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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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Ilr17
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Joined: Fri Jul 14, 2017 10:04 pm

Re: Long Residence (10 years) Overstay 23days in 2013

Post by Ilr17 » Sat Jul 15, 2017 12:03 pm

Ilr17 wrote:Dear members, I am going to apply ILR next mont through 10 years route.
Came to UK in Sep 2007 with valid student visa, +psw+student+dependent
Currently T2 dependent

In 2013, I made application for T4 dependent on 11/10/2013 and got refused incorrectly by HO with no ROA. Then my student visa was curtailed on 26/11/2013. Then I made new application for T4 dependent on19/12/2013, granted on 09/04/2014.

This makes me overstayed 23days from26/11 to 19/12 which is allowed in the long residence guidence and continues residence remains. Rectify me if I am wrong.

Would Any senior members advise on following questions:

Q1 given my 10 year is not broken, is it still necessary to justify this 23-day gap in the cover letter?
Q2 As I switch from dependent of T2 General, is it mandatory to attach my husband pay slips and bank statements?

Thank you very much for your valuable advice.
Can anyone help plzzzzzzz? Much appreciated!!

amjadleeds
Member of Standing
Posts: 262
Joined: Sat Mar 26, 2011 9:33 pm

Re: Long Residence (10 years) Overstay 23days in 2013

Post by amjadleeds » Sat Jul 15, 2017 3:02 pm

Hi
I had a quite similar case base in 2005/2006, HO put moving direction and later case was withdrawn but in 2006 I applied extension 15 days late due to case was in high court and passport was with HO, but HO consider my case as break from March 2006 till July 2007, Near to my thought 28 days rule only apply if you apply few days late like I did 15 days but if they allow you visa within 28 days then otherwise will consider until new visa allowed because 3C normally not apply when your visa expire even you apply after one day.
In my case even case was in court. Everyone has different situation so hope for best,

Regards
Amjad from Leeds
amjadleeds
Member

Posts: 234
Joined: Sat Mar 26, 2011 9:33 pm


Ilr17 wrote:
Ilr17 wrote:Dear members, I am going to apply ILR next mont through 10 years route.



Came to UK in Sep 2007 with valid student visa, +psw+student+dependent
Currently T2 dependent

In 2013, I made application for T4 dependent on 11/10/2013 and got refused incorrectly by HO with no ROA. Then my student visa was curtailed on 26/11/2013. Then I made new application for T4 dependent on19/12/2013, granted on 09/04/2014.

This makes me overstayed 23days from26/11 to 19/12 which is allowed in the long residence guidence and continues residence remains. Rectify me if I am wrong.

Would Any senior members advise on following questions:

Q1 given my 10 year is not broken, is it still necessary to justify this 23-day gap in the cover letter?
Q2 As I switch from dependent of T2 General, is it mandatory to attach my husband pay slips and bank statements?

Thank you very much for your valuable advice.
Can anyone help plzzzzzzz? Much appreciated!!

Ilr17
Newly Registered
Posts: 11
Joined: Fri Jul 14, 2017 10:04 pm

Re: Long Residence (10 years) Overstay 23days in 2013

Post by Ilr17 » Sat Jul 15, 2017 9:20 pm

amjadleeds wrote:Hi
I had a quite similar case base in 2005/2006, HO put moving direction and later case was withdrawn but in 2006 I applied extension 15 days late due to case was in high court and passport was with HO, but HO consider my case as break from March 2006 till July 2007, Near to my thought 28 days rule only apply if you apply few days late like I did 15 days but if they allow you visa within 28 days then otherwise will consider until new visa allowed because 3C normally not apply when your visa expire even you apply after one day.
In my case even case was in court. Everyone has different situation so hope for best,

Regards
Amjad from Leeds
amjadleeds
Member

Posts: 234

Thank you very much for your reply. Although I have an out of time application 23days, it got approved at the end. So I do not think 10 year has broken. I need to see the guidence on government website again. Could anyone else make an comment on my case?
Joined: Sat Mar 26, 2011 9:33 pm


Ilr17 wrote:
Ilr17 wrote:Dear members, I am going to apply ILR next mont through 10 years route.



