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10 years long residence 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

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

coolboyuk
- thin ice -
Posts: 97
Joined: Tue Mar 09, 2010 5:57 pm

Here I AM

Post by coolboyuk » Tue Mar 09, 2010 6:04 pm

I am proudly joining you guy as I applied for my ILR on the 26th Jan 2010 and still waiting. after I read all your posts guys, I am really worried now.

Should we ALL do something about this as one of the member says here that "we are being treated worser than an asylum seeker" .

the amount of fees thay charge £820 , you would expect to get your passport back in 3 days wont you?

boonbin
Junior Member
Posts: 62
Joined: Sun Feb 28, 2010 1:38 am

Re: Here I AM

Post by boonbin » Tue Mar 09, 2010 6:15 pm

i think u still have long way to wait now since u only apply end of Jan.
the situation is that our category 10 years lawful being treated unfairly and no promising in timeline. some Asylum case without pay penny n gained ILR within 6 months. that is rediculous. we all should rise an issue and complaints to UKBA how we being treated and no indicated of 5% applicants after six months how long have to wait, no timeline and other information can provided, that could took couple weeks, couple months, or couple years......is getting the point that i really giving up n just leave the country for good now!

kiwigirl25
Member of Standing
Posts: 310
Joined: Fri Feb 05, 2010 10:46 pm

Re: Here I AM

Post by kiwigirl25 » Tue Mar 09, 2010 6:58 pm

boonbin wrote:i think u still have long way to wait now since u only apply end of Jan.
the situation is that our category 10 years lawful being treated unfairly and no promising in timeline. some Asylum case without pay penny n gained ILR within 6 months. that is rediculous. we all should rise an issue and complaints to UKBA how we being treated and no indicated of 5% applicants after six months how long have to wait, no timeline and other information can provided, that could took couple weeks, couple months, or couple years......is getting the point that i really giving up n just leave the country for good now!
If you want to prepare a good case for complaint and send it to your local MP, Home Secretary etc (which you will do to get the attention it deserves), you will need to collate more statistics and additional information - what do these applicants have in common apart from applying under the long term residence rule. At the moment you are only focusing on those who unfortunately have or have had a long wait. There are others here who have fortunately received their decision within 2-3 months. I read one case who received their decision in 5 weeks!!! If you collate this statisical information, along with other information, this is concrete evidence when raising your complaint. For example, 80% waited 6+ months whilst 20% waited < 6 months.

Also make comparisons against 5 year apps. The majority of these applicants get a decision within 6-8 weeks!! Why do they have preference over someone who had made the UK their home for 10+ years?

My old job was to prepare papers to convince the "powers that be" to take action on certain issues. It wasn't good enough for me to say there was a problem but I had to back it up with statistics and other figures for a case to be taken seriously.

However you do have an issue whereby the users of this board respresent a small portion of immigrants applying under the 10 year rule. Unless you have access to 10 year rule waiting statistics then you might not have strong enough evidence to back your complaint.

But if you don't try you don't achieve. If you feel strongly about this matter then take action.

With regards to asylum cases, geniune asylum seekers are fleeing for their lives and have very little possessions and money. So it is the Goverment's best interest to ensure their cases are dealt with as quickly as possible. Now for those bogus asylum seekers, I totally agree with your point.

Croydon
Newly Registered
Posts: 26
Joined: Sat Nov 28, 2009 4:55 pm

Post by Croydon » Tue Mar 09, 2010 8:01 pm

boonbin wrote:Hi Croydon, is your case currently handled at Liverpool immigration casework (LIC)? what number did you called? 08706067766? your case has allocated to caseworker and under active review? i have not call contact centre for two weeks now, since i know that i will get recorded voicemail like robot preset......
The report from my local MP after I contacted him the second time on 16 February 2009, says my case is under active review.

When I called 08706067766 last week, they told me my case is handled in liverpool.

When I called 08706067766 today, they told me my case is being reviewed by a case worker.

