10 years long residence applications

suzuka23 · Post by **suzuka23** » Wed Aug 14, 2013 1:36 pm

I applied because of this!!!!

Section 3C extends leave when a person with leave to enter or remain makes an in-time application. That is one made before their leave expires, but one in which their leave expires before a decision on that application is reached. If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C only applies to in-time applications.

john100v · Post by **john100v** » Wed Aug 14, 2013 1:43 pm

suzuka23 wrote:I applied because of this!!!!

Section 3C extends leave when a person with leave to enter or remain makes an in-time application. That is one made before their leave expires, but one in which their leave expires before a decision on that application is reached. If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C only applies to in-time applications.

You left the country without a valid leave to remain (3C is not a valid leave to remain, it is a temporary leave to remain), unfortunately that was reason for your rejection. If you would have stayed then and made an in country application on time, then your 3C is valid.

jony_dhaka · Post by **jony_dhaka** » Wed Aug 14, 2013 1:53 pm

I am agree with john . Oh God ! why did went back to your country on the 07/04/09 suzuka ? Was it not possible for you to apply for your Tier 2 visa from inside uk ?

john100v wrote:
suzuka23 wrote:I applied because of this!!!!

Section 3C extends leave when a person with leave to enter or remain makes an in-time application. That is one made before their leave expires, but one in which their leave expires before a decision on that application is reached. If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C only applies to in-time applications.
You left the country without a valid leave to remain (3C is not a valid leave to remain, it is a temporary leave to remain), unfortunately that was reason for your rejection. If you would have stayed then and made an in country application on time, then your 3C is valid.

Damanisshallo · Post by **Damanisshallo** » Wed Aug 14, 2013 2:04 pm

suzuka23 wrote:No I didn't appeal because I got a job and they were willing to sponsor me so I went back to my country on the 07/04/09 and got my Tier 2 visa on the 12/05/09. So is this what they considered a break in lawful stay? despite having a right to appeal valid until the 24/04/09. I was hoping they would use discretionary case and study case by case but that is not the case

Section 3C & 3D leave by virtue gets abandoned when the appellant travels out of the UK.

Section 3C & 3D Page 5 wrote:An appeal is abandoned if the appellant is granted leave to enter or remain in the UK or if he leaves the UK

suzuka23 · Post by **suzuka23** » Wed Aug 14, 2013 2:16 pm

All makes sense now. I will apply in June as it will be 5 years working in the UK and this time going to PEO in person so no more waiting for months and months.
Best of luck to everyone waiting and thank you for the support

MALIK_KHAN · Post by **MALIK_KHAN** » Wed Aug 14, 2013 2:19 pm

Hi Damanisshallo & to all senior members

i am going to apply for SET(LR) now , shall i write a covering letter explaining about all the visas issued to me i mean time of my every application and then date when it was issued and also the holidays i had, shall i write all this in a covering letter in a table form and place it on top of my application?? your advice plz.

Thanks as always

die_hard · Post by **die_hard** » Wed Aug 14, 2013 2:49 pm

Hi Damanisshallo,

I have been following this forum for long time but have recently joined.

I have a question for you as you are senior and most experienced member on this forum.

I will be eligible for 10 years ILR (LR) next year, Sept 2014 (5 years - student, 2 years - PSW and 3 years - Tier 2 General). At the moment, I am on tier 2 general.

My wife joined me as PSW dependent in July 2011. I changed to Tier 2 general in Sept 2011 and my wife also changed as my dependent. She will be completing two years as my Tier 2 general dependent in Sept 2013, hence would be eligible to apply for FLR (M) (based on new rules) next year when I make my ILR application.

My questions is; as my wife is now working, if she goes on Tier 2 General on her own right after September 2013, will she still be eligible to apply for FLR(M) at the time when I apply for ILR next year ? She would have completed 2 years as my dependent in Sept 2013 and then apply for Tier 2 General on her own. So when at the time of me applying for ILR (LR) she wouldn't be my dependent but would have already finished 2 years as my dependent earlier.

