Long Residency

[fbutt50]

hi
just wanna ask a question about ILR on 10 years long Residency.
i came in sep.2004 and my 10 years complete on sep.2014 but my current leave expires on july 2014. in short i am one month & a week short of completing 10 years so is there any one who could tell me what to do or what are the options for me.
thnx.....

[BigSam]

hi
just wanna ask a question about ILR on 10 years long Residency.
i came in sep.2004 and my 10 years complete on sep.2014 but my current leave expires on july 2014. in short i am one month & a week short of completing 10 years so is there any one who could tell me what to do or what are the options for me.
thnx.....

Hi fbutt50,

The UK Border Agency’s guidelines state that you can apply 28 days prior to completing the 10 year qualifying period. Applications are sent to Croydon for initial payment processing before being forwarded to Liverpool for the actual processing. It is at that time when they will check that you have completed your 10 years (minus the 28 days).

It is reasonably safe to assume that it will take around a week before anyone looks at your application, which should comfortably place you within the 28 days period.

I applied for my Indefinite Leave to Remain based on the 10 year rule back in August this year (26 days prior to the completion of the 10 years). My application was successful and I received my documents back earlier this month.

Hope this helps and good luck

[geriatrix]

Hi fbutt50,

The UK Border Agency’s guidelines state that you can apply 28 days prior to completing the 10 year qualifying period. Applications are sent to Croydon for initial payment processing before being forwarded to Liverpool for the actual processing. It is at that time when they will check that you have completed your 10 years (minus the 28 days).

It is reasonably safe to assume that it will take around a week before anyone looks at your application, which should comfortably place you within the 28 days period.

I applied for my Indefinite Leave to Remain based on the 10 year rule back in August this year (26 days prior to the completion of the 10 years). My application was successful and I received my documents back earlier this month.

Hope this helps and good luck

ftbutt50, ignore the response above, which is incorrect. Because the date of application is the determining factor when assessing whether or not applicant meets the mandatory requirements, and not when a caseworker gets to "see" the application.

If your leave expires any earlier than 28 days before the 10th anniversary of your entry in the UK, you will need to apply for extension under a category that you may qualify for.

Read Early applications.

[vinny]

Date of decision may be significant.

[BigSam]

Date of decision may be significant.

Thanks for the clarification vinny. It was my understanding that the date of the decision that matters, the date of the application is also significant to determine whether it is deemed "in-time".

Extracts from the link below:

22. For the Secretary of State, Mr Payne accepts that, following AS, the relevant date for the assessment of evidence is the date of the Secretary of State's decision and not, as may have appeared from earlier Tribunal decisions, the date of the application to her. The application is treated as continuing until the date of decision. It is further accepted that the response to an OSW may in some circumstances include additional support for the original application as well as fresh grounds of application. Moreover, the purpose of the statutory procedure, as stated by the majority in AS, is accepted and asserted.

LORD JUSTICE SULLIVAN :

41. I also agree. In AS the Court was not concerned with decisions made by the Respondent under the "Points-based" system of determining applications for leave to remain. In such cases there is a "fixed historic time-line". The effective operation of a points based system requires the points to have been accumulated at the date of the Secretary of State's decision.

[vinny]

Unfortunately, their new guidance differs from the preceeding one regarding early applications. You should appeal and cite the judgment if the application is refused because it was submitted too early but you're eligible on the date of decision.

[fbutt50]

as my ilr is due on the basis of long term residency but i had a fine imposed by magistrate court in 2007 on the basis of fare evasion in underground and i paid the fine.
does it have any effect on my application?
thnx

[BigSam]

Agree with vinny, although the guidance notes state that the application must be refused if “received” more than 28 days before the applicant completes the required qualifying period, the term “received” remains vague as to whether when it is received by the payment processing centre or the caseworker.

You can apply anyway then appeal if it is refused citing the case above. Alternatively, apply for an extension under your current category, even if you know you do not qualify, then vary the grounds of your application as soon as you qualify for the 10 year whilst your application is being proceed. Extract below from the latest guidance notes:

"The applicant completes 10 years continuous lawful residence or 14 years continuous residence while awaiting a decision on an application for further leave
If the application that has generated the 3C leave has not yet been decided, the applicant can vary the grounds of that application to include a request for leave on the basis of long residence. If a long residence application would attract a higher fee than the initial application, the applicant must pay the balance before the varied application can be considered. For more information, see related links:
• 05.0 - Section 3C of the Immigration Act 1971 (As Amended)
• Specified application forms."

