HELP WITH TEN YEAR RULE

Does anyone have an indication as to the likely success rate of these applications that are passed on for further consideration?

What are they considering? I guess whatever issues there maybe with the application but is it now a case of a senior caseworker needing to review it and make final decisions. I did ask this question but the lady didn't know the answer. I will ring again but does anyone have any thoughts on this?

Bill:
Look at the link below. I posted a detail document on how the applications are processed. Your answer is there in the document.

http://www.immigrationboards.com/viewto ... plications

iceman010899 wrote:Hi

I made SAB request and they dont have any landing cards on me. I entered in 1998. I have my passports though. Will this be a problem when applying for ILR under the long residence rule ?

Thanks.

Hi,

Insider, another poster, mentionned that HO only archives landing cards where leave to remain was granted at the immigration desk. As long as you have all your stamps and the dates are clearly visible (especially for the first one), it shouldn't be a problem.

Please help me clarify the following questions:

SECOND AND SUBSEQUENT APPLICATIONS
3.1. Applications lodged during the currency of limited leave

If two or more applications are made during the currency of substantive leave to enter or remain and are undecided, they should be decided at the same time so that if 3C is triggered it will expire at the same time for both applications. If section 3C is triggered after multiple applications have been made, and if exceptionally the applications are not decided together, leave will be treated as continuing until the end of the time limit for appealing against the last decision made.

So then before my current visa expires can I submit for a student application extension which will then be decided if the long residence fails. Is this the correct interpretation ?

Above it says that if the applications are submitted "during the currency of substantive leave ...". So they don't have to made simultaneously do they, just before current leave expires and 3C kicks in ? Right ?

So in practical terms seeing that HO already has my passport what do I send them ? Application form (FLRS), coverletter explaining what I am doing, and other relevant documents as per FLRS application is that it? Other than the required docs for a student application is there anything else I would need to send or watch out for?

Fee of 295 pounds ?

Your assistance is valued.

Thanks for the link Jes2jes. Very helpful and I appreciate your effort.

William,

When does your student visa expire?

It would actually have been better if you had done it the other way around, i.e. apply for the student visa extension, get that, THEN apply for ILR safe in the knowledge that if ILR failed for any reason, you would still have valid leave through the student visa. Oh well, too late now. However, I believe one possible option is to cancel the ILR application and get your passport back (IF you think you may be in danger of being refused and not having the student visa to fall back on). You could then apply for the student visa as normal (extension), then go for the ILR application again as this time you'll be safe in that at least you have the student visa extension.

Obviously you'll lose the 750 pounds but that's a small price to pay for remaining in the country legally...

I am in a similar situation to you. I entered the UK on 2 June 1999 on a visitors' visa, which was due to expire on 2 December 1999. On 14 November 1999 I left the UK and on 17 November 1999 the British Consulate in my country gave me the entry clearance on a writers and artists visa. I returned to the UK on 14 December 1999. Like you I am confused as to what the rules are, i.e. was there a 12-day gap or not (considering that I received my entry clearance BEFORE the visitor visa expired).

Thus I do not know if I should be applying for ILR on 2 June 2009 or on 14 December 2009 (I am currently on HSMP and have been continuously in the UK with no gaps since 14 December 1999).

Would someone be able to clarify this situation please (as it was also raised by Sunnyday earlier) - what is the position when one has received entry clearance outside the UK BEFORE the current visa expires, but if one enters the UK after the old visa expires?

Thus I do not know if I should be applying for ILR on 2 June 2009 or on 14 December 2009 (I am currently on HSMP and have been continuously in the UK with no gaps since 14 December 1999).

Would someone be able to clarify this situation please (as it was also raised by Sunnyday earlier) - what is the position when one has received entry clearance outside the UK BEFORE the current visa expires, but if one enters the UK after the old visa expires

Well, you are in luck. Read the thread below and your answer is there. I have received confirmation from BIA since I had the same issue as you. So long as your residency has been continuous, you should be fine. The IDI allows for different kinds of EC (VV, WHM, WP, HSMP etc) under the LRC. Since your 10th anniversary comes before mine, let me know the outcome when you apply but you should be okay.

http://www.immigrationboards.com/viewto ... c&start=20

William, it seems to me that if you are refused ILR, it is unlikely that an application for a further student visa would then be granted. This is because, as I understand things, student visas are granted based on your intention to leave the country at the time the visa expires, which would conflict with what you have put in your ILR application, all the more so if the new student visa would take you beyond the ten years as counted by the Home Office. As has been said, it may have been better to have applied for student first, then ILR.

