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Long Residence (10 years) SET (LR) applications

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

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jml689
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Joined: Sun Oct 23, 2016 6:29 pm

Re: Long Residence (10 years) SET (LR) applications

Post by jml689 » Wed Oct 26, 2016 1:19 pm

jml689 wrote:Hello,
I am applying for the 10 years settlement in UK, I have posted my application form to home office, and after 10 days I've got a letter telling me to enter in my fingerprints for my biometric card.I had a problem entering my signiture into the machine, and I don't think it looks exactly the same as the signiture on my passport. However after 1 months I've got an email saying my application is under consideration. But recently I've got a letter telling me to go to an appointment in order for them to make a decision on my application.They did not specify for me to bring any other documents.
My daughter and I came to the UK together, we both had a student dependent visa, and later on we got a work permit dependent visa. She and my husband both had an in person appointment, where they both got their indefinate leave to remain application accepted. And I posted my form the next day.

Do you have any suggestion on why they want me to attend an appointment? could this mean there is something wrong with my application form? could the difference in the 2 signitures means they want me back to confirm it?
Thank you for your help.

hksujan
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Posts: 10
Joined: Sat Dec 12, 2015 10:11 pm

Re: Long Residence (10 years) SET (LR) applications

Post by hksujan » Thu Oct 27, 2016 11:09 pm

***********I''m sharing my long SAD STORY ... I'M BEGGING EVERYONE'S HELP & SUGGESTIONS FOR MYSELF & MY FAMILY. PLEASE HELP ME WITH VALUABLE ADVISE YOU HAVE.*************

I first entered the United Kingdom on 13 October 2004 as a student this visa was valid to 31st of October 2005 and then I made a number of in time renewals as a student. Please note I went back home to got married in 2005. Then we have our first son born in 2006 December. We have our second child born in 2012 December ( UK)

My wife came to this country on second of march 2006 as a student not dependent on me.

One 27 March 2014 I made an application for an extension of leave to remain in the United Kingdom as a student that application was refused by the security of state in a letter dated seventh of May 2014 I received a letter on 15th of May 2014 ,the secretary off state stated that the reason for this vision was that I failed to meet the requirements of paragraph 245ZX (HA) on the immigration rules.as a result I didn't have any right to appeal against that decision.

On third of June 2014 me and my wife and my eldest son made an application for leave to remain on the basis of their protected rights under article 8.this application was made on two separate application forms separating the first claimants which was me from the rest of the family however the applications were submitted in the same envelope and it was requested that the secretary of state considered them together under one set of re-presentation. Please note I made this application within 28 days.

now cut the story short , after had hearing at first tribunal & upper tribunal finally my wife and my eldest son head right to remain in the United Kingdom and we have received a discretionally for my wife and my son middle of September 2016.as my wife were in this country lawfully for 10 years we went to Glasgow and made an application for long residency for ILR and she has got that ILR on 19th of October 2016.we are planning to get our eldest son British citizenship within a week by filling MN1 form.

Meanwhile on the 14th of October my judiciary view where dismissed as well as respected Judge didn't give me any right to appeal to the Court of Appeal even though my wife has got ILR.

Please note I never overstayed in this country and made all the application on time but when I was refused in the first place without any right to appeal eventually that gives a break to my 10 years long residency and I can't apply for ILR!!

Can someone please advise me what would be my best possible way to stay with my family and my children. Should I withdraw the current application and make a fresh application under my wife or my son.

Could you please also let me know whether I can apply under my wife (as a spouse) on same day service under any rule.

Best regards

J

Tvkumar
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Re: Long Residence (10 years) SET (LR) applications

Post by Tvkumar » Fri Nov 04, 2016 6:31 pm

Tvkumar wrote:URGENT ADVICE NEEDED PLZZ!!
I am going for SET(LR) appointment in PEO on Friday. I am filling application SET (LR) form and am having problems with interpreting section D (immigration history).
My current visa status is " limited leave to remain on basis of private life" and has been for the last 2 yrs. My daughter is a UK citizen. Does this mean "I stayed in the UK as a family member of an EEA national exercising treaty rights"? never crossed my mind before.
Please suggest..

