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Advice Needed! Indefinite Leave to Remain Application

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kahina
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Advice Needed! Indefinite Leave to Remain Application

Post by kahina » Wed Dec 12, 2007 2:35 pm

Hello all,

I am in need of some advice regarding applications for ILR and any more info is appreciated.
I have been in the UK now for 10 years (as of November 2007) studying (undergrad, masters, and phd) and I have been to a PE office yesterday to apply for settlement as my visa expires end of this month. Once there it turned out I have gaps in my visas and the lady checking my application and documents said my application would be refused if I went along with it then and said to post it with a covering letter. The gaps are three days it took to get an appointment at the PE office last year to extend my visa(31sOct2006-3rdNov2006) and 1 day (30thSep2003-1stOct2003)when I was asked to go back and get another document when I was applying for an extension at the Croydon office in London. I explained this but she sais they would refuse it anyway and better do it by post because they'll have my file.
(I should note that in both cases I asked the staff I was dealing with if it was ok that the application was going to be "late" and they said yes. For the appointment at the PE office last year , she said the only thing was that I was going to loose the right of appeal if my visa extension was refused, but that was it)
I am just wondering is this normal? And would it be different if I sent it by post? Do you know of any cases like this? Can anyone advise me of what I should do? My visa expires 31st of December so I will have to send it before then.
The documents they ask for settlement are current passport, old passports, application form set(o), photos, the UK life test pass, and police registration. Do you think I should provide more document if I send it by post?
What should I include in the covering letter? and how long does it usually take doing it by post?

Sorry for the lengthy text, I'd be really gratefull for any advice about this.
Many thanks,
kahina.

SYH
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Re: Advice Needed! Indefinite Leave to Remain Application

Post by SYH » Wed Dec 12, 2007 2:38 pm

kahina wrote:Hello all,

I am in need of some advice regarding applications for ILR and any more info is appreciated.
I have been in the UK now for 10 years (as of November 2007) studying (undergrad, masters, and phd) and I have been to a PE office yesterday to apply for settlement as my visa expires end of this month. Once there it turned out I have gaps in my visas and the lady checking my application and documents said my application would be refused if I went along with it then and said to post it with a covering letter. The gaps are three days it took to get an appointment at the PE office last year to extend my visa(31sOct2006-3rdNov2006) and 1 day (30thSep2003-1stOct2003)when I was asked to go back and get another document when I was applying for an extension at the Croydon office in London. I explained this but she sais they would refuse it anyway and better do it by post because they'll have my file.
(I should note that in both cases I asked the staff I was dealing with if it was ok that the application was going to be "late" and they said yes. For the appointment at the PE office last year , she said the only thing was that I was going to loose the right of appeal if my visa extension was refused, but that was it)
I am just wondering is this normal? And would it be different if I sent it by post? Do you know of any cases like this? Can anyone advise me of what I should do? My visa expires 31st of December so I will have to send it before then.
The documents they ask for settlement are current passport, old passports, application form set(o), photos, the UK life test pass, and police registration. Do you think I should provide more document if I send it by post?
What should I include in the covering letter? and how long does it usually take doing it by post?

Sorry for the lengthy text, I'd be really gratefull for any advice about this.
Many thanks,
kahina.
Nothing wrong with what she said, and by the way you don't have much of a choice than to do it the way she explained so I'd get to it.

tvt
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Joined: Mon Jul 15, 2002 1:01 am
Location: London

Post by tvt » Wed Dec 12, 2007 11:57 pm

Your case is not straightforward (to say the least). You are highly advised to consult an immigration specialist who should be able to present your case in the best possible light.
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William Blake
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Posts: 286
Joined: Thu Jun 07, 2007 8:55 pm

Post by William Blake » Tue Dec 18, 2007 7:12 pm

Well it is not straight forward from the point of view that BIA does not want these applications to be straightforward and enjoy giving folks a hard time.

I think the point about the gaps is valid. It is not a foregone conclusion that if you had insisted on seeing a caseworker in person that your application would have been refused but the issue of the gaps would have still been likely to come up and you would have had to have a persuasive argument. I say yes submit by postal application. In your coverletter you should set out the mitigating circumstances and 'explain away the gaps' ie. why they should be overlooked and point out that it was their fault.

As far as I know in the long residency category in addition to the documents they ask for you are free to submit any documents that you feel may enhance your application. You need to shift focus from the gap unto you, the whole picture of you and your potential value to the UK. Also include solitors representations with your application. Set out to show how other than this one tiny issue you meet all the requirements.

hope that helps.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

William Blake
Member of Standing
Posts: 286
Joined: Thu Jun 07, 2007 8:55 pm

Post by William Blake » Tue Dec 18, 2007 7:21 pm

Also processing times as published are 70% of cases in 4 weeks but as it is holidays it will be longer. This time last year they achieved 53% of cases. I think maybe it will be best to extend your student visa first, maybe in person. When you have that secured submit for ILR or apply for ILR counting ten years from the gap.

Its best to try and have visa cover, otherwise if the decision for an ILR, long residency goes against you you won't have any cover to fall back unto and you may be asked to leave the UK.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

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