Came to UK in Sep 2007 with valid student visa, +psw+student+dependent
Currently T2 dependent

In 2013, I made application for T4 dependent on 11/10/2013 and got refused incorrectly by HO with no ROA. Then my student visa was curtailed on 26/11/2013. Then I made new application for T4 dependent on19/12/2013, granted on 09/04/2014.

This makes me overstayed 23days from26/11 to 19/12 which is allowed in the long residence guidence and continues residence remains. Rectify me if I am wrong.

Would Any senior members advise on following questions:

Q1 given my 10 year is not broken, is it still necessary to justify this 23-day gap in the cover letter?
Q2 As I switch from dependent of T2 General, is it mandatory to attach my husband pay slips and bank statements?

Thank you very much for your valuable advice.
Can anyone help plzzzzzzz? Much appreciated!!

Ilr17
Newly Registered
Posts: 11
Joined: Fri Jul 14, 2017 10:04 pm

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

Post by Ilr17 » Sat Jul 15, 2017 10:17 pm

New to the board, not sure how to reply, quote too much :?
Thanks again for your reply. In your case, your 15 day late extension took place in 2006, that was way before 2012. By then the longest overstaying period allowed is 10days.
After 2012 and befor 11/2016, if the overstaying period is 28days or less, it should be disregarded.

This is a different issue from 3C.

My question is: for a single gap which is allowed in lawful residence, do I need to provide extensive justification for that single gap in the application cover letter? Waiting for expert's opinion! Thank you.

amjadleeds
Member of Standing
Posts: 262
Joined: Sat Mar 26, 2011 9:33 pm

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

Post by amjadleeds » Sat Jul 15, 2017 11:28 pm

Hi

Hope senior member will give views on your case,

Best wishes,


Amjad from Leeds

Ilr17
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Re: Long Residence (10 years) SET (LR) applications

Post by Ilr17 » Sun Jul 16, 2017 11:19 am

amjadleeds wrote:Hi

Hope senior member will give views on your case,

Best wishes,


Amjad from Leeds
Thanks a lot for your view. Best wishes!

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

Post by CR001 » Sun Jul 16, 2017 11:27 am

Ilr17 wrote:
amjadleeds wrote:Hi

Hope senior member will give views on your case,

Best wishes,


Amjad from Leeds
Thanks a lot for your view. Best wishes!
@ILr17 - you will likely get a better response if you start your own topic rather than posting in a General Discussion one. Not many members look at posts in this topic.
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.

stanmore06
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Posts: 15
Joined: Sat Dec 10, 2016 2:42 pm

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

Post by stanmore06 » Sun Jul 16, 2017 7:58 pm

Hi all, I applied for ILR set(LR) using the premium service at Croydon. before applying I had a pending appeal for eea4 PR which was refused twice due to issues regarding evidence of dependency. I withdraw my appeal and went for set LR at PEO CROYDON. The application was accepted but differed for further checks because passport was with Euro Dept. in Liverpool. 10 days later HO requested further evidence which was submitted and within the first week of May, I received ILR confirmation with BRP. All in all, it took exactly 1 months. I want to thank the admin and moderators of this forum for all their assistance and everyone who contributed here to advise. However, I will like to ask which is best route for me to apply for my spouse because her ee4 pr appeal is still pending and she will be 9yrs in UK this August. Are there any options for her through my own settled status?
Thanks

Vesh123
Junior Member
Posts: 97
Joined: Sat Oct 08, 2016 3:40 pm

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

Post by Vesh123 » Mon Jul 17, 2017 12:03 am

Hi, if I go for set(LR) for any premium service, would they give questionnaire on same day or just will take my documents?

