Application success despite of 'some days short in completion of 10 years'

[Meera84]

Hello everyone,

Kindly request if anyone have any idea on this please,

I am going to apply SET(LR) soon and trying to figure out what can I put as reasons to stay in the UK. I am a tier 4 student and has stayed here for 10 years now, have two kids (older one is 7 years) and my dependant is running a business since last year.
I am thinking to put my career as one of reason to stay here followed by my child's social life here in the UK. I am also thinking to put my dependant's business as one of the reason but not sure. As far as I know running business is not against the rule while you are a tier 4 dependant. But if anyone have any certain about if it is a good idea to mention the business or will it cause problem. The business has been run lawfully with all VAT and Tax's up to date.
If anyone have knowledge or experience on this please can you share.

Also what forms do dependants have to submit if applying together with the main applicant. Main applicant and dependants applying together by post.

Thank you to everyone who will make effort to read and provide their opinion.

[aman90]

1.This question is not very important.. your answer is good as any.
2. What is ur dependants immigration history?
3. Applications can only be submitted online
4. Have you gone through this
https://assets.publishing.service.gov.u ... -v15_0.pdf ?

[Meera84]

Thank you @aman90,

I have gone through the guidance you linked. and I know we have to apply online and have to put seperate applications.

My partner entered UK on the same day as me so he qualifies for the SET(LR).

But my son was born here in UK and is 7 years now. his visa (pbs dependant) will expire by the time we apply for SET(LR). so I am confused how I can apply for him as I can not include him in my application.

PS. he had to get visa extended because he travelled outside uk few times.
Will greatly appreciate any suggestions and many thanks

[aman90]

Thank you @aman90,

I have gone through the guidance you linked. and I know we have to apply online and have to put seperate applications.

My partner entered UK on the same day as me so he qualifies for the SET(LR).



But my son was born here in UK and is 7 years now. his visa (pbs dependant) will expire by the time we apply for SET(LR). so I am confused how I can apply for him as I can not include him in my application.

PS. he had to get visa extended because he travelled outside uk few times.
Will greatly appreciate any suggestions and many thanks

1.If your spouse is also completing 10 years, he applies independently..
2. Your son can register as British citizen once you receive ILR.

[aman90]

Dont bother with visa for the children
Another reason to stay

You’ll probably be asked abt the children.. you can write a cover letter and let HO know that you intend to register them once you receive settled status
https://www.gov.uk/government/publicati ... 1-guidance

[Meera84]

Hi aman thank you very much for your reply.
Regarding my child, he is on pbs dependent visa which will expire in one week time. We are about to apply ours ilr via post now but don't know how to apply his. He hasn't completed 10 yrs route but he was born here and lived here 7 and half years now. If i don't apply his at the same time he will be taken as over stayer.
suggest me what to do?

many thanks in advance.

[CR001]

If you are planning to register the child as British once your ILR is approved, the child does not need ILR or a valid visa as registration as British is an entitlement he has.

[Meera84]

If you are planning to register the child as British once your ILR is approved, the child does not need ILR or a valid visa as registration as British is an entitlement he has.

Hi CR001, Many thanks for your advice. I think i will leave the child's application now and just apply for two of us. Once we get ILR decision or HO says anything to do we will do accordingly.

any more suggestions from other people also welcome.

[aman90]

Via post? I didn’t know that was still possible
Won’t be an over stayer if you register as British citizen..

[CR001]

Won’t be an over stayer if you register as British citizen..

No, children under 10 are not subject to the good character requirement and do not need a valid visa to register as British.

[Meera84]

Via post? I didn’t know that was still possible
Won’t be an over stayer if you register as British citizen..

Thank you very much for you time , will update you what HO says after my application.

[Meera84]

Won’t be an over stayer if you register as British citizen..

No, children under 10 are not subject to the good character requirement and do not need a valid visa to register as British.

Thank you very much for your time, will keep you updated.

[Meera84]

Hi everyone,

Just wanted to share my application success as it may be useful for some of the members who are in similar situation as I was at the time of my ILR application.

I entered UK on 24th Sep 2009 and have stayed lawfully (on tier 4 most of the years) but my last visa granted was expired on 19th August 2019. My 10 years would have been completed on 24th September 2019. But there was this gap of 37 days between the time of my visa expiration date and my 10 years completion date.

We know that 28 days prior application is considered for 10 year long residency route but still I was short by 9 days. However, I took risk of putting application of SET(LR) on 19th of August 19 but on standard route. I went for BRP appointment on 10th of September 2019. I have now received decision as ILR granted on 7th Dec 2019.
According to the guidance, any application prior to more than 28 days falls under refusal but for a positive surprise I received mine. hope this information will be helpful for anyone with similar situation.

Summary of my visa and stay
Entered UK 24th Sep 2009
2 years PSW from 2011-12
Tier 4 afterwards till 19th August 2019
SET(LR) application 19th Aug 2019
BRP appointment 10th September 2019
ILR issued 7th Dec 2019

[zimba]

According to the guidance, any application prior to more than 28 days falls under refusal but for a positive surprise I received mine. hope this information will be helpful for anyone with similar situation.

That is NOT correct. If you were to be granted ILR on 19th August 2019, you would have been certainly refused. However you applied in-time and the time spent since that day was protected under section 3C which counts as lawful residence. That means the shortage is covered and you will be eligible on the day the case worker wants to make a decision. On 7th Dec 2019, you were eligible for ILR (the day of the decision) and so ILR was granted without any issues

[bizman]

Zimba correct. No issues at all. You applied in time.