Long Residence (10 years) SET (LR) applications

eastwood · Post by **eastwood** » Tue Aug 28, 2018 8:18 am

CR001 wrote: ↑
Tue Aug 28, 2018 7:47 am

Jabeyd wrote: ↑
Tue Aug 28, 2018 7:43 am
Hi
My FLR(FP) application is pending (applied on 22june2018, biometric done 17aug1018). My 10year residence was completed on 23 August 2018. I have got an appointment for my SET(LR) application on 6oct2018. How likely it is that HO will take the the decision of my FLR(FP) before 6pct2018?
Thanks
No one can answer that question. Given that you applied for flr PR after AR refusal, your section 3C ended when AR was refused. Also unlikely you will get a same day decision for ILR.

You really should start your own topic with your complex circumstances as not many people read this long running topic. Posts such as yours get lost in this thread.

Hello CR001,

May I ask what kind of situation would make HO defer your case under LR route? I have had one in-time application refusal (with appeal right) in 2014 and I submitted a fresh application ten days after I received the refusal letter and the visa was granted. Do you think this would cause my case to be deferred during my appointment please? Thank you very much.

Jabeyd · Post by **Jabeyd** » Tue Aug 28, 2018 9:28 am

Hi
Thanks for your immediate reply. Referring section 3C of the Immigration Act 1971, my solisitor said as I applied for FLR(FP) within 14 days of the AR Refusal, My section 3c is not ended; therefore I can apply for SET(LR). I am confused now. Please advice me what to do?

CR001 · Post by **CR001** » Tue Aug 28, 2018 9:30 am

Jabeyd wrote: ↑
Tue Aug 28, 2018 9:28 am
Hi
Thanks for your immediate reply. Referring section 3C of the Immigration Act 1971, my solisitor said as I applied for FLR(FP) within 14 days of the AR Refusal, My section 3c is not ended; therefore I can apply for SET(LR). I am confused now. Please advice me what to do?

AR refusal ends your section 3C protection if you previous visa already expired regardless of how quickly you submitted another application. For the overstay to be disregarded, the FLR FP app would need to be successful.

YouKTier · Post by **YouKTier** » Tue Aug 28, 2018 3:39 pm

Could someone help me with the below queries please:

1. I complete 10 years LR on the 24th September 2018, so am i eligible to apply for ILR (LR) from the 26th August 2018?

2. What does the following statement mean: '' Premium appointment have to be within the 28 days of you completing your qualifying period ''. So in my case does it have to be between 26th August 2018 and 24th September 2018 ?

3. I have been completing the online application form to apply for ILR though LR. I am married but my partner isnt in the UK yet and has no intention to come to the UK anytime soon. At the end of the application there is a tab which says documents and under that they have included marriage certificate and partners passport to be produced. Does anyone why this is being asked when I have stated that my partner isnt in the UK? I rang the immigration helpline but he wasnt too sure either he said for the appt just take documents that are applicable to me.

4. Is SET (0) same as SET (LR) ? I am asking this because under the premium appointment booking system they have an option for other but no option for LR, so i selected the other option hoping that is correct ?

CR001 · Post by **CR001** » Tue Aug 28, 2018 3:52 pm

1. I complete 10 years LR on the 24th September 2018, so am i eligible to apply for ILR (LR) from the 26th August 2018?

You can apply anytime WITHIN 28 days before reaching 10 years long residence, calculated from the date you ENTERED the UK.

2. What does the following statement mean: '' Premium appointment have to be within the 28 days of you completing your qualifying period ''. So in my case does it have to be between 26th August 2018 and 24th September 2018 ?

You cannot apply any SOONER than within 28 days of reaching the residence requirements.

3. I have been completing the online application form to apply for ILR though LR. I am married but my partner isnt in the UK yet and has no intention to come to the UK anytime soon. At the end of the application there is a tab which says documents and under that they have included marriage certificate and partners passport to be produced. Does anyone why this is being asked when I have stated that my partner isnt in the UK? I rang the immigration helpline but he wasnt too sure either he said for the appt just take documents that are applicable to me.

Not relevant.

4. Is SET (0) same as SET (LR) ? I am asking this because under the premium appointment booking system they have an option for other but no option for LR, so i selected the other option hoping that is correct ?

No, it is NOT the same form or route to ILR. You don't state what options you are given. We don't all have access to the online system!