thanks,
K
Update. Had my appointment on 02.11.2016 at Liverpool. Got ILR SET(LR) Received biometric card by post today 04.11.2016.
Thank you all for the advice and help. Very much appreciated.
Will be happy to help if anyone needs advice.
Thanks
K

amrs
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Joined: Sat Nov 05, 2016 2:51 pm

Re: Long Residence (10 years) SET (LR) applications

Post by amrs » Sat Nov 05, 2016 5:04 pm

Hi, I applied for ILR by taking PEO service and expected to received decision on same day but unfortunately HO hold my application for further checks. We all had discrational leave after refusal of Tier 1 General extension and I had lawfully completed 10 years. I am still director of LTD company since it was established and taxes were paid as per accounts made on annual basis. I also do have a permanent job from where I get regular income after tax & NI contribution. No criminal history, paying a debt which was agreed with vendure never been to any court and I am paying beacuse my name was involved with other people and they are all gone, so vendure expect me to pay all. I got personal licence with no offence, no driving convictions.
HO is holding my application by giving no time scale, any body in same boat as me or any suggestion what I can do?

UserILR
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Posts: 5
Joined: Sun Sep 18, 2016 12:25 pm

Re: Long Residence (10 years) SET (LR) applications

Post by UserILR » Tue Nov 08, 2016 6:15 am

paru.org wrote:there was no need for 2nd set lr, u shld have gone throg with 1st one, but i wonderhowcome 2 same application in process, when u have 1 pending application , u can vary with diferent on like flr to set lr, but u did from set lr to set lr.
but anyway u were covered by 3c,as long as u made in time 1st application.

can u pls tell me how many times home office sent u biometric reminder, and did u email them to get reminder bio letter or they sent it byself??
as i am in same situation.
thx
sajid_016 wrote:Just need a quick advice plz. Came to UK 01st Oct 2006, applied set lr on 10 years basis on 10th July (last visa TIER-I Gen exp 12th july) but 10 years completing 01 oct. I missed couple of biometrics n done my biometric on 27th Sep. Now as I can legally apply for Set lr my solicitor asked me to post a new Set lr with new fees saying, Once it will be acknowledged we can withdraw first application.
Posted 2nd Set LR on 8th Sep with fees (Deducted after a week) and getting Biometric letter for this application which I am ignoring.
Wrong advice from lawyer has messed up my case. Was I covered under 3C for the gap with first SET LR application. Was there any need of sending 2nd application with new fees? Can I withdraw 2nd application if I am covered under 3C? Will I get fees back?
What would you suggest?

regards
you can not vary application from setlr to setlr. you should not have ignored biometrics letter they can invalid your setlr application.

Esther67
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Posts: 16
Joined: Mon Nov 07, 2016 3:06 pm

Re: Long Residence (10 years) SET (LR) applications

Post by Esther67 » Tue Nov 08, 2016 2:01 pm

Hello. Thanks for this great forum. I have learnt alot. Please I have a question.
My husband will be applying for ILR in January 2017 based on 10 year residence and I am his dependant. I am currently his Tier 2 visa dependant and the visa expires on 30 August 2017. I will not be eligible for ILR based on 10 year residence until 27 January 2020. Our plan is for hubby to apply for ILR in January 2017 and once he gets it, I will wait till about July 2017 (visa expires 30 August 2017) before applying for spousal visa so that the new visa will carry me till the full 10 year residence required for ILR.
My first question now is that, will I be able to wait that long before changing my status since technically my husband's tier 2 visa would no longer be existing? Is it compulsory to change my status immediately hubby gets his ILR?
My second question is that if I move house while my application is still pending, can I validly notify HO of my change of address to send my passport and visa without any issues?

