15 days short of completing 10 years ILR (LR)

Hi guys,

Any help/comments will be appreciated.

Arrived UK legally on : 15/05/2006
Current Visa expires : 30/04/2016
15 days short of clocking the 10 years required for ILR (LR)

I have read different threads on this forum of similar cases.

Question: I'm i eligible to apply for the ILR (LR) using the 28days grace (i.e Valid visa for 9yrs 11month 2 days ) Or My visa needs to be valid for the full 10 years but can apply 28days prior to the fully completing the 10 years.

I have been advised on this forum that i am eligible but UKBA customers service and some Solicitors have advised otherwise.

I have never been illegal at any point nor have complex issue while renewing my previous visa.

IS THERE ANYONE HERE WHO HAS RECENTLY BEEN IN A SIMILAR SITUATION AND HAS SUCCESSFULLY APPLIED FOR ILR (LR)? PLEASE TALK ME THROUGH HOW YOU WENT ABOUT IT.

I am currently depending on my spouse (tier4) our visa expires same day, her application is considered in every decision i decide to take so she can remain legal as well.

Many Thanks

sukosukkyboie wrote:
Question: I'm i eligible to apply for the ILR (LR) using the 28days grace (i.e Valid visa for 9yrs 11month 2 days ) Or My visa needs to be valid for the full 10 years but can apply 28days prior to the fully completing the 10 years.

I have been advised on this forum that i am eligible but UKBA customers service and some Solicitors have advised otherwise.

A postal application is not likely to be decided within 15 days so, by the time a case worker processes your application, you would have completed the legal stay of 10 years in the UK to be eligible for ILR(LR).

scorpion123 wrote:

sukosukkyboie wrote:
Question: I'm i eligible to apply for the ILR (LR) using the 28days grace (i.e Valid visa for 9yrs 11month 2 days ) Or My visa needs to be valid for the full 10 years but can apply 28days prior to the fully completing the 10 years.

I have been advised on this forum that i am eligible but UKBA customers service and some Solicitors have advised otherwise.

A postal application is not likely to be decided within 15 days so, by the time a case worker processes your application, you would have completed the legal stay of 10 years in the UK to be eligible for ILR(LR).

Thanks Scorpion123 for a prompt response.
The problems is even if the case is decided after the 15days I had no valid Visa from 30/04 - 15/05..... As explained by a solicitor, if you have application with the Home Office you are not illegal BUT you do NOT have a valid Visa.....just confused

You have a point there, but you would have already made an application by then wouldn't you? You probably would get an acknowledgement letter from them which should be enough to say you made a valid application. You have nothing to lose this way (unless it is picked up in 15 days' time) but to gain massively.
There is even a Bank Holiday on May 2nd.

Hope for the best!

Also, you may not have a valid visa when your application in is processing. That does not make you illegal.

You can apply as you said because within 28 days before eligibility are allowed.
Arrived UK legally on : 15/05/2006
Current Visa expires : 30/04/2016

I will advice you to apply on the 29th, use special delivery service and also bank draft( address it to specified name on the form for your bank draft). Fill the form correctly and you should be OKAY.

I hope you have not been refused or denied visa before, because I knew someone who forgot totally that there was a time he was refused after invalid application due to payment, and he was refused.

Please check this link and read below comment :

http://www.immigrationboards.com/indefi ... ml#p844103


ILR 10 Years Long Residence Application

Postby zak786 » Sat May 18, 2013 7:58 am

Hi guys after waiting for more than 9 months I got my ILR approval letter on 16th May 2013. I was 3 days short of actually completing 10 years and due to this there was lot of confusion surrounding my application. Few solicitors were of the opinion that I do not have visa to complete 10 years lawful residence therefore my ILR application will be refused. Others thought that if I apply with in 28 days of completing 10 years and if I have a valid visa at the time of the application I should be fine. Couple of days ago I posted links from whatdotheyknow.com where UKBA has answered a similar query in which they said that a few days short of 10 years is not a consideration as long as the applicant applies with in 28 days and has valid visa at the time of the application. But we did not have any real life example where an applicant has ILR approved with few days short of 10 years residence. I believe my case is a test case for people who are short of few days and will help to solve this confusion. Lastly thanks to members of this forum who are always there to help other people.
zak786 Newbie Posts: 37Joined: Tue Jan 01, 2013 11:00 pm

Great77 wrote:You can apply as you said because within 28 days before eligibility are allowed.
Arrived UK legally on : 15/05/2006
Current Visa expires : 30/04/2016

I will advice you to apply on the 29th, use special delivery service and also bank draft( address it to specified name on the form for your bank draft). Fill the form correctly and you should be OKAY.