I hope the responses I have received from different sources can show the real progress of my application.

coolboyuk
- thin ice -
Posts: 97
Joined: Tue Mar 09, 2010 5:57 pm

Re: Here I AM

Post by coolboyuk » Tue Mar 09, 2010 8:08 pm

valid point kiwigirl about genuine asylum seekers, however this is still not fair on us. I wonder how we approach this issue as i have no previouse experience in this [leadership]..lol. boonbin, yes, i still have a long way to go it seems. and please DO NOT GIVE UP. :cry:

Croydon
Newly Registered
Posts: 26
Joined: Sat Nov 28, 2009 4:55 pm

Post by Croydon » Tue Mar 09, 2010 8:10 pm

foxy wrote:
Croydon wrote:Hi, I am the third in the list.

I just called the enquiry line to check the progress and they told me my case is now being reviewed by a case worker. I hope this will make some real progress.
Hopefully some good news in the next week or two!!

One positive thing is that your case has now been assigned. The rest of us are still being fed the usual drivel of our case still being "in progress" with no additional info available.
After calling them many many times, I found they all will tell you first that "Your application is not completed yet. Please wait UKBA to contact you.".

Then depending on who answered your call, some of them will answer your specific question. e.g. where is my application currently processed? has my application been assigned to a case worker? Some of them will say they can not provide any more specific answers to your questions.

Another advice I received today over the phone is, if we need to write directly to check the progress, write to the following address with recorded mail and your letter will be forwarded to your case worker:

UKBA
Lunar House,
40 Wellesley Road,
Croydon CR9 2BY

foxy
Junior Member
Posts: 89
Joined: Wed Jan 27, 2010 4:19 pm

Re: Here I AM

Post by foxy » Wed Mar 10, 2010 12:57 pm

kiwigirl25 wrote:
If you want to prepare a good case for complaint and send it to your local MP, Home Secretary etc (which you will do to get the attention it deserves), you will need to collate more statistics and additional information - what do these applicants have in common apart from applying under the long term residence rule. At the moment you are only focusing on those who unfortunately have or have had a long wait. There are others here who have fortunately received their decision within 2-3 months. I read one case who received their decision in 5 weeks!!! If you collate this statisical information, along with other information, this is concrete evidence when raising your complaint. For example, 80% waited 6+ months whilst 20% waited < 6 months.

Also make comparisons against 5 year apps. The majority of these applicants get a decision within 6-8 weeks!! Why do they have preference over someone who had made the UK their home for 10+ years?
It is pointless to make comparisons to the five year ILRs as they are handled by a completely different team altogether and their wait times are pretty low compared to ours. The 5 weeks you have heard of is most likely a 5 year application. The reasoning probably applied is that 5 year applications have paid taxes in this country for 5 years and therefore deserve better attention and speed in the treatment of their applications.

10 year applications are still seen as concessions and therefore treated like asylum applications. It does not make any difference to them that an application fee has been paid. However, what they fail to realise is that in order to be legal in this country for 10 years, any migrant would have made significant contribution to the economy whether it's through full time work up to 5 years, part time work, paying through the nose for university studies or even paying super inflated visa renewal fees in order to fund other government projects not to mention paying VAT, council taxes etc.

The data from this forum clearly shows a statistical trend towards applications no longer being met within the 95% within 6 months stage for 10 year ILRs. UKBA is probably using statistics from 5 year applications in order to skew the figures more to their advantage, but if you took 10 year applications on their own, I very much doubt you'd find any which were completed within 6 months in 2010. I personally haven't heard of any and I know 3 other people waiting outside this forum (all straightforward, no gaps etc). Oluwa's application took 27 weeks plus and even then that was a premium fee application and on top she had to badger them into making a decision.

I guess the frustration of everyone here is that we're being treated the same as asylum seekers. While I don't deny some are genuine, most are not. Pretty much most of us have had our lives on hold waiting for their passport. No one can travel and some could even lose their jobs over this. 6 months is a lot of time and it furthermore delays the application for naturalisation.

The big question is how do you even force them to react and implement some standard for a service they are overcharging for. Immigration is not the most popular of issues at the moment, I very much doubt you'd get a wave going for you should you decide to stir up any effort. UKBA are in a win-win situation. With hindsight, most of us would probably have elected to move to a fairer country a la Canada or Australia but we're in the mud now, we've got to wade through it.

coolboyuk
- thin ice -
Posts: 97
Joined: Tue Mar 09, 2010 5:57 pm

Re: Here I AM

Post by coolboyuk » Wed Mar 10, 2010 1:24 pm

Well said foxy. we are in a mud now not knowing what is next and , yes it is delaying our citizenship process especially there implementing new rules in June 2010.

