10 years long residence applications

[imranmohammed14]

Hello Everyone
I have been a silent reader of this site and appreciate the information and guidance given by you all. you guys are doing an excellent job. Thanks
I was on Enterprenuer visa along with my spouse and 2 child born in India. Recently i have moved on to ILR with 10 years long residency. to cut the story short i have few questions on my dependents, please spare some time and give your valuable suggestions. Thanks in advance.

1.My wife came into this country in June 2009 and since than she is my dependent, so what are the options or only option for my wife to extend her stay.
2. What are the options for My 2 kids age 4 and age 2 both born in India.
3. If they are going on flr(m) for 5 years and i have to meet the criteria of £24800, can i use the dividents from my private limited company for the year 2013 and 2014 and pay off the HMRC the required tax now and get flr(m) stamped on the window next month.
4. or lastly if i am taking salary from my company every month and apply for flr(m) after 6 months can they still travel to India as there visa's are valid till August 2014. My family has been already booked for holiday in March 2016.

Please guys enlighten me. Thanks

[arm0207]

Dear Experts,

I know this question has been asked many times and people have been successful using various routes to complete their 10 years and then getting ILR via 10 years route. I would like to know what do you consider would be best option for me in my case as below.

1st came to UK on 14th October 2006
Have been student Till Oct 2010
Had PSW Leave from Oct 2010 till Oct 2012
Applied for Tier 1 Entrepreneur in Oct 2012, Granted in Mar 2013
Tier 1 Entrepreneur Expiring on 26th March 2016.

Based on above details, I believe there is a gap of 5 and half months from visa expiry until the time I qualify for ILR. I would like to ask a few questions please
1) What's best option for me to cover this gap to stay covered legally
2) If I apply for ILR before the expiry of my current leave, and if I don't receive any decision by the time I qualify for 10 years route, Can I withdraw the application and book a same day appointment to get ILR quicker? Or Can I Vary the application, Will there be any fee refund in this case?
3) If I apply for ILR before expiry of my current leave and I get refusal for making an early application with a right of appeal; Would I be able to book a same day appointment as above and withdraw the appeal? Will I have to withdraw the appeal before attending the appointment for ILR or after?
4) I have my wife as my dependent on current leave (Tier 1 Entrepreneur), What would be best option to keep her legal whilst my application is pending to be decided during all this time?

I am sorry, I have written quite long questions, Hope my situation is easy to understand. and looking forward to receive your opinion.

This forum is a great source of help and expert advise for all of us.

Thanks alot for all the hardwork that you guys are doing.

Any Comments pls???

[Abido]

Hi Kash.. I have always been employed by companies
and my tax is deducted at the end of each month and paid to the hrmc....

[kashiuk1]

Hi guys ,

Need your help ....I applied for ILR based on 10 years stay on the 12/01/16 -premium service .After 3 hours of waiting - I was given a letter that my application is valid but they need to do further checks .
I started with a student visa in 2005 and everything was fine till 2009 when my psw application was refused .So 2009 visa state was as follow :

1.13/02/2009- PSW was Refused and was given right to appeal

2.26/02/2009- Submitted a valid appeal – Extant Leave pursuant to Section 3C of the Immigration act 1971

3.13/07/2009-Appeal (Application for reconsideration ) was refused - Extant Leave pursuant to Section 3C of the Immigration act 1971

4.14/07/2009- Made a fresh Tier 1 PSW Extant Leave pursuant to Section 3C of the Immigration act 1971

5. 25/07/09- Got receipt from Home office confirming that they received my pbs application.

6. 17/07/2009 – Applied for an order that the AIT reconsider its decision on an appeal under s.82*/83* of the Nationality, Immigration and Asylum Act 2002, following the tribunal’s decision not to order reconsideration. Extant Leave pursuant to Section 3C of the Immigration act 1971


7.24/08/2009- Tier 1 PSW was awarded

8 .28/08/2009- Withdrew Application for an order that the AIT reconsider its decision on an appeal under s.82*/83* of the Nationality, Immigration and Asylum Act 2002, following the tribunal’s decision not to order reconsideration

As it is I am concerned that I made a fresh application for PBS while an appeal is pending . The Psw was accepted and visa issued accordingly . Afterwards I have collected Tier 1 General Visa twice now .
I decided to go through the 10 year ilr route instead of my Tier 1 General in February 2016.
Can me making a fresh application while my appeal is still pending affect my ilr application?[/quote]

hi
so you had tier1 in the past and if yes ,have you paid all taxes ?

