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Long Residence (10 years) SET (LR) applications

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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skyer
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Re: Long Residence (10 years) SET (LR) applications

Post by skyer » Thu Oct 13, 2016 8:31 am

fnoman786 wrote:
fnoman786 wrote:Hello My Friends,

I have a question with regards to my wife's application for 10 years lawful residence. She arrived in the UK in Jan 2006 and constantly she's getting dependent's visa through out the course of period up until 2009 as being my dependent my PSW visa was curtailed as well as her visa was curtailed as well, this is was due to a deception on my application (which I could not justify due to not having enough evidence) we had to go through number of appeals and hearings and few appeals were granted as well luckily HO decided later in 2014 (after 5 years of appeals) our family was granted with the discretionary leave under route to settlement (10 years one, 30 months). I have 2 kids agred 10 and 7 born here in the UK as well.

My questions are:
1- Would she write that she used deception on her application? as deception was on my application but she was my dependent.
2- All this period would it count towards her lawful residence? as we were went through number of appeals and hearings we were never over stayed.

I would really appreciate your early reply, I did spoke to the barrister about this situation but he was unaware as well.

Please guys! help me out here.

Thanking you in advance.

Kind Regards,
I'm still waiting for a response. Please HELP!
I sent you PM.

fnoman786

Re: Long Residence (10 years) SET (LR) applications

Post by fnoman786 » Thu Oct 13, 2016 9:01 am

Hi - I''m sorry for some reason I'm' not authorised to see PM's.
Please try and send your thoughts here if possible.

Much appreciated.

noajthan
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Re: Long Residence (10 years) SET (LR) applications

Post by noajthan » Thu Oct 13, 2016 11:12 am

fnoman786 wrote:Hi - I''m sorry for some reason I'm' not authorised to see PM's.
Please try and send your thoughts here if possible.

Much appreciated.
New members can't enjoy PM feature until they have proved their credentials with 30 posts.
Anyway, safer and more inclusive to share in public so all concerned may benefit.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

fnoman786

Re: Long Residence (10 years) SET (LR) applications

Post by fnoman786 » Thu Oct 13, 2016 12:48 pm

Yes please. Agreed!

sunnysunny1994
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Re: Long Residence (10 years) SET (LR) applications

Post by sunnysunny1994 » Thu Oct 13, 2016 3:46 pm

Hello everyone,

I am new in this forum. I am bit worry about my long residency visa applied in June 2016, Biometric done on 01/08/2016 and still waiting. Just like to ask about average processing time. secondly, are they really checking previous taxes as my soilicitor saying HO is not really checking taxes as i have issue of my one year tax which is underpaid. Need reply. Thank you

imi99999
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Re: Long Residence (10 years) SET (LR) applications

Post by imi99999 » Sat Oct 15, 2016 10:54 pm

Hi All
Sending 2 Set (LR) by post for my 2 daughters. Can I post in one special delivery envelope or would I need 2 special delivery envelope ie. One for each

Mikal82
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Re: Long Residence (10 years) SET (LR) applications

Post by Mikal82 » Wed Oct 19, 2016 5:55 pm

Alhamdulillah i hav got my ILR on the basis of 10 year long residency after Tier 1 .
Sheffield same day took 3 hrs with no issues .
Just wana say thanks to all members who helped me on this forum and the website whixh has provided us this forum.

God bless u all

paru.org
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Re: Long Residence (10 years) SET (LR) applications

Post by paru.org » Wed Oct 19, 2016 6:35 pm

congrats mate,
was it tier1 gen or entrepre??
Mikal82 wrote:Alhamdulillah i hav got my ILR on the basis of 10 year long residency after Tier 1 .
Sheffield same day took 3 hrs with no issues .
Just wana say thanks to all members who helped me on this forum and the website whixh has provided us this forum.

