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

Post by Shariii » Fri May 19, 2017 5:32 pm

eoo10 wrote:
lammy85 wrote:hello, i received a letter from home office today, after five months of my application. (10 years Route). All my previous visa was dependent of student, Post study work and T2 dependent.

My Husband has got his indefinite stay since last year on 10 years route

My three children has got there British Citizen since last year as well ,after my husband had his indefinite.

Dear xxxx

We aim to process a all application within 6 months from the date submitted. However, in certain circumstances this target is not possible. following our assessment of your case, unfortunately it appears your application will not be processed within the 6 month target

This is because your application raises exceptionally complex issues and we required further time to consider your case thoroughly and reach a decision.

We expect to make a decision on your application by 28 August 2017, but we will write to you again if this not going to be possible.

Yours Sincerely.

I hope i will get my decision by August

Yet another complex issues victim. Let's all cross our fingers and of course keep praying to God to do wonders. I wish UKVI could at least give us hint of our complexity and not keep is all in the dark.

cc: hhe
Same here my lawyer called me to tell me she received this same letter today.

They hope to make a decision by 14th Aug. Fingers crossed we all get a positive response soon

sunnysunny1994
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Re: Long Residence (10 years) SET (LR) applications

Post by sunnysunny1994 » Fri May 19, 2017 5:34 pm

Hi,
Thank you for ur reply. I am bit confused as packet has arrived to my solicitior and he is not answering my call. On 17/5/2017 i called home office they said one packet has been sent via 2nd class and today home office said packet is delivered via recorded delivery and also she gave me tracking number which showed packet or whatever was delivered on 17/5/17 and recieved by someone. u said u recieved questionnaire, was it a packet? or just simple envelop? how many papers u recieved? kindly reply. thank you

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

Post by nomanwahab » Fri May 19, 2017 8:03 pm

Hi sunny
I recieved questionners + they ask me about my son school or doctor certificate , return address label thats it nothing else.

.

sunnysunny1994
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Re: Long Residence (10 years) SET (LR) applications

Post by sunnysunny1994 » Fri May 19, 2017 8:13 pm

Thank you Noman, Is there any time limit of sending questionnaire back to HO? I am trying to contact my solicitor but unfortunately he is away. what a shame.:(

eoo10
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Re: Long Residence (10 years) SET (LR) applications

Post by eoo10 » Fri May 19, 2017 8:30 pm

Shariii wrote:
eoo10 wrote:
lammy85 wrote:hello, i received a letter from home office today, after five months of my application. (10 years Route). All my previous visa was dependent of student, Post study work and T2 dependent.

My Husband has got his indefinite stay since last year on 10 years route

My three children has got there British Citizen since last year as well ,after my husband had his indefinite.

Dear xxxx

We aim to process a all application within 6 months from the date submitted. However, in certain circumstances this target is not possible. following our assessment of your case, unfortunately it appears your application will not be processed within the 6 month target

This is because your application raises exceptionally complex issues and we required further time to consider your case thoroughly and reach a decision.

We expect to make a decision on your application by 28 August 2017, but we will write to you again if this not going to be possible.

Yours Sincerely.

I hope i will get my decision by August

Yet another complex issues victim. Let's all cross our fingers and of course keep praying to God to do wonders. I wish UKVI could at least give us hint of our complexity and not keep is all in the dark.

cc: hhe
Same here my lawyer called me to tell me she received this same letter today.

They hope to make a decision by 14th Aug. Fingers crossed we all get a positive response soon

Going by the trend UKVI appears to be adding additional 3 months to the service standard. I strong think that it is absurd to treat postal applicant this way while premium service gets same day decision. Their is no iota of fairness in the way This government department is treating us. Anyway, we will wait and hope for the best.

Chief786
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Re: Long Residence (10 years) SET (LR) applications

Post by Chief786 » Fri May 19, 2017 11:27 pm

sunnysunny1994 wrote:Thank you Noman, Is there any time limit of sending questionnaire back to HO? I am trying to contact my solicitor but unfortunately he is away. what a shame.:(

Boss you need to send Home office all the required documents in 28 days. Call your stupid lawyer now or go to his office if he's away then it's his fault he should have left someone incharge to check posts and communicate with the clients. Your lawyer is very stupid even more stupid than me. I hate lawyers.

sunnysunny1994
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Re: Long Residence (10 years) SET (LR) applications

Post by sunnysunny1994 » Sat May 20, 2017 2:47 am

Chief786 wrote:
sunnysunny1994 wrote:Thank you Noman, Is there any time limit of sending questionnaire back to HO? I am trying to contact my solicitor but unfortunately he is away. what a shame.:(

Boss you need to send Home office all the required documents in 28 days. Call your stupid lawyer now or go to his office if he's away then it's his fault he should have left someone incharge to check posts and communicate with the clients. Your lawyer is very stupid even more stupid than me. I hate lawyers.
Thanks once again. I do agree with you. Unfortunately I got both accountant and lawyer st....d. Well I go on Monday.

