ILR same day decision delay

Raj1986 · Post by **Raj1986** » Wed Oct 25, 2017 11:59 pm

Dear All

I have been a regular reader of this forum for quite a while and always get up to date information from the fellows. Guys, I am now in a position where I had to ask a very precise question mainly relating to my circumstances.

Firstly, any fresh case where a non eu family member of an eea national has got their ILR on the same day and what were the main documents and questions they had to produce/face?

I came to the UK in Oct 2007 as a student and after living for a year an half applied for an extension in Jan 2009 which got refused and then eventually gone through an appeal where the Judge asked home office to review their decision again and then Home Office decided to give me the visa, so I never had to reapply for the visa and the original application (Jan 2009) got me the student visa extension in Feb 2011 to August 2012.

After the second dramatic extension, the third extension was all smooth (August 2012 - Feb 2014). In my last year of student visa, I got married to an EEA national in Oct 2013 and got my EEA Family member residence card in Feb 2014.

Now that I have completed 10 years on 10 October, can I go for a same day ILR application? and what are the main documents I should carry and if there is any other advise I may need.

I should be very grateful to all your informative answers.

Thank you.

Amyski04 · Post by **Amyski04** » Thu Oct 26, 2017 8:41 am

You will need to show documents to prove your married partner has been exercising treaty rights from date of marriage to the date of application ie payslips etc
Also co habitation documents like council letters, bills and bank statements for that period can be helpful
Yes You can apply on same day

Raj1986 · Post by **Raj1986** » Mon Dec 04, 2017 8:22 am

Hi All fellows

Now that I can relax knowing the fact that I am not the only one to receive that letter for ''further checks''. Thanks to this forum.

I had been to Cardiff center on 30/11/2017 and I was given a letter saying that there are further checks that HO need to do before approving my application.

I came to the Uk as student in Oct 2007 and then got my visa refused in Jan 2009 as I did not pass my course that I actually came here to do, then I went to appeal against the HO's decision and and that Appeal got refused in Aug 2009, then my lawyer suggested to appeal in the court of appeal as he can clearly see that judge gave the wrong decision, so I went to court of appeal and the appeal went through and I got my leave to remain in 2011 Feb.

After this visa I had another extension in Aug 2012 for two years to be expired in Feb 2014. Then in 2013 Oct I got married to my wife who is an EEA national and got my eea RC in Feb 2014, which is expiring in Feb 2019.

So, now that I have finished my ten years in Oct 2017 so I went to hit the most waited day of my life and they just ask me to wait little longer.

Documents provided:

Application form with two pics
Life in the Uk and Eng test
Photocopies of all air tickets of my absences.
My educational documents since Oct 2007 failed and passed both.
Photocopies of all previous BRPs.

My wife's employment history from HMRC and recent payslips since April 2017.
Her passport.
Marriage certificate
My payslips since I became EEA family member

I tried to give only very relevant documents and I did ask the lady who handed me over the letter if she wants any further document to help processing the application, she said no just wait for the reply.

So guys, any suggestions, what sort of checks they do and what sort of time I should expect them to come back to me, I regret going to one day service as I am afraid that if I do not hear anything back from them until Oct 2018, I will qualify for permanent residence as EEA family member anyways and no cost at all.

Thank you all in advance.

CR001 · Post by **CR001** » Mon Dec 04, 2017 10:04 am

Raj1986 wrote: ↑
Mon Dec 04, 2017 8:22 am
Hi All fellows

Now that I can relax knowing the fact that I am not the only one to receive that letter for ''further checks''. Thanks to this forum.

I had been to Cardiff center on 30/11/2017 and I was given a letter saying that there are further checks that HO need to do before approving my application.

I came to the Uk as student in Oct 2007 and then got my visa refused in Jan 2009 as I did not pass my course that I actually came here to do, then I went to appeal against the HO's decision and and that Appeal got refused in Aug 2009, then my lawyer suggested to appeal in the court of appeal as he can clearly see that judge gave the wrong decision, so I went to court of appeal and the appeal went through and I got my leave to remain in 2011 Feb.