God bless u all

Mikal82
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Re: Long Residence (10 years) SET (LR) applications

Post by Mikal82 » Wed Oct 19, 2016 6:37 pm

Thanks bruv
It was Tier 1 Entrepreneur.

paru.org
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Re: Long Residence (10 years) SET (LR) applications

Post by paru.org » Wed Oct 19, 2016 6:40 pm

great stuff, m on same and going for setlr in jan.

plz tell did they ask any docs or u submitted any of entrepre docs before they ask?? any sort of questions /interview plz share, thx
Mikal82 wrote:Thanks bruv
It was Tier 1 Entrepreneur.

paru.org
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Re: Long Residence (10 years) SET (LR) applications

Post by paru.org » Wed Oct 19, 2016 6:43 pm

i sent u PM, plz check, thx
Mikal82 wrote:Thanks bruv
It was Tier 1 Entrepreneur.

IS777
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Re: Long Residence (10 years) SET (LR) applications

Post by IS777 » Thu Oct 20, 2016 12:48 pm

Hello,

Can anyone assist with a proper advice on the chances of making an ILR application on the basis of the following history?

1. I entered UK on 22nd September, 2005 on student visa, extend student various student visa in time until 31st January, 2009.
2. Make an in time application for tier 1 post-study work visa on 31st January, 2009. Application refused on the basis of maintenance and photo copy documents. Make an in time appeal and won the appeal successfully. Got post-study work visa until 8th September, 2011.
3. Make in time FLR(o) application on 22nd August, 2011. Application refused. Follow an in time appeal process with no success and final judgement came on 31st January, 2012.
4. I Was already enrolled on PhD course from September, 2011 but the reason for sending an FLR(o) application instead of Tier 4, is that I was also running a business which I started on my post-study work visa and I couldn't continue study and business on Tier 4 visa. The plea in FLR(o) application was to get some time to sell the business and then move back to Tier 4.
5. However, following the unsuccessful appeal process of FLR(o) application that ended on 31st January, 2012. In order to continue with my PhD, I sent Tier 4 application on 8th February, 2012, which has been refused for maintenance funds issue on 17th May, 2012 with no right of appeal and I received the refusal letter on 24th May, 2012. They also forward my passport to enforcement team and asked me to get in touch with them. I sent a letter to UKBA on 29th May, 2012 with explanation as to why I can't leave and I am sending a fresh application with full documents.
6. I sent a fresh application with full documents on 8th June, 2012. This application has been lost somewhere in the UKBA and they arrest me for deportation in October, 2012. I maintained my position that my application is in process and got a relief from High Court. The time was passing and in the end UKBA accepted that we have the application and we would like to reconsider the application, if I take my case back from High Court. I accepted the offer. They re-consider the application and issue me visa in January, 2014.
7. Following this, I renew my visa couple of time by sending an in time applications and now I am on post-doctoral extension visa, which is expiring on 8th June, 2017.

Summary: Overall I completed more than 10 years. In my person opinion, the history looked relatively straight forward until 31st January, 2012 if I take into account Section 3c protection. And again the history looked relatively straight forward, if I take into account the 8th June, 2012 application and the time spent after that. However, the gap between 31st January, 2012 and 8th June, 2012 is of concern. I did send my first Tier 4 application on 8th February, 2012 which is refused on 17th May, 2012 and I received the letter on 24th May, 2012 but I don't know if this application can be counted towards lawful residence or not? Because with this application total gap is less than 28 days and without this application total gap is more than 28 days.

I am looking forward for clear and true advise on this matter because some solicitors say it is possible and some say it is not. Thanks in advance.

raj2323
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Re: Long Residence (10 years) SET (LR) applications