[aks_wk]

Yes

[arm0207]

Dear Experts,

I know this question has been asked many times and people have been successful using various routes to complete their 10 years and then getting ILR via 10 years route. I would like to know what do you consider would be best option for me in my case as below.

1st came to UK on 14th October 2006
Have been student Till Oct 2010
Had PSW Leave from Oct 2010 till Oct 2012
Applied for Tier 1 Entrepreneur in Oct 2012, Granted in Mar 2013
Tier 1 Entrepreneur Expiring on 26th March 2016.

Based on above details, I believe there is a gap of 5 and half months from visa expiry until the time I qualify for ILR. I would like to ask a few questions please
1) What's best option for me to cover this gap to stay covered legally
2) If I apply for ILR before the expiry of my current leave, and if I don't receive any decision by the time I qualify for 10 years route, Can I withdraw the application and book a same day appointment to get ILR quicker? Or Can I Vary the application, Will there be any fee refund in this case?
3) If I apply for ILR before expiry of my current leave and I get refusal for making an early application with a right of appeal; Would I be able to book a same day appointment as above and withdraw the appeal? Will I have to withdraw the appeal before attending the appointment for ILR or after?
4) I have my wife as my dependent on current leave (Tier 1 Entrepreneur), What would be best option to keep her legal whilst my application is pending to be decided during all this time?

I am sorry, I have written quite long questions, Hope my situation is easy to understand. and looking forward to receive your opinion.

This forum is a great source of help and expert advise for all of us.

Thanks alot for all the hardwork that you guys are doing.

[Abido]

Alhamdullilah , with the Help of Almighty Allah I got my ILR and received my card and all papers. I was struggling since 2012 when I applied for entraprenuer visa with TOEIC English test . Then refused , appeal , lower tribunal, upper tribunal , judicial review . Then flr(o) , student visa Tier-4, and finally applied for ILR in 2014 after 10years continuously staying in UK ( was always with immigration rule by applying one after another visa ) . All I can say is now I'm released from one of biggest tension . I was only praying to Allah to overcome this obstacle . Alhamdullillah . Thanks to this immigrationboard forum - time to time I got helped from this forum by reading members experience . If anyone need any kind of information and question regarding ILR application I don't mind to share my experience here .
Allah is great. Allah bless us all.

Hi guys ,

Need your help ....I applied for ILR based on 10 years stay on the 12/01/16 -premium service .After 3 hours of waiting - I was given a letter that my application is valid but they need to do further checks .
I started with a student visa in 2005 and everything was fine till 2009 when my psw application was refused .So 2009 visa state was as follow :

1.13/02/2009- PSW was Refused and was given right to appeal

2.26/02/2009- Submitted a valid appeal – Extant Leave pursuant to Section 3C of the Immigration act 1971

3.13/07/2009-Appeal (Application for reconsideration ) was refused - Extant Leave pursuant to Section 3C of the Immigration act 1971

4.14/07/2009- Made a fresh Tier 1 PSW Extant Leave pursuant to Section 3C of the Immigration act 1971

5. 25/07/09- Got receipt from Home office confirming that they received my pbs application.

6. 17/07/2009 – Applied for an order that the AIT reconsider its decision on an appeal under s.82*/83* of the Nationality, Immigration and Asylum Act 2002, following the tribunal’s decision not to order reconsideration. Extant Leave pursuant to Section 3C of the Immigration act 1971


7.24/08/2009- Tier 1 PSW was awarded

8 .28/08/2009- Withdrew Application for an order that the AIT reconsider its decision on an appeal under s.82*/83* of the Nationality, Immigration and Asylum Act 2002, following the tribunal’s decision not to order reconsideration

As it is I am concerned that I made a fresh application for PBS while an appeal is pending . The Psw was accepted and visa issued accordingly . Afterwards I have collected Tier 1 General Visa twice now .
I decided to go through the 10 year ilr route instead of my Tier 1 General in February 2016.
Can me making a fresh application while my appeal is still pending affect my ilr application?