That depends ont he course.

Victoria

Thanks for your input.

I understand it is possible to submit for a student visa extension "in the alternative". ie. submit for student visa before current student visa expires so that leave to remian as a student will be considered if ILR is not granted. There is another option to wait for the outcome of the ILR and I understand I will have 28 days within which I can apply for student visa. I am not sure which is best. I worry that if I submit for student visa before they deal with ILR applic they may see that as an easy way to refuse my application ie they will grant student visa and refuse ILR more easily as I won't be requested to leave the UK or an appeal.

I was thinking it may be best to await the outcome to the ILR and then submit for student extension. What do you think?

Thing is if I submit both for ILR and student visa before current leave expires if both are refused I will be able to appeal both. But I understand if I wait and get refused ILR and submit for student visa I will not be able to appeal ILR but only appeal student visa if that is refused but I could have judicial review of ILR then.

Any thoughts on the best way forward ?

On a related matter. I got a letter from Home Office [dated 27/12/07]confirming that my case has " further enquiries that need to be made [on your case] ... and as such the application has been passed to a team where these enquiries can be made".

This of course is what I mentioned above and I have read the doc Jes2jes suggested. Any more comments please ? Is this a bad or good thing ? These cases that go for further considration how are they likely to end up? There are so many views on this. One is that it is a good thing as it is now up to discretion of the caseworker. Another is that applications that go for further consideration (E extended) are ones that have fallen for refusal. Another is that the application is likely to be approved for ILR if further enquires turn out "okay". Anyone can help with this ? What do they mean further enquiries ? Are they actually checking through documents or is that just another way of saying someone else is going to look at it.

I was thinking if they wanted to refuse me they could have done so straight away. So come on guys gimmie feedback give me your informed opinoions where do you think my applic is likely to fall.

Hi All,

I thought I'd update my post. My initial application for ILR based on ten years long residency was refused in 2007. I was able to secure a work permit shortly after the refusal whereupon I availed myself of the overstayer concession left the UK and returned on the work permit. I was particularly sad throughout this time and felt very low having to leave the UK. On my return landing at gatwick, getting the train home I was so elated. When I got home I fell to my kness and thanked God and thought mission accomplished.

For the past two years I have been communicating with the Home Office regarding the refusal on my ILR case, a refusal which never reflected the actual facts of my case nor the immigration rules. I am pleased to say that I have now been granted ILR after a second home office review of my 2007 application. I would like to say thank you to all who offered advice and support.

I also would like to ask now; How do I go about getting citizenship? At what stage can I apply ? I am guessing its still a year later. Also considering that the application was initially meant to be granted two years ago can I apply sooner ?

I should also add that I found the points raised by penanglad indispensable and the case laws lebanon 2008 and tt 2008 drawn to my attention by vinny and jes2jes respectively particularly useful.

congratulation indeed!
your journey finally come to a happy ending with ILR granted~
Why not treat you a holiday to celebrate this?

With best wishes,

no holidays as I never want to leave the UK again.

When can I apply for a British passport ?

congratulations,
you can visit the following link for british nationality.
http://www.ukba.homeoffice.gov.uk/britishcitizenship/

May I please ask few questions:

1) what was the original reason for refusal in 2007?
2) how long did HO take to make refusal decision after you submitted your applications?

thanks

Congratulations!

taylondon wrote:congratulations,
you can visit the following link for british nationality.
http://www.ukba.homeoffice.gov.uk/britishcitizenship/

May I please ask few questions:

1) what was the original reason for refusal in 2007?
2) how long did HO take to make refusal decision after you submitted your applications?

thanks

1) two out of time applications and a one month gap in 1999
2) six weeks

thanks williamblake
I also want to ask you, how could they overturn the original refusal decision?
did you just ask them to reconsider the original decision and they just overturned it?

taylondon wrote:thanks williamblake
I also want to ask you, how could they overturn the original refusal decision?
did you just ask them to reconsider the original decision and they just overturned it?

Well no life is seldom ever that easy.

One application - it is the date of posting that counts; recorded delivery slip presented

second appliaction - section 3c leave was in effect; letter from home office presented

one month gap was not grounds for refusal when the relevant governing laws at the time of the gap and the current immigration laws are kept in mind. cf. immigration order 2000; entry requirements for non-visa nationals in 1999, tt08; lebanon 08 and the points made by penanglad in this post