it is really really frustrating .

aman5
Junior Member
Posts: 90
Joined: Wed Feb 17, 2010 11:47 pm

Post by aman5 » Wed Mar 10, 2010 2:13 pm

Could the necessary information (average wait time to process specifically 10 years ILR applications) be asked for under the 'Freedom of Information Act 2000'?
Last edited by aman5 on Wed Mar 10, 2010 10:01 pm, edited 1 time in total.

kiwigirl25
Member of Standing
Posts: 310
Joined: Fri Feb 05, 2010 10:46 pm

Post by kiwigirl25 » Wed Mar 10, 2010 4:15 pm

foxy wrote:
I guess the frustration of everyone here is that we're being treated the same as asylum seekers. While I don't deny some are genuine, most are not. Pretty much most of us have had our lives on hold waiting for their passport. No one can travel and some could even lose their jobs over this. 6 months is a lot of time and it furthermore delays the application for naturalisation.

The big question is how do you even force them to react and implement some standard for a service they are overcharging for. Immigration is not the most popular of issues at the moment, I very much doubt you'd get a wave going for you should you decide to stir up any effort. UKBA are in a win-win situation. With hindsight, most of us would probably have elected to move to a fairer country a la Canada or Australia but we're in the mud now, we've got to wade through it.
Didn't realise that 5 year apps had a separate unit dealing with their cases :( It shocks me also to hear that 10 year legal cases are dealt with the same unit who deals with asylum applications. Should be a separate unit, Asylum cases are very emotive.

You've made some very valid points throughout your reply. Immigrants are being treated as the root cause of all UKs woes, they are the current scapegoats. Any other organisation you would be able to take them to a tribunal or ombusman for not delivering what they promised. In a fair society, Foxy, if you took your arguments further you would have an extremely good case for someone to take action.

My personal opinion is the reason we are being treated as such is because they want us to give up and leave. The extortionate fees, removal of the priority system for long term residence applications, the extremely long waiting time and all the other heartache that comes with this process. It is in their best interest to delay our ILR because they want as many people to apply for citizenship via the new process.

As soon as I got my acknowledgement letter stating "We would appreciate if you did not enquire about the progress of the application before you hear from us" that this was going to be a struggle. I have a close friend who is a JP and has a lot of dealings with UKBA. His advice was to take that statement seriously, not to give them any excuse to delay the application further or to find something wrong. He also mutters something about seeing "asylum" seekers in court. At the same time my solicitor says after 6 months she is going to complain to UKBA.

Anyway my reply is probably a bit rubbish because I didn't get any sleep last night and am high on caffiene :lol: What I'm saying is I agree with you and I wish there was some action that we can take to raise an awareness of this situation.

By the way, Australia hates immigrants more than the British!!! The immigration system is far worse over there. No, you don't want to move to Australia as an immigrant. :?

kiwigirl25
Member of Standing
Posts: 310
Joined: Fri Feb 05, 2010 10:46 pm

Post by kiwigirl25 » Wed Mar 10, 2010 4:25 pm

PS the 5 week wait was definitely a long term residence application because someone questioned the poster in disbelief and got it clarified(???), wish I could find the original post.

boonbin
Junior Member
Posts: 62
Joined: Sun Feb 28, 2010 1:38 am

feel like giving up now

Post by boonbin » Wed Mar 10, 2010 5:59 pm

tell you all a sad story.....

friend told me that he got a friend who applied 10 years long residence, submitted two years still not decided yet.solicitor told him that immigration has strict under 10 years long residence. which 10 years case unfortunately mixed with 14 year unlawful and asylum together. disaster, consider among of us waiting six months or more, we all might end up wait another, couple weeks, months, years. that really push me to corner and like like givng up now. will give myself a dateline wait until early of april if still not decided, fed up.

contact Freedom of information team, no direct response!
http://www.whatdotheyknow.com/request/c ... ication_se

Depressingly we all legal lawful stay being treated unfairly same faith like 14 years unlawful applicants and asylum seekers at the moment. any of you have very good idea and complaint matters / letter template which can share to rise concerns about our category to related department.

kiwigirl25
Member of Standing
Posts: 310
Joined: Fri Feb 05, 2010 10:46 pm

Post by kiwigirl25 » Wed Mar 10, 2010 7:22 pm

I don't have the words or a standard letter to use but I suggest you read this page as it details the complaint policy on the immigration policy and process:

http://www.ind.homeoffice.gov.uk/contac ... complaint/

It suggests complaining to your MP which I think is the right move. You try your local council member as well. Some councils are in support of immigration reforms so getting their attention may help. Consider writing to the Home Secretary, it's his responsibility.

