10 years long residence applications

Guys, Mine is sad news I'm afraid but I had to share it anyway. I have updated the google timeline as well. My ILR application was refused because of a break in the 10 year residence. I have the right to appeal but I am considering going back home.

The decision is based on the following:
0n 29 December you applied for leave to remain under tier 1 post study, on 22 January 2010 your application was refused. You lodged an appeal on 15 February 2010, which was heard on 06 April and dismissed on 9 April, 2010. On 22 April 2010 permission to appeal to the first tier was sought, but refused on 14 May, 2010. On 26 may 2010 you became appeal rights exhausted
On 27 May you became an overtayer in the UK
On 28 May 2010 you submitted an out of time application, but within 28 days, for leave to remain as tier 4 student, on 05 July 2010 your application was refused without a right of appeal.
On 27 august 2010 you submitted an out of time application for leave to remain as a tier 4 student , On 14 October 2010 your application was refused without right of appeal. On 24 January your application was considered and the decision was maintained. on 17 January 2012 you were granted leave to remain until 01 November 2013

However, one thing they fail to mention is that on 17 Jan 12 when the granted me the visa it was after their withdrawal from the Judicial review process that I had lodged and I was refunded all the cost. If anyone been through this kind of situation pls let me know?

Got through to them. Woman told me no record of her application. Which means her mom didn't send it (mom was the one who paid for it but obviously didn't do it, lied to us and told us she did). So there's that. Thanks for all your help anyway.

SEL7 wrote:Guys, Mine is sad news I'm afraid but I had to share it anyway. I have updated the google timeline as well. My ILR application was refused because of a break in the 10 year residence. I have the right to appeal but I am considering going back home.

The decision is based on the following:
0n 29 December you applied for leave to remain under tier 1 post study, on 22 January 2010 your application was refused. You lodged an appeal on 15 February 2010, which was heard on 06 April and dismissed on 9 April, 2010. On 22 April 2010 permission to appeal to the first tier was sought, but refused on 14 May, 2010. On 26 may 2010 you became appeal rights exhausted
On 27 May you became an overtayer in the UK
On 28 May 2010 you submitted an out of time application, but within 28 days, for leave to remain as tier 4 student, on 05 July 2010 your application was refused without a right of appeal.
On 27 august 2010 you submitted an out of time application for leave to remain as a tier 4 student , On 14 October 2010 your application was refused without right of appeal. On 24 January your application was considered and the decision was maintained. on 17 January 2012 you were granted leave to remain until 01 November 2013

However, one thing they fail to mention is that on 17 Jan 12 when the granted me the visa it was after their withdrawal from the Judicial review process that I had lodged and I was refunded all the cost. If anyone been through this kind of situation pls let me know?

@SEL7 Sorry to hear that man. U never mentioned this before that u were refused 2 to 3 times in a row. Its a clear break in your continuity.

First out of time application 28 may 2010 refused 5th july 2010. (within 28 days from section 3c ends). 39 days gap.


than u applied again out of time on 27 august 2010 (53 gaps from 1st out of time refusal)

If u argue in court that when u applied 2nd out of time (27 augutst 2010) u got the visa eventually on 17 january 2012 through judicial review process.

But how u defend previous gaps 39 days and 53 days?

Zee ali wrote:

SEL7 wrote:Guys, Mine is sad news I'm afraid but I had to share it anyway. I have updated the google timeline as well. My ILR application was refused because of a break in the 10 year residence. I have the right to appeal but I am considering going back home.

