Long Residence (10 years) SET (LR) applications

Nasara wrote:Hello everyone in this forum.My head is splitting and don't know what to do.I will appreciate it very much if you could help.
I have been in this country for ten years now.My first five years I was on a student visa.In the fourth year of my stay I got married to an Irish national.We lived together for four years before we split.
It wasn't a pleasant one .My wife has since move out of our marital home.
This year,after living here in UK for ten years ,I applied for indefinite leave to remain based on the ten years I have legally live in this country using SET(LR) form.
My application was refused because my former wife refused to give me any supporting documents to process my application.
The reason for refusal was that the last five years of my stay in this country was not under any immigration control and as such would not count towards my ten year stay in uk.
I'm devastated.I have been given the right of appeal though.
If any member has had this experience or ever dealt or heard of situation like this,I would appreciate it very if they can give me any information.
I must add that we are only separated no divorce has been filed yet.
Thank you all in advance.

The case worker should have applied discretion! Your post seems confusing because you state " your wife did not help you with any supporting documents and then you say it was refused because the time you spend in the last five years was not under immigration control"

If the ilr was refused due to the last visa not being under immigration control how your ex wife's help would have helped you? There are many members on the forum who were in the same situation as you and still got ilr with mixed visas! Can you write the full statement in the refusal letter please?[/b]

saj626 wrote:

saj626 wrote:Dear Members
just an update.
Varied Application FLR (O) to SET (LR) 3rd MAY 2016 Via Special Delivery
Application Received on 4th May 2016.
Fee deducted on 5th May 2016 (Debit Card)
Acknowledgement Letter: Not Received
Biometric Enrolment Letter: Received on 20th June Monday B E L dated 17th June 2016.
Biometric Done at post office 21 June 2016.
Premium upgrade request on 21 June 2016.
Premium upgrade request accepted 22 june 2016.
Refund received for FLR (O) 22 june 2016.

Approval letter dated 28 JUNE received on 29 JUNE.
BRP received on 8th JULY.

augilr2016 wrote:Hi,

I'm applying for ILR soon in August 2016.

I have 2 questions:

1. While filling the new form 03/2016 version, on the Page 1, it says that I need to fill the reasons or grounds why I want to stay in UK in section 3.2 but section 3.2 in the form refers to "Life in UK" test. The only section I can find close is D17 on Page 15. Am I missing something?

2. I went to Republic of Ireland and Northern Ireland for a tourist tour but on my way back to UK (Manchester) I did not get an entry stamp in my passport. I still have the booking ticket for the flight back and also a booking confirmation for the train from the airport to home. Will this be sufficient?

Thank you.

I just got my ILR through 10 years long residency

1. I was confused about the section 3.2 too. I think they have change the content of the application without changing the front page or so. I thought of ask about that when I was at the PEO but I forgot. I haven't done anything specific about it and they didn't question about it either.

2. You don't need evidence to show how long you have been out of the country as long as you honestly declare the dates. I had 22 number of outbound travels (I just count the number of stamps on my passport, god knows whether the dates I have been given was right or wrong). However I have tally up the outbound stamps and inbound stamps to the best of my knowledge. I think I read somewhere in the guidance that they are looking for available evidence not the missing stamps as it was out of your control.

If you have any questions drop me a line.

SaadiaSaeed wrote:My question is that my 3c leave was broken on 28th March when my solicitor delayed the submission but resurrected on 9 May when judge accepted the application for permission to appeal in upper tribunal. That is the gap 11 days, which is less than 28 days disregarding period.( according to 3c act 2014)
The recent 3c act March 2016 states that if someone makes a out of time appeal or permission even the judge accepted the permission,can't resurrect the 3c. According to this then my 3c was broken in 2014 and still is broken.
So confused which 3c act ukvi apply on my application the 10 years long residence?

Hello SaadiaSaeed,

I am in a very similar situation as you have described in your case. My appeal was delayed by 2 days by my solicitor which was deemed as "out of time appeal" by the first tier tribunal.Despite receiving all the documents from me in time and acknowledging in her client's contract (dated well within time of appeal) that she was going to submit my appeal she still delayed it to the last minute. In the end, however, the judge accepted my appeal and mentioned in his letter that my representatives incorrectly calculated the time period which was not my fault. The judge also added that "the appellant representatives do not appear to be aware of the tribunal procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014".

I just read your post about section 3c and now I am worried if this applies in my case. I would really appreciate if you could give me an update here on this forum if the break in section 3c affected you as I am looking to apply for the long residency visa in 1.5 months time.

Thanks

Hello everyone,
I am soon applying for my ILR [10 years base] but I have one question in mind, if someone could help me please.

In 2014-2015 I left job [Jan 2014] and become self employed [2014-2015] but due to my laziness I didn't contact any accountant and my submission of tax was late by good 9 months.
Though after that I paid the plenty £100 for late submission and this year tax is on time.

I read in the form that the HO takes amendments seriously but do they take delays seriously as well, I mean serious enough to reject the case???

