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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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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)
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.

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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CR001
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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.

ba278
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Re: Long Residence (10 years) SET (LR) applications

Post by ba278 » Thu May 25, 2017 9:30 am

Hi All,

Does anyone know if Doctorate Extension Scheme (DES) is counting towards ten years settlement?
I was on tier 4 visa for 7 years, I was on tier 2 for two years and I am going to apply for on year DES visa. Can I apply for ILR after my DES finished?

Kind Regards,
Ben

731737342
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Re: Long Residence (10 years) SET (LR) applications

Post by 731737342 » Thu May 25, 2017 8:31 pm

Anyone can get reply after filled the question the tax returns and as 302 document answer

731737342
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Re: Long Residence (10 years) SET (LR) applications

Post by 731737342 » Thu May 25, 2017 8:33 pm

Moon84 wrote:
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.
Hi moon I got same question and letter for 2 year old son

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

Post by oluwa » Thu May 25, 2017 11:26 pm

Good evening everyone,

I have been a visitor on this website since 2016 but just registered today so that I could share my journey just to encourage someone.

I applied for ILR via Tier 1 General route in January 2016 (postal application). I received the automated email once a month stating that my application was still under consideration. After 6 months I stopped receiving the email and I hadn't received any decision. I called UKVI on different occasions but was told it was still pending.

In October 2016 I sent an email to UKVI stating that I had given birth to my first child and due to my docs being with them I couldn't invite my family to support me as I was alone with my child. I received a reply email from them the next day inviting me for an interview in Bradford early November 2016.

I went for the interview and questions were asked about my employment. I didn't hear from them till March 2017 via text and email stating that I had no right to remain in the UK because my leave expired in February 2017. This was a shock as I hadn't received any decision from them. Thereafter I received a letter from the Admin Review team stating that I hadn't put in an admin review and time had lapsed for such. I wrote a letter to them stating that I hadn't received any decision from them and that I had provided a special delivery bag for returns which hadn't been used by them.

The refusal was then posted to me late March 2017 (without my docs or passport) and I was granted 14 days for Admin review. Refusal was based on genuine earnings test as I had used overseas earnings in my application.

Following this refusal it was a case of should I go for Admin review or put in a fresh application based on 10 years long residence as I had qualified for 10 years in October 2016 (I came to UK 2006 as a student, then IGS, PSW and Tier 1 General).

I booked a PSC appointment end of March for Set LR application (10 years Long Residence) thereby forfeiting my right for admin review for my previous application. My booked appointment date was April 2017 at Sheffield PSC. I went for the appointment with all relevant docs apart from previous passports that were stolen in a burglary (although I had photocopies). I was no 2 to be seen on the day, the staff were friendly and polite. After 4 hours of waiting my caseworker came and told me that my current passport was enroute to them and that since my passports were stolen they will need to verify my absences. CW acknowledged that I submitted a police report of the burglary incident in which passports were stolen.

CW gave me letter stating I submitted a valid application and that they will need to conduct further enquiries to reach a final decision.

2 weeks after my PSC appointment I received the documents sent with my previous ilr (tier 1 route) application without passport as passport was sent to CW for fresh application and letter was enclosed stating that time for my admin review had lapsed but that they are aware I have put in a fresh application.

Finally on 23rd May, card was left that I had special delivery to be signed for. I went the next day 24th May to collect my parcel from royal mail which contained my passport, docs and approval letter for ilr. On the same 24th May, BRP was attempted to be delivered but I didn't hear them knock so card was left. I rearranged delivery for 25th May and glory to God my BRP was delivered.

It has been a very long journey but it all worked together for my good. I have never been in breach of any immigration rules and have no criminal convictions.

I can now register my child as a citizen.

Please everyone don't give up, let your faith arise and hope for the best even when it looks like there's no hope.

I wish you all the best and thank you immigration boards for all your help. Moderators I applaud you and say well done.

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

Post by sunnysunny1994 » Fri May 26, 2017 9:13 am

731737342 wrote:
Moon84 wrote:
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.
Hi moon I got same question and letter for 2 year old son
Hi all,
did anyone get questionnaire about company taxes or just SA302 and children. HO has asked me questionnaire, SA302 and company taxes and about muy children. As i already mentioned that my children are not here in UK.

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