Shaz321
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Re: Long Residence (10 years) SET (LR) applications

Post by Shaz321 » Sat May 20, 2017 3:10 pm

Hi everyone,

My ILR is under process. I applied under T1 general route. My 10 years are now complete. In case of rejection, can I submit judicial review "and" apply for SET (LR) ?

My understanding is that once you submit a new application, your previous case is withdrawn. But I read on another forum someone suggesting the above.

Thanks

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CR001
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Re: Long Residence (10 years) SET (LR) applications

Post by CR001 » Sat May 20, 2017 5:43 pm

Shaz321 wrote:Hi everyone,

My ILR is under process. I applied under T1 general route. My 10 years are now complete. In case of rejection, can I submit judicial review "and" apply for SET (LR) ?

My understanding is that once you submit a new application, your previous case is withdrawn. But I read on another forum someone suggesting the above.

Thanks
JR is not part of the Immigration rules process like Appeals. You can't submit an application without withdrawing an APPEAL, which is not relevant to JR. An application for JR does not give you section 3C protection either.

For LR ILR, the same checks will be done as Tier 1 G ILR.
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.

jarraj1102
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Re: Long Residence (10 years) SET (LR) applications

Post by jarraj1102 » Sat May 20, 2017 6:08 pm

Shaz321 wrote:Hi everyone,

My ILR is under process. I applied under T1 general route. My 10 years are now complete. In case of rejection, can I submit judicial review "and" apply for SET (LR) ?

My understanding is that once you submit a new application, your previous case is withdrawn. But I read on another forum someone suggesting the above.

Thanks
Hi Shaz,

Let me try to answer your straight question with a straight answer.

Yes you can apply for your JR and a new ILR(LR) application at the same time.
The JR has to be filed within 3 months of the AR refusal.
Your new ILR(LR) has to submitted immediately after your AR refusal.

But we hope you don't have to go through this. Good luck with your application.

Regards

Chief786
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Re: Long Residence (10 years) SET (LR) applications

Post by Chief786 » Sat May 20, 2017 8:46 pm

CR001 wrote:[quote=
JR is not part of the Immigration rules process like Appeals. You can't submit an application without withdrawing an APPEAL, which is not relevant to JR. An application for JR does not give you section 3C protection either.

For LR ILR, the same checks will be done as Tier 1 G ILR.

Hi Char,

I have asked this couple of weeks ago and now asking again do you have any idea do we automatically get right of appeal in case of rejection for SET LR 10 years route ? I was on Tier 1 before. My earnings 32,000 PAYE and 10,000 self employed. I don't have any tax amendments all tax paid on time. I was a sole trader before but now for the last 2 years have been working under my LTD company and applied for set LR early 9 months ago. Revived questions and hoping to fill it and send it to Home office on coming Tuesday. I'm expecting a good outcome but just in case So plz let me know what's your views on automatic right of appeal. Thanks

Jop1
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Re: Long Residence (10 years) SET (LR) applications

Post by Jop1 » Sun May 21, 2017 11:15 am

Anyone can assist me?
Best wishes


Correction:
I meant EEA national.

Jop1 wrote:Hi
Hopefully I am in the right place.

I came to UK in 2007 as a family member of an EE national.
I have been working since (have payslips) and my hubby has his own company for more than 8 years.
Now I am 10 years in UK.

Can I apply for Indefinite Leave to Remain by submitting the form SET(LR) (32 pages)?
If not please advise what form shall I submit.
Thank you

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CR001
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Re: Long Residence (10 years) SET (LR) applications

Post by CR001 » Sun May 21, 2017 12:04 pm

Jop1 wrote:Anyone can assist me?
Best wishes


Correction:
I meant EEA national.

Jop1 wrote:Hi
Hopefully I am in the right place.

I came to UK in 2007 as a family member of an EE national.
I have been working since (have payslips) and my hubby has his own company for more than 8 years.
Now I am 10 years in UK.