I hope you have not been refused or denied visa before, because I knew someone who forgot totally that there was a time he was refused after invalid application due to payment, and he was refused.

Please check this link and read below comment :

http://www.immigrationboards.com/indefi ... ml#p844103


ILR 10 Years Long Residence Application

Postby zak786 » Sat May 18, 2013 7:58 am

Hi guys after waiting for more than 9 months I got my ILR approval letter on 16th May 2013. I was 3 days short of actually completing 10 years and due to this there was lot of confusion surrounding my application. Few solicitors were of the opinion that I do not have visa to complete 10 years lawful residence therefore my ILR application will be refused. Others thought that if I apply with in 28 days of completing 10 years and if I have a valid visa at the time of the application I should be fine. Couple of days ago I posted links from whatdotheyknow.com where UKBA has answered a similar query in which they said that a few days short of 10 years is not a consideration as long as the applicant applies with in 28 days and has valid visa at the time of the application. But we did not have any real life example where an applicant has ILR approved with few days short of 10 years residence. I believe my case is a test case for people who are short of few days and will help to solve this confusion. Lastly thanks to members of this forum who are always there to help other people.
zak786 Newbie Posts: 37Joined: Tue Jan 01, 2013 11:00 pm

No i haven't had any previous issue, just this, thinking of applying for FLR (FP) or any other applications with my spouse as a dependant and i could vary or just wait for the outcome

Great77 wrote:You can apply as you said because within 28 days before eligibility are allowed.
Arrived UK legally on : 15/05/2006
Current Visa expires : 30/04/2016

I will advice you to apply on the 29th, use special delivery service and also bank draft( address it to specified name on the form for your bank draft). Fill the form correctly and you should be OKAY.

I hope you have not been refused or denied visa before, because I knew someone who forgot totally that there was a time he was refused after invalid application due to payment, and he was refused.

Please check this link and read below comment :

http://www.immigrationboards.com/indefi ... ml#p844103


ILR 10 Years Long Residence Application

Postby zak786 » Sat May 18, 2013 7:58 am

Hi guys after waiting for more than 9 months I got my ILR approval letter on 16th May 2013. I was 3 days short of actually completing 10 years and due to this there was lot of confusion surrounding my application. Few solicitors were of the opinion that I do not have visa to complete 10 years lawful residence therefore my ILR application will be refused. Others thought that if I apply with in 28 days of completing 10 years and if I have a valid visa at the time of the application I should be fine. Couple of days ago I posted links from whatdotheyknow.com where UKBA has answered a similar query in which they said that a few days short of 10 years is not a consideration as long as the applicant applies with in 28 days and has valid visa at the time of the application. But we did not have any real life example where an applicant has ILR approved with few days short of 10 years residence. I believe my case is a test case for people who are short of few days and will help to solve this confusion. Lastly thanks to members of this forum who are always there to help other people.
zak786 Newbie Posts: 37Joined: Tue Jan 01, 2013 11:00 pm

Thanks a lot Great77
This is quite interesting, but was his application delayed for 9months because he was 3days short..I will try to check the link on whatdotheyknow if i can find it on anywhere else.

You are within 28 days to apply for the ILR, you are not short of days. The guy was not delayed, it was part of application process and because there were so many pending applications. In your case if you post it; use bank draft, it will take 3 days and after that your details will be entered into the system which we take 2 days and then you will be sent a letter for biometric and with that you will complete full 10 years. Regardless, you are still legal and even if they make decision within that 15 days which is impossible, they can not denied you. Fill the form correctly and use bank draft to avoid payment issue.

There are so many people that are just in appeal process who withdrew application within 28 days to complete 10 years, and applied correctly and got there ILR.


