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Vary ILR to another ILR as I was 6.5 months short of 10 yrs

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.

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PRcometrue
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Vary ILR to another ILR as I was 6.5 months short of 10 yrs

Post by PRcometrue » Sun Jul 09, 2017 9:26 pm

Hi everyone,

I came to the UK on 13th June 2007. I have a immigration lawyer, who applied my ILR in Nov/Dec 2016 (just before the HO cancelled in-country apeal rights). My last Tier5 Visa was expired on 12 January 2017.

I have no gap record, have been aboard only for 270 days total so far, no more than 6 months any time. I am 32, single and have no family here, studied a degree and have been working and a tax payer. I am short of 6.5 months for 10 years long residence when I applied for ILR. Now I already stayed for more than 10 years legally.

While I passed 10 years, this comes to the point... My lawyer persued me to apply for another ILR, she said it would be a better chance for me, she asked refund and withdraw my first ILR application.

2 days ago, I recieved a email from the case work, he said my 2nd ILR has been avoided!! Can I get the refund??

Now I doubt my lawyer did it wrong.... I read on line, and people suggest to apply for FLR(FP)first and then vary it to SET(LR), is it? I know it is to late to think about this now.

Now I am worried again, I am acutally already stay here for 10 years legally. What can I do correctly to get my ILR? I would like to know you guys opinions or experiences, because I am thinking my lawyer might have done it wron.

I am hoping that the possibility to get the ILR in my case in very positive

I will appreciated your help, and believe that good things will return to you too. :)

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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by Zimba » Sun Jul 09, 2017 10:08 pm

Under what category did you apply for ILR first ?? Why did your lawyer suggested to withdraw the first one to apply under SET(LR), that is not how variation of leave works. :?
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PRcometrue
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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by PRcometrue » Mon Jul 10, 2017 7:24 pm

Yes We applied for SET (LR) last Nov/Dec, and June this year when I reach 10 years, we applied for SET(LR)again! She tried to use 2nd application instead of the 1st, automatically withdrow the 1st application, but the case worker does allow her to do, so avoided my 2nd in June.

Here is the regualtions:

https://www.google.co.uk/url?sa=t&sourc ... zKygwQNzmw

I read through page 19 of the attachment of the regulations. Is my case in example scenario 1 which the 2nd application was invalid? so they can't process it. I asked my lawyer today, she said it is not.
She still didn't explain why she thought I could applied for the same form??? The case worker doesn't allow me to.... he avoided the 2nd application.

Please if anyone have had similar situation to share?
zimba88 wrote:Under what category did you apply for ILR first ?? Why did your lawyer suggested to withdraw the first one to apply under SET(LR), that is not how variation of leave works. :?

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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by Casa » Mon Jul 10, 2017 7:50 pm

Why on earth did your legal advisor encourage you to apply for a SET(LR) application when you were clearly 6 months short of reaching your 10 year qualifying date. :!:
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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by PRcometrue » Mon Jul 10, 2017 8:01 pm

I also read this:
it was not possible for a new application to made at that time because section 3C leave continues until the deadline for lodging an appeal has expired. A person who loses their appeal and wishes to make a new application will therefore need to wait until the time limit for lodging an appeal has passed, otherwise the application will be invalid.

The 28 days grace period in the Immigration Rules for making new applications begins when the section 3C leave expires, so there is no procedural disadvantage thereby imposed.

Here is the link:
https://www.freemovement.org.uk/new-app ... -extended/

maybe my case is not variation, it is making another new application....

I feel my lawyer is not sure why she did and what she should....

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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by PRcometrue » Mon Jul 10, 2017 8:06 pm

Yes, as my visa was going to be expired, I had to apply for an application. Many people here have similar experience I thought? What do you think? Thanks,

Casa wrote:Why on earth did your legal advisor encourage you to apply for a SET(LR) application when you were clearly 6 months short of reaching your 10 year qualifying date. :!:

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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by CR001 » Mon Jul 10, 2017 8:21 pm

No, many don't as that is substantially short of the requirement.

You should have applied on FLR(LR) instead as an option.
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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by PRcometrue » Mon Jul 10, 2017 8:35 pm

:shock: :shock:
too late to know now....

My application SET (LR) has been held for 7 months now.....
Does it mean that the case worker is considering my case??

Who knows a reliable lawyer who has experience?? :? :o

CR001 wrote:No, many don't as that is substantially short of the requirement.
You should have applied on FLR(LR) instead as an option.

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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by CR001 » Mon Jul 10, 2017 8:37 pm

My application SET (LR) has been held for 7 months now.....
Does it mean that the case worker is considering my case??
Possibly, who knows. We don't work for HO so can't comment either way.
Who knows a reliable lawyer who has experience?? :? :o

Members are not permitted to post lawyer names or information on the forum.
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.

PRcometrue
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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by PRcometrue » Mon Jul 10, 2017 9:00 pm

Are those people who apply for FLR(LR) finally get their ILR?? all of them successful?
CR001 wrote:
My application SET (LR) has been held for 7 months now.....
Does it mean that the case worker is considering my case??
Possibly, who knows. We don't work for HO so can't comment either way.



Please PM me, is it allowed?
Who knows a reliable lawyer who has experience?? :? :o

Members are not permitted to post lawyer names or information on the forum.