The decision is based on the following:
0n 29 December you applied for leave to remain under tier 1 post study, on 22 January 2010 your application was refused. You lodged an appeal on 15 February 2010, which was heard on 06 April and dismissed on 9 April, 2010. On 22 April 2010 permission to appeal to the first tier was sought, but refused on 14 May, 2010. On 26 may 2010 you became appeal rights exhausted
On 27 May you became an overtayer in the UK
On 28 May 2010 you submitted an out of time application, but within 28 days, for leave to remain as tier 4 student, on 05 July 2010 your application was refused without a right of appeal.
On 27 august 2010 you submitted an out of time application for leave to remain as a tier 4 student , On 14 October 2010 your application was refused without right of appeal. On 24 January your application was considered and the decision was maintained. on 17 January 2012 you were granted leave to remain until 01 November 2013

However, one thing they fail to mention is that on 17 Jan 12 when the granted me the visa it was after their withdrawal from the Judicial review process that I had lodged and I was refunded all the cost. If anyone been through this kind of situation pls let me know?

@SEL7 Sorry to hear that man. U never mentioned this before that u were refused 2 to 3 times in a row. Its a clear break in your continuity.

First out of time application 28 may 2010 refused 5th july 2010. (within 28 days from section 3c ends). 39 days gap.


than u applied again out of time on 27 august 2010 (53 gaps from 1st out of time refusal)

If u argue in court that when u applied 2nd out of time (27 augutst 2010) u got the visa eventually on 17 january 2012 through judicial review process.

But how u defend previous gaps 39 days and 53 days?

Yes it is quite messy. After refusal for permission to appeal to the first tier I took it for judicial review but what I don't understand is why they kept considering my other application while the appeal process was ongoing. From my understanding I thought all the gaps were covered as legal.

@Zee Ali,
I hope you are well.I need your advice on my case.....my PSW visa was expired on 9th March 2013 and I made application on 13th March 2013 tier 1 entrepreneur visa(within 28 days ).my application was refused on 10th June 2013with no right of appeal.I have challenged the home office decision in judicial review.home office said it was their mistake and took decision back before JR hearing because high Court judge grant me permission for hearing and said his prejudgement that home office took wrong decision and home office request me to take back my case and they issued visa on 12 June 2014.
Now I have been applied SET(lr) application.what will home office stance on it......
Was I oversted since 9th March 2013 till 12 June 2014?
My 10 years continuety was break ?
Awaiting your comment regarding my application.
Kind regards

Hi,

I have a question to clarify whether the following will be considered as a break in continous residence.

All my visa extensions or visa applications were done in the UK, except one. My visa expiry date was 31 January 2010. I went back Sri Lanka on 09th January and made an application for visa renewal. I submitted all the documents for visa renewal on 21st of January (before expiry date 31/01/2010). Visa was issued on 09 February and I got the passport around 20th of February and travelled back to the UK on 25th Feb.
My question is, the gap between 31st January and 09th February (or 31st Jan to 25th Feb) - will it be considered as a break in continuous residence in the UK?

Regards,
SJ

You are on safe side

dont worry




https://www.gov.uk/government/uploads/s ... ce_v13.pdf


read it and cram it so u dont make any mistakes

SJ307 wrote:Hi,

I have a question to clarify whether the following will be considered as a break in continous residence.

All my visa extensions or visa applications were done in the UK, except one. My visa expiry date was 31 January 2010. I went back Sri Lanka on 09th January and made an application for visa renewal. I submitted all the documents for visa renewal on 21st of January (before expiry date 31/01/2010). Visa was issued on 09 February and I got the passport around 20th of February and travelled back to the UK on 25th Feb.
My question is, the gap between 31st January and 09th February (or 31st Jan to 25th Feb) - will it be considered as a break in continuous residence in the UK?

Regards,
SJ

Basra wrote:@Zee Ali,
I hope you are well.I need your advice on my case.....my PSW visa was expired on 9th March 2013 and I made application on 13th March 2013 tier 1 entrepreneur visa(within 28 days ).my application was refused on 10th June 2013with no right of appeal.I have challenged the home office decision in judicial review.home office said it was their mistake and took decision back before JR hearing because high Court judge grant me permission for hearing and said his prejudgement that home office took wrong decision and home office request me to take back my case and they issued visa on 12 June 2014.
Now I have been applied SET(lr) application.what will home office stance on it......
Was I oversted since 9th March 2013 till 12 June 2014?
My 10 years continuety was break ?
Awaiting your comment regarding my application.
Kind regards

Did u request SAR (immigration history)?