Yours is not complicated and you should be okay. Please remove this unnecessary worries.

Cheers,

Great77 wrote:You are within 28 days to apply for the ILR, you are not short of days. The guy was not delayed, it was part of application process and because there were so many pending applications. In your case if you post it; use bank draft, it will take 3 days and after that your details will be entered into the system which we take 2 days and then you will be sent a letter for biometric and with that you will complete full 10 years. Regardless, you are still legal and even if they make decision within that 15 days which is impossible, they can not denied you. Fill the form correctly and use bank draft to avoid payment issue.

There are so many people that are just in appeal process who withdrew application within 28 days to complete 10 years, and applied correctly and got there ILR.


Yours is not complicated and you should be okay. Please remove this unnecessary worries.

Cheers,

Thanks again.
What will you advise i do in regards to my partner whose Visa expires same day as me. She has to depend on me.
Is it possible i apply for her usingFLR (M) and write a cover letter to link her application to mine and pend the application until a decision is made on mine.

OR What other options have i got.

I am not sure about that, but is good to apply at the same time using the right form to depend on you(not sure of the form again) unless she has completed her 10 years.

Thanks everyone from your response,
I have had different reponses from this forum and several solicitors. I have made up my mind to to it this way.

Apply for FLR (O) before my visa expires and before a decision is made, I would have completed the 10 years then I VARY my application to SET (LR).

Now my dilemma is:
1: when i decide to Vary, can i go for the PEO service (book apoinment and go with my application forms and Variation letter)
2:When I submit the FLR O, can i purposely not include my passport, so i can just take it to the Premium service to make it more straightforward for me and the caseworker?

Coments will be highly appreciated.

Regards

sukosukkyboie wrote:
Arrived UK legally on : 15/05/2006
Current Visa expires : 30/04/2016
15 days short of clocking the 10 years required for ILR (LR)

Why complicate things with an unnecessary application?

You may safely apply for SET(LR) between Sunday, 17 April 2016 and Friday, 29 April 2016.

KOLL required.

vinny wrote:

sukosukkyboie wrote:
Arrived UK legally on : 15/05/2006
Current Visa expires : 30/04/2016
15 days short of clocking the 10 years required for ILR (LR)

Why complicate things?

You may safely apply for SET(LR) between Sunday, 17 April 2016 and Friday, 29 April 2016.

KOLL required.

Thanks Vinny for a prompt response, I have seen 7 different solicitors about this all but one strongly advise against doing that. They were of the opinion that I do not have a valid residence until 15/05/16. Even though you are allowed to apply 28 days in advance but your visa must run until atleast when you complete the whole 10 years. UKBA call centre agent said the same(even though they don't know alot).

But if i can get someone that has successfully applied with thisr Visa few days short then i can.

Thanks

The solicitors' opinions are inconsitient with the caseworkers' instructions, linked to above.

Here are some successful examples.

vinny wrote:The solicitors' opinions are inconsitient with the caseworkers' instructions, linked to above.

Here are some successful examples.

@sukosukkyboie

I also applied 3+ weeks before my 10 years on same day service and got ILR (LR). All my friends also applied 20-28 days before completion of 10 years and got their ILRs without any problem.

LR2015 wrote:

vinny wrote:The solicitors' opinions are inconsitient with the caseworkers' instructions, linked to above.

Here are some successful examples.

@sukosukkyboie

I also applied 3+ weeks before my 10 years on same day service and got ILR (LR). All my friends also applied 20-28 days before completion of 10 years and got their ILRs without any problem.

Thanks LR15,
When you applied, did you have a Visa that was valid until the exact 10th year. In my case my Visa is only valid until i'm 9 years 11months 15days or was you visa few days short of the exact 10 years too

vinny wrote:The solicitors' opinions are inconsitient with the caseworkers' instructions, linked to above.

Here are some successful examples.

Dear vinny,

I have a question, I need to cover 3 months to get to the ilr on 10 years route. I don't know whether to submit FLR O or FLR FP :/ I'm extremely confused. My understanding is that in most cases UKV&I doesn't give in country right of appeal & certify the claims.