All, have a look at this link http://www.strangersintocitizens.org.uk/ Whilst I understand the concerns raised regarding being considered along with genuine & bogus asylum seekers and illegals I think you need to understand the situation from their point of view, especially the genuine asylum seekers and illegals. These people may also think they're not worthy of the long waiting time they have to endure. They have no freedom, no work, no income, some have no home ... many find it impossible to return home country. You will find that some have/are contributing the UK economy and were educated in the UK, just like you. You will probably also that the majority of them aren't proud of what they have become and would probably give a lot to do things differently. It is unacceptable that two completely different types of application are processed by the same unit but show some compassion towards other immigrants. Frustrating as it is to be included with these type of applications it is not their fault. I know none of you mean any malice towards these immigrants but some comment have me concerned. Please take your anger out on the authorities :)

I think I might take a break from this board. All this talk about long waits has me depressed and regretful. I need to get my head straight before I do something stupid.

All the very best to you all :D

dolf
Newly Registered
Posts: 15
Joined: Tue Mar 09, 2010 12:24 am

Post by dolf » Wed Mar 10, 2010 9:02 pm

I wish I had gone in person when I applied on 24 August 2009. The reason I applied through post was my application was very straightforward and there is no gaps and all stamps are on the passports.

I was also lead to believe that it will take around 4 weeks for UKBA to process this. A year before (in 2008) my friend got his IRL approved in 4 weeks (He applied under 10 year rule).

UKBA is taking all of us here on a wild ride. If they charge more than £800 as administration fee, surely they should deliver on their published Service Standards or at least update us on why it is taking so long and what stage the application is in. Many times I rang them I only get a very unfriendly robot saying, “it is not completedâ€

aman5
Junior Member
Posts: 90
Joined: Wed Feb 17, 2010 11:47 pm

Post by aman5 » Wed Mar 10, 2010 9:55 pm

May be we could write to Minister of State (Borders and Immigration) bringing to his attention problems of long wait being faced by people applying under 10 year ILR category.

terriblefish
Newbie
Posts: 30
Joined: Fri Nov 27, 2009 7:48 pm

Re: feel like giving up now

Post by terriblefish » Wed Mar 10, 2010 10:31 pm

boonbin wrote:tell you all a sad story.....

friend told me that he got a friend who applied 10 years long residence, submitted two years still not decided yet.solicitor told him that immigration has strict under 10 years long residence. which 10 years case unfortunately mixed with 14 year unlawful and asylum together. disaster, consider among of us waiting six months or more, we all might end up wait another, couple weeks, months, years. that really push me to corner and like like givng up now. will give myself a dateline wait until early of april if still not decided, fed up.

contact Freedom of information team, no direct response!
http://www.whatdotheyknow.com/request/c ... ication_se

Depressingly we all legal lawful stay being treated unfairly same faith like 14 years unlawful applicants and asylum seekers at the moment. any of you have very good idea and complaint matters / letter template which can share to rise concerns about our category to related department.
Hi Boobin,
You might find that it helps to ask them direct statistical questions, and as long as it does not cost them over 600 pounds or something, they will answer you question.

So for example you can ask:

-what is the average processing time for 10 ILR applicants in the last 6 months.
-what is the average processing time for non-straightforward 10 year ILR applications in the last 6 months.

Under the freedom of information act, they have to asnwer questions like these.

If you word your questions clearly and concisely, i.e if they can asnwer it in a few lines, you are more likely to get what you are looking for.

terriblefish
Newbie
Posts: 30
Joined: Fri Nov 27, 2009 7:48 pm

Post by terriblefish » Wed Mar 10, 2010 10:33 pm

or in your case->

what is the average processing time of postal applications which are not completed in the 6 months service standard, in the past 6 months.

Better yet ->
what is the average processing time of 10 year ILR postal applications which are not completed in the 6 months service standard, in the past 6 months.

