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Indefinete leave to remain under long residency

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

adlakha84
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Indefinete leave to remain under long residency

Post by adlakha84 » Fri Jun 21, 2013 12:22 am

Dear all,

I am came to Uk on 15 September 2003 on student visa , my first year in the country I finished diploma in business admin and from the second year I enrolled on to ACCA course , until April 2011 , I was on student visa and later switched on to post study work permit on the basis of oxford brookes university degree . Leave to remain under PSW expired on 6th April 2013 before which I made a tier 4 application for a postgraduate course . I have recently found that under the new immigration rules I was not eligible for tier 4 visa as I have already spent the allowed time limit under tier 4 . more to that the college that I applied with has been taken off the home office register however I am still going to college but the college does not seem to have any interest in running the course and hardly any student comes . I know that in august 2013 I will be eligible to apply for indefinite leave to remain under 10 years long residency rules . My tier 4 application has not been decided and I am yet to go for biometrics as my biometrics enrolment letter was getting lost in post .
Please if somebody could advise me that because I was ineligible for tier 4 application as the time allowed had already been spent would that effect my long residency application and whether I have the need to enrol in a new college and send new letter of enrolment ( cass) . someone has advised me that I can file Flr(o) and withdraw the existing tier 4 application and then august when I am eligible for set(o) I should vary the circumstances . I am in no position to enrol for a new post graduate course as already so much money has been wasted . after my indefinite I will have more choices of universities with less fees to pursue further education .
If I can now file a new flr(o) how should I do it , is there a need to go through a solicitor or I can do it myself .

Many thanks in advance for your time
Last edited by adlakha84 on Sat Aug 24, 2013 1:06 am, edited 1 time in total.

sheraz7
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Post by sheraz7 » Fri Jun 21, 2013 3:45 am

since you need only few months to mark 10 years then in that situation first of all try to ascertain that whether your old institute has appealed to restore their license and if that case then you can carrying on with your application which can cover this period too. Otherwise UKBA usually grant 60 days to find new licensed institute and in that case if you find new institute then still you can cover that short period.
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adlakha84
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Post by adlakha84 » Fri Jun 21, 2013 4:43 am

many thanks for replying sheraz guru . the college is not at all co-operative the way it is run I hardly see a hope of it coming back on the list and they have started demanding me for further fees as they are aware of my situation .
The reason I wanted to file flr(o) was to remove all ties from that college , I found out last month that it has been removed from the list and hardly see any student coming. It could be that 60 days period has already passed since it was taken off the list . The college is in luton and I live in London I don't want to waste more money by travelling there every week .

however if I don't file flr(o) and continue with tier 4 application my application will be refused anyway as the time allowed under tier 4 has already been spent . home office might give a decision on my case before 17th of august at the date which I qualify for indefinite leave .

Is there a way I can check that the Cass letter college issued me was genuine ? .

Sushil-ACCA
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Post by Sushil-ACCA » Fri Jun 21, 2013 3:54 pm

U need professional advice from solicitors

yr case is little complicated

all the best

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Post by Amber » Fri Jun 21, 2013 6:06 pm

You may be able to vary your application before a decision to set(lr) once you meet the requirements.
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adlakha84
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Post by adlakha84 » Fri Jun 21, 2013 6:12 pm

this is what i was planning to file Flr(o) to buy more time till august but thats then again paying flr(o) fees .
should i just stay under tier4 even if the application is refused before 17 august ( as i have completed the time allowed under tier 4) i will have right to appeal which will complete my 10 years stay and as the college is not on home office list the documents have no credibility anymore .

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Re: Indefinete leave to remain under long residency

Post by Tier 4 » Fri Jun 21, 2013 7:09 pm

adlakha84 wrote: I was ineligible for tier 4 application as the time allowed had already been spent would that effect my long residency application and whether I have the need to enrol in a new college and send new letter of enrolment ( cass) .
Maximum time limit is pretty much clear
adlakha84 wrote: someone has advised me that I can file Flr(o) and withdraw the existing tier 4 application and then august when I am eligible for set(o) I should vary the circumstances .
For long residence its SET(LR) these days, for FLR (O) in which category you think you can fit in?
adlakha84 wrote: I am in no position to enrol for a new post graduate course as already so much money has been wasted . If I can now file a new flr(o) how should I do it , is there a need to go through a solicitor or I can do it myself .
You still have 5 months to fill-up, FLR (O) might take you through, but I dont think Tier 4 will help you as these days things are speeding up in UKBA side. Nevertheless it’s your call, I would say you should have played safe and probably had gone to Entrepreneur visa while you had a chance back in March / April.
Last edited by Tier 4 on Fri Jun 21, 2013 7:26 pm, edited 1 time in total.
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adlakha84
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Post by adlakha84 » Fri Jun 21, 2013 7:19 pm

many thanks Tier 4

you have been very clear in replying to my queries . I have no knowledge of flr(0) some one advised me that he can file it for me , i dont knwo what category would apply to me . That person is asking for £800 + vat . Could advise under what category i can file that .

