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10 years route but falling short by few days

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

fahadii123
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Posts: 65
Joined: Thu Aug 22, 2013 8:15 pm
Location: United Kingdom

10 years route but falling short by few days

Post by fahadii123 » Sun Jul 31, 2016 6:51 pm

Arrived UK: 7th Jan 2007
Current visa: Tier-4(student) expiring on 22nd Nov'16

I'll be eligible to make an ILR application on 10th December 2016 but my current visa(tier4) ends on 22nd Nov'16. My application is quite straight forward and I was really hoping to go for a one day service. Can you guys suggest what's the best way forward for me?

Many thanks for your help and time
Fahad

saj626
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Re: 10 years route but falling short by few days

Post by saj626 » Sun Jul 31, 2016 10:40 pm

Dear Fahad
please see this link hope it will answer your question.

http://www.immigrationboards.com/indefi ... 10835.html

Many thanks

fahadii123
Junior Member
Posts: 65
Joined: Thu Aug 22, 2013 8:15 pm
Location: United Kingdom

Re: 10 years route but falling short by few days

Post by fahadii123 » Sun Aug 14, 2016 4:13 pm

Thanks Saj. It's much clearer now

Just one question though. I came across the below on ukvi website and its confused me:

Your 10-year qualifying period starts from either:

-when you arrived in the UK with a visa
-when you were given permission to stay in the UK


I came to UK on 7th Jan 2007 but my visa was granted on 29 Nov 2006. So can I really submit my ILR application as per visa granted date? Please advise or direct me to a link if this has already been answered because I couldn't find it.

vinny
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Re: 10 years route but falling short by few days

Post by vinny » Mon Aug 15, 2016 6:11 am

Date of Entry is the start of your qualifying period under Long residence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

fahadii123
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Posts: 65
Joined: Thu Aug 22, 2013 8:15 pm
Location: United Kingdom

Need advice - will vary FLR to ILR(premium)

Post by fahadii123 » Mon Oct 03, 2016 2:18 pm

Hi Guys
I am currently on a tier-4 visa until 22nd Nov’16 and will be eligible to make my ILR Application on or after 10th December (-28 days included). Since there is a gap of 18days I need to buy some time and intent to first make a FLR application before visa expires and then VARY it to ILR application (Premium Service)

Question 1: Since I am on a student visa and have no dependents, do I need to apply for FLR(O) or FLR(FP) or any other?
Once the above is established, I will then apply for FLR application just before my visa expiry date. While the application will still be with UKVI, fingers crossed, I would have reached my ILR application date by. Meanwhile, I would have already gotten my PEO Appointment for 10th December 2016. So as soon as the day is here I will go there for my ILR PEO Appointment.

Question 2: Under my circumstances, can I switch from FLR application to ILR premium application as per this: https://www.gov.uk/government/publicati ... quest-form

Alternatively, do you guys think it would be a good idea if I just send my ILR 18 days before eligibility (remember, -28 days already included)? What are my chances? Any success stories?

Many thanks for your help everyone!

Kind Regards
Fahadii

KhanNW
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Re: Need advice - will vary FLR to ILR(premium)

Post by KhanNW » Mon Oct 03, 2016 2:47 pm

fahadii123 wrote:Hi Guys
I am currently on a tier-4 visa until 22nd Nov’16 and will be eligible to make my ILR Application on or after 10th December (-28 days included). Since there is a gap of 18days I need to buy some time and intent to first make a FLR application before visa expires and then VARY it to ILR application (Premium Service)

Question 1: Since I am on a student visa and have no dependents, do I need to apply for FLR(O) or FLR(FP) or any other?
Once the above is established, I will then apply for FLR application just before my visa expiry date. While the application will still be with UKVI, fingers crossed, I would have reached my ILR application date by. Meanwhile, I would have already gotten my PEO Appointment for 10th December 2016. So as soon as the day is here I will go there for my ILR PEO Appointment.

Question 2: Under my circumstances, can I switch from FLR application to ILR premium application as per this: https://www.gov.uk/government/publicati ... quest-form

Alternatively, do you guys think it would be a good idea if I just send my ILR 18 days before eligibility (remember, -28 days already included)? What are my chances? Any success stories?

Many thanks for your help everyone!

Kind Regards
Fahadii
Hi Fahadii, not able to read the message as no access yet to the PM

fahadii123
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Posts: 65
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Location: United Kingdom

Re: Need advice - will vary FLR to ILR(premium)

Post by fahadii123 » Wed Oct 05, 2016 7:52 am

can anyone help..?? :)

fahadii123
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Location: United Kingdom

Tier 4 to ILR

Post by fahadii123 » Wed Oct 05, 2016 10:07 am

Hi guys,

My History:
Jan 2007 - Jun 2012: Student visa/Tier 4
June 2012 - June 2014: Tier 2 work visa
Sept 2014 - Nov 2016: Tier 4 visa

Eligible for ILR: 10 December 2016(-28 days included)
Current visa ending: 22nd November 2016

Since I have a gap of just over 2 weeks before I can apply for ILR, what is my best possible option?