Post by raj2323 » Sat Oct 22, 2016 12:37 pm

All,
Received my SET LR approval letter today. Below is the timeline for the whole process. Thank you very much for the support and info in this forum. Really helpful. Postal premium upgrade do work but will need to wait nearly 4 weeks from the provisional acceptance email until a decision could be made. timeline as below. thanks.
APPLICATION SENT 18/08/2016 THURSDAY
PAYMENT TAKEN 23/08/2016 TUESDAY
confirmation email received 31/08/2016
BRP letter date 30/08/2016 received on 1/9/16
BRP done 02/09/2016
Premium postal upgrade 28/09/2016 application+payment form sent- due to urgent travel on 27/10/16
Provisionally accepted 29/09/2016
Auto generated 30/09/2016 email saying decision can take up to 6 months
Premium upgrade payment taken 13/10/2016
Decision confirmation email received 20/10/2016
Received approval letter and passport 22/10/2016

My visa history
04/09/2006 student visa granted
13/09/2006 entered UK
Oct-09 renewed student visa, rejected
2010 appeal rejected, upper tribunal accepted- rejection due to my birth certificate is in Malaysian language and not been translated and certified
Dec 2010 received student visa for 3 months until February 2011
Feb-11 student visa extension rejected, appeal rejected, higher tribunal rejected- same reason even though birth certificate supplied with translated copy.
Jul-11 while on student visa appeal, applied for PSW as I've completed my degree
Feb-12 PSW for 2 years
Feb-14 Tier 2 until Feb 17

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Re: Long Residence (10 years) SET (LR) applications

Post by jml689 » Sun Oct 23, 2016 7:12 pm

Hello,
I am applying for the 10 years settlement in UK, I have posted my application form to home office, and after 10 days I've got a letter telling me to enter in my fingerprints for my biometric card.I had a problem entering my signiture into the machine, and I don't think it looks exactly the same as the signiture on my passport. However after 1 months I've got an email saying my application is under consideration. But recently I've got a letter telling me to go to an appointment in order for them to make a decision on my application.They did not specify for me to bring any other documents.
My daughter and I came to the UK together, we both had a student dependent visa, and later on we got a work permit dependent visa. She and my husband both had an in person appointment, where they both got their indefinate leave to remain application accepted. And I posted my form the next day.

Do you have any suggestion on why they want me to attend an appointment? could this mean there is something wrong with my application form? could the difference in the 2 signitures means they want me back to confirm it?
Thank you for your help.

Tvkumar
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Re: Long Residence (10 years) SET (LR) applications

Post by Tvkumar » Tue Oct 25, 2016 12:40 pm

URGENT ADVICE NEEDED PLZZ!!
I am going for SET(LR) appointment in PEO on Friday. I am filling application SET (LR) form and am having problems with interpreting section D (immigration history).
My current visa status is " limited leave to remain on basis of private life" and has been for the last 2 yrs. My daughter is a UK citizen. Does this mean "I stayed in the UK as a family member of an EEA national exercising treaty rights"? never crossed my mind before.
Please suggest..

thanks,
K

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Re: Long Residence (10 years) SET (LR) applications

Post by jml689 » Wed Oct 26, 2016 1:19 pm

jml689 wrote:Hello,
I am applying for the 10 years settlement in UK, I have posted my application form to home office, and after 10 days I've got a letter telling me to enter in my fingerprints for my biometric card.I had a problem entering my signiture into the machine, and I don't think it looks exactly the same as the signiture on my passport. However after 1 months I've got an email saying my application is under consideration. But recently I've got a letter telling me to go to an appointment in order for them to make a decision on my application.They did not specify for me to bring any other documents.
My daughter and I came to the UK together, we both had a student dependent visa, and later on we got a work permit dependent visa. She and my husband both had an in person appointment, where they both got their indefinate leave to remain application accepted. And I posted my form the next day.

Do you have any suggestion on why they want me to attend an appointment? could this mean there is something wrong with my application form? could the difference in the 2 signitures means they want me back to confirm it?
Thank you for your help.

hksujan
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Re: Long Residence (10 years) SET (LR) applications

Post by hksujan » Thu Oct 27, 2016 11:09 pm

***********I''m sharing my long SAD STORY ... I'M BEGGING EVERYONE'S HELP & SUGGESTIONS FOR MYSELF & MY FAMILY. PLEASE HELP ME WITH VALUABLE ADVISE YOU HAVE.*************

I first entered the United Kingdom on 13 October 2004 as a student this visa was valid to 31st of October 2005 and then I made a number of in time renewals as a student. Please note I went back home to got married in 2005. Then we have our first son born in 2006 December. We have our second child born in 2012 December ( UK)

My wife came to this country on second of march 2006 as a student not dependent on me.