I don't have 5 months left now its June 21 today and i still have to go for bio metrics , did email home office regarding my biometrics letter getting lost in post and they have replied saying they will post a new letter on the new address i provided . I would have approx 1 month left to be eligible to file set(lr) 17/19th aug . 10 years complete on 15 sept 2013 .

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Post by Tier 4 » Fri Jun 21, 2013 7:38 pm

adlakha84 wrote: That person is asking for £800 + vat . Could advise under what category i can file that .
I wont recommend to spend that money on some thing which can be access just by a little bit search.
adlakha84 wrote: I don't have 5 months left now its June 21 today and i still have to go for bio metrics , did email home office regarding my biometrics letter getting lost in post and they have replied saying they will post a new letter on the new address i provided . I would have approx 1 month left to be eligible to file set(lr) 17/19th aug . 10 years complete on 15 sept 2013 .
Well in that case 3C will protect you for being overstayed and in case of appeal 3D will do the same job, and remember you can vary the grounds of you current application and post your Set (LR) application 28 days in advance. Good luck
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adlakha84
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Post by adlakha84 » Sat Jun 22, 2013 9:18 am

I really appreciate your help tier 4

The college I have my existing application with is asking for more fees and is out of home office registered list of sponsors, when I made the application it was in the list under B rating . I dont want to attend that college anymore , can they report me now to home office after its off the list . does the existing cass with home office has any credibility . the college can claim later that the cass letter is bad quality .

This was the reason I was wishing to file Flro(o) now and withdraw existing tier 4 application but as its only 1 more month left to be eligible to file set(lr) if you advice I will stay with current tier 4 application . What will be the procedure if decision is made and my case goes in appeal how to I file application to vary then .

sonia123
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Re: Indefinete leave to remain under long residency

Post by sonia123 » Sat Jun 22, 2013 9:32 am

hi adlakha84 according to may knowledge u still can apply tier4 student visa as year time period rule is not apply on u because u spend only one year on post graduate degree .


adlakha84 wrote:Dear all,

I am came to Uk on 15 September 2003 on student visa , my first year in the country I finished diploma in business admin and from the second year I enrolled on to ACCA course , until April 2011 , I was on student visa and later switched on to post study work permit on the basis of oxford brookes university degree . Leave to remain under PSW expired on 6th April 2013 before which I made a tier 4 application for a postgraduate course . I have recently found that under the new immigration rules I was not eligible for tier 4 visa as I have already spent the allowed time limit under tier 4 . more to that the college that I applied with has been taken off the home office register however I am still going to college but the college does not seem to have any interest in running the course and hardly any student comes . I know that in august 2013 I will be eligible to apply for indefinite leave to remain under 10 years long residency rules . My tier 4 application has not been decided and I am yet to go for biometrics as my biometrics enrolment letter was getting lost in post .
Please if somebody could advise me that because I was ineligible for tier 4 application as the time allowed had already been spent would that effect my long residency application and whether I have the need to enrol in a new college and send new letter of enrolment ( cass) . someone has advised me that I can file Flr(o) and withdraw the existing tier 4 application and then august when I am eligible for set(o) I should vary the circumstances . I am in no position to enrol for a new post graduate course as already so much money has been wasted . after my indefinite I will have more choices of universities with less fees to pursue further education .
If I can now file a new flr(o) how should I do it , is there a need to go through a solicitor or I can do it myself .

