10 years long residence applications

[omi123]

Yes I have applied before my PSW was expired .. They refused and gave me right of appeal .. Refused Becz duration of contract was missing or had no trading business account. Upper tribunal first refused without any oral hearing in Jan 2016 .. I have advised by different people to go for new application which was refused as well so a new solicitor advised to go for JR for first application.

So In JR they applied cart 56.7 and quashed the refusal of upper tribunal refusal. Upper tribunal accept my application this time and called for oral hearing. They refused again and gave me right to appeal for permission to appeal for court of appeal. And now a days waiting from upper tribunal decision.

[robertholdon]

hey ..
thanks for ur reply.
In JR decision (August 2016) they Quashed the refusal of Upper tribunal which was made in Jan 2016 but when case went back to upper tribunal they refused again. so don't u think the time was connected when JR quashed the refusal ?? and now I m back on track of Upper tribunal then court of appeal ? as according to my solicitor and barrister ur time is counting.

Just to be clear with your case as you did not clearly explain your timeline. When you applied your T1 Ent. Did you apply it before your PSW was expired? If so, then yes, you would go to 3C. When the application was refused. What was the detail? Was it anything that you could go on appeal? and why did you put another fresh application? If you put a fresh application. What i know is you become overstayer and you have to get status reinstated first.

What i understand that if the court decision was in your favour. What is the details? It's going to be difficult to comment for something that we don't know in details.

Your 10 years will be in January 2017 provided your case is a straight forward case. Perhaps I am wrong with this and others could comment.

[omi123]

hey ..
thanks for ur reply.
In JR decision (August 2016) they Quashed the refusal of Upper tribunal which was made in Jan 2016 but when case went back to upper tribunal they refused again. so don't u think the time was connected when JR quashed the refusal ?? and now I m back on track of Upper tribunal then court of appeal ? as according to my solicitor and barrister ur time is counting.

[shameera_dilan]

Dear Friends,

I have had my ILR granted based on the 10 year route, on 02-Dec-2016.

Just want to let you know that if your immigration history is straight forward, please do not waist Money on Solicitors.

The documents I have provided were Passports, BRP, Degree certificate, Life in the UK Test, Birth Certificate and completed application form.

[robertholdon]

Hey Everyone,
I am going for 10years long residence premium service and at da moment bit confused whether that will be a right decision or not ? I hope you guys can help me out ??
My Immigration History is as follow:-

I came in uk 13th Jan 2007 then stayed on T4 till March 2012
I switched to PSW which came to an end on Sep 2014
I have applied for T1 Entrepreneur but application was refused so I went through 3C and last refusal came out in Feb 2016. I have applied a fresh application which was refused as well on April 2016.
My solicitor advised me to go for Judicial Review of first application which we did. JR has been accepted and Upper tribunal + Home office refused to defend the case and requested to send the case back to Upper tribunal in August 2016.
Then upper tribunal called for oral hearing in October 2016 and they refused again. So I have applied for Permission to appeal in Court of appeal and still did not get any response. My 10 years will be completed on 16th December (28 Days before entering in uk).

Whether I completed my 10 years legally or not ?

NO

should I go for postal or premium service ?

I don't think you can apply for now

In Both cases whether I need to withdraw my application from upper tribunal before I go for ILR ?

No. You need to get back you status and your status would be back as LEGAL. I can only understand that your status now is as "overstayer". Therefore this needs to be quashed by the court and your continuous stay will not be broken.

Many Thanks

[omi123]

Hey Everyone,
I am going for 10years long residence premium service and at da moment bit confused whether that will be a right decision or not ? I hope you guys can help me out ??
My Immigration History is as follow:-

I came in uk 13th Jan 2007 then stayed on T4 till March 2012
I switched to PSW which came to an end on Sep 2014
I have applied for T1 Entrepreneur but application was refused so I went through 3C and last refusal came out in Feb 2016. I have applied a fresh application which was refused as well on April 2016.
My solicitor advised me to go for Judicial Review of first application which we did. JR has been accepted and Upper tribunal + Home office refused to defend the case and requested to send the case back to Upper tribunal in August 2016.
Then upper tribunal called for oral hearing in October 2016 and they refused again. So I have applied for Permission to appeal in Court of appeal and still did not get any response. My 10 years will be completed on 16th December (28 Days before entering in uk).