As for the fine imposed by the court, in theory, your application should be refused unfortunately. I know minor offences are ignored, especially when not endorsed by a court such is fixed penalty points. I will leave this for someone else to answer. In the meantime, below is an extract of the guidance on convictions when applying for citizenship, which may and may not be the same as those applicable to ILR:

"We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either."

[fbutt50]

just want to ask that I have read info. on rehabilation period for conviction of fine which is 5 years from the date of conviction and my ILR is due on 2014 therefore according to law my rehabilitation period is over and spent by the time i apply for ILR so will that still effect my application?

plz explain

[BigSam]

That's great, if your conviction is spent in five years and that you were convicted before August 2007, then you do not need to list it at all, neither will it have any effect on your application.

The guidance notes state:

"Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed"

Good luck

[fbutt50]

hi
In 2007 i was fined by court for fare evasion in underground and i paid the fine as per court directions but i didn't mention this offence in my student visa applications as it thought it is not a criminal offence and coz of lack of knowkedge. but i got my student visas twice without mentioning it as i was unaware of law knowledge but now my ILR is due after a year but my conviction( 5 years ) will b spent as i complete my rehabilitation period by the time i apply ILR therefore my questions is

1. Do i mention it in my ILR or NOT? ( on the other hand my conviction will b spent by the time i apply for ILR) and law for spent conviction is (not to disclose spent convictions).
2. what are the best options for me ??
and which one shall i choose to acquire ILR?

PLZ HELP...
thnx

[BigSam]

Hi fbutt50,

Please see below answers to your questions:

1. Do i mention it in my ILR or NOT? ( on the other hand my conviction will b spent by the time i apply for ILR) and law for spent conviction is (not to disclose spent convictions).

The fact that you have not mentioned the convictions in your previous applications is irrelevant, as things currently stand, your conviction will be spent come 2014.

2. what are the best options for me ??
and which one shall i choose to acquire ILR?

If you are asking whether or not having legal representation is going to make any difference to your application, then I would encourage you not to apply through a lawyer as this is not applicable to you here. I have never sought legal guidance or representation and always prepared my own applications by myself and even helped friends and colleagues prepare theirs too.

I am by no means dismissing the value a good lawyer could add to a complicated case, but if the only “complication” you envisage with your application is the conviction, then you have nothing to worry about

[fbutt50]

HI

I AM ASKING THIS QUESTION ON BAHALF OF MY CLOSE FRIEND SO PLEASE REPLY ASAP.

MY FRIEND IS HERE IN UK FROM LAST 9 YEARS WITH LAWFULL RESIDENCE HE WAS PLANNING TO APPLY ON THE BASIS OF LONG RESIDENCE NEXT YEAR IN JUNE BUT UNFORTUNATELY FEW DAYS BEFORE HIS COLLEGE LICENSE IS REVOKED AND THE COLLEGE SHUTS DOWN AND I THINK HE CAN NOT APPLY FOR STUDENT VISA AGAIN BECAUSE OF 5 YEARS CAP ON LEVEL 7 COURSE AS HE ALREADY SPENT ABOUT 4 YEARS IN LEVEL 7 COURSE.

PLZ PROVIDE IF THERE IS ANY OPTION
ANSWER BECAUSE HE IS IN STRESSED

[sheraz7]

HI

I AM ASKING THIS QUESTION ON BAHALF OF MY CLOSE FRIEND SO PLEASE REPLY ASAP.

MY FRIEND IS HERE IN UK FROM LAST 9 YEARS WITH LAWFULL RESIDENCE HE WAS PLANNING TO APPLY ON THE BASIS OF LONG RESIDENCE NEXT YEAR IN JUNE BUT UNFORTUNATELY FEW DAYS BEFORE HIS COLLEGE LICENSE IS REVOKED AND THE COLLEGE SHUTS DOWN AND I THINK HE CAN NOT APPLY FOR STUDENT VISA AGAIN BECAUSE OF 5 YEARS CAP ON LEVEL 7 COURSE AS HE ALREADY SPENT ABOUT 4 YEARS IN LEVEL 7 COURSE.

PLZ PROVIDE IF THERE IS ANY OPTION
ANSWER BECAUSE HE IS IN STRESSED

On licence revocation he must be given time to find another sponsor. If he join higher course like M phil/PHD at university then hopefully it might work.

[fbutt50]

can tier4 student switch to internship visa (placement visa). could someone give me info. about this?
thnx

[sheraz7]

can tier4 student switch to internship visa (placement visa). could someone give me info. about this?
thnx

Normally higher level of courses already include internship as part of course but there is no specific visa exist with this name except work related visas.