If that happens, does it mean the clock towards 10 years lawful residence stops ?

Please shed some light, thx

knucks wrote:

vinny wrote:The solicitors' opinions are inconsitient with the caseworkers' instructions, linked to above.

Here are some successful examples.

Dear vinny,

I have a question, I need to cover 3 months to get to the ilr on 10 years route. I don't know whether to submit FLR O or FLR FP :/ I'm extremely confused. My understanding is that in most cases UKV&I doesn't give in country right of appeal & certify the claims.

If that happens, does it mean the clock towards 10 years lawful residence stops ?

Please shed some light, thx

Can you please stop posting your question multiple times in other users' threads and rather start your own.

CR001 wrote:

knucks wrote:

vinny wrote:The solicitors' opinions are inconsitient with the caseworkers' instructions, linked to above.

Here are some successful examples.

Dear vinny,

I have a question, I need to cover 3 months to get to the ilr on 10 years route. I don't know whether to submit FLR O or FLR FP :/ I'm extremely confused. My understanding is that in most cases UKV&I doesn't give in country right of appeal & certify the claims.

If that happens, does it mean the clock towards 10 years lawful residence stops ?

Please shed some light, thx

Can you please stop posting your question multiple times in other users' threads and rather start your own.

Ok noted.

Apologise for the inconvenience it may have caused.

Sheffield_Marketeer wrote:You have a point there, but you would have already made an application by then wouldn't you? You probably would get an acknowledgement letter from them which should be enough to say you made a valid application. You have nothing to lose this way (unless it is picked up in 15 days' time) but to gain massively.
There is even a Bank Holiday on May 2nd.

Hope for the best!

Also, you may not have a valid visa when your application in is processing. That does not make you illegal.

Hi Experts,

Please help me with your valuable advise on the followings:-

I came in UK as student on 03.09.2006 as student.
Got PSW from 2008 to Dec 2010
Granted Tier 1 General for 2 years from 12.05.2011 to 12.05.2013
Extension for 3 years granted from 30.04.2013 to 30.04.2016.
My 10 years will be completing on 03.09.2015 and 28 days qualifying period for LR will start around 07.08.2016.

Family Info

My wife joined me on 13.10.2011 as T 1 General dependent.
we blessed with baby boy in July 2012. Me and my wife got 3 years Tier 1 General extension until April 2016 but we did not apply for our son as he was born here.
In Sep 2014 my wife had to travel back home due to some domestic issues with my son but without my son visa. I applied my son entry clearance in Feb 2015 which was granted.
My wife wife and son joined me back in UK on 10.05.2015.

Questions.

1. What's the best possible way to buy the time to be eligible for LR? i.e. postal application etc?
2. If my postal application is in process by the mid of August will I be eligible to apply on long residency basis?
3. Is my wife eligible for ILR on Tier 1 General route even then she had a gap of more than 180 days?
4. Should we ignore our son application with us at this stage though (he was granted entry clearance) to avoid extra cost?.

Please help me on the above questions.

Atik1 wrote:

Sheffield_Marketeer wrote:Y

Hope for the best!

Also, you may not have a valid visa when your application in is processing. That does not make you illegal.

Hi Experts,

Please help me with your valuable advise on the followings:-

I came in UK as student on 03.09.2006 as student.
Got PSW from 2008 to Dec 2010
Granted Tier 1 General for 2 years from 12.05.2011 to 12.05.2013
Extension for 3 years granted from 30.04.2013 to 30.04.2016.
My 10 years will be completing on 03.09.2015 and 28 days qualifying period for LR will start around 07.08.2016.

Family Info

My wife joined me on 13.10.2011 as T 1 General dependent.
we blessed with baby boy in July 2012. Me and my wife got 3 years Tier 1 General extension until April 2016 but we did not apply for our son as he was born here.
In Sep 2014 my wife had to travel back home due to some domestic issues with my son but without my son visa. I applied my son entry clearance in Feb 2015 which was granted.
My wife wife and son joined me back in UK on 10.05.2015.

Questions.