[Bambam419]

Please, I need a little help here. I will appreciate.

I came to the UK in Sept. 2004 on student visa. Has lived lawfully up to date. However, my wife and two kids joined me in August 2008. I have one child born in UK in 2009. On March 9th 2014, my student visa was curtailed including my dependents with 60-days remaining leave. I applied on Flr (Fp) on May 5th as my two kids had only 3 months to clock 7 years. My application was refused and I appealed, then home office withdrew their decision on the day of hearing, as I completed 10 years lawful residence before the hearing date. In Dec. 2014, the caseworker wrote me that I could vary my application to indefinite leave on 10 year long residence which I did, bearing in mind she never mentioned anything about my dependents. I did vary my leave same month on postal application.

However, sometime in March 2015, the caseworker contacted my solicitor that I need to fill separate forms for my dependents to vary their own applications without any further payments. My solicitor advised she needs to put that into writing and sent to him. He did this for legal reasons. We waited for months and no letter came in. In July 2015, I wrote them to inquire about my application which they replied in August 2015, stating my application was then in active consideration and would hear from them in due course regarding their decision. They mentioned nothing about my dependents.

In December 2015, I raised a complaint thru email which they replied this January stating I need to fill in applications and sent to them regarding my dependents. Now my querries are:

i) What is the best form to use for my dependents bearing in mind I can't meet FLR (M) due to earning. Is it flr O or fp?

ii) Am I supposed to pay the health surcharge fee for my dependents, considering this happened before the fee started and home office was meant to send a letter so we could send the forms but they didn't? Bear in mind, the caseworker originally stated I had no further payments to make

iii) If I have to pay the surcharge fee, Do you think I should withdraw my daughter's application, the one born here to save cost on the surcharge fee then apply for her registration after my indefinite leave is granted or should I vary her own application to registration by filling the registration form and paying the fee difference since no decision has been reached on our applications, then back it up with letter advising home office to withhold decision on her application until my indefinite leave is granted.

Your advice will be appreciated,thanks.

[sodonm]

Hi Survivor07

It was not the same in my case I varied flr fp to set lr 15 days before completing 10 years. It took nearly 2 months for bio to arrive. My LR card and documents arrived approx after 3 weeks after registering bio. It was a pretty quick decision for me thanks.

[Survivor07]

hi doea anyone know how long the home off is taking to process ilr long residence application by post
thanks..

The current min-max range of ILR postal apps after biometrics is 3 weeks-6 months+ contingent on complexity of the case. The median range after biometrics would be between 4-7 weeks for most applicants with straighforward cases.

If the case is not straightforward ( appeals,varying an apps, HO discretion req) you add another atleast 4-7 weeks on top of above figures.

If you won an appeal at Tier 1 and the case is sent back to HO its atleast 3-4 months - 6months plus the time spent which is usually over a year at tier 1 tribunal at current hearing date.For higher tribunals its even more ! This route takes between 11.5 -12 yrs to get ILR- a fact never mentioned by solicitors !

For outliers ( exceptional cases) for instance if TOEIC was used then it is usually over a 1.5 years before the folks are hearing anything from HO.

Now you can listen to this -- Dont waste my time - Krept & Konan

[avjones]

For 10 year ILR, sounds fine. If you made the new application in-time or within 28 days, doesn't matter when it was granted.

[legend786]

Hi all,
I am new here and have read a lot of the posts but still couldn't figure out this issue I am facing.
I came to UK in 2007 on student visa, and all my visas have the valid dates overlapping except one time when I had my Post Study Working Visa sent to me, it's only valid from 8th Dec 2011, while my previous student visa valid until 31st Oct 2011, I am very sure I have posted out my application before 31st Oct 2011. Here comes the part I got frustrated:
1)From what i read online, i should not be considered as overstay (from 31st Oct - 8 Dec 2011, i was in UK the whole time waiting for my visa to be granted and biometric residency card sent to me), should i?