Whether I completed my 10 years legally or not ?
should I go for postal or premium service ?
In Both cases whether I need to withdraw my application from upper tribunal before I go for ILR ?

Many Thanks

[alib]

Hi everybody

I finally have a ilr visa under 10 years long residence.i came 21/11/2006 and i took appointment 21/11/2016.i put all documents they ask for.also very short cover letter.just wanted to make more documents,i put all bank documents,payslips,etc... i put all separate sheet protector and wrote on them what inside.i went to premium service and of course very nervous.i gave to one lady all documents ,she checked.i sat down and ws watching her.she gave them to case worker so i have seen who is deciding my application.it took only 40 mins and called my number and said i got it.please when you file your documents,try to make it easy for them and also don't forget photocopies of your visas ,passport and police certificate

good luck all of them

[KT316]

Hi All,

I really hope someone can help me.

In the Personal History section for the question - Have you or any dependants applying with you had any UK court judgment against you for nonpayment of a debt, or received a civil penalty under UK Immigration Acts?

Do we have to include any information of Summons from Court? I had a summons from court for non-payment of Council Tax which was an error from their end as they wanted me and my flat mate to pay the whole years council tax upfront. We set up a direct debit with the council before the court summons. Do I still need to include this?

Would be really helpful if I can get advice on this as I wouldn't want to be rejected on the basis of deception in case I have to report it.

Many thanks

[robertholdon]

PAP was sent within 28 days of receiving the refusal letter
Judicial review was sent later Home Office replied that they maintainned their stance
Judicial review was withdrew after Home office agreed based on consent order that they would reconsider my application within 3 months

As soon as you send your application for JR. Your status becomes overstayer and not "LEGAL". Your continuous stay is also broken in regards to 10 years. Unless the court is in your favour. That means your status will go back before you first applied for your leave.

Others might explain differently and I might be wrong. But that's my understanding for JR.

Thank you

[JOHFR2014]

Good evening to all the members, gurus and moderators, please I need your candid advice.
My question is , IS LEGAL STAY STILL INTACT F0R THE PURPOSE OF 10 YEARS LONG RESIDENCE APPLICATION?
My imigration history are as follows:
Entered UK in May 2005 as student
Renewed student visa/post study visaup till July 2013
Wife entered UK 2006
2 Children entered UK 2007
Applied for FLR(0) 2013 before leave expired
FLR(0) aplication refused with appeal right
First tier tribunal dismissed the appeal 2014
Applied to upper tribunal but withdrew and filed FLR(FP) the same day when 2 children qualified for 7 years rule
New FLR(FP) was refused without appeal right
PAP was sent within 28 days of receiving the refusal letter
Judicial review was sent later Home Office replied that they maintainned their stance
Judicial review was withdrew after Home office agreed based on consent order that they would reconsider my application within 3 months
Reconsideration resulted into refusal letter with appeal right
Appeal allowed by first tier judge
Presently waiting in case Home Office appeal to upper tribunal and this my 11th year in UK

Hope to hearing from you
Many thanks

[siyahan26]

Thanks for fast reply have a good day

[CR001]

Hello good afternoon
I'd like to thank everyone who contributed to this forum as it was very helpful
for me to prepare for my application.

I really appreciate if someone can help my query though.
I've made an appointment at Croydon Home Office for premium service and made the payment in advance.

I've completed the form SET(LR) but it is asking the payment details. Should I leave this section blank or complete it with my bank details just in case?

Many thanks

[siyahan26]

Hello good afternoon
I'd like to thank everyone who contributed to this forum as it was very helpful
for me to prepare for my application.

I really appreciate if someone can help my query though.
I've made an appointment at Croydon Home Office for premium service and made the payment in advance.

I've completed the form SET(LR) but it is asking the payment details. Should I leave this section blank or complete it with my bank details just in case?

Many thanks

[robertholdon]

Hi.

I think it would be appropriate if you could type your message with small letters as your capital letters can be translated as offensive to others. I am not keen either to read your message when capital letters are being used.

