40 days.
2. The SET(O) form explains the documentary evidence(s) required when applying under long residence. See also Long residence (276A-276D).
3. Either LITUK or ESOL course in English with citizenship (33B - 33F).
4. Settlement application under long residence can only be submitted by post.


There is one thing bugging me, i met a consultant he said you need show them that you are fluent in english by doing ESOL. Only hsmp and work permits applicants dont need ESOL. If you finishing your 10 year time on student visa then you need ESOL. He also said its new law which came after 6 april. And also i need LITUK.
Please tell me this consultant is not right.
Thank you all.

Posted: Tue Jul 05, 2011 9:41 pm
by adamboston
According to the SET(O) Guidance (page 6) section 23:


a. Background
Following changes introduced in April 2007, people aged 18 to 64 must have sufficient knowledge of the English language and life in the UK in order to qualify for indefinite leave to remain. This change in the Immigration Rules was introduced to ensure that migrants wishing to settle here have an understanding of life in the UK and the skills to allow them to integrate fully.

b. What must you do to show that you have sufficient knowledge of English and life in the UK?

From 6 April 2011, main applicants in the categories:
• Certain work permit holders; or
• Business person; or
• Innovator; or
• Investor; or
• Highly skilled migrant; or
• Writer, composer or artist; or
• Tier 1 (all categories); or
• Tier 2 (all categories)

are required to show that they meet the Knowledge of Language and Life in the UK requirement and must do so by passing the Life in the UK Test.

However, applicants in the above categories who passed an ESOL with citizenship course with an accredited college before 23 November 2010, or who enrolled on a course before that date and gained the qualification at a later date may use this to demonstrate that they meet the Knowledge of Language and Life in the UK requirement.

All other applicants

If your English is already at or above ESOL (English for speakers of other languages) Entry Level 3, you can take the test known as the Life in the UK test. If your English is below ESOL Entry Level 3, you will need to attend an ESOL with citizenship course at an accredited college and obtain a relevant ESOL qualification as described in 22l-m of these guidance notes
.
You, like myself, fall under 'other applicants' category so either LITUK or ESOL course in English with citizenship. The above is straight from the horse's mouth.

Posted: Wed Jul 06, 2011 9:46 am
by xyz123
zeeshan_khan wrote:
There is one thing bugging me, i met a consultant he said you need show them that you are fluent in english by doing ESOL. Only hsmp and work permits applicants dont need ESOL. If you finishing your 10 year time on student visa then you need ESOL. He also said its new law which came after 6 april. And also i need LITUK.
Please tell me this consultant is not right.
Thank you all.
thats just an incompetant or greedy (or likely to be both :D ) consultant who wants your money by scaring you..

Posted: Wed Jul 06, 2011 11:51 am
by adamboston
xyz123 wrote:
zeeshan_khan wrote:
There is one thing bugging me, i met a consultant he said you need show them that you are fluent in english by doing ESOL. Only hsmp and work permits applicants dont need ESOL. If you finishing your 10 year time on student visa then you need ESOL. He also said its new law which came after 6 april. And also i need LITUK.
Please tell me this consultant is not right.
Thank you all.
thats just an incompetant or greedy (or likely to be both :D ) consultant who wants your money by scaring you..
Can’t afford to disagree with you xyz123.

Like zeeshan I went to see a solicitor (in March this year) about the 10 years Long Residency rule; funny enough he told me:

10 years provision doesn’t exist anymore and Earned Citizenship is the only route to settlement (though it was scrapped in November last year by Secretary of State). He also told me I may qualify under Human Rights but I’ll have to pay him £4000 to prepare my case. He knew that I have a straight forward case and I tick all the boxes.

It was silly of me I never checked the UKBA website and this forum before seeing this bogus immigration advisor/solicitor who charged me £90 for 45 minutes advice. It was literally here, on this forum, and UKBA website I learnt everything about the 10 years rule e.g. LITUK test, SAR, Section 3C and 3D, SET(O), Guidance etc. Now I am going to apply for ILR later this month and can’t thank enough to all the moderators and other contributors.

If your case is more or less complicated then there's no alternative to a legal advice from a Good OISC registered solicitor or Not For Profit OISC Advisory Service.