Many thanks in advance.

teminee
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Posts: 4
Joined: Tue Nov 01, 2016 1:04 pm

Re: Long Residence (10 years) SET (LR) applications

Post by teminee » Tue Nov 08, 2016 6:47 pm

Hi! great forum
Please i have a question. Pardon me for the long post :). I want to apply in April 2017 for ILR through the 10 year long residence. Arrived in 2007 as a dependant to an HSMP applicant, relationship broke down along the line and was refused the extension of my visa. I put in another application through 7 years child consent route was refused. Appealed to the upper tribunal and my appeal was refused because my solicitor was 1 day over the the 28 day given i.e BC expired on 16th of June 2014 and the appeal submitted on 16th of July 2014. I was then sent a letter by the upper tribunal that the matter be withdrawn by consent order and that it will be reviewed and decision reconsidered. I was later granted 30 months leave to remain under the 10 year family route.
OK my question is this, come APRIL 2017 i will have reached 10 years in the country.
Am i still eligible for the 10 years long route application?
Many thanks in advance.
T.

peter6942
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Posts: 1
Joined: Tue Nov 08, 2016 8:06 pm

Re: Long Residence (10 years) SET (LR) applications

Post by peter6942 » Tue Nov 08, 2016 9:01 pm

Thanks very much to all who offer advice and answer questions on this forum - I am currently completing the SET (LR) application form (Long Residence - 10 years), and this forum has been really useful. However, I have two questions about the supporting evidence required for this application, which I'm wondering if someone can help me with. I arrived in the UK in September 2006. I was a student, living in halls of residence, from 2006-2012, and I have been here on a Tier 2 visa since then.

1. Section 4 - Documents

There is a long list of documents (doctor's letters, utility bills, HMRC letters, etc) which the form says "You must provide". Are multiple documents required for each of the 10 years? I have nearly all of the required documents for 2012-16, and I have confirmation of student status letters from my University for 2006-2012. However, I don't have any other documents for the period 2006-2012, when I was living in halls of residence, and I'm concerned that I don't have any proof of my address for that time. I have contacted my University, bank, GP surgery and mobile phone provider to ask if they can give backdated documents or confirmation of my address at the time - would one of those be sufficient, or would I need more supporting documents for that period?

2. Section 2: D3 - absences

I have a total of 500 days absence from the UK in the past 10 years, including some absences of 80+ days (University summer holidays). What evidence is required to prove that I haven't been absent for more than the limit of 540 days? The only evidence I have is stamps in my passport. However, for trips back to my (former) home country, the only stamp in the passport is when I arrived back in the UK, so my passport stamps can't prove the length of those trips.

Many thanks in advance for any advice, and apologies for the long post - I have tried to include all the necessary details.

amakhtar
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Re: Long Residence (10 years) SET (LR) applications

Post by amakhtar » Thu Nov 10, 2016 2:31 am

hi there

i m more or less in the same boat please advise

i came to uk in dec 2006 on student dependent now my husband and kids are British national and now in mid Oct 2016 my current leave to remain was going to expire then i have applied FLR FP but in Nov 2016 i m eligible for ILR LR, as 28 days before we can apply i have book appointment on premium service counter for ILR LR my query is ?

what's the process of vary the application :?: i have try to read notes guidance but its really confusing someone have wrote i have to email them and until i didn't get confirmation letter i can't vary application and other says i have to write letter in post along with application, but in my circumstances i m going to premium service for ILR LR i couldn't find any relevant information for vary the application please advise

and someone told me i m not eligible for premium service as my one application is already with Home office and they can't give any decision on the same day ?

i can understand the circumstance they can't provide decision on the same day but at least they won't take years to reply as my family friend have applied two application and they took 2 years and 4 months ?

please advise me i would be very much thank ful

paru.org
Member
Posts: 202
Joined: Mon Dec 29, 2014 11:15 am
India

Re: Long Residence (10 years) SET (LR) applications

Post by paru.org » Thu Nov 10, 2016 10:26 pm

An applicant can vary an application at any time before a decision is made on it. They can do this if they want to be considered for a grant of leave on a different basis to their initial application.
If the applicant wishes to vary their leave for a purpose where a specified application form is required, they must complete the new form and meet all the requirements of paragraph 34A of the Immigration Rules and the Immigration (Health Charge) Order 2015, for the variation to be valid.
A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.
Page 57 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
Variation application made following initial application – the applicant will pay the immigration health surcharge with the application. Some, or all of, the surcharge paid with the initial application will be refunded…..: Page 28 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
One need to fill the current application while applying for any Immigration application on that date .... ((Whoever, booked for Premium before and then need to fill the latest application while applying.... ((Sometime, the Caseworker don't even listen what expressed by the UKVI Customer Advisor.... ((For all Premium booking NO need to fill the Payment section in the application ... just attach the payment confirmation print out ..... ((Please have a look : Specified forms and procedures for applications or claims in connection with immigration : https://www.gov.uk/guidance/immigration ... -in-the-uk
Specified application forms and procedures - Publications - GOV.UK
Modernised guidance for how UK Visas and Immigration considers application forms and procedures for immigration applications and claims.
gov.uk
amakhtar wrote:hi there