YouKTier · Post by **YouKTier** » Tue Aug 28, 2018 4:40 pm

4. Is SET (0) same as SET (LR) ? I am asking this because under the premium appointment booking system they have an option for other but no option for LR, so i selected the other option hoping that is correct ?

No, it is NOT the same form or route to ILR. You don't state what options you are given. We don't all have access to the online system!
[/quote]

I have just double checked and it does state SET (LR), i have messed up by selecting SET(0)! and I have a premium appointment in place for next month. Would it be possible to change the type from SET (0) to SET (LR) by getting in touch with them or do I have to cancel the appointment and start all over ? Thanks.

Marioali · Post by **Marioali** » Wed Aug 29, 2018 12:00 pm

Hi all,

I am wondering if anyone has recently applied with Set LR postal application and then tried to upgrade to premium by emailing the forms Mon to Thursday 8am to 12pm?

I have been trying to send the email for the last 3 days (since 23rd Aug) but I only get the acknowledgement email and nothing after that implying my request does not get accepted.

Any tips as to how to increase chances of success? I have been sending the request at 8.00am on the dot but there are doubts in my mind as to how the UKVI system synchronises time etc.

Appreciate any replies or insights.

Apologies to the moderators if this topic is in the wrong place.

Thanks.

solaced · Post by **solaced** » Mon Sep 03, 2018 7:25 pm

Hi All,
Can someone answer my question to clarify the confusion in my mind please;
Currently, i am on leave to remain(under 7 years child concession rule) with 3 dependants(leave expires in 2020). I am elible for ILR(LR) by the mid of this month. My dependants will complete their 10 yrs in March next year.
My question is;
if, God forbid, my FLR(LR) application is refused for any reason,
1) would my current leave to remain
be curtailed?
2)what would be the status of my dependants if main applicants application is refused. Would they still be eligible to apply for ILR on completing their 10 years in March despite main applicant's application is refused?

CR001 · Post by **CR001** » Mon Sep 03, 2018 7:31 pm

solaced wrote: ↑
Mon Sep 03, 2018 7:25 pm
Hi All,
Can someone answer my question to clarify the confusion in my mind please;
Currently, i am on leave to remain(under 7 years child concession rule) with 3 dependants(leave expires in 2020). I am elible for ILR(LR) by the mid of this month. My dependants will complete their 10 yrs in March next year.
My question is;
if, God forbid, my FLR(LR) application is refused for any reason,
1) would my current leave to remain be curtailed? No, unlikely.
2)what would be the status of my dependants if main applicants application is refused. Would they still be eligible to apply for ILR on completing their 10 years in March despite main applicant's application is refused? Why would there be an issue??

violetgreen · Post by **violetgreen** » Tue Sep 04, 2018 6:19 am

Hi

I need some clarification on the documents needed to proof each year of my stay in the UK throughout the 10 years I've resided in the UK. I have read through a few of the recent posts and got confused with the requirements.

The SET(LR) form downloaded from the UK govt website provided a list on page 24 e.g. council tax, utility, P60, employer(s) letter(s), etc.

We can also apply online (I think this is fairly new although I may be wrong) and it does not request for any of these letters. The list I was given in the '3. Document' section of the online application page listed the following:
- Life in UK test pass notification
- two photos
- Degree cert to proof level of English required
- Current passport
- past passports, travel docs or national identity card that you have used to travel or remain in the UK
- current BRP

I have seen some posts here that they did not submit any proof of stay for the entire 10 year duration. I'm happy to provide them to be on the safe side (I'm planning to apply via premium service) but I only have proof for the past 6 years by using P60 as I'm currently in employment. I struggle to find proof for the first 4 years because I was a student in Scotland so I don't pay council tax, I don't keep the utility letters (changed providers, went paperless, moved houses etc.), I've changed banks and also went paperless, I don't keep old tenancy contracts, I was not registered with any doctor until 4 years ago and I don't keep the doctors' letters.

So, my question:
- do we actually need to submit proof for the full length of stay?
- what other proof can I show my first 4 years of stay? I was a full time student at that time. Can the student visas (these are currently in my past passports), certificates or transcripts be proof?
- I was on Tier 1 PSW between Sept 2012 to March 2014 but that was a BRP which I have returned to HomeOffice when I received my Tier 2 visa. How would I proof my status of remain in the UK for that point in time

I appreciate all the help/advice I can get!