Many thanks in advance for your time

adlakha84
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Post by adlakha84 » Sat Jun 22, 2013 6:14 pm

hello Sonia , thank you for reply but till april 2013 I was never on post graduate course . Its only in april 2013 I have filed a tier 4 application for a postgraduate course and I checked on home office website total time graduate + post graduate is 6 yrs .

pakboyy
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Post by pakboyy » Sat Jun 22, 2013 7:02 pm

Dear this 6 year rule is for postgraduate so u still can apply .

adlakha84 wrote:hello Sonia , thank you for reply but till april 2013 I was never on post graduate course . Its only in april 2013 I have filed a tier 4 application for a postgraduate course and I checked on home office website total time graduate + post graduate is 6 yrs .

adlakha84
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Post by adlakha84 » Sat Jun 22, 2013 7:37 pm

Do u mean student over 18 years is allowed 4-5 years for graduate course and after that he is allowed 6 years to complete post graduation and further if he wants phd he gets 8 more years ?

pakboyy
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Post by pakboyy » Sat Jun 22, 2013 7:57 pm

dear u havn't done any graduate course so why u are getting worried.
adlakha84 wrote:Do u mean student over 18 years is allowed 4-5 years for graduate course and after that he is allowed 6 years to complete post graduation and further if he wants phd he gets 8 more years ?

adlakha84
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Post by adlakha84 » Sat Jun 22, 2013 8:45 pm

I was only left with 2 acca papers and I left it ,but I applied psw on the basis of Oxford Brooke's university bsc degree that I got after 9 acca papers . Will that not count towards graduate course ? Sorry I am asking too much

vinny
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Re: Application to vary

Post by vinny » Wed Aug 14, 2013 8:50 am

adlakha84 wrote:Dear all,

I have my tier 4 application with home office under consideration applied on 4th April , however coming Monday on 19th august I will be 28 days short completing 10 years in the country .
The college I was enrolled for my tier 4 visa has been taken of the list almost 2 months now , I have received no correspondence from home office regarding this , My bio metrics were only done last month as my bio metrics enrollment letter was getting lost in post .

Please could someone advise me how to file indefinite leave application while there is already an application in consideration and will there be need to inform home office about cancellation of college license when i submit this new application . I have passed life in UK test .
I do not intend to study in that college anymore they are not showing any intent of running the college in future . after I have submitted this new application will i still need to be enrolled with the college as my previous application was for tier 4 ?

Thanks in advance for your time and advice .
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.
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vinny
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Post by vinny » Wed Aug 14, 2013 8:51 am

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.

adlakha84
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Post by adlakha84 » Fri Aug 16, 2013 10:03 pm

thank you very much vinny for these links . could you please advise on few matters I am unable to find in these links .

I understand set(lr) is the right form to vary the circumstances of existing application . I wanted some advise on filling up some of the sections in the form http://www.ukba.homeoffice.gov.uk/sitec ... formlr.pdf

section 1 A16 - circle the amount to be paid - I already have an application in consideration so the fees that would apply to me will be the difference . Do I still tick the full 1050 amount ?

C4 - Is your passport enclosed . my passport is already with them there is no option to state that , Options provided are lost , stolen or expired/returned . should I write it myself with home office ?.



D1 - absence from UK . I don't remember the exact dates . I have only been out of the country 3 times , I am sure I have not lived out more than the time allowed my holidays were maximum 30 days .
The documents listed in the form doctors letters, p60 etc should only be provided if you cannot provide a passport for that period ?.


will there be need to inform home office about cancellation of college license when i submit this new application . I have passed life in UK test .
I do not intend to study in that college anymore they are not showing any intent of running the college in future . after I have submitted this new application will i still need to be enrolled with the college as my previous application was for tier 4 ? however before tier 4 application I was on post study work permit , sec 3c is extending my post study work visa rights .

adlakha84
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Post by adlakha84 » Sat Aug 17, 2013 5:31 pm

has anyone got any advise regarding above case ?

adlakha84
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Post by adlakha84 » Sat Aug 24, 2013 1:09 am

I have checked my bank balance full amount of 1051 has been taken out, I did mention on cover letter this was application to vary . will the difference be returned or they have classed my application as fresh application ? .

vinny
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Post by vinny » Sat Aug 24, 2013 1:46 am

You should be okay as they cannot treat it as a fresh application, while you are under Section 3C. You should get an appropriate refund.
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.

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Post by geriatrix » Sat Aug 24, 2013 10:56 am

BTW, why has the opening post been deleted?
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Post by geriatrix » Sat Aug 24, 2013 10:56 am

BTW, why has the opening post been deleted?
Life isn't fair, but you can be!

adlakha84
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Post by adlakha84 » Sat Aug 24, 2013 12:01 pm

I was trying to edit something. The whole text got selected and |I pressed something then I dint realize there was an option to cancel , but someone replied me with quote so the post is still in the topic

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