i m more or less in the same boat please advise

i came to uk in dec 2006 on student dependent now my husband and kids are British national and now in mid Oct 2016 my current leave to remain was going to expire then i have applied FLR FP but in Nov 2016 i m eligible for ILR LR, as 28 days before we can apply i have book appointment on premium service counter for ILR LR my query is ?

what's the process of vary the application :?: i have try to read notes guidance but its really confusing someone have wrote i have to email them and until i didn't get confirmation letter i can't vary application and other says i have to write letter in post along with application, but in my circumstances i m going to premium service for ILR LR i couldn't find any relevant information for vary the application please advise

and someone told me i m not eligible for premium service as my one application is already with Home office and they can't give any decision on the same day ?

i can understand the circumstance they can't provide decision on the same day but at least they won't take years to reply as my family friend have applied two application and they took 2 years and 4 months ?

please advise me i would be very much thank ful

amakhtar
Newly Registered
Posts: 17
Joined: Sat Sep 13, 2014 1:49 am

Re: Long Residence (10 years) SET (LR) applications

Post by amakhtar » Fri Nov 11, 2016 4:36 am

thank you Paru for sending me link about vary the application it has increase my knowledgeable but I m confused as they didn't mention how do vary application at premium service ?


paru.org wrote:An applicant can vary an application at any time before a decision is made on it. They can do this if they want to be considered for a grant of leave on a different basis to their initial application.
If the applicant wishes to vary their leave for a purpose where a specified application form is required, they must complete the new form and meet all the requirements of paragraph 34A of the Immigration Rules and the Immigration (Health Charge) Order 2015, for the variation to be valid.
A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.
Page 57 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
Variation application made following initial application – the applicant will pay the immigration health surcharge with the application. Some, or all of, the surcharge paid with the initial application will be refunded…..: Page 28 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
One need to fill the current application while applying for any Immigration application on that date .... ((Whoever, booked for Premium before and then need to fill the latest application while applying.... ((Sometime, the Caseworker don't even listen what expressed by the UKVI Customer Advisor.... ((For all Premium booking NO need to fill the Payment section in the application ... just attach the payment confirmation print out ..... ((Please have a look : Specified forms and procedures for applications or claims in connection with immigration : https://www.gov.uk/guidance/immigration ... -in-the-uk
Specified application forms and procedures - Publications - GOV.UK
Modernised guidance for how UK Visas and Immigration considers application forms and procedures for immigration applications and claims.
gov.uk
amakhtar wrote:hi there

i m more or less in the same boat please advise

i came to uk in dec 2006 on student dependent now my husband and kids are British national and now in mid Oct 2016 my current leave to remain was going to expire then i have applied FLR FP but in Nov 2016 i m eligible for ILR LR, as 28 days before we can apply i have book appointment on premium service counter for ILR LR my query is ?

what's the process of vary the application :?: i have try to read notes guidance but its really confusing someone have wrote i have to email them and until i didn't get confirmation letter i can't vary application and other says i have to write letter in post along with application, but in my circumstances i m going to premium service for ILR LR i couldn't find any relevant information for vary the application please advise

and someone told me i m not eligible for premium service as my one application is already with Home office and they can't give any decision on the same day ?

i can understand the circumstance they can't provide decision on the same day but at least they won't take years to reply as my family friend have applied two application and they took 2 years and 4 months ?

