Long residence - short of a couple of months

[gameover_786]

Hi Guys,

I am in the same situation or even worse. My Current leave will expire on the 8th December 2015 and my 10th anniversary in the UK is on the 16th of Feb 2016. So i am falling of 70 days short. I will apply on the last day of my leave expires and will try some delaying tactics. I have to apply for my wife’s visa too on FLR(M) at the same time too which i am planning to do so by writing a covering latter to hold her application until a decision has been made on my application.
I have heard that HO is not taking too long to process the application now days. Anyone here who has recently granted ILR in similar situation as mine? Please share your experience.
I would request senior members to give their suggestions in the light of new rules.
Many thanks for your help.

[gameover_786]

Hi Guys,

I have contacted a Solictor to get some answers regarding my case. Please see the reply below:

"Thank you for your query. Applications received more than 28 days before completing the qualifying period must be refused. If you reached the 10-year lawful residence period before refusal, you could make an application to vary the outstanding application and consequently make it good (essentially by making a fresh application). If your application is refused before you get to ten years’ lawful residence, provided your application is valid and made in time, i.e. before the expiry of your leave, you would be given a right of appeal. If your application was made in time then your leave would have been extended by virtue of section 3C of the Immigration Act 1971 and you would have lawful residence during this period which could be counted towards the lawful Long Residence. However, once refused, you could not make any fresh application or application to vary the original application during any period in which an appeal could be brought. You would therefore need to wait until the expiry of your appeal deadline before making any fresh application and you would then, of course, be applying out of time. Applying less than 28 days out of time would not jeopardise your application but you would be an overstayer whilst your application is outstanding and would not have a right of appeal in the event of refusal. It is a high-risk strategy where timing is key but it is possible."

I would like to hear from some one in my situation.

Many thanks

[gameover_786]

I think nobody on this forum is in my situation or want to share their experience. Anyways I am still trying to figure out if i would be able to buy some time to be eligible for 10 year ILR. I have contacted many solicitors and have received another reply from a solicitor which is interesting and worth sharing.

"You need to hire a Solicitor for your case, you need to find a basis to get an extension such as could you be a dependant of your wife? You cannot be even 1 day short of the 10 year rule when you make the application".

I would appreciate if someone could help me in this regard.

Many thanks

[vinny]

Options. Did you try searching the board?

[Obie]

I think nobody on this forum is in my situation or want to share their experience. Anyways I am still trying to figure out if i would be able to buy some time to be eligible for 10 year ILR. I have contacted many solicitors and have received another reply from a solicitor which is interesting and worth sharing.

"You need to hire a Solicitor for your case, you need to find a basis to get an extension such as could you be a dependant of your wife? You cannot be even 1 day short of the 10 year rule when you make the application".

I would appreciate if someone could help me in this regard.

Many thanks

I concur with VInny that certain individuals have applied few months early and succeeded. However this appears to be at variance with the published policy.

Furthermore, there is presently the surcharge for FLR(FP) which you could make and then vary to ILR.

I suppose once you vary to ILR, 28 days prior to your qualifying period, and then the ILR succeed, you may have a strong case, that the Surcharge fee should be reimbursed.

[gameover_786]

Options. Did you try searching the board?

Thank you Vinny. The link you provided is for all the applications made in 2014 and prior i am trying to see if any one after the new rules has tried the same?

[gameover_786]

I think nobody on this forum is in my situation or want to share their experience. Anyways I am still trying to figure out if i would be able to buy some time to be eligible for 10 year ILR. I have contacted many solicitors and have received another reply from a solicitor which is interesting and worth sharing.

"You need to hire a Solicitor for your case, you need to find a basis to get an extension such as could you be a dependant of your wife? You cannot be even 1 day short of the 10 year rule when you make the application".

I would appreciate if someone could help me in this regard.

Many thanks

I concur with VInny that certain individuals have applied few months early and succeeded. However this appears to be at variance with the published policy.

Furthermore, there is presently the surcharge for FLR(FP) which you could make and then vary to ILR.

I suppose once you vary to ILR, 28 days prior to your qualifying period, and then the ILR succeed, you may have a strong case, that the Surcharge fee should be reimbursed.

Thanks Obie, My plan is to apply for FLR(FP) and then vary but not too sure about the medical surcharge weather it is refundable if you vary your application. Also i have to apply for my wife's extansion and i am not too sure which form i should use for her ?