Thanks Vesh

Ilr17
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Posts: 11
Joined: Fri Jul 14, 2017 10:04 pm

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

Post by Ilr17 » Mon Jul 17, 2017 12:53 pm

CR001 wrote:
Ilr17 wrote:
amjadleeds wrote:Hi

Hope senior member will give views on your case,

Best wishes,


Amjad from Leeds
Thanks a lot for your view. Best wishes!
@ILr17 - you will likely get a better response if you start your own topic rather than posting in a General Discussion one. Not many members look at posts in this topic.
Thank you. I will do that.

amjadleeds
Member of Standing
Posts: 262
Joined: Sat Mar 26, 2011 9:33 pm

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

Post by amjadleeds » Tue Jul 18, 2017 12:13 am

Hi

I came on student visa in 2002, first extension in 2003 till 2006, in between due to someone complaint that I am working full time but actual I was part time HO made case in 2005 and case was withdraw by HO in August 2007. During 2006 my visa expired due to HO was holding my passport that why my solicitor applied 15 days late and even case was in High court. During 2007 HO withdraw the case and agreed to authorise visa with ex-gratia payment.
I have applied ILR in 2012 and applied family visa on basis of private family life but before my decision they have refused my family visa with right of appeal. My family got visa and they have attached me with my family. HO has mentioned in decision letter that due to you have applied 15 days late in 2006, so your period broken and we are not using senior CW discretion.
My son is 16 year old and last 12 year and 6 month here, my daughter born and got British Passport, other my daughter 6 year old British born,
Currently I am on private and family life visa which will be expire in 2019.

I am looking to apply for son on basis of 10 year rule, he has completed 12 year in the UK but due to Main applicant one application was late back in 2006, Now he has completed his own 10 year even after that break in 2006, my question is it still link with main applicant ?. Because main applicant self employment return totally missed by accountant and only submitted employment back in 2010 which just been rectify.
Your thought and advice will be really appreciate,

Thanks
Regards
Amjad from leeds

eoo10
Member
Posts: 118
Joined: Wed Apr 12, 2017 11:38 am

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

Post by eoo10 » Tue Jul 18, 2017 4:19 am

amjadleeds wrote:Hi

I came on student visa in 2002, first extension in 2003 till 2006, in between due to someone complaint that I am working full time but actual I was part time HO made case in 2005 and case was withdraw by HO in August 2007. During 2006 my visa expired due to HO was holding my passport that why my solicitor applied 15 days late and even case was in High court. During 2007 HO withdraw the case and agreed to authorise visa with ex-gratia payment.
I have applied ILR in 2012 and applied family visa on basis of private family life but before my decision they have refused my family visa with right of appeal. My family got visa and they have attached me with my family. HO has mentioned in decision letter that due to you have applied 15 days late in 2006, so your period broken and we are not using senior CW discretion.
My son is 16 year old and last 12 year and 6 month here, my daughter born and got British Passport, other my daughter 6 year old British born,
Currently I am on private and family life visa which will be expire in 2019.

I am looking to apply for son on basis of 10 year rule, he has completed 12 year in the UK but due to Main applicant one application was late back in 2006, Now he has completed his own 10 year even after that break in 2006, my question is it still link with main applicant ?. Because main applicant self employment return totally missed by accountant and only submitted employment back in 2010 which just been rectify.
Your thought and advice will be really appreciate,

Thanks
Regards
Amjad from leeds

Hi,
I think your son has now qualified in his own right hence he is able to apply for ILR base on long residence.
I don't think you should be repeating your question every now and then I found it a bit annoying!

amjadleeds
Member of Standing
Posts: 262
Joined: Sat Mar 26, 2011 9:33 pm

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

Post by amjadleeds » Tue Jul 18, 2017 9:40 am

Hi

Many thanks, sorry for sending same question few time,
Regards
Amjad Leeds

MALIK336
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Re: Long Residence (10 years) SET (LR) applications

Post by MALIK336 » Tue Jul 18, 2017 11:15 am

Hi dose anyone got approval yet ??

jimmy38
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Joined: Tue Jul 18, 2017 12:12 pm

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

Post by jimmy38 » Tue Jul 18, 2017 12:19 pm

Tee456 wrote:Dear member please help me on below as desperately need help.

I need your expertise on my immigration matter as below:

2007 - 2010. Student Visa
2010 - 2012. Post Study Worker Visa
(My wife joined me in UK as PSW dependent during 2011, staying always dependent later)
2012- Applied FLR (O)

2013- Refusal with rights of appeal

During 2013- 2015 - FTT refused- UT refused and Court of Appeal exhausted all appeal rights with no permission for hearing (3c leave ends here..?)