please advise me i would be very much thank ful

amakhtar
Newly Registered
Posts: 17
Joined: Sat Sep 13, 2014 1:49 am

Re: Long Residence (10 years) SET (LR) applications

Post by amakhtar » Fri Nov 11, 2016 4:44 am

hi Esther 67
I m not sure about your circumstance but I will share mine I was dependent of Tier 1 Entrepreneur from Oct 2013 got 3 years visa then my husband has got ILR LR in 2014 June and Dec 2015 he was British national but my status was on the same Tier 1 Entrepreneur Visa dependant and now in Oct 2016 and I been to my country once and didn't effect my travel as airport immigration counter didn't ask anything hope it helps

Regards

Mrs Amakhtar

teminee wrote:Hi! great forum
Please i have a question. Pardon me for the long post :). I want to apply in April 2017 for ILR through the 10 year long residence. Arrived in 2007 as a dependant to an HSMP applicant, relationship broke down along the line and was refused the extension of my visa. I put in another application through 7 years child consent route was refused. Appealed to the upper tribunal and my appeal was refused because my solicitor was 1 day over the the 28 day given i.e BC expired on 16th of June 2014 and the appeal submitted on 16th of July 2014. I was then sent a letter by the upper tribunal that the matter be withdrawn by consent order and that it will be reviewed and decision reconsidered. I was later granted 30 months leave to remain under the 10 year family route.
OK my question is this, come APRIL 2017 i will have reached 10 years in the country.
Am i still eligible for the 10 years long route application?
Many thanks in advance.
T.

Kabocha
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Posts: 6
Joined: Wed Jul 27, 2016 3:18 pm

Re: Long Residence (10 years) SET (LR) applications

Post by Kabocha » Sun Nov 13, 2016 8:37 pm

My Timeline: UPDATE 

Application : SET (LR) 10 year long residence POSTAL application
Application sent: 22 June 2016
Application Received: Not sure
Payment deducted: 24 June 2016
Acknowledgement letter received : 27 July 2016 (By email to the agency)
BRP letter received : Dated 27 July 2016, received 1 August 2016
BRP Done : 2 August 2016 (will go tomorrow)
ILR received: 29 September 2016

I moved to London in 2000.
I finally can settle in here for good.
Good luck to everyone!

Esther67
Newly Registered
Posts: 16
Joined: Mon Nov 07, 2016 3:06 pm

Re: Long Residence (10 years) SET (LR) applications

Post by Esther67 » Sun Nov 13, 2016 10:22 pm

[quote="amakhtar"]hi Esther 67
I m not sure about your circumstance but I will share mine I was dependent of Tier 1 Entrepreneur from Oct 2013 got 3 years visa then my husband has got ILR LR in 2014 June and Dec 2015 he was British national but my status was on the same Tier 1 Entrepreneur Visa dependant and now in Oct 2016 and I been to my country once and didn't effect my travel as airport immigration counter didn't ask anything hope it helps

Regards

Mrs Amakhtar

Dear Mrs Amakhtar,

Thank you very much for replying my query. I really appreciate.

Esther67


[quote="teminee"]Hi! great forum
Please i have a question. Pardon me for the long post :). I want to apply in April 2017 for ILR through the 10 year long residence. Arrived in 2007 as a dependant to an HSMP applicant, relationship broke down along the line and was refused the extension of my visa. I put in another application through 7 years child consent route was refused. Appealed to the upper tribunal and my appeal was refused because my solicitor was 1 day over the the 28 day given i.e BC expired on 16th of June 2014 and the appeal submitted on 16th of July 2014. I was then sent a letter by the upper tribunal that the matter be withdrawn by consent order and that it will be reviewed and decision reconsidered. I was later granted 30 months leave to remain under the 10 year family route.
OK my question is this, come APRIL 2017 i will have reached 10 years in the country.
Am i still eligible for the 10 years long route application?
Many thanks in advance.
T.[/quote][/quote]

Longbattle
Newbie
Posts: 33
Joined: Sun Jun 19, 2016 2:22 am

Re: Long Residence (10 years) SET (LR) applications

Post by Longbattle » Mon Nov 14, 2016 9:48 pm

Tvkumar wrote:
Tvkumar wrote:URGENT ADVICE NEEDED PLZZ!!
I am going for SET(LR) appointment in PEO on Friday. I am filling application SET (LR) form and am having problems with interpreting section D (immigration history).
My current visa status is " limited leave to remain on basis of private life" and has been for the last 2 yrs. My daughter is a UK citizen. Does this mean "I stayed in the UK as a family member of an EEA national exercising treaty rights"? never crossed

thanks,
K
Update. Had my appointment on 02.11.2016 at Liverpool. Got ILR SET(LR) Received biometric card by post today 04.11.2016.
Thank you all for the advice and help. Very much appreciated.