[tajammul77]

hi guys

I am in the same situation. it will be highly appreciated if someone could give me a good advice. my 10 years will be completed in Dec 2015 but my visa is expiring on 23 May. i dont know how to fill this gap.

Thanks
Taj

[gameover_786]

hi guys

I am in the same situation. it will be highly appreciated if someone could give me a good advice. my 10 years will be completed in Dec 2015 but my visa is expiring on 23 May. i dont know how to fill this gap.

Thanks
Taj

Hi tajammul,

I am not an expert but your gap is almost 6 month and for that i don't think you can fill the gap without applying for an extension. You can try delaying tactics if you have a gap of about 2 months or so.
In my last visa extension as tier 2 general i was able to delay a decision on my application for almost 3 months. Don't know you can do it now a day? I received 3 bio metric invitations before i enrolled on the 4th.

Could any senior member please guide here if HO now a day send more than one bio metric enrolment invites before sending the application back as invalid?
Many thanks

[Zee ali]

hi guys

I am in the same situation. it will be highly appreciated if someone could give me a good advice. my 10 years will be completed in Dec 2015 but my visa is expiring on 23 May. i dont know how to fill this gap.

Thanks
Taj

Before expiry of your current visa. Apply flr fp visa. Family and private life. Delay bio u can spend 2 to 3 months. When refuse appeal in time and u can spend rest of the time in appeal process without breaking your continuity (section 3c will cover u).

[Ali0009]

01

[Ali0009]

hi guys

I am in the same situation. it will be highly appreciated if someone could give me a good advice. my 10 years will be completed in Dec 2015 but my visa is expiring on 23 May. i dont know how to fill this gap.

Thanks
Taj

Before expiry of your current visa. Apply flr fp visa. Family and private life. Delay bio u can spend 2 to 3 months. When refuse appeal in time and u can spend rest of the time in appeal process without breaking your continuity (section 3c will cover u).

In that case if you have a gap of 6 / 7 Months and to cover the same if you apply for FLR FP will HO give you the appeal right? as new rules changed

CHANGES TO APPEAL RIGHTS

From 2 March 2015 – full appeal rights under the Points Based System are being ended.

From 6 April 2015 – full rights of appeal for all ‘legitimate’ migrants (under the immigration rules) will end.

[tajammul77]

hi guys

I am in the same situation. it will be highly appreciated if someone could give me a good advice. my 10 years will be completed in Dec 2015 but my visa is expiring on 23 May. i dont know how to fill this gap.

Thanks
Taj

Before expiry of your current visa. Apply flr fp visa. Family and private life. Delay bio u can spend 2 to 3 months. When refuse appeal in time and u can spend rest of the time in appeal process without breaking your continuity (section 3c will cover u).

Thanks Zee ali for your reply. AS A0009 mentioned, will I get appeal right if flr fp is refused?

[Zee ali]

hi guys

I am in the same situation. it will be highly appreciated if someone could give me a good advice. my 10 years will be completed in Dec 2015 but my visa is expiring on 23 May. i dont know how to fill this gap.

Thanks
Taj

Before expiry of your current visa. Apply flr fp visa. Family and private life. Delay bio u can spend 2 to 3 months. When refuse appeal in time and u can spend rest of the time in appeal process without breaking your continuity (section 3c will cover u).

Thanks Zee ali for your reply. AS A0009 mentioned, will I get appeal right if flr fp is refused?

Appeal rights still exist for human rights application (flr fp), asylum and for visa curtailment issues

Moderators can help u more on this

[gameover_786]

"Before expiry of your current visa. Apply flr fp visa. Family and private life. Delay bio u can spend 2 to 3 months. When refuse appeal in time and u can spend rest of the time in appeal process without breaking your continuity (section 3c will cover u)"

Hi Zee,

Can we still delay Bio for 2 to 3 months?

[Zee ali]

"Before expiry of your current visa. Apply flr fp visa. Family and private life. Delay bio u can spend 2 to 3 months. When refuse appeal in time and u can spend rest of the time in appeal process without breaking your continuity (section 3c will cover u)"

Hi Zee,

Can we still delay Bio for 2 to 3 months?

Not a good idea like u said u ignore 3 bio letters and gave bio on 4th one in the past (tier 2 application).

HO wont be happy this time specially when flr fp application involve and they know u r after 10 years.

U can miss 1 but that is entire your decision. If they send u 2nd and u never receive it or some other issues than application invalid and 10 year Ilr hope over.

Best to drag it further in appeal process than bio.