I think they should consider your JR period continuing as they wrongly refused and grant u visa at the end.

Dear Members

I need some information before I may apply for ILR.

Entry Clearance Date: 15/08/2005
UK Entry Date: 15/09/2005
Visa Ending Date: 31/12/2015

Date that I'm eligible to apply in person at premium service centre: 17/08/2015 or 18/08/2015

OR

I should complete my full 10 years which will be on 15/09/2015 and then I will be eligible to apply in person at Premium service centre?

Am I eligible to apply in person at premium service centre 28 days before the completion of 10 year for 10 years lawful stay application?

Many Thanks

eyes4h wrote:Dear Members

I need some information before I may apply for ILR.

Entry Clearance Date: 15/08/2005
UK Entry Date: 15/09/2005
Visa Ending Date: 31/12/2015

Date that I'm eligible to apply in person at premium service centre: 17/08/2015 or 18/08/2015

OR

I should complete my full 10 years which will be on 15/09/2015 and then I will be eligible to apply in person at Premium service centre?

Am I eligible to apply in person at premium service centre 28 days before the completion of 10 year for 10 years lawful stay application?

Many Thanks

U can apply 28 years early from date of entry. better to give 2 to 3 days more. Like book appointment from 20/08/2015 for safe side

eyes4h wrote:Dear Members

I need some information before I may apply for ILR.

Entry Clearance Date: 15/08/2005
UK Entry Date: 15/09/2005
Visa Ending Date: 31/12/2015

Date that I'm eligible to apply in person at premium service centre: 17/08/2015 or 18/08/2015

OR

I should complete my full 10 years which will be on 15/09/2015 and then I will be eligible to apply in person at Premium service centre?

Am I eligible to apply in person at premium service centre 28 days before the completion of 10 year for 10 years lawful stay application?

Many Thanks

yes you can apply in person at premium on or after 18.08.15. 28 days before completing the 10 years.

wait, there is a premium service for long residence applications? thought they got rid of that?

@zee Ali.
Thank you very much for your comment..yes I have SAR report, in SAR report application was in time.....
I want to ask you onething if we apply within 28 days after previous visa expired is it still consider in time application?

Kind regards

Basra wrote:@zee Ali.
Thank you very much for your comment..yes I have SAR report, in SAR report application was in time.....
I want to ask you onething if we apply within 28 days after previous visa expired is it still consider in time application?

Kind regards

No.

@zee Ali.
But in my SAR they mention my application was in time.....if my application was out of time then I was overstay that period until my visa issued date? Home office will consider break continuety my 10 years years? What is your advice on it?
Regards

Basra wrote:@zee Ali.
But in my SAR they mention my application was in time.....if my application was out of time then I was overstay that period until my visa issued date? Home office will consider break continuety my 10 years years? What is your advice on it?
Regards

should be out of time. cant say anything more unless see the document myself. I had one out of time application in 2007. 9 days out of time and clearly mentioned in GCID that application is out of time.

If an application is out of time but within 28 days of expiry of the visa or 3c. Even let say it take 1 year to decide and visa granted at the end than your continuity does not break and all that time counts legal.

Hope this help.

@zee Ali.
Thanks....it's really helpful for me...

@zee Ali.
Brother can you send me your email address in my private message.. I would like to email 2 pages of my SAR , have a look on them, then advice me about my application status.
Thx

I am in trouble !! pls give me advice
Next 30th of August will be 10 years in UK .My application to go Upper Tribunal is refused.My determination was sent in to wrong solicitor and my wrong address though we notify on time before hearing.after request they sent into correct address.when we made application to go UT then some how Tribunal didn't received it.though we have the evidence.Later on we sent another application to permission to go UT with all evidences and finally Tribunal refused the reason of late appeal and closed the case.I am going to speak to my solicitor soon.what should I do ??? pls advised

Hi everyone,

Any news about TOEIC?