Applied fresh application FLR (FP) on compassionate grounds within 28 days of Court of Appeal decision which is still pending till now with fees deducted, biometrics done and IHS paid as well for me and 1 dependant wife.

During May 2017 I have completed 10 years residency in UK with above situations and current application still pending for decision.

Kindly let me know if I can apply for settlement ILR on this occasion and how ?

Please advice in case of accepted FLR, my previous continuity of residence will be counted for 10 years ILR.

Should I go ahead for ILR and if rejected then where I fall?

Kindly ask whatever needed.

Thank you very much and kind regard

-- Tee

Hi tee,

I hope you are ok and wish your problem get solve.

Did your 3C was active till your appeal was refused for Hearing by Court of appeal?

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

Post by Shaz321 » Sat Jul 22, 2017 11:03 pm

Hi Guys, I need some clarity regarding 3C leave and if I’m eligible to apply for SET (LR) i.e. ILR through 10-year route

Brief background:

I applied for ILR through Tier 1 General route i.e. SET(O) in Feb’16. I had a tax amendment for tax year 2010/11 so my application was finally refused, after couple of Admin Reviews, in August’16.
I submitted a fresh ILR application, SET(O), within 14 days in Sep’16 which is now refused again in July’17. My 10 years are completing in Sep’17 and I can apply for SET (LR) 28 days before, in August’17.

Here’s the question:

I’ve been told two different opinions regarding my eligibility for SET (LR).

Opinion 1: Since the refusal of my first application in August’16, I’m an over stayer and therefore my time since then does not count towards 10 years criteria for SET(LR)
Opinion 2: I had submitted the fresh application within 14 days from the refusal of previous application, my stay is legal and therefore counts towards 10 year route.

Which one is right. Please advise

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

Post by CR001 » Sun Jul 23, 2017 9:42 am

Shaz321 wrote:Hi Guys, I need some clarity regarding 3C leave and if I’m eligible to apply for SET (LR) i.e. ILR through 10-year route

Brief background:

I applied for ILR through Tier 1 General route i.e. SET(O) in Feb’16. I had a tax amendment for tax year 2010/11 so my application was finally refused, after couple of Admin Reviews, in August’16.
I submitted a fresh ILR application, SET(O), within 14 days in Sep’16 which is now refused again in July’17. My 10 years are completing in Sep’17 and I can apply for SET (LR) 28 days before, in August’17.

Here’s the question:

I’ve been told two different opinions regarding my eligibility for SET (LR).

Opinion 1: Since the refusal of my first application in August’16, I’m an over stayer and therefore my time since then does not count towards 10 years criteria for SET(LR)
Opinion 2: I had submitted the fresh application within 14 days from the refusal of previous application, my stay is legal and therefore counts towards 10 year route.

Which one is right. Please advise
Your section 3C protection ended the date your visa expired considering all subsequent applications/AR have been refused so you don't have continuous residence.
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.

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

Post by Shaz321 » Sun Jul 23, 2017 2:07 pm

Hi CR001,

My second application is refused in July'17 and I have 14 days to submit AR. UKVI are supposed to reply within 28 days from the date of submission of AR. Which would take me to the end of august'17. Would that cover 10 years.

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

Post by CR001 » Sun Jul 23, 2017 3:33 pm

Shaz321 wrote:Hi CR001,

My second application is refused in July'17 and I have 14 days to submit AR. UKVI are supposed to reply within 28 days from the date of submission of AR. Which would take me to the end of august'17. Would that cover 10 years.
You would need AR to be successful for your overstay to be ignored.
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.

haryharsan
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India

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

Post by haryharsan » Mon Jul 24, 2017 2:34 am

Hi all
Can anyone please clarify.
1. applied tier 1 entrepreneur visa in 2013 got refused
2. went to appeal first tier tribunal and granted
3. UKBA went to upper tribunal and decision made as "upper tribunal has decided to set a side the decision of the first-tribunal remit the matter to the first tier tribunal"
first tier tribunal re-decided by the way of hearing in the favor of UKBA which means they refused my application.
4. i went to upper tribunal and got refused on 16Feb2015.
5. applied tier 2 general with in 28days which was on 4th of march 2015 and granted.