In regards to your question whether you are still legal in the UK. The answer is simply "NO". The reason is because when you enter Judicial review. Your status is not legal and rather classified as overstayer. Your status will become legal when your judicial review case is being quashed by the judge and your status becomes legal.

Hope this helps.

Thanks

[quote]Good evening to all members , please I need your candid advice.
MY QUESTION IS , IS LEGAL STAY STILL INTACT F0R THE PURPOSE OF 10 YEARS LONG RESIDENCE APPLICATION?
MY IMMIGRATION HISTORY ARE AS FOLLOWS
ENTER UK IN MAY 2005 AS STUDENT
RENEWED STUDENT VISA/POST STUDY VISA UP TILL JULY 2013
WIFE ENTERED UK 2006
2 CHILDREN ENTERED UK 2007
APPLIED FOR FLR(0) 2013 BEFORE LEAVE EXPIRED
FLR(0) APPLICATION REFUSED WITH APPEAL RIGHT
FIRST TIER TRIBUNAL DISMISSED THE APPEAL 2014
APPLIED TO UPPER TRIBUNAL BUT WITHDREW AND FILED FLR(FP) THE SAME DAY
NEW FLR(FP) REFUSED WITHOUT APPEAL RIGHT
PAP WAS SENT WITHIN 28 DAYS OF RECEIVING THE REFUSAL LETTER
JUDCIIAL REVIEW WAS SENT LATER AFTER HOME OFFICE REPLIED THAT THEY MAINTAINED THEIR STANCE
JUDICIAL REVIEW WAS WITHDREW AFTER CONSENT ORDER WHICH RESULT INTO THREE MONTHS RECONSIDERATION OF MY CASE BY HOME OFFICE
RECONSIDERATION RESULTED INTO REFUSAL LETTER WITH APPEAL RIGHT
APPEAL ALLOWED BY FIRST TIER JUDGE
PRESENTLY WAITING IN CASE HOME OFFICE APPEAL TO UPPER TRIBUNAL AND THIS IS MY 11TH YEAR IN UK
HOPE TO HEARING FROM YOU
MANY THANKS[/quote]

[JOHFR2014]

Good evening to all members , please I need your candid advice.
MY QUESTION IS , IS LEGAL STAY STILL INTACT F0R THE PURPOSE OF 10 YEARS LONG RESIDENCE APPLICATION?
MY IMMIGRATION HISTORY ARE AS FOLLOWS
ENTER UK IN MAY 2005 AS STUDENT
RENEWED STUDENT VISA/POST STUDY VISA UP TILL JULY 2013
WIFE ENTERED UK 2006
2 CHILDREN ENTERED UK 2007
APPLIED FOR FLR(0) 2013 BEFORE LEAVE EXPIRED
FLR(0) APPLICATION REFUSED WITH APPEAL RIGHT
FIRST TIER TRIBUNAL DISMISSED THE APPEAL 2014
APPLIED TO UPPER TRIBUNAL BUT WITHDREW AND FILED FLR(FP) THE SAME DAY
NEW FLR(FP) REFUSED WITHOUT APPEAL RIGHT
PAP WAS SENT WITHIN 28 DAYS OF RECEIVING THE REFUSAL LETTER
JUDCIIAL REVIEW WAS SENT LATER AFTER HOME OFFICE REPLIED THAT THEY MAINTAINED THEIR STANCE
JUDICIAL REVIEW WAS WITHDREW AFTER CONSENT ORDER WHICH RESULT INTO THREE MONTHS RECONSIDERATION OF MY CASE BY HOME OFFICE
RECONSIDERATION RESULTED INTO REFUSAL LETTER WITH APPEAL RIGHT
APPEAL ALLOWED BY FIRST TIER JUDGE
PRESENTLY WAITING IN CASE HOME OFFICE APPEAL TO UPPER TRIBUNAL AND THIS IS MY 11TH YEAR IN UK
HOPE TO HEARING FROM YOU
MANY THANKS

[robertholdon]

Hi All,

Just wondering whether there's a spreadsheet for timeline for this application?

Thank you

[fahadii123]

You will need to complete the premium service request form as well as the payment form and send them via email to premiumupgrade@homeoffice.gsi.gov.uk. These forms can be downloaded from https://www.gov.uk/government/publicati ... quest-form

The UKVI will take the payment using the card details provided on the form. Once the payment is successfully taken, the UKVI will send an email confirmation and process the application.

