10 years long residence applications

[foxy]

there is pretty much nothing we can do

Who is this 'we' (you are talking about)? I can't speak for others but please exclude me from this 'we' as I don't share your sentiments (i.e. there is nothing that can be done)....

HSMP court case has shown the way that it may be possible to stem the rot by legal intervention....so there is nothing 'fait accompli' or 'inevitable' that everyone should simply resign to the fact that 'nothing can be done' and simply accept it as a result of their bad karma....

I am happy to be proven wrong. I will lend you my support if you need it - however it is very likely you will get your passport back before you manage to put together the logistics required for an assault on UKBA at the courts. The HSMP issue did not happen overnight and correct me if I am wrong, once you receive your passport with your ILR, would you still go on battling for others who may not have been so lucky? I thought not.

Pep talk is very easy, but we have to be realistic in this. And do not even get me started on the public attitude towards immigration in this country.

And before the conspiracy theories start flying, no I am not a UKBA drone, I am just as frustrated and hacked off as you in this. However, I have to recognise I am pretty much helpless. I have called them, I have written to them, I have involved my MP but all have hit a brick wall. They just do not want to know nor do they care. So yeah, if you think you can get a judge to push their buttons in a matter of weeks, then let's rally the troops. Otherwise, it's time to stop harping about action like empty barrels.

[terriblefish]

The most complicated part of a 10-year ilr is checking for gaps, especially over several old passports with old visa stamps which have worn out and are not logically ordered over 10 years amonst all holiday stamps too ( took me ages to work out my own departures and arrivals!). With that in mind, it would take longer to process the application than a 5 year work permit visa. But it really shouldnt take more than 4 weeks for straightforward applications from the moment the application is assigned to a caseworker.

The problem, as said above, mainly comes from waiting in queue.

So we need to find out why do 10-year ilr applicants wait in queue soo long even though the HO say its a first come first serve basis.

[aman5]

there is pretty much nothing we can do

Who is this 'we' (you are talking about)? I can't speak for others but please exclude me from this 'we' as I don't share your sentiments (i.e. there is nothing that can be done)....

HSMP court case has shown the way that it may be possible to stem the rot by legal intervention....so there is nothing 'fait accompli' or 'inevitable' that everyone should simply resign to the fact that 'nothing can be done' and simply accept it as a result of their bad karma....

[foxy]

TBH, I don't think UKBA is remotely inclined to defend itself, whether here or in any other forum. The bottom line is they simply do not give a rat's a*se.

They know they've got our money, there is pretty much nothing we can do and frankly it does not appear that it's any of their concern that they put people's lives on hold for so long. Just read another post where someone was made to wait for a year and then refused for allegedly false reasons of out of time visa renewals although that one had a happy ending in that they reconsidered but the whole rigmarole took around 2 years. This is an absolute disgrace when you think of 5 year ILRs who are walking into PEOs as we write this and walking out with their visas the very same day.

[aman5]

And why would UKBA appoint someone to defend in this forum.????????

If one totally rules out such a possibility, then it may be the case of scoring a 'self goal'.

[coolboyuk]

I Totally Agree with Most of you guys, and Dolf, made some good points along with many others.

And why would UKBA appoint someone to defend in this forum.???????? very childish or what ? never mind.

and Yes, 10 years Legal ILR is Totally different from Asylum application. and they can check anything on their linked systems [using computer and communication technologies].

and even though if the ILR is going to be scraped, they simply can not cancel or refuse ours or person who applied before the abolished date based on this reason.

I really think that We need More people to join this forum. i dont know where to find them ? any idea guys?

[boonbin]

STILL PENDING:

Sheng applied on 05/08/09 and is still waiting: now 32 weeks
Boonbin applied on 10/08/09 and is still waiting: now 31 weeks
Croydon applied 17/08/09 and is still waiting: now 30 weeks
Kingie67 applied 17/08/09 and is still waiting: now 30 weeks
Dolf applied 24/08/09 and is still waiting: now 29 weeks
Foxy applied 24/08/09 and is still waiting: now 29 weeks
CLS appplied 27/08/09 and is still waiting: now 28 weeks
Thms applied 28/08/09 and is still waiting: now 28 weeks
Terriblefish applied 08/09/09 and still waiting: now 27 weeks
Taylondon applied 11/09/09 and is still waiting: now 26 weeks
Hangermajor applied 17/09/09 and is still waiting: now 25 weeks

Please find yourself a space to add in to the list for whose still waiting.....

[foxy]

I fully agree with Dolf. The requisites for the 10 year ILR mean that it is actually a much simpler application than would appear from the outset.

In the days of premium applications and indeed for postal applications, all that they were required to verify were that there were no gaps in stays, visas were valid and that the days spent outside the UK fell within the acceptable threshold with most of this evidence available from the applicant's passports anyway.

At the very worst, if in doubt, they may need to check for criminal records etc, but I do not for a moment believe this is a complex process that should require more than 6 months to be dealt with.