2)I have read a lot of posts online saying that there is this GAP of 28 days granted and section 3C leave? If this is the case, does these 38 days between 31st Oct - 8 Dec 2011 being considered as a break of my continuous stay?

3)I am pretty sure I posted out my application before 31st Oct 2011, do i need to prove it? and if i do, how can I requested the case raised date from the home office?

I know requirements may change by the time it reach 2017, but I wanted to understand these before I make any decisions on extending my working Visa or not. Thank you in advance for helping

[mj007]

hi doea anyone know how long the home off is taking to process ilr long residence application by post
thanks..

[mj007]

hi am new here..can someone pls help me

my student visa expired in dec 09 and i did an intime application for visa extension
then in march 2010 visa was refused and the home off sent a letter stating that i can appeal
but instead of doing an appeal i did a fresh application within a week
visa was then approved in april 2010
now i have completed 10yrs and am going to apply for ilr
i just wanted to know if with the fresh application i made there is a gap in my continuous stay
thanks everyone.

Is there any particular reason you made a new application rather than appeal? You would be covered under section 3c if you appealed within the permitted time period and were successful. I am however not sure what your status would be considered to be, in the event of a new application being made. It would be best to wait for others to comment further.

hi..the solicitor i saw told me it would be easier and quicker to do a fresh application..thanks

[smir]

Mubrook Brother



Ca you please throw some light after refusal of permission to appeal after that within how many days you applied JR ???

One of my friend got permission to appeal refused on 17th Nov 2015


Also give your complete dates and what steps you took so that other gets help please



I have already got ILR I am just talking on other behalf

Alhamdullilah , with the Help of Almighty Allah I got my ILR and received my card and all papers. I was struggling since 2012 when I applied for entraprenuer visa with TOEIC English test . Then refused , appeal , lower tribunal, upper tribunal , judicial review . Then flr(o) , student visa Tier-4, and finally applied for ILR in 2014 after 10years continuously staying in UK ( was always with immigration rule by applying one after another visa ) . All I can say is now I'm released from one of biggest tension . I was only praying to Allah to overcome this obstacle . Alhamdullillah . Thanks to this immigrationboard forum - time to time I got helped from this forum by reading members experience . If anyone need any kind of information and question regarding ILR application I don't mind to share my experience here .
Allah is great. Allah bless us all.

[ichikara]

Am new here. just needed an advise my application. will be applying for 10years come March 2016. Am on tier 1 general. Do i need to show tax payment with my application? Am really worried as most information on this forum tends to state that you need show tax payment?
I will also appreciate if you can advise what document i need to submit for my application and which of the PEO centre i need to apply to please?

many thanks
Agwula

[mamabibi]

Please help! I'm also interested in the response to this post.

[sa7e]

Hello amazing bloggers. Shout out to admin or anyone who has the answer.

I came across this news that there will be a 35,000 salary requirement from April 2016 for those who wants to apply for ILR after 5 years. Does this affect 10 year ILR too and will this effect me in particular ?? I have following history:

Student 2006 - 2011
PSW 2011 - 2013
EU spouse 2013 - 2016

My 10 years completing on 25th April 2016.

Just when I thought I completed everything and all set to apply, I heard about this 35,000 criteria.

Can someone shed light on it as it should concern every one of us please.

[avjones]

Congratulations on ILR, glad your tension and stress is behind you.

More like your hard work and meeting the criteria than divine intervention, though!

[Survivor07]

I was struggling since 2012 when I applied for entraprenuer visa with TOEIC English test . Then refused , appeal , lower tribunal, upper tribunal , judicial review . Then flr(o) , student visa Tier-4, and finally applied for ILR in 2014 after 10years continuously staying in UK ( was always with immigration rule by applying one after another visa ) . All I can say is now I'm released from one of biggest tension .

Congrats mate - welcome to the ILR club. With all the applications you filed I think you got the full UK immigration experience ! Next time you see a UKBA official you can just flash your new card with a smug look .