After this visa I had another extension in Aug 2012 for two years to be expired in Feb 2014. Then in 2013 Oct I got married to my wife who is an EEA national and got my eea RC in Feb 2014, which is expiring in Feb 2019. You are required to submit substantial evidence for your spouse to prove that she is a qualified person exercising treaty rights for the WHOLE period that you are using under the EEA rules towards your 10 years long residence. Your payslips are completely irrelevant. Failure to provide the documents SET(LR) asks for in terms of your time on EEA route and you face an ILR refusal.

So, now that I have finished my ten years in Oct 2017 so I went to hit the most waited day of my life and they just ask me to wait little longer.

Documents provided:

Application form with two pics
Life in the Uk and Eng test
Photocopies of all air tickets of my absences.
My educational documents since Oct 2007 failed and passed both.
Photocopies of all previous BRPs.

My wife's employment history from HMRC and recent payslips since April 2017.
Her passport.
Marriage certificate
My payslips since I became EEA family member Completely irrelevant.

I tried to give only very relevant documents and I did ask the lady who handed me over the letter if she wants any further document to help processing the application, she said no just wait for the reply.

So guys, any suggestions, what sort of checks they do and what sort of time I should expect them to come back to me, I regret going to one day service as I am afraid that if I do not hear anything back from them until Oct 2018, I will qualify for permanent residence as EEA family member anyways and no cost at all.

Thank you all in advance.

Raj1986 · Post by **Raj1986** » Mon Dec 04, 2017 3:04 pm

I have filed all her employment history for the relevant years and her payslips for the period.

CR001 · Post by **CR001** » Mon Dec 04, 2017 3:27 pm

Raj1986 wrote: ↑
Mon Dec 04, 2017 3:04 pm
I have filed all her employment history for the relevant years and her payslips for the period.

And proof of cohabitation, i.e. tenancy agreements etc.?

Raj1986 · Post by **Raj1986** » Mon Dec 04, 2017 4:02 pm

No I haven't provided all that, and no where in the form it asks for that. it had only mentioned about the proof of relation and when you became the family member and proof of her exercising her rights, The payslips and the letter from HMRC has got the same address as me, would that not be sufficient? and then her proof of address as her licence.

The form had only mentioned the proof of cohabiting if you are spouse of a settled person, she is a qualifying person but not settle as per the definition of HO.

Raj1986 · Post by **Raj1986** » Tue Apr 10, 2018 2:42 pm

Hello everyone

I could not find my original post about my ILR application, based on Long residence where last 4 years were covered through EEA family residence card.

I applied on 30/11/2017 PSC, I did not attach any proof of cohabitation as the form did not ask and only provided them with my wife's P60s and employer's address, that's it.

They hold the application for further checks.

On 12/12/2017, they asked for proofs of subsisting relation and asked to attend the interview on 18/01/2018. We could not make for the interview as my wife missed the flight, so we rearranged the interview for 27/02/2018.

On 27/02/2018, one lady case worker attended us and took all our documents (bank statements, holiday pics, her family visit pics and few other things) for examination, after about 40 minutes she returned half of our documents and took my wife for her interview.

After about 30 minutes, they both came out my wife was nearly crying as it was her first this sort of interview and then I went in and she been through almost 22 general marriage questions.

1. where did you meet.
2. Whats my favorite food.
3. where did we last shop
4. what did we do on last weekend.
5. colour of bedroom curtains
6. size of flat
7. when we spent a night apart
8. what do I drink
9. physical activity
10 favourite shopping place
11 What did we do on last Christmas
12 who cooke on last christmas
13 what I normally cook for my wife
14 What you ate last night
15 names f my friends
16 name of marriage witnesses
17 How many siblings I have
18 when did I last travel outside the UK
and few more

I finished and then she called my wife again for few more questions. Then she said I will let you know my decision by post later on, as there were few discrepancies in few answers.

on 05/04/2018, I send them a chase email, and they replied back saying please wait.

And today I just got my ILR card in the post.

My advice if you using your EEA time for ILR long residence, please send them as much documents as possible of proof of relations, and her working.

Good luck everyone.

CR001 · Post by **CR001** » Tue Apr 10, 2018 2:46 pm

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