1. What's the best possible way to buy the time to be eligible for LR? i.e. postal application etc?
2. If my postal application is in process by the mid of August will I be eligible to apply on long residency basis?
3. Is my wife eligible for ILR on Tier 1 General route even then she had a gap of more than 180 days?
4. Should we ignore our son application with us at this stage though (he was granted entry clearance) to avoid extra cost?.

Please help me on the above questions.

First I'm far from been an expert on this, i'm in a tricky situation as well if you have read my post, so do relied on my advise. Wait for response from more experience people in the forum and/or also seek a GOOD solicitor.
MY ADVISE IS BASED ON WHAT I HAVE READ ON VARIOUS THREADS AND ADVISE I HAVE RECEIVED ON THIS FORUM.

Response to Que 1: From what i have read, you have like 4 months from your visa end date to your completion of 10 years. Even though you are eligible to apply 28 days prior to the fulll 10 years (I THINK ON THE DAY A DECISION IS BEEN MADE ON YOUR APPLICATION, YOU SHOULD HAVE COMPLETED 10 YEARS). So making a postal application is very would be risky as a decision MIGHT have been made before you complete the 10 years even if you delay going for your biometrics.

2: I don't think so, I THINK ON THE DAY A DECISION IS BEEN MADE ON YOUR APPLICATION, YOU SHOULD HAVE COMPLETED 10 YEARS, So you are looking at 03/09/2016.

3: Asides the gap of more than 180 days, isn't she meant to be on tier 1 general / dependant visa for 5 years for her to be eligible for ILR. If I'm unfortunately right on this, then she will be eligible for ILR on that route on 13/10/2016.

4: To avoid more cost, I guess it could be okay to hold on on your son's application.

WHAT I THINK YOU COULD DO:
Make an application for FLR O or FLR FP on the last feew days of your current visa, strategically and sensibly delay decision as much as you can ( use cheque , delay biometrics registration etc) if luckily by 03/09/2016 a decision hasn't been made, then your could vary your application to SET LR, if a decision has been made before this time, they could grant you or if refused, you can they apply for ILR.
For your wife, you coukd adopt same strategy.

TRY TO READ MORE SIMILAR THREAD TO YOU SITUATION ON THIS FORUM AND YOU CAN SEE WHAT PEOPLE HAVE DONE AND HOW THEY DID IT.


WAIT FOR RESPONSES FROM MORE EXPERIENCED MEMBERS.

SPEAK TO VERY GOOD/ RECOMMENDED SOLICITORS TO SEEK THIER OPINION


N:B : YOU DO NOT HAVE TO FOLLOW MY ADVISE, IF I'M WRONG, PLEASE DO NOT BLAME ME AS I ONLY TRYING TO HELP AND I AM NOT EXPERIENCED AS STATED EARLIER. JUST TRYING TO HELP

With your Tier 1 Gen + Extension, you complete 5 years stay on Thursday, 12 May 2016.

Your visa runs out on 30.04.2016

You are eligible to make an application 28 days' before your 5th anniversary.
So you can apply just 28 days before so anytime after Thursday, 14 April 2016 but before 30th April.

Why are you looking to apply under LR when you are eligible through Tier 1? Looks like your wife's ILR may not be approved because of the 90 days' outside the country condition. But she can be make a Flr(m) application if I am not wrong.

Sheffield_Marketeer wrote:With your Tier 1 Gen + Extension, you complete 5 years stay on Thursday, 12 May 2016.

Your visa runs out on 30.04.2016

You are eligible to make an application 28 days' before your 5th anniversary.
So you can apply just 28 days before so anytime after Thursday, 14 April 2016 but before 30th April.

Why are you looking to apply under LR when you are eligible through Tier 1? Looks like your wife's ILR may not be approved because of the 90 days' outside the country condition. But she can be make a Flr(m) application if I am not wrong.

Hi there,
thanks for the quick response actually I have done amendments. My first amendment (for application year) has already been done. I am still waiting for my 2nd one (extension year one) that's why I am scared on this route.

Do you mean tax amendments?

If you would like the tax amendments to take place then I guess waiting for LR is a better idea. Although for LR too all financial checks are done with the same regularity.

sukosukkyboie wrote:

Atik1 wrote:

Sheffield_Marketeer wrote:Y

Hope for the best!