So does it breaks my 10years continuous long residency ?

please give me your valuable opinion asap

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

Post by eoo10 » Mon Jul 24, 2017 8:19 am

ishara123 wrote:Hello All,
Just want to give some update on my case. It's been almost 7 months since applying for Set (LR). I have contacted UKVI today (Contact Number 03001232241) and explained the situation as I need to travel as part of my Job. HR also gonna send a letter to home office behalf of me. So, at the end of the telephone conversation (After waiting almost 30 mins), they have given me a call reference number and also informed that Home office will contact me within 5 working days.

PS : If you want to know about my situation, please follow the previous post kindly.

Thank you.
Hi ishara123,
Do you have any update from UKVI yet? I know you were given 24th July! Please update the forum of the progress. All the best.

haryharsan
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India

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

Post by haryharsan » Mon Jul 24, 2017 12:33 pm

haryharsan wrote:Hi all
Can anyone please clarify.
1. applied tier 1 entrepreneur visa in 2013 got refused
2. went to appeal first tier tribunal and granted
3. UKBA went to upper tribunal and decision made as "upper tribunal has decided to set a side the decision of the first-tribunal remit the matter to the first tier tribunal"
first tier tribunal re-decided by the way of hearing in the favor of UKBA which means they refused my application.
4. i went to upper tribunal and got refused on 16Feb2015.
5. applied tier 2 general with in 28days which was on 4th of march 2015 and granted.

So does it breaks my 10years continuous long residency ?

please give me your valuable opinion asap
Can any one reply on above q?

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

Post by Cald » Mon Jul 24, 2017 2:29 pm

Hi,

My husband had a same day service appointment booked for tomorrow for his ilr 10 years application.

The lawyer just messaged this morning to say it has to be cancelled because his English test is not on the list.

He has used this test for previous applications without a problem.

The test is as follows
Trinity college london
Grade 5 graded examination in spoken English
Entry level certificate in ESOL international (speaking and listening) (entry 3)
B1.1 of the CEFR with distinction

could someone please advise whether this is really no longer acceptable.

I thought that it was row 8 on the new list, but now I'm not sure.

Many thanks

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

Post by joomlajunkie » Mon Jul 24, 2017 4:20 pm

Hello all,

I am planning to apply for ILR 10 year route.
My history in UK is pretty straightforward
2007 - 2009 as student
2009 - 2011 PSW
2011 - 2015 PhD student
2015 - 2018 Tier II

My query is what visa category would my wife need to apply for and whether she needs to -
1. Give English Language test. She passed IELTS back in 2010 when she joined me, but that would no longer be valid.
2. Do we need to give proof of minimum income requirement

We also have a son who will be 5 next month. He has an Indian passport. Do we need to apply for this visa as well or once I get my ILR, we can apply straight for naturalisation for him?

Any help much appreciated as this seems to be a maze to wade through.

faysal_cu
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Posts: 49
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Bangladesh

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

Post by faysal_cu » Tue Jul 25, 2017 1:28 pm

Dear members,
i need ur valiable advice plz. i m in big dilemma atm. I came this country in january 2007 and keep extain my visa till january 2016 without no refuse or anything. all of my visa was student and psw.

in january 2016 i applied flr fp

than varied that application in April with another flr fp

than in July make set o application

and lastly make early set lr application to make my 3c continue but all of my application was pending and my variation was before makes a decision.

now the problem is its 9 month but no reply at all. i did send letter through my solicitor, they reply complex issue. than in may my local mp contact and they reply its takes time. in June my solicitor contact with them but no reply. last year December i did try to upgrade my application from postal to premium but that was refuse without any explanation. i did contact by several time but no response. online tracker has been updated two months ago. over the phone i did requested to contact me my case worker to times by phone not email but every time they said case worker will contact with me with in 5 working days but no responses at all.

so i hv no other option to go without premium service. my question u guys to,

what do u think should i wait more or book my premium service.

2. do i need to take my legal representative with me? does it really important? what is his job over there? or its just wasting money?

@eeee10, legalkhan and other guru member plz advice me.

thnx and hope everyone will short their issues soon.

thnx again.

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