Can I apply for Indefinite Leave to Remain by submitting the form SET(LR) (32 pages)?
If not please advise what form shall I submit.
Thank you
For ILR long residence, you need to provide evidence of your EU spouse exercising treaty rights for the whole period. If you have held an EEA FM residence card for the entire period, why not apply for PR under the EU/EEA route, which costs £65 vs £2297 for ILR postal.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Shaz321
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Re: Long Residence (10 years) SET (LR) applications

Post by Shaz321 » Sun May 21, 2017 9:24 pm

jarraj1102 wrote:
Shaz321 wrote:Hi everyone,

My ILR is under process. I applied under T1 general route. My 10 years are now complete. In case of rejection, can I submit judicial review "and" apply for SET (LR) ?

My understanding is that once you submit a new application, your previous case is withdrawn. But I read on another forum someone suggesting the above.

Thanks
Hi Shaz,

Let me try to answer your straight question with a straight answer.

Yes you can apply for your JR and a new ILR(LR) application at the same time.
The JR has to be filed within 3 months of the AR refusal.
Your new ILR(LR) has to submitted immediately after your AR refusal.

But we hope you don't have to go through this. Good luck with your application.

Regards
Thanks a lot Jarraj. Actually UKVI has already refused my ILR application once due to tax amendment in one of the past 5 years (T1 general route). HMRC did not update their system in good time for UKVI to be able to verify my income. So I've submitted fresh application, i.e. SET(O) again, since HMRC have processed my amended return and tax is fully paid. At least now if they refuse, my case would be stronger for JR. Just preparing for the worst. I hope i don't have to go through that.

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

Post by hhe » Mon May 22, 2017 10:02 am

learner29 wrote:Same here. After 5 months of applying for ILR 10 years long residence, received a letter quoting the same complex issues. Today it has been 8 months checking my posts daily with the expectation that i will receive something from them. Nothing heard from HO since that complex issues letter. Any remedy or do we have to wait for years to come.
Hi learner29:

Did HO mentioned any timeframe in your complex issues letter ?
Because three member in this forum got the August date.
Have you been on Tier 1 General before ? I mean any tax issue ?

sunnysunny1994
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Re: Long Residence (10 years) SET (LR) applications

Post by sunnysunny1994 » Mon May 22, 2017 1:13 pm

Hi all,

Just to update you all. I have recieved questionair from home office. I am not sure what gonna happen now. But I will return documents whatever I have before 10/6/2016. Good luck all.

learner29
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Re: Long Residence (10 years) SET (LR) applications

Post by learner29 » Mon May 22, 2017 4:22 pm

hhe wrote:
learner29 wrote:Same here. After 5 months of applying for ILR 10 years long residence, received a letter quoting the same complex issues. Today it has been 8 months checking my posts daily with the expectation that i will receive something from them. Nothing heard from HO since that complex issues letter. Any remedy or do we have to wait for years to come.
Hi learner29:

Did HO mentioned any timeframe in your complex issues letter ?
Because three member in this forum got the August date.
Have you been on Tier 1 General before ? I mean any tax issue ?
Hi hhe
I applied for ILR 10 year Route on the 25 September 2016. Within months I received a letter asking for my Bank statements, Pay slips HMRC Tax documents, giving me only 2 weeks to submit all the papers. I submitted all the papers within 2 weeks.Then I received that complex issues letter in mid February, Sorry there was no mentioning of any time frame in that letter. I think they have just started giving 3 months time frame. What about us who have not been given 3 months time frames and three months have already been elapsed. Do I need to call them? or write a letter? I have not gone through any solicitor. posted application myself.

eoo10
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Re: Long Residence (10 years) SET (LR) applications

Post by eoo10 » Mon May 22, 2017 5:29 pm

learner29 wrote:
hhe wrote:
learner29 wrote:Same here. After 5 months of applying for ILR 10 years long residence, received a letter quoting the same complex issues. Today it has been 8 months checking my posts daily with the expectation that i will receive something from them. Nothing heard from HO since that complex issues letter. Any remedy or do we have to wait for years to come.
Hi learner29:

Did HO mentioned any timeframe in your complex issues letter ?
Because three member in this forum got the August date.
Have you been on Tier 1 General before ? I mean any tax issue ?
Hi hhe
I applied for ILR 10 year Route on the 25 September 2016. Within months I received a letter asking for my Bank statements, Pay slips HMRC Tax documents, giving me only 2 weeks to submit all the papers. I submitted all the papers within 2 weeks.Then I received that complex issues letter in mid February, Sorry there was no mentioning of any time frame in that letter. I think they have just started giving 3 months time frame. What about us who have not been given 3 months time frames and three months have already been elapsed. Do I need to call them? or write a letter? I have not gone through any solicitor. posted application myself.

