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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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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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Location: London
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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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Posts: 17
Joined: Tue Aug 23, 2016 8:57 pm

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
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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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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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Joined: Mon Jul 24, 2017 2:14 pm

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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Posts: 6
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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.

legalkhan
Member
Posts: 201
Joined: Thu Jul 03, 2014 10:25 pm
Pakistan

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

Post by legalkhan » Tue Jul 25, 2017 4:53 pm

Dear Faysal,
As you know I am exactly in the same situation as you are, no exceptional or complex circumstances. They have already got all the relevant docs of my previous visa which they had requested. In the last letter sent by them they said after getting their hands on required docs they will decided my application fully and promptly. Its been 2 months since that letter. All the people been exactly in the same situation as me have already got their decisions. In my SAR it clearly says the target processing time they set was 6 months. I requested SAR, communicated with them a few times, waiting for MP response and according to your advice might bring it to same day service. The irony is " it looks like we have been checked and thoroughly investigated like if this is the 1st time some one has applied for ILR. In our cases 6480 hours are not enough to carry out all the checks and investigation about us (Postal applications) but one the other hand they miraculously do all checks with in 45 mins about the applicants applying on same day service. A really big joke.

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 25, 2017 5:11 pm

faysal_cu wrote: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.
Hi,
I'm really short of words as I do not know what to advice. All I know is that UKVI has unfairly treated SET (LR) Postal applicants. We are all currently at the mercy of this government department, hoping that the post man will knock on our doors daily.The kids are on summer break but unfortunately one can not plan a holiday for them due to UKVI wickedness. We will keep fingers crossed and pray for more grace to endure the waiting game.

MALIK336
BANNED
Posts: 69
Joined: Mon Jun 12, 2017 6:15 pm

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

Post by MALIK336 » Tue Jul 25, 2017 6:20 pm

eoo10 wrote:
faysal_cu wrote: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.
Hi,
I'm really short of words as I do not know what to advice. All I know is that UKVI has unfairly treated SET (LR) Postal applicants. We are all currently at the mercy of this government department, hoping that the post man will knock on our doors daily.The kids are on summer break but unfortunately one can not plan a holiday for them due to UKVI wickedness. We will keep fingers crossed and pray for more grace to endure the waiting game.
yh you are right my case bin with ho for more then 3 year now i know 4 ppl who waited 12 years to get answer

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 25, 2017 6:49 pm

MALIK336 wrote:
eoo10 wrote:
faysal_cu wrote: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.
Hi,
I'm really short of words as I do not know what to advice. All I know is that UKVI has unfairly treated SET (LR) Postal applicants. We are all currently at the mercy of this government department, hoping that the post man will knock on our doors daily.The kids are on summer break but unfortunately one can not plan a holiday for them due to UKVI wickedness. We will keep fingers crossed and pray for more grace to endure the waiting game.
yh you are right my case bin with ho for more then 3 year now i know 4 ppl who waited 12 years to get answer

So you have being waiting for "4 years for an application and you also know people who have being waiting for 12 years"! You case and that of the people you know must be different from ours. I think you should create your own time line so that you can motivate others like you. Your comment send are very discouraging and I believe no one here needs such negative comments in a time like this. Like I said desist from commenting your case on people post and please do create your own timeline so that more experience member can advice you on way forward.

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

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

Post by Vesh123 » Tue Jul 25, 2017 7:26 pm

Hi Legalkhan and @e000000 or any senior member .

If you could help me regarding my below query.

I have been in Uk since Aug 2007 and extended leave continuously as student , PSw and Tier 1 general till April last year(without any gap). Last year I went in person for ILR and they refused but I still had my valid leave and before that leave expired I sent an fresh application by post which is still pending to date. My question is my 10 years are completing next month so can I Vary my application to SET(LR) and despite my last refusal do I have continuous 10 years?

Thanks hope to hear from you soon.
Vesh

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 25, 2017 7:45 pm

Vesh123 wrote:Hi Legalkhan and @e000000 or any senior member .

If you could help me regarding my below query.

I have been in Uk since Aug 2007 and extended leave continuously as student , PSw and Tier 1 general till April last year(without any gap). Last year I went in person for ILR and they refused but I still had my valid leave and before that leave expired I sent an fresh application by post which is still pending to date. My question is my 10 years are completing next month so can I Vary my application to SET(LR) and despite my last refusal do I have continuous 10 years?

Thanks hope to hear from you soon.
Vesh
Hi,
You should be able to vary to SET(LR) but it is highly likely that the precious checks that was carried out will still be carried out in the case of SET (LR) but there is no harm in trying though.

bluebia
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Posts: 2
Joined: Tue Jul 25, 2017 7:33 pm

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

Post by bluebia » Tue Jul 25, 2017 7:48 pm

Good Evening all,


If someone has valid visa, applies visa renewal before expiry, gets refusal with appeal right, uses appeal rights, appeal is lost, within 28 days applies for new application which after wait of some months gets granted,

Is continues leave towards 10 years Long Residence broken in above situation?

Since he exhausted appeal rights, if he makes a new application within 28 days of court decision , what will be his status during this period until visa grant date as he was overstayer when he applied?

Is there any Home Office rules or case law which you can quote here please?

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

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

Post by Vesh123 » Tue Jul 25, 2017 8:10 pm

eoo10 wrote:
Vesh123 wrote:Hi Legalkhan and @e000000 or any senior member .

If you could help me regarding my below query.

I have been in Uk since Aug 2007 and extended leave continuously as student , PSw and Tier 1 general till April last year(without any gap). Last year I went in person for ILR and they refused but I still had my valid leave and before that leave expired I sent an fresh application by post which is still pending to date. My question is my 10 years are completing next month so can I Vary my application to SET(LR) and despite my last refusal do I have continuous 10 years?

Thanks hope to hear from you soon.
Vesh
Hi,
You should be able to vary to SET(LR) but it is highly likely that the precious checks that was carried out will still be carried out in the case of SET (LR) but there is no harm in trying though.
Thank eoo10, so if I do vary then my 3c will continue ?

Thanks Vesh

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 25, 2017 8:14 pm

Vesh123 wrote:
eoo10 wrote:
Vesh123 wrote:Hi Legalkhan and @e000000 or any senior member .

If you could help me regarding my below query.

I have been in Uk since Aug 2007 and extended leave continuously as student , PSw and Tier 1 general till April last year(without any gap). Last year I went in person for ILR and they refused but I still had my valid leave and before that leave expired I sent an fresh application by post which is still pending to date. My question is my 10 years are completing next month so can I Vary my application to SET(LR) and despite my last refusal do I have continuous 10 years?

Thanks hope to hear from you soon.
Vesh
Hi,
You should be able to vary to SET(LR) but it is highly likely that the precious checks that was carried out will still be carried out in the case of SET (LR) but there is no harm in trying though.
Thank eoo10, so if I do vary then my 3c will continue ?

Thanks Vesh
Yes I believe so.

Shaz321
Newly Registered
Posts: 17
Joined: Tue Aug 23, 2016 8:57 pm

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

Post by Shaz321 » Tue Jul 25, 2017 10:01 pm

CR001 wrote:
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.
Thanks CR001. So it seems like I only have one option and that is to go for Judicial Review.
My fiancé is currently on student visa. We are getting married in couple of months. Can I switch to dependant visa while my JR is in process? Considering I have now overstayed.

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