Something to that effect.

aman5
Junior Member
Posts: 90
Joined: Wed Feb 17, 2010 11:47 pm

Post by aman5 » Thu Mar 11, 2010 12:44 pm


coolboyuk
- thin ice -
Posts: 97
Joined: Tue Mar 09, 2010 5:57 pm

Post by coolboyuk » Thu Mar 11, 2010 1:06 pm

it is a joke isn't it ???? they keep sending the "same automated reply" . it looks like we are really helpless ... :roll:

foxy
Junior Member
Posts: 89
Joined: Wed Jan 27, 2010 4:19 pm

Post by foxy » Thu Mar 11, 2010 1:20 pm

Looks like we're not the only ones in this hole. Virtually nobody who's applied under long residence appears to be getting a decision. It is quite possible this whole farce may well end up taking a year or more to be decided.

aman5
Junior Member
Posts: 90
Joined: Wed Feb 17, 2010 11:47 pm

Post by aman5 » Thu Mar 11, 2010 1:44 pm

Perhaps formatting of the letter could be something on these lines:

Subject: ‘10 years continuous legal stay’ Indefinite Leave to Remain (ILR) applications

Dear Sir/Ma'am,

I write this letter for certain information specifically pertaining to people applying under '10 years continuous legal stay in UK' indefinite leave to remain category.

My Query(s)

1. From 1st January 2010 UKBA stopped accepting same day applications for people applying under 10 years continuous legal stay in UK category.

Would appreciate if exact reason is disclosed for withdrawing the same day facility for people applying under '10 years continuous legal stay in UK' ILR while still allowing some other categories applying for ILR the facility to apply under the same day premium service facility as this directive could be perhaps highly discriminatory, per se, in nature.

2. Accordingly on UKBA website waiting time for ILR applications for long stay applications is as follows:

• UKBA decides 95% of postal applications within six months;

Please could you give a exact breakdown (actual numbers) of application received between 1st February 2009 and 28th February 2010 under ‘10 years continuous legal stay in UK’ indefinite leave to remain category and how many of these applications (actual numbers) were decided within 6 months?

Please could you also in your reply give exact breakdown of number of cases which UKBA took more than 6 months to decide between the period 1st Feb. 2009 and 28th Feb 2010?

Also, what was the average time as well as maximum time taken to decide cases which fall in the remaining 5% that do not get a decision within 6 months of their ILR applications?

Lastly, please could UKBA confirm whether when processing applications, applications under '10 years continuous lawful stay in UK' ILR category are clubbed along with asylum applications in UKBA i.e. caseworkers of a particular unit in UKBA who are assigned to deal with asylum applications are also assigned to deal with '10 years continuous legal stay in UK' applications?

I await your reply.

Many Thanks and Kind Regards,

....
Last edited by aman5 on Thu Mar 11, 2010 1:53 pm, edited 1 time in total.

boonbin
Junior Member
Posts: 62
Joined: Sun Feb 28, 2010 1:38 am

Post by boonbin » Thu Mar 11, 2010 1:52 pm

Hi Aman5, very good points and formal letter, where would you send to raising cencerns?

aman5
Junior Member
Posts: 90
Joined: Wed Feb 17, 2010 11:47 pm

Post by aman5 » Thu Mar 11, 2010 2:00 pm

Hi Boonbin

Yesterday userid 'terriblefish' wrote:
You might find that it helps to ask them direct statistical questions, and as long as it does not cost them over 600 pounds or something, they will answer you question.
So I was suggesting you could, perhaps, raise your query(s) under FOI Act in this manner to elicit a more clearer and specific response from UKBA.

boonbin
Junior Member
Posts: 62
Joined: Sun Feb 28, 2010 1:38 am

Post by boonbin » Thu Mar 11, 2010 2:10 pm

if requesting to FOI, kinda waste of time, no direct response question will answer. all can get is like automated response.

i will use this template to complaint to UKBA, raise an issues to PM, home of secretary, Minister of State (Borders and Immigration) as well.

coolboyuk
- thin ice -
Posts: 97
Joined: Tue Mar 09, 2010 5:57 pm

Post by coolboyuk » Thu Mar 11, 2010 2:11 pm

good template. I think every one should send this to draw the attention.

Can i ask you all a question?

When you guys all say "10 years Long term" , have you been under student visa ? in my case yes .

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