Please help!

Thanks

Dear Members

I went to Croydon - PEO yesterday to apply 10 year long residency. Overall I spent 2.15 hrs, then application was approved. This forum help me a lot. I don't know how to thank all the members on this forum.

Many Thanks again

Thanks trilobite.

Let's hope I get a peo/psc appointment on time in August. I can't wait to "settle".

trilobite wrote:

augilr2016 wrote:Hi,

I'm applying for ILR soon in August 2016.

I have 2 questions:

1. While filling the new form 03/2016 version, on the Page 1, it says that I need to fill the reasons or grounds why I want to stay in UK in section 3.2 but section 3.2 in the form refers to "Life in UK" test. The only section I can find close is D17 on Page 15. Am I missing something?

2. I went to Republic of Ireland and Northern Ireland for a tourist tour but on my way back to UK (Manchester) I did not get an entry stamp in my passport. I still have the booking ticket for the flight back and also a booking confirmation for the train from the airport to home. Will this be sufficient?

Thank you.

I just got my ILR through 10 years long residency

1. I was confused about the section 3.2 too. I think they have change the content of the application without changing the front page or so. I thought of ask about that when I was at the PEO but I forgot. I haven't done anything specific about it and they didn't question about it either.

2. You don't need evidence to show how long you have been out of the country as long as you honestly declare the dates. I had 22 number of outbound travels (I just count the number of stamps on my passport, god knows whether the dates I have been given was right or wrong). However I have tally up the outbound stamps and inbound stamps to the best of my knowledge. I think I read somewhere in the guidance that they are looking for available evidence not the missing stamps as it was out of your control.

If you have any questions drop me a line.

Dear Friends

My ILR was finally approved on 5/7/16.

This is my previous post (taz_555)

indefinite-leave-to-remain/10-years-lon ... ml#p981804

It was a long fight and finally I won my case.

All I want to say is that if anyone has a gap of more than 6 months then don't consider your case to fail automatically. You still have a chance to be granted ILR. Keep fighting.

Dear Friends,
I will apply ILR (LR) in September 2016. I am currently on Tier 1 visa could you please advise me that any tax issues if I apply on 10 years basis. Anybody in same situation and also I pass life in the UK test in Jun 2014 I can still use this pass notification letter or I need to pass life in the UK test again. thank you

Moon84 wrote:Dear Friends,
I will apply ILR (LR) in September 2016. I am currently on Tier 1 visa could you please advise me that any tax issues if I apply on 10 years basis. Anybody in same situation and also I pass life in the UK test in Jun 2014 I can still use this pass notification letter or I need to pass life in the UK test again. thank you

LIUK doesn't expire, so you can use it. If you have any tax issues, you should sort them out. Set(LR) is not a 'safe' option and your HMRC/income history will still be checked by HO.

Stringent cross-checks will be carried out with HMRC on any tax discrepancies for applications submitted under LR. No difference to checks on ILR applications.

CR001 wrote:

Moon84 wrote:Dear Friends,
I will apply ILR (LR) in September 2016. I am currently on Tier 1 visa could you please advise me that any tax issues if I apply on 10 years basis. Anybody in same situation and also I pass life in the UK test in Jun 2014 I can still use this pass notification letter or I need to pass life in the UK test again. thank you

LIUK doesn't expire, so you can use it. If you have any tax issues, you should sort them out. Set(LR) is not a 'safe' option and your HMRC/income history will still be checked by HO.

Thank you CR001 and Casa for your quick reply,
My amendments are still in process hope fully done in this month after that still any issue if I apply on LR basis and also could you please tell me what necessary documents I need to apply. I have my all passports Life in the UK test certificate. My Bachelor degree anything else I can submit which is important. thank you

Good day everyone.
Thanks for the valuable advise on this forum, it has been of great assistance.

I need help from the forum, pls.

I came into the country in 2006 October as a student.
In 2012, I got married to my EEA national wife.
RC granted on November 2013.
I will be 10 yrs in October 2016 and due to submit my application for ILR between September 6th-12th at least 28 days before the qualifying period.

My marriage broke down recently after over 4 years of been together and we are in the process of divorce (starting this July).
She is self employed and have already submitted her tax return for the year 2015/2016.


My questions are these:

1. I will have to depend on our time together to count towards my qualifying period (10 yrs) but how do I show she is still exercising treaty right as a self employed worker between May 2016-October 2016? Because no payment will be required of her by the time I will send my application in September.

How do I account for May- October 2016 to show she is currently still exercising treaty right?
Next tax return is 2016/2017 and it is only due by next year April/May 2017. Contact with her may be limited once the divorce is over.

I only have her evidence of work from 2012 till the last financial year (2015/2016 tax returns). And I understand I need to show her evidence of treaty rights for the last 3yrs to my application month.

2.What documents do I need to support my application? I have available her NIC contributions and taxes paid from 2012 till date?

