10 years long residence applications

Hi All

Here is my timeline

Applied: 14/09/2012
Ack: 18/09/ 2012
Biometrics done: 29/11/2012
Approval: 26/04/2013
Documents and Passport Rcvd: 29/04/2013
BRP: Waiting

Please, feel free to add my timeline to the spreadsheet
For the purpose of sharing info, I didn't send any email or fax, just one recorded letter to stress that six months had passed and I had not yet received any response.
I have appreciated inputs of everyone in this forum especially Damanisshallo et al. I gotta say, this forum gave me comfort and strength during the long wait.
Good luck to all who are waiting .
Thanks

nats wrote:Yes, it was just before the 6th April. We posted it on 5th April with Saturday (6th April) guaranteed delivery for extra £3 but they delivered on Monday 8th April coz of UKBA closure due to strike. But anyway they consider postal date so fingers crossed I hope it turns out well after so much expense, wait n pray.

elcanja wrote: I've seen you sent your SET(M) already as well.. Was it just before the 6th? Best of luck with that!

[/quote

Hi, just wanted to ask if you have heard anything after the acknowledgement. They seem to be quick in sending bio letters out, but I have not yet received one. Good luck to us

applied 25th august
called ukba today........ you all know the answer "APPLICATION NOT COMPLETED, YOU WILL HAVE TO WAIT"

Hi
I received my ILR approval letter today which was posted on 24th April,2013.
and am waiting for my biometric card.

Set O application sent 17th August,2012
Biometrics done 11th Dec,2012
ILR approval received 29th April,2013

Good luck for every one

Dear Friends,

I would appreciate if someone can please answer my query. I have been in UK continuously from last 12 years legally. I want to apply for ILR under 10 years long residency rules. I have a problem and looking to get an advice that in 2006 i just overlooked my extension date and was 20 days late in applying for FLR. Although I was with in UK but there was a 20 days period without visa.

Can anybody please advise me if I am eligible to apply under 10 years long residency rule? And under what rules I can be exempted to that 20 days period of without visa?

An early respond would be highly appreciated and life saving for me.

Kind Regards

Shaz [/b]

Damanisshallo wrote:

amohammedzia wrote:IS LIFE IN UK TEST IS NOT ENGLISH TEST AS APPLICANT PASS LIFE IN UK TEST BUT DON'T HAVE ANY ENGLISH TEST

IS IT MANDATORY ENGLISH TEST AS I DID NOT HAVE ENOUGH DAYS TO GET ENGLISH CERTIFICATE COULD YOU PLEASE ADVICE ANY OTHER ALTERNATE

AS SHE ARRIVED IN UK IN OCT 2009 IS SHE CAN GET EXCEPTION FROM ENGLISH TEST

COULD YOU PLEASE ADVICE ME
THANKS

First thing first, you don't really need to shout on public forums. Second, the below is only applicable until 28 October 2013.

UKBA wrote:How do I demonstrate my knowledge of language and life in the UK?
If you are not exempt from the KOL requirement, you must demonstrate a good knowledge of language and life in the UK before you apply for settlement. Most applicants will need to do this by:

passing the 'Life in the UK' test, if they speak English to a reasonable standard, or if they are currently in the UK as skilled or highly skilled migrants; or
taking and passing a course in English and citizenship, if they do not speak English.

Thank you very much for advice ...
you been very helpful
and sorry.

shahzad001 wrote:Dear Friends,

I would appreciate if someone can please answer my query. I have been in UK continuously from last 12 years legally. I want to apply for ILR under 10 years long residency rules. I have a problem and looking to get an advice that in 2006 i just overlooked my extension date and was 20 days late in applying for FLR. Although I was with in UK but there was a 20 days period without visa.

Can anybody please advise me if I am eligible to apply under 10 years long residency rule? And under what rules I can be exempted to that 20 days period of without visa?

An early respond would be highly appreciated and life saving for me.

Kind Regards

Shaz [/b]

@ Shaz,

Its pity that you over looked your extension in 2006. This technically stopped your clock in the country and restarted it from the day you submitted you application after 20 days.

If you apply for

"Indefinite Leave to Remain on the grounds of long residence, it will be refused as you will fail to meet the requirements of the Immigration Rules under Paragraph 276D with reference to Paragraph 276B(i)(a) of HC395 (as amended)".

Which application did you file after that 20 days gap?

Many thanks for your reply.

I did applied for student extension and got this successfully. Any provision or any rules I can apply under this rule .... please please help.

Many thanks

Shaz

shahzad001 wrote:Many thanks for your reply.

I did applied for student extension and got this successfully. Any provision or any rules I can apply under this rule .... please please help.

Many thanks

Shaz

You were granted student visa:

This was because the Immigration Rules for LTR in that capacity(student) did not require that applicants have extant leave at the time of application. Further in your case, as you were granted F'LR in the capacity of student, it should be noted that this is a category that does not of itself lead to settlement. It should not therefore, be inferred that as leave was subsequently granted in your case that this raises an exception that any future application on the basis of long residence would see the requirement to have spent a period of 10 years lawful continuous residence in the UK waived.