In any case, the 6 months (in some cases 7) that have gone by were not spent waiting for information. It is perfectly clear in most cases (going from the replies from the UKBA robots) that the applications sit at the UKBA untouched for months on end. When they actually get to the point of being considered, then it does not usually take more than a few weeks at the very worst for a decision to be made (even that is grossly excessive for most applicants).

So, this leads me to infer that the reason for withholding applications for such a long time is more sinister. I reiterate that the fee we paid is grossly inflated and is more than enough for them to hire more staff in order to attend to the increase in applications if that was indeed the sole reason holding them back. But I reject this theory anyway and I base my conclusions on the fact the UKBA process for ILR 10 year applications remains shrouded in mystery so much so that a proper update can never be given to anybody, whether it's to the applicant, his lawyer or even his MP.

Wake up UKBA, this isn't a charity you're doling out - you're being paid to do your jobs, so DO IT.

[dolf]

boonbin and coolboyuk

I am definitely in. I am not sure which action that we should take. However, I am in which ever collective action decided by the majority.
I have also written couple of letters to UKBA but they have not replied.

As we can see from many posts and from the UKBA replies it looks like that the delay in taking decision only applies to 10 year ILR.

Even if they change the rules I don’t think they can back date it and cancel applications already made.

Obviously some have mentioned that 10 year ILR is very complex. But on this occasion I would agree to disagree as I have never filled such a straightforward application form. As long as a person has all visa stamps or visa letters and the application fits to the guideline then surely they have to check in a tick box. 10 year IRL applications are very different from asylum applications. I guess in asylum application people have to produce lots of hard evidence and believable alibi.

I assume that UKBA can check whether the visa stamps are genuine from their IT/records system.

I am again going to write to UKBA. Let see how it goes. I will also follow suggestion made by boonbin.

[joh118]

Thank God majority people posting on this thread are genuine posts so occasionally when concerted effort is made by a handful few who try to derail the thread by posting subtle messages which on the surface may look perfectly harmless....but on closer inspection, it is clear they are acting as a spokesperson of UKBA not only defending UKBA's decisions in their posts but at the same time taking subtle pot shots at 10 year ILR applicants in their posts....

Look at specifically 2 posts of today afternoon posted on this thread and it would be clear what was the real agenda of these mischievous posts (and to make it clear userid 'terriblefish' post was not one of them)....

Unless these spokesperson of UKBA think people on this thread are so gullible as they would not be able to see through their mischievous posts, let me state that such mischievous posts (which are made to derail the thread by either trying to deviate attention from the thread's core topic or their efforts to subtly try to defend UKBA in their posts), may I suggest these so called Gurus acting in cohesion try their Psy. Op. on some other place.

And who exactly is doing that?

[aman5]

Thank God majority people posting on this thread are genuine posts so occasionally when concerted effort is made by a handful few who try to derail the thread by posting subtle messages which on the surface may look perfectly harmless....but on closer inspection, it is clear they are acting as a spokesperson of UKBA not only defending UKBA's decisions in their posts but at the same time taking subtle pot shots at 10 year ILR applicants in their posts....

Look at specifically 2 posts of today afternoon posted on this thread and it would be clear what was the real agenda of these mischievous posts (and to make it clear userid 'terriblefish' post was not one of them)....

Unless these spokesperson of UKBA think people on this thread are so gullible as they would not be able to see through their mischievous posts, let me state that such mischievous posts (which are made to derail the thread by either trying to deviate attention from the thread's core topic or their efforts to subtly try to defend UKBA in their posts), may I suggest these so called Gurus acting in cohesion try their Psy. Op. on some other place.

[terriblefish]

Does anyone know of any other application types changed to postal only?

There is a possibility that they have changed 10-year ILR to postal only as this method of ILR is soon to be abolished (i think its still on the path to be abolished). They basically could be preparing the HO for the new system, and that could be causing a delay to all our applications too.

[aman5]

Making the 10 year application is a bit like making an asylum application because each case is unique and there are no standard requirements.

Well, yes and no….comparing 10 year ILR with asylum applications is a bit like comparing ‘apples and oranges’….in fact a few pages back we were discussing why 10 year ILR shouldn’t be clubbed with asylum application at HO....

And If I may….may I also point out ‘one size fits all’ may not exactly be true even with ILR applications falling under any other category….each case being unique may be true for any category as well....and if I could also point out that caseworkers ‘Instructions manual’ pertaining to ILR do contain some standard guidelines when deciding 10 year ILR applications.

[joh118]

Boonbin

Agree with you....let me also make a passing reference to userid Wanderer's post on this thread....there is a saying in the army 'rather then creating problems, try to offer solutions'....what this person is doing is indulging in:

1. Shoot and scoot policy.

2. Perhaps even trying to discourage a positive, constructive dialogue on this thread on this issue by his negative, discouraging remarks.

Please also check his 'smart alec' remark to my post on Article 8 on General Immigration forum.... let's all just ignore such posts and concentrate, instead, in finding a solution to this ongoing problem....

I'm preparing to make an application under this category later this year.