Many thanks in advance!

eastwood · Post by **eastwood** » Tue Sep 04, 2018 7:59 am

violetgreen wrote: ↑
Tue Sep 04, 2018 6:19 am
Hi

I need some clarification on the documents needed to proof each year of my stay in the UK throughout the 10 years I've resided in the UK. I have read through a few of the recent posts and got confused with the requirements.

The SET(LR) form downloaded from the UK govt website provided a list on page 24 e.g. council tax, utility, P60, employer(s) letter(s), etc.

We can also apply online (I think this is fairly new although I may be wrong) and it does not request for any of these letters. The list I was given in the '3. Document' section of the online application page listed the following:
- Life in UK test pass notification
- two photos
- Degree cert to proof level of English required
- Current passport
- past passports, travel docs or national identity card that you have used to travel or remain in the UK
- current BRP

I have seen some posts here that they did not submit any proof of stay for the entire 10 year duration. I'm happy to provide them to be on the safe side (I'm planning to apply via premium service) but I only have proof for the past 6 years by using P60 as I'm currently in employment. I struggle to find proof for the first 4 years because I was a student in Scotland so I don't pay council tax, I don't keep the utility letters (changed providers, went paperless, moved houses etc.), I've changed banks and also went paperless, I don't keep old tenancy contracts, I was not registered with any doctor until 4 years ago and I don't keep the doctors' letters.

So, my question:
- do we actually need to submit proof for the full length of stay?
- what other proof can I show my first 4 years of stay? I was a full time student at that time. Can the student visas (these are currently in my past passports), certificates or transcripts be proof?
- I was on Tier 1 PSW between Sept 2012 to March 2014 but that was a BRP which I have returned to HomeOffice when I received my Tier 2 visa. How would I proof my status of remain in the UK for that point in time

I appreciate all the help/advice I can get!

Many thanks in advance!

Those documents were only needed IF you do not have all your passports, e.g. you lost your first passport. If you have all your passports to cover your entire stay in the UK, you do not have to provide all those documents. Paper form stated that in documents checklist area.

abrs8 · Post by **abrs8** » Tue Sep 04, 2018 9:45 am

Hi guys,
given the front of the application says quite clearly that I must list all the reasons why I should be staying, where in the application am I supposed to put that in? There doesn't seem to be a dedicated section for this (only for those who exercise EEA treaty) Or should I do a covering letter separately?

Thanks

CR001 · Post by **CR001** » Tue Sep 04, 2018 10:07 am

abrs8 wrote: ↑
Tue Sep 04, 2018 9:45 am
Hi guys,
given the front of the application says quite clearly that I must list all the reasons why I should be staying, where in the application am I supposed to put that in? There doesn't seem to be a dedicated section for this (only for those who exercise EEA treaty) Or should I do a covering letter separately?

Thanks

D20???

https://assets.publishing.service.gov.u ... -07-18.pdf

abrs8 · Post by **abrs8** » Tue Sep 04, 2018 10:37 am

CR001 wrote: ↑
Tue Sep 04, 2018 10:07 am

abrs8 wrote: ↑
Tue Sep 04, 2018 9:45 am
Hi guys,
given the front of the application says quite clearly that I must list all the reasons why I should be staying, where in the application am I supposed to put that in? There doesn't seem to be a dedicated section for this (only for those who exercise EEA treaty) Or should I do a covering letter separately?

Thanks
D20???

https://assets.publishing.service.gov.u ... -07-18.pdf

Yeah, there is that but after D13 it says if you're not exercising EEA treaty go straight to section E so I'm not quite sure I'm supposed to write anything there. While we're on the D13 subject do I include my ties with UK there or does it mean any country other than UK? (obviously I've lived here more than 5 years if I'm applying for ILR - LR!) and the E14 is exactly the same question as D13? bit confused there.

abrs8 · Post by **abrs8** » Tue Sep 04, 2018 4:20 pm

Also, it says at the beginning of the application:

All your reasons or grounds for wishing to stay in the United Kingdom must be
stated in this application. This requirement is being given under section 120 of the
Nationality, Immigration and Asylum Act 2002. If you do not tell us now of any reasons
or grounds for remaining in the United Kingdom and you tell us later without good
reason, you will lose any right of appeal you may have otherwise qualified for if we
refuse your claim. You can use the box at the end of section 3.2.