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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by CR001 » Mon Jul 10, 2017 9:04 pm

I can't say, I would have to trawl through many posts to find details.

Feel free to search the forum.
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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by PRcometrue » Tue Jul 11, 2017 10:28 am

My lawyer said if my ILR get refused, I can make another application. I am already here 10 years lawfully, I will definately get my ILR, what do you think?

I am trying to find the regulations from the HO, does anyone know it?
CR001 wrote:I can't say, I would have to trawl through many posts to find details.

Feel free to search the forum.

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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by CR001 » Tue Jul 11, 2017 6:36 pm

she asked refund and withdraw my first ILR application.
I honestly hope for your sake that your first application was not withdrawn by HO and a letter is not still on its way to you.

Below link is the Long Residence Caseworker guidance notes.

https://www.gov.uk/government/uploads/s ... -v15_0.pdf
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In life you cannot press the Backspace button!!
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PRcometrue
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Re: Vary ILR to another ILR as I was 6.5 months short of 10

Post by PRcometrue » Tue Jul 11, 2017 7:14 pm

CR001 wrote:
she asked refund and withdraw my first ILR application.
I honestly hope for your sake that your first application was not withdrawn by HO and a letter is not still on its way to you.

Below link is the Long Residence Caseworker guidance notes.

https://www.gov.uk/government/uploads/s ... -v15_0.pdf


Thank you so much for the link.
The 2nd is avoided, so the 1st is still ongoing, today I recieve the email from the case work again.
He also wrote that... he is considering my case favourably.

My lawyer said that would be a good news. :wink:

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My ILR has been granted - I was 6.5 months short by 10 years

Post by PRcometrue » Fri Jul 14, 2017 7:52 pm

Finally I am released, I got my ILR. I'd stayed 9 yrs 6 moths when I applied for it. My case was held in the HO for 7 months. I got it when I reached 10 years and 1 month. I have a lawyer, the only lawyer willing to take my case, after I called around 30 law firms, many of them laughed at me.

I handed in more support documents, eg. voluntary, bank statement saving account, intention buying a property here. I studied a degree here, have been working and paying tax for 2-3 years. I gave working reference from my English/British employers and a good character reference from an English/British family friends that I've live with them for 6 years. I barely go back to home country, only 6 times in 10 years and its less than 120 days in total. I have no relationship here, no any criminal record, no any gap or refused visa record.

We were able to delayed the time they viewed my case for 3 months. paying by cheque, xmas busy time, biometrics works...I believed that the case worker then considered my case favourably, and he held my case for further 3-4 months, until I passed my 10 years point, he then granted my ILR.

My lawyer applied for SET LR for me.... not FLR FP first
However, when I read from here - immergration forum, most people who have the same situation, they applied for FLR FP.... first, in order to buy them more time. Once they reached their 10 years, they vary the application to SET LR. well.... I believe this way works better then mine...I believe that I am an exception case, not everyone will be successful as me.

Anyway I am lucky to meet this case worker!! It is a key point!!
Yeah! One more year.... citizenship!

Share my case with you guys, as 10 years I get lots of information here.
Please bare with my grammar, I hope it makes sense for you guys.

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Re: My ILR has been granted - I was 6.5 months short by 10 y

Post by eoo10 » Sat Jul 15, 2017 3:56 am

PRcometrue wrote:Finally I am released, I got my ILR. I'd stayed 9 yrs 6 moths when I applied for it. My case was held in the HO for 7 months. I got it when I reached 10 years and 1 month. I have a lawyer, the only lawyer willing to take my case, after I called around 30 law firms, many of them laughed at me.

I handed in more support documents, eg. voluntary, bank statement saving account, intention buying a property here. I studied a degree here, have been working and paying tax for 2-3 years. I gave working reference from my English/British employers and a good character reference from an English/British family friends that I've live with them for 6 years. I barely go back to home country, only 6 times in 10 years and its less than 120 days in total. I have no relationship here, no any criminal record, no any gap or refused visa record.

We were able to delayed the time they viewed my case for 3 months. paying by cheque, xmas busy time, biometrics works...I believed that the case worker then considered my case favourably, and he held my case for further 3-4 months, until I passed my 10 years point, he then granted my ILR.

My lawyer applied for SET LR for me.... not FLR FP first
However, when I read from here - immergration forum, most people who have the same situation, they applied for FLR FP.... first, in order to buy them more time. Once they reached their 10 years, they vary the application to SET LR. well.... I believe this way works better then mine...I believe that I am an exception case, not everyone will be successful as me.

Anyway I am lucky to meet this case worker!! It is a key point!!
Yeah! One more year.... citizenship!

Share my case with you guys, as 10 years I get lots of information here.
Please bare with my grammar, I hope it makes sense for you guys.
Hi,
Congratulations! Do enjoy your freedom. Did you receive letter from UKVI after or before the end of the 6 months service standard?

PRcometrue
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Re: My ILR has been granted - I was 6.5 months short by 10 y

Post by PRcometrue » Sun Jul 16, 2017 4:54 pm

Hi,
Congratulations! Do enjoy your freedom. Did you receive letter from UKVI after or before the end of the 6 months service standard?[/quote]



Yes I did, that might mean the case worker were going to grant me ILR :lol:

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