Hi kumar congratulations for this achievement. Bro i am also going on window this month if you dont mind can you explain little bit.
Was it easy process. They ask any questions or create aby trouble. I am going on 10 years rules.
Thanks
Regards
Will be happy to help if anyone needs advice.
Thanks
K

Tvkumar
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Posts: 9
Joined: Wed Jul 13, 2016 7:31 pm

Re: Long Residence (10 years) SET (LR) applications

Post by Tvkumar » Mon Nov 21, 2016 10:20 am

Longbattle wrote:
Tvkumar wrote:
Tvkumar wrote:URGENT ADVICE NEEDED PLZZ!!
I am going for SET(LR) appointment in PEO on Friday. I am filling application SET (LR) form and am having problems with interpreting section D (immigration history).
My current visa status is " limited leave to remain on basis of private life" and has been for the last 2 yrs. My daughter is a UK citizen. Does this mean "I stayed in the UK as a family member of an EEA national exercising treaty rights"? never crossed

thanks,
K
Update. Had my appointment on 02.11.2016 at Liverpool. Got ILR SET(LR) Received biometric card by post today 04.11.2016.
Thank you all for the advice and help. Very much appreciated.



Hi kumar congratulations for this achievement. Bro i am also going on window this month if you dont mind can you explain little bit.
Was it easy process. They ask any questions or create aby trouble. I am going on 10 years rules.
Thanks
Regards
Will be happy to help if anyone needs advice.
Thanks
K
Hi mate, sorry about the delayed response. It was a straightforward process as long as you have a clean record of immigration. My case was a bit different, as my partner and both my kids are British, eventhough my application was not based on them I would say it played a huge part.
They didn't ask me any questions. Just make sure you take as many documents as possible even if it might seem unnecessary! Good luck

AshM19
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Posts: 3
Joined: Wed Nov 23, 2016 9:04 pm

Re: Long Residence (10 years) SET (LR) applications

Post by AshM19 » Thu Nov 24, 2016 1:21 pm

Hi,

Did you have to provide evidence of when your visa was refused and when it was appealed? Or did you provide a cover letter as there is nowhere on the Set(LR)form where you can give evidence of this.

Regards
Ash
raj2323 wrote:All,
Received my SET LR approval letter today. Below is the timeline for the whole process. Thank you very much for the support and info in this forum. Really helpful. Postal premium upgrade do work but will need to wait nearly 4 weeks from the provisional acceptance email until a decision could be made. timeline as below. thanks.
APPLICATION SENT 18/08/2016 THURSDAY
PAYMENT TAKEN 23/08/2016 TUESDAY
confirmation email received 31/08/2016
BRP letter date 30/08/2016 received on 1/9/16
BRP done 02/09/2016
Premium postal upgrade 28/09/2016 application+payment form sent- due to urgent travel on 27/10/16
Provisionally accepted 29/09/2016
Auto generated 30/09/2016 email saying decision can take up to 6 months
Premium upgrade payment taken 13/10/2016
Decision confirmation email received 20/10/2016
Received approval letter and passport 22/10/2016

My visa history
04/09/2006 student visa granted
13/09/2006 entered UK
Oct-09 renewed student visa, rejected
2010 appeal rejected, upper tribunal accepted- rejection due to my birth certificate is in Malaysian language and not been translated and certified
Dec 2010 received student visa for 3 months until February 2011
Feb-11 student visa extension rejected, appeal rejected, higher tribunal rejected- same reason even though birth certificate supplied with translated copy.
Jul-11 while on student visa appeal, applied for PSW as I've completed my degree
Feb-12 PSW for 2 years
Feb-14 Tier 2 until Feb 17

teminee
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Posts: 4
Joined: Tue Nov 01, 2016 1:04 pm