Hi Learner29,

I think you should call them for an update. What was your last visa if I may ask?

sunnysunny1994
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Re: Long Residence (10 years) SET (LR) applications

Post by sunnysunny1994 » Tue May 23, 2017 3:41 am

Hi all,
Just like to ask one question. HO has given me 28 days to submit tax documents. I have some tax issues. is it possible to get some extra time from HO? any ideas. Regards

Moon84
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Re: Long Residence (10 years) SET (LR) applications

Post by Moon84 » Tue May 23, 2017 11:49 am

sunnysunny1994 wrote:Hi all,
Just like to ask one question. HO has given me 28 days to submit tax documents. I have some tax issues. is it possible to get some extra time from HO? any ideas. Regards
Hi ALL ,
could you please advise me I got the same questionnaire and children related letter from HO. if I send the letter from hospital regarding the plastic surgery treatment for my daughter she was under 1 year when doctors did brain surgery. is there any issue I mean its come under benefits or any effect on my case.

learner29
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Re: Long Residence (10 years) SET (LR) applications

Post by learner29 » Wed May 24, 2017 10:16 am

eoo10 wrote:
yes seems to be with non eu only. EU residents are getting their ILR without much delay. Seems to be HO policy

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CR001
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Re: Long Residence (10 years) SET (LR) applications

Post by CR001 » Wed May 24, 2017 12:16 pm

learner29 wrote:
eoo10 wrote:
yes seems to be with non eu only. EU residents are getting their ILR without much delay. Seems to be HO policy
Nothing to do with HO policy.

EU PR is a completely difderent and separate set of rulea and refulations under the directive tHan ILR under the UK immigration rules.

EU PR is automatically attained, what they apply for is simple confirmation of the status.
Char (CR001 not Casa)
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Rstahiri
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Re: Long Residence (10 years) SET (LR) applications

Post by Rstahiri » Wed May 24, 2017 5:17 pm

Hi

I applied for Ilr in long residences basis which was refused, i went on appeal still waiting for the decision or hearing date. My Visa is expiring on 2nd of June.
-can you please confirm will act of 3C cover me after my visa expires since i am on appeal?
-Since I am waiting for the hearing, my family is with me in uk, their visa also expiring, can you guys please advise me which application should i send for them, i mean which application form i need to use to apply for them as i don't want them to be illegal?
-My eldest kid will be of 7 year in oct, can we apply on 7 years route now?
-what is the success rate of 7 year family route?

Thanks

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

Post by CR001 » Wed May 24, 2017 6:09 pm

Rstahiri wrote:Hi

I applied for Ilr in long residences basis which was refused, i went on appeal still waiting for the decision or hearing date. My Visa is expiring on 2nd of June.
-can you please confirm will act of 3C cover me after my visa expires since i am on appeal?
-Since I am waiting for the hearing, my family is with me in uk, their visa also expiring, can you guys please advise me which application should i send for them, i mean which application form i need to use to apply for them as i don't want them to be illegal?
-My eldest kid will be of 7 year in oct, can we apply on 7 years route now?
-what is the success rate of 7 year family route?

Thanks
Your question on 3C has already been answered. Please continue in your topic.

indefinite-leave-to-remain/act-3c-t231529.html#p1487705
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.

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

Post by abbashassan » Thu May 25, 2017 9:09 am

geriatrix wrote:Do you have it in writing that the judge extended your leave under section 3c upon receiving an out of time request for permission to appeal in the UT? Or are you assuming that because an out of time request for permission to appeal in UT was accepted means that your section 3c leave was resurrected by the judge? It is not clear which one of the two it was with you.

Anyways, given that the matter has been made clear in the new guidance, I believe a judge today could say, if the matter goes to court, that the judge who resurrected your section 3c leave (if that is so) was wrong in interpreting the law.

I would suggest that you consult a competent solicitor on this.
what about this situation below:
I would like to share one of my friend case here well and need advice for him.
He came is student in July 2007 as student.
He done all student extension on time and was always given student extensions on time.
He then applied PSW in April 2012 And was given for 2 years until April 2014.
In April 2014 he applied for entrepreneur visa tier 1.
He was called for interview but later refused in December 2014 because of some problem with funds but his good luck he had right of appeal.
Appeal was heard and rejected in June 2015. He went to upper tribunal and from there also rejected in October 2015.
He was send the letter to leave country within 28 days and he submitted new application in November 2015 on basis of human right within that 28 days. Human right application because his wife had discretionary leave.
The human right application was also rejected on July 2016 with right of appeal and now he got hearing in July 2017. And he will complete 10 years in July as well.
Now there is 2 possibilities either court accept or reject ..
If court reject then can he go on premium service for ILR on basis of 10 years.

He never made out of time application or appeal.
Please guide us if in case of refusal, can he go for ILR at premium service. Everyone knows it's a lot of money and can't go unless it's sure they will not object.

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