Make an FLR(O) application and then vary it?
OR
Send ILR application on 22nd Nov'16

Thanks for your help
Fahadii

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CR001
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Re: Tier 4 to ILR

Post by CR001 » Wed Oct 05, 2016 10:41 am

fahadii123 wrote:Hi guys,

My History:
Jan 2007 - Jun 2012: Student visa/Tier 4
June 2012 - June 2014: Tier 2 work visa
Sept 2014 - Nov 2016: Tier 4 visa

Eligible for ILR: 10 December 2016(-28 days included)
Current visa ending: 22nd November 2016

Since I have a gap of just over 2 weeks before I can apply for ILR, what is my best possible option?

Make an FLR(O) application and then vary it?
OR
Send ILR application on 22nd Nov'16

Thanks for your help
Fahadii
No need to post the same question all over the place on the forum. Stick to one topic (this one)
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

fahadii123
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Posts: 65
Joined: Thu Aug 22, 2013 8:15 pm
Location: United Kingdom

good and affordable immigration solicitor in birmingham-ILR

Post by fahadii123 » Thu Oct 06, 2016 10:12 am

Looking for a reasonably priced but reliable Immigration Solicitor to help me with my ILR application. My application is very straightforward and I mainly need a solicitors help because there will be a gap of 18 days between my current visa end date and when I can make my ILR application.
Preferably in Birmingham, Coventry or surrounding areas.

Any recommendations guys?

Many thanks
Fahad

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Casa
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Re: good and affordable immigration solicitor in birmingham-

Post by Casa » Thu Oct 06, 2016 10:17 am

Professional recommendations are not permitted under the forum Ts & Cs
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

KhanNW
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Posts: 61
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Re: good and affordable immigration solicitor in birmingham-

Post by KhanNW » Thu Oct 06, 2016 2:26 pm

fahadii123 wrote:Looking for a reasonably priced but reliable Immigration Solicitor to help me with my ILR application. My application is very straightforward and I mainly need a solicitors help because there will be a gap of 18 days between my current visa end date and when I can make my ILR application.
Preferably in Birmingham, Coventry or surrounding areas.

Any recommendations guys?

Many thanks
Fahad
Hi Fahad,

I read your post about 12 days short of 10 years. If you read the policy guidance, it says please dont not apply 28 days before you complete 10 years. It may result into refusal of application and loss of fees. Now what do they mean by MAY, no one knows and it is all about its interpretation. However, if you apply earlier than this, it comes under early application for sure and everyone will agree with this.

So what are the guidelines for early applications particularly for SET (LR) residence 10 years route. It says, if an application is being considered 28 days or less, you may grant ILR. We all know that in-time applications are covered by 3c.

On the top, it is also mentioned that 28 days rule is not a mendatory requirement that needs to be met. It again says to case workers, please consult early applications section to find what to do with such applications. I did not see any refusal on this forum based on applying early as far as when the application was considered, the 10 years requirement was met.

I guess it needs to be your decision (up to you if you want a solicitors advise) to decide applying direct using SET(LR) or indirectly using private life form and by varying.

Since they made 28 days rule so confusing (dont apply more than 28 days early so how about 3c?), no one can give you a solid answer. To me, both ways looks fine and it is you to decide becos, at the end it is about your future

KhanNW
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Re: good and affordable immigration solicitor in birmingham-

Post by KhanNW » Thu Oct 06, 2016 2:46 pm

please see page 66 of the following link. It explain the 28 days rule a bit better than the normal long residence guidence and not normally consulted.


https://www.gov.uk/government/uploads/s ... es-v18.pdf

fahadii123
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Posts: 65
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Location: United Kingdom

Re: good anid affordable immigration solicitor in birmingham

Post by fahadii123 » Thu Oct 06, 2016 4:56 pm

KhanNW wrote:please see page 66 of the following link. It explain the 28 days rule a bit better than the normal long residence guidence and not normally consulted.


https://www.gov.uk/government/uploads/s ... es-v18.pdf
Thanks for this information, Khan! I wonder how or why solicitors miss such important details when talking us through the process. Having read this I am now considering making an early application.
I've seen a few of your posts too about the premium service delay and it's a shame because I was really hoping to do the same. Hope it all works out well for you buddy! Keep us updated
Btw, did you send an early application too? And if so, how many days of a gap did you have?

Many thanks again for your reply and help!