I would be very thankful to you if you can address my this query.
Best regards

R556 · Post by **R556** » Wed Aug 14, 2013 3:14 pm

If UKBA treats variation (SETO) of previous application (FLRO) as a fresh application and withdraw the previous application then 3C will be broken? and will it affect over the fresh application I meant when they will look at fresh application will they consider it invalid? As the guidance notes say “a fresh application cannot be made if 3C is running”

Will be grateful if senior member help here

Damanisshallo · Post by **Damanisshallo** » Wed Aug 14, 2013 3:28 pm

die_hard wrote:Hi Damanisshallo,

I have been following this forum for long time but have recently joined.

I have a question for you as you are senior and most experienced member on this forum.

I will be eligible for 10 years ILR (LR) next year, Sept 2014 (5 years - student, 2 years - PSW and 3 years - Tier 2 General). At the moment, I am on tier 2 general.

My wife joined me as PSW dependent in July 2011. I changed to Tier 2 general in Sept 2011 and my wife also changed as my dependent. She will be completing two years as my Tier 2 general dependent in Sept 2013, hence would be eligible to apply for FLR (M) (based on new rules) [This is wrong, She'd still be considered under Old rules as she's entered as your partner prior to 9 July 2012] next year when I make my ILR application.

My questions is; as my wife is now working, if she goes on Tier 2 General on her own right after September 2013, will she still be eligible to apply for FLR(M) at the time when I apply for ILR next year ? She would have completed 2 years as my dependent in Sept 2013 and then apply for Tier 2 General on her own. So when at the time of me applying for ILR (LR) she wouldn't be my dependent but would have already finished 2 years as my dependent earlier.

Not a good idea to switch her to Tier 2 in her own right. This way she'll have to complete 5 yrs before she can apply for settlement. On the other hand if she stays as your dependent she'd get her ILR as soon as you get yours. Please refer to this post to see how she can qualify.

I would be very thankful to you if you can address my this query.
Best regards

smileybee · Post by **smileybee** » Wed Aug 14, 2013 7:42 pm

saanju9 wrote:
smileybee wrote:I am going to apply for ILR in December.

I entered UK on 2nd of Jan 2004. My visa was issued in September 2003, just wonder does the 10 years period start from September or from the date I first enter UK?

http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/

your answer is under "Can I apply using this form?" - copy and past the above link

Also in Section 4 of form Set (LR), am I right to assume the documents are required if I have one or more missing passport? or do i require them to support my application?

It clearly states (under the third check box) "If you cannot provide them all"... here "all" referring to your passports... yes if you can't produce your previous passports...

Thirdly, everytime I leave UK there is no stamp from UK or the country I enter. I dont have boarding pass for the past 10 years. What should I do?

there should be a stamp from the country your entering however if you missed that... some of the above said docs might be relevant and an SAR might be in help (although not sure how it can help if none has recorded your out going)... could you be more explicit about your movements... try your flight tickets...emails, travel agents, or anything else just to get the dates and we can see what evidence we can provide to the HO

Thanks

Thanks Thanks. Just a bit concern as it did mention in the form to provide as much documents to support the application so was thinking should I still try to get as much documents as possible? as for the travel itinerary and flights and all, i only manage to get up to 8 years ago as previously was paper carbon copy ticket so its bearly impossible to have copy of it.

Benito · Post by **Benito** » Wed Aug 14, 2013 8:04 pm

All makes sense now. I will apply in June as it will be 5 years working in the UK and this time going to PEO in person so no more waiting for months and months.
Best of luck to everyone waiting and thank you for the support

Suzuka23, I am sorry to hear this sad news, hope you will get it eventually in June, Insallah, best of luck to you too!

MALIK_KHAN · Post by **MALIK_KHAN** » Wed Aug 14, 2013 8:06 pm

hi can someone plz give me link to Covering letter for SET(LR) i would really appreciate.thanks

ZEBRA · Post by **ZEBRA** » Wed Aug 14, 2013 8:36 pm

Hi everyone,

I applied my 10 yrs ilr in Mid March, now it's been over 5months waiting.
I hold student visa till Oct 2014, I finished all the papers in ACCA over 2 yrs, but have passed in 3 papers, I finished all my credits.
Now my college needs me to pay for the next semester which is due in September

My question is.

