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long residence - queries

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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yskvtest
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Tier2 iCT to General -> ILR

Post by yskvtest » Mon Jul 13, 2020 3:53 pm

Hi admin,

This is regarding ILR for ICT visa prior to April 2011.

my scenario : came in sep 2010 in ict and staying since then till now, current visa expires in March 2021.
on long residence iam eligible in aug 2020.

However
1. My wife came in 2010 sep as a dependent on my ict visa
2013 July 3rd she went back and came back in 2014 September 1st.
There was a break of 18 months(6+9) due to health issues. She has been staying without a break since Sep 2014.

2. if I would apply ilr on long residence from aug 2010 to aug 2020, then as a dependant my wife also has to stay 10 years since 2010

But there was a break of 6+9 months in 2013/2014. hence I believe she has to wait till 2024 for ILR on the basis of long term residence . is it correct or will she checked only last 5 years once I get ILR this year

Hence from ict , i will move to Tier 2 general in august and then apply ILR after that. is this case valid?

if apply ilr on basis of tier 2general, this year itself both will be eligible for ILR. she will be checked only last 5 years from aug 2020. is this true?


Kindly clarify me
Thanks in advance

Yogin

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zimba
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Re: Tier2 iCT to General -> ILR

Post by zimba » Mon Jul 13, 2020 4:12 pm

I assume your initial visa was issued after 6th Of April 2010, so time spent under that route cannot be used to get ILR under Tier 2 at all. You need either 5 years under Tier 2 General or apply under long residence. Your wife must switch to family route FLR(M) after your ILR and wait until 2024 when she can apply for long residence on her own.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

yskvtest
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Re: Tier2 iCT to General -> ILR

Post by yskvtest » Wed Jul 15, 2020 12:46 am

Many thanks for your reply, much appreciated.

1. My wife has a genuine case which was a health issue hence she couldn't come back between July 2013 to Aug 2014, can we try applying for her on 10 years long residence on the exception circumstance

1. my son born in India in July 2007, my daughter also accompanied us in Aug 2010 and staying since then till now. her visa expires in 2021. but she also couldn't come back as she accompanied her mother in the above period 2nd July till Aug 2014

can I apply 3 applications together on long residence way (mine 10 years long residence, no gap)
my wife (absence of 15 months due to health issues), child (gap of 15 months similar to mother )?

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Re: Tier2 iCT to General -> ILR

Post by zimba » Wed Jul 15, 2020 2:23 am

yskvtest wrote:
Wed Jul 15, 2020 12:46 am
Many thanks for your reply, much appreciated.

1. My wife has a genuine case which was a health issue hence she couldn't come back between July 2013 to Aug 2014, can we try applying for her on 10 years long residence on the exception circumstance

1. my son born in India in July 2007, my daughter also accompanied us in Aug 2010 and staying since then till now. her visa expires in 2021. but she also couldn't come back as she accompanied her mother in the above period 2nd July till Aug 2014

can I apply 3 applications together on long residence way (mine 10 years long residence, no gap)
my wife (absence of 15 months due to health issues), child (gap of 15 months similar to mother )?
Discretion for absences under long residence is exercised very rarely. Long residence is an individual application where one has to apply on their own and qualify on their own. There is no concept of a dependant. Each of you should apply separately under long residence if you qualify.

Children born outside the UK follow the immigration path of the less privileged parent unless they qualify under long residence on their own. Alternatively, such children can settle immediately via SET(F) if and only if both parents hold ILR.

Your wife does not qualify under long residence as she does not have the continuous residence, so she should switch to FLR(M) and wait until 2024. The children will follow her immigration path if they cannot get ILR under long residence on their own. If your wife applies under long residence, UKVI most likely refuses her ILR and will offer her limited leave to remain under 10-year family route.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

yskvtest
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ILR list

Post by yskvtest » Tue Jul 21, 2020 10:03 pm

Dear admin,
first of all much appreciated and thanks a lot for helping people who are having questions in this immigration board. Hats off!

Kindly assist me for my few queries :
1. am due for ILR on 10 years route on 1st August 2020.
Can any one kindly send me the complete list of documents that are required to submit ILR.
2. do i need to submit address proofs for all 10 years? or last 2 years sufficient

3. I have a joint account with my wife . in order to prove that both are staying in same address, can i submit bank statement for 2 years (48 months) of me and wife bank letters (joint account addressing both names). will that sufficient for this query - 'If your spouse is in UK, please provide evidence of cohabitation with your spouse for up to two years'

4. Can i wait for super prioirty same day appointment or submit a standard application. becuase i heard even standard application is bit fast nowadays.