One 27 March 2014 I made an application for an extension of leave to remain in the United Kingdom as a student that application was refused by the security of state in a letter dated seventh of May 2014 I received a letter on 15th of May 2014 ,the secretary off state stated that the reason for this vision was that I failed to meet the requirements of paragraph 245ZX (HA) on the immigration rules.as a result I didn't have any right to appeal against that decision.

On third of June 2014 me and my wife and my eldest son made an application for leave to remain on the basis of their protected rights under article 8.this application was made on two separate application forms separating the first claimants which was me from the rest of the family however the applications were submitted in the same envelope and it was requested that the secretary of state considered them together under one set of re-presentation. Please note I made this application within 28 days.

now cut the story short , after had hearing at first tribunal & upper tribunal finally my wife and my eldest son head right to remain in the United Kingdom and we have received a discretionally for my wife and my son middle of September 2016.as my wife were in this country lawfully for 10 years we went to Glasgow and made an application for long residency for ILR and she has got that ILR on 19th of October 2016.we are planning to get our eldest son British citizenship within a week by filling MN1 form.

Meanwhile on the 14th of October my judiciary view where dismissed as well as respected Judge didn't give me any right to appeal to the Court of Appeal even though my wife has got ILR.

Please note I never overstayed in this country and made all the application on time but when I was refused in the first place without any right to appeal eventually that gives a break to my 10 years long residency and I can't apply for ILR!!

Can someone please advise me what would be my best possible way to stay with my family and my children. Should I withdraw the current application and make a fresh application under my wife or my son.

Could you please also let me know whether I can apply under my wife (as a spouse) on same day service under any rule.

Best regards

J

Tvkumar
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Re: Long Residence (10 years) SET (LR) applications

Post by Tvkumar » Fri Nov 04, 2016 6:31 pm

Tvkumar wrote:URGENT ADVICE NEEDED PLZZ!!
I am going for SET(LR) appointment in PEO on Friday. I am filling application SET (LR) form and am having problems with interpreting section D (immigration history).
My current visa status is " limited leave to remain on basis of private life" and has been for the last 2 yrs. My daughter is a UK citizen. Does this mean "I stayed in the UK as a family member of an EEA national exercising treaty rights"? never crossed my mind before.
Please suggest..

thanks,
K
Update. Had my appointment on 02.11.2016 at Liverpool. Got ILR SET(LR) Received biometric card by post today 04.11.2016.
Thank you all for the advice and help. Very much appreciated.
Will be happy to help if anyone needs advice.
Thanks
K

amrs
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Re: Long Residence (10 years) SET (LR) applications

Post by amrs » Sat Nov 05, 2016 5:04 pm

Hi, I applied for ILR by taking PEO service and expected to received decision on same day but unfortunately HO hold my application for further checks. We all had discrational leave after refusal of Tier 1 General extension and I had lawfully completed 10 years. I am still director of LTD company since it was established and taxes were paid as per accounts made on annual basis. I also do have a permanent job from where I get regular income after tax & NI contribution. No criminal history, paying a debt which was agreed with vendure never been to any court and I am paying beacuse my name was involved with other people and they are all gone, so vendure expect me to pay all. I got personal licence with no offence, no driving convictions.
HO is holding my application by giving no time scale, any body in same boat as me or any suggestion what I can do?