- Am I required to enrol in new semester? as I have already completed all the subject (but not passed yet).

- If I don't go to college will that affect my current application?
I will have to pay £1500 just to enrol in 15 hrs course (3 papers) which I think is just useless as I won't be studying once ILR is approved.

Please suggest me if anyone got any good solution to it.
Regards

itsarif · Post by **itsarif** » Thu Aug 15, 2013 3:42 am

Can anyone help me please with 2 Questions,

I am applying for ILR on the basis of 10 years. I have found the following check list of documents:

Application form set(lr) with 2 photos & fees,
All Passports & BRP,
Life in the uk test result.

Is there anything else do i need to send with my application?

I have all the entry & exit stamps on my passport except one stamp of entry into France. I had visa of france for 10 days & i went to Paris for 3 days. I dont know why they did not stamp it while entering into france. I came to know this when i came back home. I have entry stamps of uk immigration when i came back from france.
do i need to explain this in my application that the maximum days i could stay in France was 10 day( duration of my visa) but actually i stayed there for only 3 days.

Please anyone guide me with this.

Thanks,
Arif

members · Post by **members** » Thu Aug 15, 2013 6:40 am

Could someone tell me if one need to copy the whole passport and all pages of his/her SET(LR) application form when applying for ILR?

What are photocopying requirements when you send SET(LR) application form?

ppycrmt · Post by **ppycrmt** » Thu Aug 15, 2013 6:45 am

I didn't bother.

members wrote:Could someone tell me if one need to copy the whole passport and all pages of his/her SET(LR) application form when applying for ILR?

What are photocopying requirements when you send SET(LR) application form?

jony_dhaka · Post by **jony_dhaka** » Thu Aug 15, 2013 8:38 am

I applied 26/3/2013 by set (O) 10 year long residence

Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''

Thank you .

saanju9 · Post by **saanju9** » Thu Aug 15, 2013 8:40 am

smileybee wrote:
saanju9 wrote:
smileybee wrote:I am going to apply for ILR in December.

I entered UK on 2nd of Jan 2004. My visa was issued in September 2003, just wonder does the 10 years period start from September or from the date I first enter UK?

http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/

your answer is under "Can I apply using this form?" - copy and past the above link

Also in Section 4 of form Set (LR), am I right to assume the documents are required if I have one or more missing passport? or do i require them to support my application?

It clearly states (under the third check box) "If you cannot provide them all"... here "all" referring to your passports... yes if you can't produce your previous passports...

Thirdly, everytime I leave UK there is no stamp from UK or the country I enter. I dont have boarding pass for the past 10 years. What should I do?

there should be a stamp from the country your entering however if you missed that... some of the above said docs might be relevant and an SAR might be in help (although not sure how it can help if none has recorded your out going)... could you be more explicit about your movements... try your flight tickets...emails, travel agents, or anything else just to get the dates and we can see what evidence we can provide to the HO

Thanks

Thanks Thanks. Just a bit concern as it did mention in the form to provide as much documents to support the application so was thinking should I still try to get as much documents as possible? as for the travel itinerary and flights and all, i only manage to get up to 8 years ago as previously was paper carbon copy ticket so its bearly impossible to have copy of it.

Not necessary but in your case you don't have stamps... (are you sure - out of curiosity which country is that who don't put stamp on entry )... so it might be a good idea..

master_student · Post by **master_student** » Thu Aug 15, 2013 8:43 am

As far as I can remember was 28 days, for a firm answer probably you should ask your UKBA friends, or those who worked with them.