Regards
Fahadii

dear fahadii 123

Thank you for your response and updating me about premium service, about Gap my dates are visa expire 12 Oct 2016, came here in UK 14 th Dec 2006 but we can apply 28 days before so I have book appointment at premium service but I m confused as I mention in my previous statement I don't know what's the procedure to vary application at the premium service
do you have information please advise
thank you
Regards
Mrs amakhtar

[/quote][/quote]

[amakhtar]

dear fahadii 123

Thank you for your response and updating me about premium service, about Gap my dates are visa expire 12 Oct 2016, came here in UK 14 th Dec 2006 but we can apply 28 days before so I have book appointment at premium service but I m confused as I mention in my previous statement I don't know what's the procedure to vary application at the premium service
do you have information please advise
thank you
Regards
Mrs amakhtar

quote="fahadii123"]Hi Amakhtar
I'm on the same boat as you. Came UK Jan'07, eligible for ILR in Dec but current visa expires in Nov. I've read countless posts where people have had very similar situation to us and especially some recent ones where they've applied for the FLR fp first and then varied it for premium ILR. They've got their visa successfully too but premium service isn't that "premium" in our case. We may have to wait for a few weeks even after the premium appointment as our passports won't be with the ILR department at time of varying. This may delay the process by 2-3 weeks though.

Btw, how many days of a gap day you have?

Keep in touch here or pm me and we can help each other through the process

hi there

I need advise for few issues I would be thankful if members please help me with it

i came to uk in DEC 2006 on student dependant my husband is British national now currently i have applied FLR FP as my visa was run out in mid of Oct 2016 and we can apply for ILR LR 10 years ROUTE 28 days before we eligible it is in Nov 2016, to buy some time I've applied FLR FP pending decision and i have't done my biometric yet, i wanted to vary my application and i wanted to go to premium service for ILR LR, now i m confused that as i don't know either they will accept my ILR application on premium counter coz one of my application FLR FP is already in process with them , can respected members advise me what's the process to vary and can i apply through premium service as i m really scared for postal application coz one of my family friend she had apply two application one an other and they kept the passport for 2 and 34 months in between that duration she was unable to travel it was really frustrating,
its humble request please advise me the best of your knowledge

thank you

kind regards

Mrs.Amakhtar

[/quote]

[fahadii123]

Hi Amakhtar
I'm on the same boat as you. Came UK Jan'07, eligible for ILR in Dec but current visa expires in Nov. I've read countless posts where people have had very similar situation to us and especially some recent ones where they've applied for the FLR fp first and then varied it for premium ILR. They've got their visa successfully too but premium service isn't that "premium" in our case. We may have to wait for a few weeks even after the premium appointment as our passports won't be with the ILR department at time of varying. This may delay the process by 2-3 weeks though.

Btw, how many days of a gap day you have?

Keep in touch here or pm me and we can help each other through the process

hi there

I need advise for few issues I would be thankful if members please help me with it

i came to uk in DEC 2006 on student dependant my husband is British national now currently i have applied FLR FP as my visa was run out in mid of Oct 2016 and we can apply for ILR LR 10 years ROUTE 28 days before we eligible it is in Nov 2016, to buy some time I've applied FLR FP pending decision and i have't done my biometric yet, i wanted to vary my application and i wanted to go to premium service for ILR LR, now i m confused that as i don't know either they will accept my ILR application on premium counter coz one of my application FLR FP is already in process with them , can respected members advise me what's the process to vary and can i apply through premium service as i m really scared for postal application coz one of my family friend she had apply two application one an other and they kept the passport for 2 and 34 months in between that duration she was unable to travel it was really frustrating,
its humble request please advise me the best of your knowledge

thank you

kind regards

Mrs.Amakhtar

[amakhtar]

hi there

I need advise for few issues I would be thankful if members please help me with it

i came to uk in DEC 2006 on student dependant my husband is British national now currently i have applied FLR FP as my visa was run out in mid of Oct 2016 and we can apply for ILR LR 10 years ROUTE 28 days before we eligible it is in Nov 2016, to buy some time I've applied FLR FP pending decision and i have't done my biometric yet, i wanted to vary my application and i wanted to go to premium service for ILR LR, now i m confused that as i don't know either they will accept my ILR application on premium counter coz one of my application FLR FP is already in process with them , can respected members advise me what's the process to vary and can i apply through premium service as i m really scared for postal application coz one of my family friend she had apply two application one an other and they kept the passport for 2 and 34 months in between that duration she was unable to travel it was really frustrating,
its humble request please advise me the best of your knowledge

thank you

kind regards

Mrs.Amakhtar

[Mas26]