Thanks

Hi guys,
I have seen number of people asking that they will be going for same day service and need help but once get visa , never share their exp , did they get the visa or not. My point is once they get the visa they do not bother to share their exp at peo , i would like to say if you are going for same day service or sending by post dont forget to share your experience , it help others and keep this form also alive

Thanks

Once your friend use form SET LR, his wife clock restart so she will need form FLR M.

She will have to spend another five years before she qualify for ILR, if the children were born here he can leave them out of the application for now and once the dad receive ILR he can use form MN1 to register them. However if they were born outside UK he will have to include them in their mum application as dependant.

Note: For FLR M some requirement will need to be meet.

Finance joint earning of both husband and wife will be around £27,000+ , because they will include the children into the calculation even though they are not included in the application.

She needs B1 for her English test as well or a degree.

sivakala wrote:Hi my friend applying for 10years long resident
Indefinite leave to remain( student and PSW)

The right form for him is SET(LR).

My question is what is the type of form
Belongs to his wife who had spend 5 years as
His dependent along with 3 children(5yrs, 2yrs & 8 months).

Do you thing applying for him & his wife is
Ok at present( kids will be later due to high visa fees)

Please urgently let me know about her
FORM to decide the fees please.

Many thanks

Hi everyone
(Zee Ali & Sameer)
I would like to discuss my situation
Came to UK April 2005(student).
Got few extensions.
Went back to Pak in September 2010 before visa expire.
Spend 189 days in pak(due to serious illness,got all documents from hospital).
Comeback to UK March 2011 as tire 4 dependent.
Got 1 extension till August 2014.
Applied FLRfp to buy 8 months to reach 10 years.
Refused then on time appeal.
10 years complete.
Mention in appeal and also explain to judge about 10 years.
Appeal dismissed.applied for permission to UTT and refused.
yesterday went to Sheffield with SET LR for premium service got all my documents.
After biometric they took about 2 hours and then she ask me what about your wife and daughter you not applied for them my Solisiter told her we will do postal application FLRm for them.
Then she said (because your passport is not in this office and i can't make decision today i have requested for ur passport as soon as I get it I will continue accordingly)
after 10 minutes she gave us letter stated same words(above)
Any idea what will be next plzz
Many thanks.

hello everyone,
i qualify for 10 years this september. i was refused flr fp and i am waiting for my oral hearing date which i am told would be in oct approx.my problem now is i dont have a provisional licence and since the passport and the card are with home office i don't have any photo id to apply for life in UK test.what are my alternatives any advice please.

Hamzaakbar wrote:Hi everyone
(Zee Ali & Sameer)
I would like to discuss my situation
Came to UK April 2005(student).
Got few extensions.
Went back to Pak in September 2010 before visa expire.
Spend 189 days in pak(due to serious illness,got all documents from hospital).
Comeback to UK March 2011 as tire 4 dependent.
Got 1 extension till August 2014.
Applied FLRfp to buy 8 months to reach 10 years.
Refused then on time appeal.
10 years complete.
Mention in appeal and also explain to judge about 10 years.
Appeal dismissed.applied for permission to UTT and refused.
yesterday went to Sheffield with SET LR for premium service got all my documents.
After biometric they took about 2 hours and then she ask me what about your wife and daughter you not applied for them my Solisiter told her we will do postal application FLRm for them.
Then she said (because your passport is not in this office and i can't make decision today i have requested for ur passport as soon as I get it I will continue accordingly)
after 10 minutes she gave us letter stated same words(above)
Any idea what will be next plzz
Many thanks.

Just wait for their decision did you asked her how long it will take, you should have try to apply for your wife the same time as you. When did your 28 days grace to make new application start. So you have to make your wife application before that time lapse or you risk her application being refuse even though your ILR is granted.