Am I being really thick here or there is no box at the end of section 3.2?!

ASlater · Post by **ASlater** » Tue Sep 04, 2018 4:42 pm

Dear all,
I have am planning to apply for 10 years route ILR.
I have a mixture of visas, I entered on T4, then switched to spouse, and I am currently on T2.

Two questions:
1.would I have broken the long residency condition if I spend time out of the UK between
Oct 14 and Jun15? or would it still be ok to separate the two periods as they are in two different years?

2.I currently work as revenue/financial analyst at corporate level. I found another job to teach a subject related to my daily work (financial modelling/ revenue forecast), with no more than 15 hours a month, and pro-rata hourly payment above my rate at my company.
My question: is it ok to take the job given that one is teaching and the other is analyst?
Do I still have to report this to home office as it is related to the same skills? and if I have not done so, would that cause me issues?

Thanks for your advice
KR

CR001 · Post by **CR001** » Tue Sep 04, 2018 6:42 pm

ASlater wrote: ↑
Tue Sep 04, 2018 4:42 pm
Dear all,
I have am planning to apply for 10 years route ILR.
I have a mixture of visas, I entered on T4, then switched to spouse, and I am currently on T2.

Two questions:
1.would I have broken the long residency condition if I spend time out of the UK between
Oct 14 and Jun15? or would it still be ok to separate the two periods as they are in two different years?

2.I currently work as revenue/financial analyst at corporate level. I found another job to teach a subject related to my daily work (financial modelling/ revenue forecast), with no more than 15 hours a month, and pro-rata hourly payment above my rate at my company.
My question: is it ok to take the job given that one is teaching and the other is analyst?
Do I still have to report this to home office as it is related to the same skills? and if I have not done so, would that cause me issues?

Thanks for your advice
KR

1. If you were out of the UK between October 2014 and June 2015 then your continuous residence is broken. For long residence ILR there is NO concept of splitting an absence over two 12 month periods. Any single absence of 180 days or breaks the residence period.

2. You cannot do teaching (regardless of subject) if your main tier 2 sponsored job is not as a teacher. If you want to do it, you will have to get a second tier 2 visa for your part time job.

4WingsFor99p · Post by **4WingsFor99p** » Mon Sep 10, 2018 4:55 pm

4WingsFor99p wrote: ↑
Mon Jun 11, 2018 6:39 am
Applied For ILR Route : SET(LR) Tier4 General (Student)
Date Application Sent : 22/05/2018
Document Received By HO : 23/05/2018
Payment Debited : 25/05/2018
Ack Letter/Email Received : 08/06/2018
Biometric Letter Received : awaiting...
Date Biometrics Enrolled : awaiting...
Approval Received : awaiting...
BRP Card Received : awaiting...
[Will Be Keep Updating It]

Been in the UK for over 10 years as a student, straight forward case with no special circumstances etc.

Only concern is with the total number of days being outside the UK may have exceeded the limit of 540 days within the 10 year period.

I may have only exceeded the total of days limit by 20-30 days max, with no absence period over 180days/6months.

Also I was't sure with all my exit dates from the UK, since they don't stamp your passport while exiting nor have a record prior 2013.

I also did a SAR check requesting all my immigration history from the HO, and they only have records of my entry/exit dates from 2013 onwards. So I guess that is when they started to keep records again.

I'm just hoping the HO can/will exercise discretion on this matter.

Applied For ILR Route : SET(LR) Tier4 General (Student)
Date Application Sent : 22/05/2018
Document Received By HO : 23/05/2018
Payment Debited : 25/05/2018
Ack Letter/Email Received : 08/06/2018 - 09/07/2018 - 07/08/2018
Biometric Letter Received : 07/06/2018
Date Biometrics Enrolled : 14/06/2018
Approval Received : 03/09/2018
BRP Card Received : 06/09/2018

Application Time Elapsed: 108 Days / 3 Months & 16 Days

Finally, the wait is over. Good luck to everyone else!!!

Navi05 · Post by **Navi05** » Tue Sep 11, 2018 11:46 am

Hi, I have been waiting for my set Lr application over 6 months, please suggest me what can be done now, how can I contact HO?

KR7 · Post by **KR7** » Tue Sep 11, 2018 10:13 pm

Hello All,

I am New to this Group. I have Some doubts Regarding Eligibility to Apply For Long Residence (10 years) SET (LR) application.