3. Also since the divorce is not absolute and it's not likely to be absolute by the time I will submit my application in September 6th -12th. Do I need to tick the box of "married" under relationship status since there is no option for divorce in progress? or I should tick "divorce/dissolved civil partnership" or separated / separation order"?

Thank you for the candid advise.

pls help,
i just apply for ilr today,premium service but i was given a letter to provide my self assesment tax return for the year 2012 13 14,within 10 days ,i later discovered that am owing hmr which am not aware before,wht can i do pls?

adebayo7373 wrote:pls help,
i just apply for ilr today,premium service but i was given a letter to provide my self assesment tax return for the year 2012 13 14,within 10 days ,i later discovered that am owing hmr which am not aware before,wht can i do pls?

Hi,
Could you please explain what is ur current status and what document you provide with ur application.

Moon84 wrote:

CR001 wrote:

Moon84 wrote:Dear Friends,
I will apply ILR (LR) in September 2016. I am currently on Tier 1 visa could you please advise me that any tax issues if I apply on 10 years basis. Anybody in same situation and also I pass life in the UK test in Jun 2014 I can still use this pass notification letter or I need to pass life in the UK test again. thank you

LIUK doesn't expire, so you can use it. If you have any tax issues, you should sort them out. Set(LR) is not a 'safe' option and your HMRC/income history will still be checked by HO.

Thank you CR001 and Casa for your quick reply,
My amendments are still in process hope fully done in this month after that still any issue if I apply on LR basis and also could you please tell me what necessary documents I need to apply. I have my all passports Life in the UK test certificate. My Bachelor degree anything else I can submit which is important. thank you

Dear Friends please help me regarding above post will be much apricited in advnce.

@ Nasara, the reason for your refusal is not acceptable. You are not exempted from immigration control at all. Even EEA National themselves are still subjected to immigration control not to talk of you as family member: Please read the information below,it might help you, but please sort out the area of your wife documentation:


Time spent in UK while exempt from immigration control Key facts
Entry and extension requirements
Indefinite leave requirements
Granting or refusing
Dependants
This page tells you when time spent in the UK counts as lawful residence for 10 year long residence applications for applicants who are exempt from immigration control.
Time spent in the UK exempt from immigration control must be counted as lawful residence. People exempt from immigration control include diplomats and members of the armed forces.
Deemed leave for diplomats and 28 days leave outside the rules for former members of armed forces Deemed leave is the 90 days diplomats are given once their exemption from immigration control period ends.
Former members of armed forces will normally be granted 28 days leave outside the rules when they cease to be exempt on discharge.
By the end of the 28 or 90 days, the person must either
 submit an application for leave, or  depart the UK.
A person on deemed leave does not receive an endorsement on their passport. However, a former member of the armed forces will have their passport endorsed in the usual way.
If a person submits an application to extend their stay in the UK within 28 or 90 days of their exemption ending, and is later granted a period of leave, their continuous lawful residence is not broken.
If a person remains in the UK, and does not submit an application for further leave after the 28 or 90 days described above, their continuous lawful residence is broken (the usual 28 day overstayer rule continues to apply).

erenbey82 wrote:Dear Members

I went to Croydon - PEO yesterday to apply 10 year long residency. Overall I spent 2.15 hrs, then application was approved. This forum help me a lot. I don't know how to thank all the members on this forum.

Many Thanks again

glad to know that this forum has helped you in the last 6 years and thanks for taking time to make this post.

My Timeline:

Application : SET (LR) 10 year long residence POSTAL application
Application sent: 22 June 2016
Application Received: Not sure
Payment deducted: 24 June 2016
Acknowledgement letter received : 27 July 2016 (By email to the agency)
BRP letter received : Not yet
ILR received: Not yet

I am very much hoping speedy process...

team, could anyone tell me if a bank statement generated from the bank itself but that does not have a stamp can be considered sufficient by the HO for the ILR long residence application? My bank won't stamp as its an audit issue for them but I may have to delay my premium appointment with Croydon and wait for the statement to arrive in mail.
I am not even sure if the statements are required to begin with in the first place.

On what basis do you want to apply? If on self employed and you need to show fund movements and transactions, then you need a bank statement. And it must be the original issued by your bank. Generated bank statements are acceptable but only if it is stamped by the bank.

You might have to wait for the original before you apply. Otherwise my first question is what answering to be able to help you further.

Im applying having completed 10 year residence. I'm currently on Tier 2 so sponsored by my employer. Thereby NOT self employed.

Great. Any of your most recent bank statements, payslips, contract details and tax history will be sufficient. You can contact HMRC on 01355359022 and request for your employment history. It will detail your tax and salary for the last five years.This will help speed up your ILR processing.

I hope this helps.

thank you.

This forum was very useful to me ! I successfully applied for Set (LR) at Croydon today and got it which marks the end of a very long 10 year journey. It was all very straightforward and I submitted similar docs to what I have seen many others submit successfully on this forum.

Thanks for everything and keep up the good work! You are making a positive difference in many people and families' lives at a very stressful time.

Best wishes
Daisyfrau