KhanNW
Junior Member
Posts: 61
Joined: Sun Sep 11, 2016 6:39 am

Re: good anid affordable immigration solicitor in birmingham

Post by KhanNW » Thu Oct 06, 2016 7:48 pm

fahadii123 wrote:
KhanNW wrote:please see page 66 of the following link. It explain the 28 days rule a bit better than the normal long residence guidence and not normally consulted.


https://www.gov.uk/government/uploads/s ... es-v18.pdf
Thanks for this information, Khan! I wonder how or why solicitors miss such important details when talking us through the process. Having read this I am now considering making an early application.
I've seen a few of your posts too about the premium service delay and it's a shame because I was really hoping to do the same. Hope it all works out well for you buddy! Keep us updated
Btw, did you send an early application too? And if so, how many days of a gap did you have?

Many thanks again for your reply and help!
Hi,

Mine expired exactly 28 days before completing qualifying period.

Regarding above discussion, please keep in mind that It is my personal opinion and "not mendatory" is particularly relevant to ensure that a case worker does not reject early application as "invalid". I would personally say that do your own research around the wording used, explore previous posts ragarding early applications and ask some senior members input then make a decision. Thank you and good luck

fahadii123
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Location: United Kingdom

Early ILR application

Post by fahadii123 » Sun Oct 16, 2016 9:32 pm

I'm considering making an early ILR application myself(to avoid heavy solicitor fees) but need your advice if that's a good idea?
I have a 18 days gap even after the 28 days deduction and have been told by a solicitor and read on this forum that as long as I've met my 10 years by the time case worker makes the decision I should be fine?

If so, I need some help with preparing the covering letter that I'll attach with my application to explain why I'm applying slightly earlier. If someone was in a similar situation please share yours

Once I've reached the qualifying period I want to switch my application to premium but obviously the slot needs to be booked well in advance. Can I still apply for it even though my application will still be with UKVI?

when should I start booking a slot for the premium service?

Look forward to your replies

vinny
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Re: 10 years route but falling short by few days

Post by vinny » Sun Oct 16, 2016 10:57 pm

M.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

KhanNW
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Re: Early ILR application

Post by KhanNW » Mon Oct 17, 2016 6:59 am

fahadii123 wrote:I'm considering making an early ILR application myself(to avoid heavy solicitor fees) but need your advice if that's a good idea?
I have a 18 days gap even after the 28 days deduction and have been told by a solicitor and read on this forum that as long as I've met my 10 years by the time case worker makes the decision I should be fine?

If so, I need some help with preparing the covering letter that I'll attach with my application to explain why I'm applying slightly earlier. If someone was in a similar situation please share yours

Once I've reached the qualifying period I want to switch my application to premium but obviously the slot needs to be booked well in advance. Can I still apply for it even though my application will still be with UKVI?

when should I start booking a slot for the premium service?

Look forward to your replies
Hi,

You dont need to booking a slot now, I believe. If you post your application, you need to request an upgrade. If accepted and you want to attend in person, premium upgrade team will let you know about available slots. I guess you need to inform them the dat you want and available so once your file is arrived at Liverpool PSC, you can go there. A member here mentioned that he paid at Liverpool PSC for premium service (£500). Hope it helps

fahadii123
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Location: United Kingdom

Re: 10 years route but falling short by few days

Post by fahadii123 » Fri Nov 18, 2016 11:08 am

Hey KhanNW/Saj626
Another quick(any possible silly) question
Once I’ve reached my ILR date, will I have to withdraw my FLR (FP) application so that the documents can be returned back to me and then I send an ILR application?
If the above needs to be done, how many days will I be granted by UKVI between withdrawing my FLR (FP) and sending my ILR application to UKVI? What’s the window like
OR
After I send my FLR(FP) application can I then send my ILR application and request them to transfer the documents to ILR department?

I would prefer to apply for a Premium service to get a speedy result.
KhanNW wrote:
fahadii123 wrote:I'm considering making an early ILR application myself(to avoid heavy solicitor fees) but need your advice if that's a good idea?
I have a 18 days gap even after the 28 days deduction and have been told by a solicitor and read on this forum that as long as I've met my 10 years by the time case worker makes the decision I should be fine?

If so, I need some help with preparing the covering letter that I'll attach with my application to explain why I'm applying slightly earlier. If someone was in a similar situation please share yours

Once I've reached the qualifying period I want to switch my application to premium but obviously the slot needs to be booked well in advance. Can I still apply for it even though my application will still be with UKVI?

when should I start booking a slot for the premium service?

Look forward to your replies
Hi,

You dont need to booking a slot now, I believe. If you post your application, you need to request an upgrade. If accepted and you want to attend in person, premium upgrade team will let you know about available slots. I guess you need to inform them the dat you want and available so once your file is arrived at Liverpool PSC, you can go there. A member here mentioned that he paid at Liverpool PSC for premium service (£500). Hope it helps

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CR001
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Re: 10 years route but falling short by few days

Post by CR001 » Fri Nov 18, 2016 11:36 am

You apply to VARY your application. You will not get a decision on the day though as the caseworker will have to request your documents from the FLR(FP) department before an ILR decision can be made.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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