UserILR
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Re: Long Residence (10 years) SET (LR) applications

Post by UserILR » Tue Nov 08, 2016 6:15 am

paru.org wrote:there was no need for 2nd set lr, u shld have gone throg with 1st one, but i wonderhowcome 2 same application in process, when u have 1 pending application , u can vary with diferent on like flr to set lr, but u did from set lr to set lr.
but anyway u were covered by 3c,as long as u made in time 1st application.

can u pls tell me how many times home office sent u biometric reminder, and did u email them to get reminder bio letter or they sent it byself??
as i am in same situation.
thx
sajid_016 wrote:Just need a quick advice plz. Came to UK 01st Oct 2006, applied set lr on 10 years basis on 10th July (last visa TIER-I Gen exp 12th july) but 10 years completing 01 oct. I missed couple of biometrics n done my biometric on 27th Sep. Now as I can legally apply for Set lr my solicitor asked me to post a new Set lr with new fees saying, Once it will be acknowledged we can withdraw first application.
Posted 2nd Set LR on 8th Sep with fees (Deducted after a week) and getting Biometric letter for this application which I am ignoring.
Wrong advice from lawyer has messed up my case. Was I covered under 3C for the gap with first SET LR application. Was there any need of sending 2nd application with new fees? Can I withdraw 2nd application if I am covered under 3C? Will I get fees back?
What would you suggest?

regards
you can not vary application from setlr to setlr. you should not have ignored biometrics letter they can invalid your setlr application.

Esther67
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Re: Long Residence (10 years) SET (LR) applications

Post by Esther67 » Tue Nov 08, 2016 2:01 pm

Hello. Thanks for this great forum. I have learnt alot. Please I have a question.
My husband will be applying for ILR in January 2017 based on 10 year residence and I am his dependant. I am currently his Tier 2 visa dependant and the visa expires on 30 August 2017. I will not be eligible for ILR based on 10 year residence until 27 January 2020. Our plan is for hubby to apply for ILR in January 2017 and once he gets it, I will wait till about July 2017 (visa expires 30 August 2017) before applying for spousal visa so that the new visa will carry me till the full 10 year residence required for ILR.
My first question now is that, will I be able to wait that long before changing my status since technically my husband's tier 2 visa would no longer be existing? Is it compulsory to change my status immediately hubby gets his ILR?
My second question is that if I move house while my application is still pending, can I validly notify HO of my change of address to send my passport and visa without any issues?

Many thanks in advance.

teminee
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Re: Long Residence (10 years) SET (LR) applications

Post by teminee » Tue Nov 08, 2016 6:47 pm

Hi! great forum
Please i have a question. Pardon me for the long post :). I want to apply in April 2017 for ILR through the 10 year long residence. Arrived in 2007 as a dependant to an HSMP applicant, relationship broke down along the line and was refused the extension of my visa. I put in another application through 7 years child consent route was refused. Appealed to the upper tribunal and my appeal was refused because my solicitor was 1 day over the the 28 day given i.e BC expired on 16th of June 2014 and the appeal submitted on 16th of July 2014. I was then sent a letter by the upper tribunal that the matter be withdrawn by consent order and that it will be reviewed and decision reconsidered. I was later granted 30 months leave to remain under the 10 year family route.
OK my question is this, come APRIL 2017 i will have reached 10 years in the country.
Am i still eligible for the 10 years long route application?
Many thanks in advance.
T.

peter6942
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Re: Long Residence (10 years) SET (LR) applications

Post by peter6942 » Tue Nov 08, 2016 9:01 pm

Thanks very much to all who offer advice and answer questions on this forum - I am currently completing the SET (LR) application form (Long Residence - 10 years), and this forum has been really useful. However, I have two questions about the supporting evidence required for this application, which I'm wondering if someone can help me with. I arrived in the UK in September 2006. I was a student, living in halls of residence, from 2006-2012, and I have been here on a Tier 2 visa since then.

1. Section 4 - Documents

There is a long list of documents (doctor's letters, utility bills, HMRC letters, etc) which the form says "You must provide". Are multiple documents required for each of the 10 years? I have nearly all of the required documents for 2012-16, and I have confirmation of student status letters from my University for 2006-2012. However, I don't have any other documents for the period 2006-2012, when I was living in halls of residence, and I'm concerned that I don't have any proof of my address for that time. I have contacted my University, bank, GP surgery and mobile phone provider to ask if they can give backdated documents or confirmation of my address at the time - would one of those be sufficient, or would I need more supporting documents for that period?