Re: Long Residence (10 years) SET (LR) applications

Post by teminee » Thu Nov 24, 2016 8:55 pm

teminee wrote:Hi! great forum
Please i have a question. Pardon me for the long post :). I want to apply in April 2017 for ILR through the 10 year long residence. Arrived in 2007 as a dependant to an HSMP applicant, relationship broke down along the line and was refused the extension of my visa. I put in another application through 7 years child consent route was refused. Appealed to the upper tribunal and my appeal was refused because my solicitor was 1 day over the the 28 day given i.e BC expired on 16th of June 2014 and the appeal submitted on 16th of July 2014. I was then sent a letter by the upper tribunal that the matter be withdrawn by consent order and that it will be reviewed and decision reconsidered. I was later granted 30 months leave to remain under the 10 year family route.
OK my question is this, come APRIL 2017 i will have reached 10 years in the country.
Am i still eligible for the 10 years long route application?
Many thanks in advance.
T.
plssssss can someone help with advice i need it badly thanks

User avatar
Casa
Moderator
Posts: 25054
Joined: Wed Jul 23, 2008 2:32 pm

Re: Long Residence (10 years) SET (LR) applications

Post by Casa » Thu Nov 24, 2016 10:18 pm

teminee wrote:
teminee wrote:Hi! great forum
Please i have a question. Pardon me for the long post :). I want to apply in April 2017 for ILR through the 10 year long residence. Arrived in 2007 as a dependant to an HSMP applicant, relationship broke down along the line and was refused the extension of my visa. I put in another application through 7 years child consent route was refused. Appealed to the upper tribunal and my appeal was refused because my solicitor was 1 day over the the 28 day given i.e BC expired on 16th of June 2014 and the appeal submitted on 16th of July 2014. I was then sent a letter by the upper tribunal that the matter be withdrawn by consent order and that it will be reviewed and decision reconsidered. I was later granted 30 months leave to remain under the 10 year family route.
OK my question is this, come APRIL 2017 i will have reached 10 years in the country.
Am i still eligible for the 10 years long route application?
Many thanks in advance.
T.
plssssss can someone help with advice i need it badly thanks
You need to complete 10 years on the family route (2.5 years x 4)
(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.

mdiqbal
Junior Member
Posts: 60
Joined: Thu Nov 24, 2016 7:18 pm

Re: Long Residence (10 years) SET (LR) applications

Post by mdiqbal » Fri Nov 25, 2016 7:14 pm

Dear all,
I'll be appreciated if anyone could come step forward who had experienced as mine situation. I first entered in the UK on 14/09/2016 and extended visa several times as a student. Hence, my 10 year anniversary will be on 14/10/2016. Anyways, my tier-2 visa was refused on 05/08/2016 and the administrative review negetively determined on 12/09/2016 and refusal letter said that I've only 14 days to disclose any new issues that, why should I stay in the UK further. Therefore, 35 days shortfall to reach the goal from the day of my AR was concluded. However, I had an opportunity to apply any fresh application within 28 days of my refusal which will be disregarded [Immigration rule: 276B].

I did so. I've applied SET(LR) on 20/09/2016 by post which was 24 days earlier, however, my 10 years long residency application was submitted within 28 days of the qualifying period. Further to the guidance, applications can be granted if they are considered 28 days or less before the applicant completes the required qualifying period. Furthermore, I added with my application some new circumstances that I'm part way through completing a PhD etc.

Generally, a question could be raised that how can someone apply 28 days earlier without the valid visa before completing the qualifying period? Then, I can modify the same question; could the Home Office able to provide any rules that someone can't apply without the VALID VISA before completing the qualifying period? Here is to note that, no one can provide any black and white evidences, this rules is just word of mouth.

Additionally, yesterday, I know that I had an option to apply FLR (FP) and as soon as I would hit the qualifying period I would have the chance to vary the application with SET(LR). Again, same question could be pointed out which is 'without valid visa'. If 28 days overstaying period is disregarded, then why won't I be eligible for applying within 28 days of the qualifying period for ten years route. I'm really passing a devastating time, can anyone help me to get rid of this dilemma please??!! Have anyone experienced this issue? Any comments please.

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