5. In case if i want to go India urgently(due to covid situations back home for any emergency) can i withdraw the application after biometrics, in that case will i get my fee back? My current visa expires on march 8 2021.

Thanks again for your support

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Re: ILR list

Post by zimba » Wed Jul 22, 2020 12:24 am

1. All passports over the last 10 years, LIUK, English language
2. No such evidence is ever required
3. Long residence has nothing to do with your spouse. NO such evidence is required
4. There is no super-priority, you only have one option
5. No refunds will be given in that scenario
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

poper
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Re: ILR list

Post by poper » Wed Jul 22, 2020 8:00 am

It may be possible to obtain a refund only if the biometrics were not submitted

https://www.gov.uk/cancel-visa
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

yskvtest
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Cancelation before biometrics and apply for super prioirty

Post by yskvtest » Fri Jul 24, 2020 11:16 pm

Hi Admins,

Many thanks for your continuous support to various applicants. much appreciated

kindly help me in the below queries

1. am due to ILR in august 2020 (my entry clerance is 27/08/10) which date am eligible to apply for ILR? Is it on 3rd or 4th august
2. i heard standard service is the only option. but i heard its bit fast and better to apply this rather for waiting for super priority..is it true. is waiting could be the better option?

3. if i apply for standard and before i submit biometircs, if home office opens superiority, can i cancel this exact one and immediately the next day can i apply for super priority. ? is there any upgrade option
do i need
to wait for 24 hours after canceling
my current visa expires anyway in march 2021.
4. is any Character certiifcate to be attested along with the application.
5. is bank statment should bep rovided for last 2 years?

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Re: Cancelation before biometrics and apply for super prioirty

Post by CR001 » Sat Jul 25, 2020 6:49 am

1. You can apply no sooner than within 28 days before the 10th anniversary of the date you ENTERED the UK, not your visa issue date.

2. Your choice if you choose to wait to see if/when super priority resumes.

3. Yes you could. You will have to pay again. There is no "upgrade" option.

4. No.

5. No.
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yskvtest
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ILR - 10 years long residency query

Post by yskvtest » Fri Jul 31, 2020 2:00 am

Many thanks for assisting lot of people in the group, Much appreciated

one question is bit confusing in the 10 year long residence

Do you have any other reasons for wanting to stay in the UK? (Required)

can i give my genuine reason as below:

My 2 children are studying here in primary and secodnary school. My youngest son born in Uk. My children's education will be affected and they will struggle to adjust and adapt to live outside the UK. I'd like to stay here on the basis of 10 years ong residency and commitment to my full-time permanent job and the social life I've established here.

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Re: Cancelation before biometrics and apply for super prioirty

Post by vinny » Fri Jul 31, 2020 2:21 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: ILR - 10 years long residency query

Post by AmazonianX » Fri Jul 31, 2020 5:39 am

yskvtest wrote:
Fri Jul 31, 2020 2:00 am
Many thanks for assisting lot of people in the group, Much appreciated

one question is bit confusing in the 10 year long residence

Do you have any other reasons for wanting to stay in the UK? (Required)

can i give my genuine reason as below:

My 2 children are studying here in primary and secodnary school. My youngest son born in Uk. My children's education will be affected and they will struggle to adjust and adapt to live outside the UK. I'd like to stay here on the basis of 10 years ong residency and commitment to my full-time permanent job and the social life I've established here.
The above answer demonstrate how you have integrated and established life in UK - children schooling, employment, social life. Even though not much but would say it suffice as per your reality.

yskvtest
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long residence - queries

Post by yskvtest » Fri Jul 31, 2020 12:57 pm

Dear Admin,

Good day! Many thanks for the Swifty replies and assisting lot of people. Well done!

Would you please help in the below query for long residence applciaiton. iam slightly confused what is the best response to give


1. Are you part of any social groups or do you have other cultural ties in your country of birth, nationality or any other country where you have lived for more than 5 years?


In my view, the answer could be
No
becuase
I spent most of my time in UK in the last 10 years. My family and 3 children with me where i have my 3rd child born in UK 2 years ago. also I have cultural and solcial ties in the UK as I feel comfortable and confident to relate with UK culture. During my long years of residence in the UK my ties to home country are greatly diminished.

please correct me if am wrong or the best way of giving answer to this

Many thanks again, have a wonderful day

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Long residence - queries

Post by CR001 » Fri Jul 31, 2020 1:16 pm

vinny wrote:
Fri Jul 31, 2020 2:21 am
Posts merged.
Please read the forum rule link above about multiple topics!!
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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