2. Section 2: D3 - absences

I have a total of 500 days absence from the UK in the past 10 years, including some absences of 80+ days (University summer holidays). What evidence is required to prove that I haven't been absent for more than the limit of 540 days? The only evidence I have is stamps in my passport. However, for trips back to my (former) home country, the only stamp in the passport is when I arrived back in the UK, so my passport stamps can't prove the length of those trips.

Many thanks in advance for any advice, and apologies for the long post - I have tried to include all the necessary details.

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Re: Long Residence (10 years) SET (LR) applications

Post by amakhtar » Thu Nov 10, 2016 2:31 am

hi there

i m more or less in the same boat please advise

i came to uk in dec 2006 on student dependent now my husband and kids are British national and now in mid Oct 2016 my current leave to remain was going to expire then i have applied FLR FP but in Nov 2016 i m eligible for ILR LR, as 28 days before we can apply i have book appointment on premium service counter for ILR LR my query is ?

what's the process of vary the application :?: i have try to read notes guidance but its really confusing someone have wrote i have to email them and until i didn't get confirmation letter i can't vary application and other says i have to write letter in post along with application, but in my circumstances i m going to premium service for ILR LR i couldn't find any relevant information for vary the application please advise

and someone told me i m not eligible for premium service as my one application is already with Home office and they can't give any decision on the same day ?

i can understand the circumstance they can't provide decision on the same day but at least they won't take years to reply as my family friend have applied two application and they took 2 years and 4 months ?

please advise me i would be very much thank ful

paru.org
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Re: Long Residence (10 years) SET (LR) applications

Post by paru.org » Thu Nov 10, 2016 10:26 pm

An applicant can vary an application at any time before a decision is made on it. They can do this if they want to be considered for a grant of leave on a different basis to their initial application.
If the applicant wishes to vary their leave for a purpose where a specified application form is required, they must complete the new form and meet all the requirements of paragraph 34A of the Immigration Rules and the Immigration (Health Charge) Order 2015, for the variation to be valid.
A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.
Page 57 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
Variation application made following initial application – the applicant will pay the immigration health surcharge with the application. Some, or all of, the surcharge paid with the initial application will be refunded…..: Page 28 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
One need to fill the current application while applying for any Immigration application on that date .... ((Whoever, booked for Premium before and then need to fill the latest application while applying.... ((Sometime, the Caseworker don't even listen what expressed by the UKVI Customer Advisor.... ((For all Premium booking NO need to fill the Payment section in the application ... just attach the payment confirmation print out ..... ((Please have a look : Specified forms and procedures for applications or claims in connection with immigration : https://www.gov.uk/guidance/immigration ... -in-the-uk
Specified application forms and procedures - Publications - GOV.UK
Modernised guidance for how UK Visas and Immigration considers application forms and procedures for immigration applications and claims.
gov.uk
amakhtar wrote:hi there

i m more or less in the same boat please advise

i came to uk in dec 2006 on student dependent now my husband and kids are British national and now in mid Oct 2016 my current leave to remain was going to expire then i have applied FLR FP but in Nov 2016 i m eligible for ILR LR, as 28 days before we can apply i have book appointment on premium service counter for ILR LR my query is ?

what's the process of vary the application :?: i have try to read notes guidance but its really confusing someone have wrote i have to email them and until i didn't get confirmation letter i can't vary application and other says i have to write letter in post along with application, but in my circumstances i m going to premium service for ILR LR i couldn't find any relevant information for vary the application please advise

and someone told me i m not eligible for premium service as my one application is already with Home office and they can't give any decision on the same day ?

i can understand the circumstance they can't provide decision on the same day but at least they won't take years to reply as my family friend have applied two application and they took 2 years and 4 months ?

please advise me i would be very much thank ful

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