Initially I came to U.K as a student in February 2009

I am describing my case in detail as bellow:

1) Initially I applied for Entry Clearance as a Student, I got Entry Clearance from 28/01/2009 to 30/11/2010 and I came to U.K on 04/02/2009.
2) I left the U.K on 25th November 2010 (Five Days before my Entry Clearance Expiring).

When I am in U.K I finished my Masters

I applied my PSW (Entry Clearance) from India, I got my Entry Clearance on 26/04/2011 to 26/04/2013 and I came back to U.K on 23/05/2011.

During above periods (Exit from U.K and Back to U.K), I spent time in India (Absent from U.K) as follows:

Month wise Days,
November 2010: 05 Days
December 2010: 31 Days
January 2011 : 31 Days
February 2011 : 29 Days
March 2011 : 31 Days
April 2011 : 30 Days
May 2011 : 22 Days
---------------------------------------
Total = 179 Days
----------------------------------------
Total Day Absent from U.K in single Stretch: 179 Days.

Before my PSW Expiring, I applied for Tier 1(Entrepreneur), It's rejected and applied with in 28 days i applied Tier 2 (General )

I got the Tier 2(General) Approval Letter on 03/09/2014. Visa Stating from 03/09/2014 to 02/11/2017
i got the Second Extension As well until Oct 2019

During Tier 2(General), I am Absent from U.K as follows:
18/09/2014 to 17/10/2014 ---- 27 Days
01/12/2014 to 16/01/2015 ---- 46 Days
14/05/2016 to 03/06/2016 ---- 20 Days
In all the above occasions I have been to India on Holidays and Marriage.
15/04/2017 to 19/04/2017 ---- 04 Days (Spain Holiday Trip).

Total Absent from U.K during the Period = 179 + 27 + 46 + 20 + 04
= 276 Days

****************************************************************************************
Please let me know, am I eligible for ILR in 10 Years Long Residency category or not. If eligible when I can apply for it.
**************************************************************************************
Thanks in Advance

marcnath · Post by **marcnath** » Tue Sep 11, 2018 10:37 pm

It appears you are eligible and should be able to apply 28 days before 04/02/2019

omoh · Post by **omoh** » Wed Sep 12, 2018 9:21 pm

I am new on here. I have a question to ask regarding the online application for ILR (LR). I am currently on Tier 1 Entrepreneur and as a Director, I only pay myself salary below the £11k. Therefore, I do not pay Tax.

Now on the online form, there is a section for annual income. Is it ok for me to state my directors salary over 12 months as my annual income? I know there is no section on the paper application form for annual income.

Thank you. I'm sorry if this question has been asked previously.

CR001 · Post by **CR001** » Wed Sep 12, 2018 9:22 pm

omoh wrote: ↑
Wed Sep 12, 2018 9:21 pm
I am new on here. I have a question to ask regarding the online application for ILR (LR). I am currently on Tier 1 Entrepreneur and as a Director, I only pay myself salary below the £11k. Therefore, I do not pay Tax.

Now on the online form, there is a section for annual income. Is it ok for me to state my directors salary over 12 months as my annual income? I know there is no section on the paper application form for annual income.

Thank you. I'm sorry if this question has been asked previously.

Should be fine yes.

omoh · Post by **omoh** » Wed Sep 12, 2018 9:52 pm

CR001 wrote: ↑
Wed Sep 12, 2018 9:22 pm

omoh wrote: ↑
Wed Sep 12, 2018 9:21 pm
I am new on here. I have a question to ask regarding the online application for ILR (LR). I am currently on Tier 1 Entrepreneur and as a Director, I only pay myself salary below the £11k. Therefore, I do not pay Tax.

Now on the online form, there is a section for annual income. Is it ok for me to state my directors salary over 12 months as my annual income? I know there is no section on the paper application form for annual income.

Thank you. I'm sorry if this question has been asked previously.
Should be fine yes.

Hi CR001; thank you for the reply.

KR7 · Post by **KR7** » Thu Sep 13, 2018 7:13 am

marcnath wrote: ↑
Tue Sep 11, 2018 10:37 pm
It appears you are eligible and should be able to apply 28 days before 04/02/2019

Thank you for Your information, I look forward to applie in Jan 2nd week.

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