Hey Guys, I'm originally from Japan and have been studying on a tier 4 visa since 2002, completed all my academic qualification up to my bachelors since then and currently doing my masters. So I have been living here for 14 years now which means I qualify but I have a few question I was hoping one of you might have the answer to.

Firstly, do immigration count the 10 years that is the closest from the application date?
Because if it was from 2002 I'd be screwed as my parents still live in japan so I go back 2-3 times a year, so I would be over the 500 days of absence limit.

Secondary, I had taken a Gap Year in between my A level and my undergraduate degree. Would this no longer count as a continuously residing in the UK for 10 year? In my Gap Year I did make sure to come back so there were no longer than 150 days of absent from the uk at a time.

Third and finally, if it does not count as continuous resident as a result of my Gap Year what kind of compassionate reasons do immigration take into account? Would they take into account that my life as I know it is living here and that everyone I know is from here i.e. social life as I have been in the UK since I was 9 years olds and the fact that I have complete every academic qualification in the UK at a national level since 9.

Sorry for the essay guys! Thanks for the help/suggestions in advance!

[raj5555]

true but what if it includes a family emergency and restricting use of passport as the court required it?

all this triggered by a death of family member 11 months ago...

[Wanderer]

A litigation matter is hardly compassionate.

[raj5555]

Hi guys

i applied for 10 year long residency based ILR via premium appointment and it got refused 10 days ago. the application was in discretion as i have broken both the continuous residency requirements - over 180 days in one go and 648 days absences in total. I did have compassionate reasons (litigation matter in home country) and had to wait for TB test results for 9 weeks due to my medical history (twice in 10 years) which added 112 days to the total.

i understand the case worker has the right to apply their discretion but i supplied all the evidences including my medical records, legal papers etc. and also my partners ILR approval but the refusal was still based on ties with home country and caseworker not convinced with my situation, although the fact is that i couldnt apply for a UK visa until i had my TB test results hence i had to wait for 3 months (twice) inorder to get the UK and comply with the home office rules.

my lawyer says i should re-apply as appeal could be rejected based on my case not being met lawfully. Other lawyers i have consulted say i should appeal as a judge could understand my situation better.

can anyone share their experience and advise what could be a better next step? my right to appeal end on thursday next week so i need to make a decision by tuesday max.

thanks for you help.!

Raj

[CCLemon]

I really enjoyed reading through this forum when I was working on my application. As I just received my ILR BRP today , I thought I'd share my timeline to put people who might be anxious at ease.

Mind, mine was a straightforward case.
3 years T4 dependant, 2 years T1 dependant, 4 years T4, 1 year T2
(no breaks between any visa + absence was under the limit)

I only submitted what was asked and nothing more (i.e. no cover letter, absence spreadsheet, etc):
1) SET(LR) form
2) all passports (current & expired ones)
3) Current BRP
4) LitUK certificate (done in July 2016)
5) Degree certificate (for language requirement)
6) all P60 from current employment

Long residence period completion date: 23rd Aug 2016
Postal application sent: 4th Aug 2016 (Early application - within 28 days before completing)
Payment went through + confirmation e-mail: 10th Aug 2016
BRP letter received: 12th Aug 2016
BRP done: 15th Aug 2016

...then let the waiting game commence...

I was quite happy with the monthly "update" e-mails from UKVI - got one on 12th Sep and another on 10th Oct. Despite so, I did panic quite a bit during the wait.

BRP received via DX Delivery: 19th Oct 2016
All docs received via standard Royal Mail: 20th Oct 2016

Total time: 77 days (or 11 weeks or 2.5 months)

Hope this helps!
Good luck to anyone who will be applying!!