Anyway wish the best of luck,

jony_dhaka wrote:I applied 26/3/2013 by set (O) 10 year long residence

Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''

Thank you .

saanju9 · Post by **saanju9** » Thu Aug 15, 2013 8:46 am

MALIK_KHAN wrote:hi can someone plz give me link to Covering letter for SET(LR) i would really appreciate.thanks

See Damanishallo's signature for templates.. you can find them there

jony_dhaka · Post by **jony_dhaka** » Thu Aug 15, 2013 8:48 am

I did they said 28 days .i just wanted to be sure from people who applied in that time period .because it was 10 days overstay before long ago .(as far as i can remember )

Thanks anyway .

master_student wrote:As far as I can remember was 28 days, for a firm answer probably you should ask your UKBA friends, or those who worked with them.

Anyway wish the best of luck,

jony_dhaka wrote:I applied 26/3/2013 by set (O) 10 year long residence

Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''

Thank you .

Damanisshallo · Post by **Damanisshallo** » Thu Aug 15, 2013 8:57 am

jony_dhaka wrote:I applied 26/3/2013 by set (O) 10 year long residence

Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''

Please refer to Immigration rules archive between 13 Dec 2012 to 30 Jan 2013. I think this is when the rule was changed. Please look for the List of Immigration rules archives for further reading...you can also find this info in the Statement of Changes for November 2012

saanju9 · Post by **saanju9** » Thu Aug 15, 2013 9:02 am

ZEBRA wrote:Hi everyone,

I applied my 10 yrs ilr in Mid March, now it's been over 5months waiting.
I hold student visa till Oct 2014, I finished all the papers in ACCA over 2 yrs, but have passed in 3 papers, I finished all my credits.
Now my college needs me to pay for the next semester which is due in September

My question is.

- Am I required to enrol in new semester? as I have already completed all the subject (but not passed yet).

- If I don't go to college will that affect my current application?
I will have to pay £1500 just to enrol in 15 hrs course (3 papers) which I think is just useless as I won't be studying once ILR is approved.

Please suggest me if anyone got any good solution to it.
Regards

Its a tricky question

1. Good news is it won't affect your application

2. Are there any glitches in your ILR application... is it straight forward and clean. are u sure without a doubt your going to get it. Because if you get refused or something happens ...you might have a problem... although you can have a way out but its going to be hard and you might need to spend a bit more..

3. you can not get caught by Home Office on their random checks in the mean time...

I know its hard .. but I would suggest against it... however, if you're going to take that risk (it is very tiny if your application is straight forward)...than that's fine...Your already 5 months passed and you should get yours in a month or 2 (fingers crossed)...

So weigh the pros and cons in your situation and take a step...

The other thing I might suggest you is to nag the college saying I will pay in a month or pay next week or pay £500 now and the other in two months.... just play along... have attendance... so that you will be fine... if the application goes wrong you can pay the fee... if it goes well, you can say good bye to the college...I don't know how feasible this idea is ...

goodluck...

saanju9 · Post by **saanju9** » Thu Aug 15, 2013 9:08 am

master_student wrote:As far as I can remember was 28 days, for a firm answer probably you should ask your UKBA friends, or those who worked with them.

Anyway wish the best of luck,

jony_dhaka wrote:I applied 26/3/2013 by set (O) 10 year long residence

Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''

Thank you .

Yeah where are your UKBA friends mate ... they should know these things straight away...

Also can you ask your friends to speed up the process a little bit mate... tell them they are being too lazy

Joking ...Regards

jony_dhaka · Post by **jony_dhaka** » Thu Aug 15, 2013 9:18 am

hahaha saanju u r so funny man .why do u think i don't . I call them lazy cow openly .

saanju9 wrote:
master_student wrote:As far as I can remember was 28 days, for a firm answer probably you should ask your UKBA friends, or those who worked with them.

Anyway wish the best of luck,

jony_dhaka wrote:I applied 26/3/2013 by set (O) 10 year long residence

Can any one remember that ''in that time overstay limit was 10 days or 28 days ? ''

Thank you .
Yeah where are your UKBA friends mate ... they should know these things straight away...

Also can you ask your friends to speed up the process a little bit mate... tell them they are being too lazy

Joking ...Regards

Immigrationboards.com: Immigration, work visa and work permit discussion board

10 years long residence applications

covering letter

waiting

ILR, 10 years category, please help

Re: covering letter

Re: waiting