I am concerned that they are taking such a long time but I also understand why they would.

Examining one's immigration history for the past 10 years + is a difficult thing to do. You'll need checks and references from other governmental agencies and will need to verify details.

I agree that it shouldn't be taking this long and perhaps around 2 to 3 months max.

Making the 10 year application is a bit like making an asylum application because each case is unique and there are no standard requirements.

I think what we need is to ask the UKBA to give us a timeline of the process that they make to consider an application. This way we can see who is holding up our application and therefore preventing it from being processed further.

[aman5]

Boonbin

Agree with you....let me also make a passing reference to userid Wanderer's post on this thread....there is a saying in the army 'rather then creating problems, try to offer solutions'....what this person is doing is indulging in:

1. Shoot and scoot policy.

2. Perhaps even trying to discourage a positive, constructive dialogue on this thread on this issue by his negative, discouraging remarks.

Please also check his 'smart alec' remark to my post on Article 8 on General Immigration forum.... let's all just ignore such posts and concentrate, instead, in finding a solution to this ongoing problem....

[coolboyuk]

has anyone been refused after a long time like this ?

[boonbin]

Boonbin wrote:

'Since are you Guru, can you suggest what should we do'?

Boonbin, I am no Guru but we all are sailing in the same boat as far as this problem is concerned....so any discussion of a solution (to this problem) would be, at best, a joint effort....

I meant to Wanderer replied. i truly understand, why is why i created this thread to sharing and discussion, hope help each other for our applications. any suggest or ideas, please do not hesitate to comment. we all cannot sit and wait....might end up return next year.

[aman5]

Boonbin wrote:

'Since are you Guru, can you suggest what should we do'?

Boonbin, I am no Guru but we all are sailing in the same boat as far as this problem is concerned....so any discussion of a solution (to this problem) would be, at best, a joint effort....

[coolboyuk]

I am worried that is this dealy going to effect our citizenship application process ? especially after the "Urned citizenship" thing implemented ? ? ? ?

[aman5]

[quote]The simple reason is 10 year legal stay is a tough
application[quote]

Finally it all boils down to a matter of perspective, isn't it?

Not all applications in other categories falling under ILR may be straight forward applications and dealt with the tick boxers at the PEO and not all applications under 10 year ILR category be automatically deemed as 'tough'....and unless such an assertion can be backed by past statistical proof, jury would be still out on this one....thus there is no simple reason that all 10 year legal stay application are 'tough applications'

'Where is the discrimination' you ask....Unless HO gives proof beyond a reasonable doubt for their denying 10 year ILR same day premium service....they cannot allow certain categories under ILR to avail of same day premium service while denying this facility to others....

[boonbin]

If 150 applicants can come together and let's say pool in £10 per person (thus total of £1500), a law firm, perhaps, could be approached to challenge it in Court....as HO allowing only certain categories under ILR to apply for same day premium service while disallowing people applying under '10 years continuous legal stay' the same day premium service (and forcing them to apply only by post) may be discriminatory.

Groan......

The simple reason is 10 year legal stay is a tough application and cannot be dealt with by the tick-boxers at the the PEO, where is the discrimination?

Plus £1500 would only pay the lease for a month on a decent barristers Aston....

Since are you Guru, can you suggest what should we do? among of us have wait over 6 months or more.

[aman5]

Boonbin

Difficult task but not impossible as we have an example of people under HSMP in the past coming together under a common platform to challenge the then directive and finally winning the case in Court(s).

Getting 150 together would mean interacting with members from some other immigration forums as well.... who may (like some members on this forum) be waiting for months on end for a decision from the HO.

[Wanderer]

If 150 applicants can come together and let's say pool in £10 per person (thus total of £1500), a law firm, perhaps, could be approached to challenge it in Court....as HO allowing only certain categories under ILR to apply for same day premium service while disallowing people applying under '10 years continuous legal stay' the same day premium service (and forcing them to apply only by post) may be discriminatory.

Groan......

The simple reason is 10 year legal stay is a tough application and cannot be dealt with by the tick-boxers at the the PEO, where is the discrimination?

Plus £1500 would only pay the lease for a month on a decent barristers Aston....

[boonbin]

If 150 applicants can come together and let's say pool in £10 per person (thus total of £1500), a law firm, perhaps, could be approached to challenge it in Court....as HO allowing only certain categories under ILR to apply for same day premium service while disallowing people applying under '10 years continuous legal stay' the same day premium service (and forcing them to apply only by post) may be discriminatory.

Hi aman5, how we approach it? to get hold of 150 applicants and willing to participate it, kinda hard!!

[aman5]

If let's say 150 applicants who have applied under '10 years continuous legal stay' ILR can come together and pool in money to form a common fund, a law firm, perhaps, could even be approached to challenge it in Court....as HO allowing only certain categories under ILR to apply for same day premium service while disallowing people applying under '10 years continuous legal stay' the same day premium service (and forcing them to apply only by post and then asking them to wait for months on end) may be discriminatory.