Also, you may not have a valid visa when your application in is processing. That does not make you illegal.

Hi Experts,

Please help me with your valuable advise on the followings:-

I came in UK as student on 03.09.2006 as student.
Got PSW from 2008 to Dec 2010
Granted Tier 1 General for 2 years from 12.05.2011 to 12.05.2013
Extension for 3 years granted from 30.04.2013 to 30.04.2016.
My 10 years will be completing on 03.09.2015 and 28 days qualifying period for LR will start around 07.08.2016.

Family Info

My wife joined me on 13.10.2011 as T 1 General dependent.
we blessed with baby boy in July 2012. Me and my wife got 3 years Tier 1 General extension until April 2016 but we did not apply for our son as he was born here.
In Sep 2014 my wife had to travel back home due to some domestic issues with my son but without my son visa. I applied my son entry clearance in Feb 2015 which was granted.
My wife wife and son joined me back in UK on 10.05.2015.

Questions.

1. What's the best possible way to buy the time to be eligible for LR? i.e. postal application etc?
2. If my postal application is in process by the mid of August will I be eligible to apply on long residency basis?
3. Is my wife eligible for ILR on Tier 1 General route even then she had a gap of more than 180 days?
4. Should we ignore our son application with us at this stage though (he was granted entry clearance) to avoid extra cost?.

Please help me on the above questions.

First I'm far from been an expert on this, i'm in a tricky situation as well if you have read my post, so do relied on my advise. Wait for response from more experience people in the forum and/or also seek a GOOD solicitor.
MY ADVISE IS BASED ON WHAT I HAVE READ ON VARIOUS THREADS AND ADVISE I HAVE RECEIVED ON THIS FORUM.

Response to Que 1: From what i have read, you have like 4 months from your visa end date to your completion of 10 years. Even though you are eligible to apply 28 days prior to the fulll 10 years (I THINK ON THE DAY A DECISION IS BEEN MADE ON YOUR APPLICATION, YOU SHOULD HAVE COMPLETED 10 YEARS). So making a postal application is very would be risky as a decision MIGHT have been made before you complete the 10 years even if you delay going for your biometrics.

2: I don't think so, I THINK ON THE DAY A DECISION IS BEEN MADE ON YOUR APPLICATION, YOU SHOULD HAVE COMPLETED 10 YEARS, So you are looking at 03/09/2016.

3: Asides the gap of more than 180 days, isn't she meant to be on tier 1 general / dependant visa for 5 years for her to be eligible for ILR. If I'm unfortunately right on this, then she will be eligible for ILR on that route on 13/10/2016.

4: To avoid more cost, I guess it could be okay to hold on on your son's application.

WHAT I THINK YOU COULD DO:
Make an application for FLR O or FLR FP on the last feew days of your current visa, strategically and sensibly delay decision as much as you can ( use cheque , delay biometrics registration etc) if luckily by 03/09/2016 a decision hasn't been made, then your could vary your application to SET LR, if a decision has been made before this time, they could grant you or if refused, you can they apply for ILR.
For your wife, you coukd adopt same strategy.

TRY TO READ MORE SIMILAR THREAD TO YOU SITUATION ON THIS FORUM AND YOU CAN SEE WHAT PEOPLE HAVE DONE AND HOW THEY DID IT.


WAIT FOR RESPONSES FROM MORE EXPERIENCED MEMBERS.

SPEAK TO VERY GOOD/ RECOMMENDED SOLICITORS TO SEEK THIER OPINION


N:B : YOU DO NOT HAVE TO FOLLOW MY ADVISE, IF I'M WRONG, PLEASE DO NOT BLAME ME AS I ONLY TRYING TO HELP AND I AM NOT EXPERIENCED AS STATED EARLIER. JUST TRYING TO HELP

Hi there,

I really appreciate for the time you spend to answer my queries. Of course I will not blame you. You are giving me your honest opinion.

Can you please answer again on my questions 1,2 and 3 as I did not understand your answer.
I am confused on the date you mentioned at Q3's answer? TYou mean my wife can apply ILR on Tier 1 General route when my visa expires which is 30.04.2016??

Kind Regards,