On a serious note since your case meets the definition of complex one could you shed some light on approx date of application for ILR and biometrics given so that people with similar backgrounds will have some benchmark for their own cases .


Thanks & Enjoy your freedom

S

[legend786]

Alhamdullilah , with the Help of Almighty Allah I got my ILR and received my card and all papers. I was struggling since 2012 when I applied for entraprenuer visa with TOEIC English test . Then refused , appeal , lower tribunal, upper tribunal , judicial review . Then flr(o) , student visa Tier-4, and finally applied for ILR in 2014 after 10years continuously staying in UK ( was always with immigration rule by applying one after another visa ) . All I can say is now I'm released from one of biggest tension . I was only praying to Allah to overcome this obstacle . Alhamdullillah . Thanks to this immigrationboard forum - time to time I got helped from this forum by reading members experience . If anyone need any kind of information and question regarding ILR application I don't mind to share my experience here .
Allah is great. Allah bless us all.

Congratulations and enjoy your freedom

[freeman0410]

Alhamdullilah , with the Help of Almighty Allah I got my ILR and received my card and all papers. I was struggling since 2012 when I applied for entraprenuer visa with TOEIC English test . Then refused , appeal , lower tribunal, upper tribunal , judicial review . Then flr(o) , student visa Tier-4, and finally applied for ILR in 2014 after 10years continuously staying in UK ( was always with immigration rule by applying one after another visa ) . All I can say is now I'm released from one of biggest tension . I was only praying to Allah to overcome this obstacle . Alhamdullillah . Thanks to this immigrationboard forum - time to time I got helped from this forum by reading members experience . If anyone need any kind of information and question regarding ILR application I don't mind to share my experience here .
Allah is great. Allah bless us all.

[vyolat]

Hi,
I have looked at your concerns plus i should make you aware if you have applied within the time limits you should be al right and you should have acknowledgement letters when you made your applications in past which can prove you have done so in time otherwise HO should have them in their system. That's why i am saying because i got approval for ILR and as well as got approved for citizenship recently and i had six months gap between my visas but it doesn't mean i was overstayer and my applications were made in time and as per your visas concerns it makes no difference to your immigration status whilst your application were pending in HO
This is purely my opinion and i was in a same situation as you plus worried so i thought i should share it
I hope it helps

Good luck

Congratulations & Thank you for your help!

1) Correct, you were not an overstayer if you submitted your PSW visa prior to your previous leave expiring. You would then be covered by section 3c from the date your previous leave expired until the HO granted you leave as a PSW.
2) As explained above, it wouldn't be considered a break in continuous stay, if your PSW visa application was made in-time prior to your previous student visa expiring.
3) You don't need to prove it, as the HO will have their records to verify. If you wish you may make a SAR (subject access request) to get a copy of the records the HO have on your immigration history. This however isn't a requirement, just for your reference & peace of mind if you are worried.

I have already posted my SAR, hopefully i will receive it soon! Thank you very much for the detailed clarification

[avjones]

hi am new here..can someone pls help me

my student visa expired in dec 09 and i did an intime application for visa extension
then in march 2010 visa was refused and the home off sent a letter stating that i can appeal
but instead of doing an appeal i did a fresh application within a week
visa was then approved in april 2010
now i have completed 10yrs and am going to apply for ilr
i just wanted to know if with the fresh application i made there is a gap in my continuous stay
thanks everyone.

Should be fine - you applied within 28 days of the rejection, and the application made within that 28 days was accepted. That shouldn't break your lawful residence.

[cs95tdg]

hi am new here..can someone pls help me

my student visa expired in dec 09 and i did an intime application for visa extension
then in march 2010 visa was refused and the home off sent a letter stating that i can appeal
but instead of doing an appeal i did a fresh application within a week
visa was then approved in april 2010
now i have completed 10yrs and am going to apply for ilr
i just wanted to know if with the fresh application i made there is a gap in my continuous stay
thanks everyone.

Is there any particular reason you made a new application rather than appeal? You would be covered under section 3c if you appealed within the permitted time period and were successful. I am however not sure what your status would be considered to be, in the event of a new application being made. It would be best to wait for others to comment further.