When considering an application for ILR on the basis of length of residence, the Secretary of State should be satisfied that the applicant has acted lawfully throughout the entire period and has made every attempt to comply with the immigration rules.

If an applicant has a single short gap in lawful residence through making one single previous application out of time by a few days (not usually more than 10 calendar days out of time), discretion can be exercised, ILR, so long as the application meets all the other requirements.

You only have got 2 options:

1) You were hospitalized in those 20 days.
2) There was a postal strike.

in your case it was not an error by UKBA.

Its debatable but in the court not with the case worker.

@ shahzad001,

Get your SAR file.

shahzad001 wrote:I would appreciate if someone can please answer my query. I have been in UK continuously from last 12 years legally. I want to apply for ILR under 10 years long residency rules. I have a problem and looking to get an advice that in 2006 i just overlooked my extension date and was 20 days late in applying for FLR. Although I was with in UK but there was a 20 days period without visa.

Can anybody please advise me if I am eligible to apply under 10 years long residency rule? And under what rules I can be exempted to that 20 days period of without visa?

I think you should be fine. Earlier this wasn't possible as your gap was more than 10 days. However, the rules have recently changed and your continuous stay is not broken if your gap doesn't exceeds 28 days. Please refer to the below.

Guidance – Long residence and private life @ Page 18 wrote:Gap(s) in lawful residence
You may grant the application if an applicant:

 has short gaps in lawful residence through making previous applications out of time by no more than 28 calendar das, and

 meets all the other requirements for lawful residence.You can use your judgement and use discretion in cases where there may be exceptional reasons why a single application was made more than 28 days out of time.

@ shahzad001,

First get your SAR file to see whether this said gap reflects in your file.

I have seen a case where there was a gap of more than 2 months and ILR was granted within immigration rules.

All depends on who is dealing with your application?

Just want some feedbacks and ideas . I am an august applicant still waiting a decision. Most of june , july are still waiting . Ukba process time of applications is within six months. Most of us are waiting over that period of time . It is difficult to sue ukba and long process . According to the law ,are they responsible for not meeting their deadline? are they obliged to process applications within six months ? Can we make them responsible that they did not deliver ?

They must deliver decisions within 6 months but they are not obliged, are they?

Izno wrote:Just want some feedbacks and ideas . I am an august applicant still waiting a decision. Most of june , july are still waiting . Ukba process time of applications is within six months. Most of us are waiting over that period of time . It is difficult to sue ukba and long process . According to the law , they responsible for not meeting their deadline? are they obliged to process applications within six months ? Can we make them responsible that they did not deliver ?

They have not made a promise. The public service needs tangible targets so that they have something to work toward. Their aim is not "as much money as possible" or "maximise the shareholders' wealth." The 6 months happens to be one of those targets. Those targets are also the promise the home office makes to ministers.

As some ministers say, the longer they stay here the more difficult it becomes to remove them from the country. The decisions within the targets could lead to the removal of more people and allow legitimate applicants to get on with their lives.

I understand your frustration and we have good days and bad days. Some days I am thinking when I can get into the labour market, I am just wasting my time here doing manual/repetitive part-time work. And I do become desperate. Looking at the bank statements makes me more desperate as well. Some days, I just think it takes how long it takes. I just have to wait.

adkh2_1 wrote:Hi Guys,

i received my BRP today after receiving all the documents on the sat...

finally i can move on with my life.

Thanks for all the members of this forum... good luck to all who are waiting for theirs.


Thanks

Your timeline please

Joyous2013 wrote:I got my ILR on 10 years basis on 25 April and the BRP on 26 April. I will be applying for FLR M for my husband who has been on a work permit dependent visa. He joined me in February 2012 together with my two step sons. The older son is now over 18 but the younger one is 14

However Im not sure which forms to use for the two sons . Please help

Your timeline as-well please

any update from ASIF?

Any July applicant still waiting

BEING A LONG WAIT , THANKS TO GOD AND SUPPORT FROM PEOPLE AT THIS FORUM
MY TIME LINE IS

APPLICATION SENT : 08/09/2012
APPLICATION RECIEVED: 11/09/2012
BIO METRIC INVITATION : 10/11/2012
BIOMETRIC ENROLLED : 14/11/2012
ILR APPROVED DATE: 21/04/2013----(SUNDAY)
PASSPORT AND BIOMETRIC RECIVED :23/02/2013

[quote="shahzad001"]Dear Friends,

I would appreciate if someone can please answer my query. I have been in UK continuously from last 12 years legally. I want to apply for ILR under 10 years long residency rules. I have a problem and looking to get an advice that in 2006 i just overlooked my extension date and was 20 days late in applying for FLR. Although I was with in UK but there was a 20 days period without visa.

Can anybody please advise me if I am eligible to apply under 10 years long residency rule? And under what rules I can be exempted to that 20 days period of without visa?

An early respond would be highly appreciated and life saving for me.

Kind Regards

Hi Shahzad dont worry you will be fine just send a good covering letter i know many cases where there was gap in leaves but ILR was granted and aslo Dhamansshalo is right acording to new rules less than 28 days gap can be overlooked dont be depressed cheer up u will get ILR soon Inshallah