[tajammul77]

"Before expiry of your current visa. Apply flr fp visa. Family and private life. Delay bio u can spend 2 to 3 months. When refuse appeal in time and u can spend rest of the time in appeal process without breaking your continuity (section 3c will cover u)"

Hi Zee,

Can we still delay Bio for 2 to 3 months?

Not a good idea like u said u ignore 3 bio letters and gave bio on 4th one in the past (tier 2 application).

HO wont be happy this time specially when flr fp application involve and they know u r after 10 years.

U can miss 1 but that is entire your decision. If they send u 2nd and u never receive it or some other issues than application invalid and 10 year Ilr hope over.

Best to drag it further in appeal process than bio.

Hi Zee

i spoke to one solicitor, he says if u apply on set(o) ILR 10 year basis,they will refuse in 3, 4 months but with the right of appeal.
wot u say mate

[Zee ali]

"Before expiry of your current visa. Apply flr fp visa. Family and private life. Delay bio u can spend 2 to 3 months. When refuse appeal in time and u can spend rest of the time in appeal process without breaking your continuity (section 3c will cover u)"

Hi Zee,

Can we still delay Bio for 2 to 3 months?

Not a good idea like u said u ignore 3 bio letters and gave bio on 4th one in the past (tier 2 application).

HO wont be happy this time specially when flr fp application involve and they know u r after 10 years.

U can miss 1 but that is entire your decision. If they send u 2nd and u never receive it or some other issues than application invalid and 10 year Ilr hope over.

Set o is the wrong form. Right form is set lr.

yes u can try that but fees is 1500 as compare to flr fp 649 and 500 nhs surcharge. Set lr applications r taking less time these days may be 2 months.



Best to drag it further in appeal process than bio.

Hi Zee

i spoke to one solicitor, he says if u apply on set(o) ILR 10 year basis,they will refuse in 3, 4 months but with the right of appeal.
wot u say mate

[tajammul77]

Thank you so much Zee for ur reply. i was very confused but u solved my prob. one last thing, wot u personally suggest going for flr fp or set lr?

[Zee ali]

Thank you so much Zee for ur reply. i was very confused but u solved my prob. one last thing, wot u personally suggest going for flr fp or set lr?

No comments

[gameover_786]

Thank you so much Zee for ur reply. i was very confused but u solved my prob. one last thing, wot u personally suggest going for flr fp or set lr?

Hi Tajammul,

That is your own decision but whatever you decide plz don't forget to share with us and hopefully you would be able to cover your gap.

[Ali0009]

Thank you so much Zee for ur reply. i was very confused but u solved my prob. one last thing, wot u personally suggest going for flr fp or set lr?

No comments

Thanks Zee Ali,

I have a situation here if you could plz help?
I have a friend he is short of 13 months to ILR from now. He managed to get a CAS letter and applied for a student visa in August 2014 which was refused. He appealed in time and won the appeal on 1st week of March 2015, since then he is waiting for his visa from UKBA. On the other side his course is going to end in August 2015. The college did'nt allow him to attend the classes as they said you need to get the visa first but also they said we will give you a CAS letter to reapply for the same course for September 2015 Intake. He never overstayed in UK. I have couple of questions/options.

1) Can he gets a fresh CAS letter and reapply? or just attach new CAS with a covering letter as his application is still pending?

2) In case if he applies as a fresh applicant, he won't get the appeal right also the course starting date is in September 2015 which is more then 3 months from now, (28 days rule). What will be his position? he has to wait for the pending case to be decided? or else?

3) Should he wait for the pending application to be decided, in case if refused again. Can he appeal again or can he apply for FLR (FP) to complete the remaining 13 months for ILR?

I will be very much thankful for your time and help.

Thanks and Regards

[gameover_786]

Any one like to share their views on this post?

[gameover_786]

hi guys

I am in the same situation. it will be highly appreciated if someone could give me a good advice. my 10 years will be completed in Dec 2015 but my visa is expiring on 23 May. i dont know how to fill this gap.

Thanks
Taj

So Tajammul your visa has expired as per your post what option did you choose? Please share with us here to help others.

Many thanks

[tajammul77]

hi guys

I am in the same situation. it will be highly appreciated if someone could give me a good advice. my 10 years will be completed in Dec 2015 but my visa is expiring on 23 May. i dont know how to fill this gap.

Thanks
Taj

So Tajammul your visa has expired as per your post what option did you choose? Please share with us here to help others.

Many thanks

I have applied for flr fp through solicitor. solicitor said i will get appeal right but its 50, 50. let c wot happens