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ILR question regarding student visa

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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cardiffseller
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ILR question regarding student visa

Post by cardiffseller » Sat Jul 10, 2010 1:56 am

If one of the student visa was made on time (arrive Home Office just 2 days before it expired), but the decision wasn't made until 1 month later (which was a successful application), does it considered as a break?? Because if you look at the stamp, there was an obvious gap.

This is for a 10 years student ILR application.

One of my friend who is also applying for 10 years ILR, but she has been outside UK for more than 18months in this 10 years period, does it mean she has no chance to apply ILR at all??

Thank for your help.

vinny
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Re: ILR question regarding student visa

Post by vinny » Sat Jul 10, 2010 10:25 am

cardiffseller wrote:If one of the student visa was made on time (arrive Home Office just 2 days before it expired), but the decision wasn't made until 1 month later (which was a successful application), does it considered as a break?? Because if you look at the stamp, there was an obvious gap.

This is for a 10 years student ILR application.
Date of Application is date of posting. Leave would have been extended by section 3C. So there would have been no gap. Get your SAR file.
One of my friend who is also applying for 10 years ILR, but she has been outside UK for more than 18months in this 10 years period, does it mean she has no chance to apply ILR at all??

Thank for your help.
How long over 18 months? May depend on discretion.
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.

cardiffseller
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Post by cardiffseller » Sat Jul 17, 2010 7:45 pm

Thank for the reply.

(1) During the ILR application, does UKBA not normally know if I did apply that particular FLR on time, does it show up on their computer?? Is it necessary for me to get SAR file? I still have the Royal Mail receipt and their acknowledgment letters, are these enough??

(2) My friend has been outside UK more than 18months are all on school holiday purpose, does she still got chance to apply ILR??

bb21
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Post by bb21 » Sun Jul 18, 2010 12:23 am

Regarding (1), check your SAR carefully and it should be in there on the database, and w.r.t. receipts, good move and see my post in the sticky topic for SET(O) 10-year stay. I posted them with my application for ILR together with an explanation letter as the recorded date on the database was wrong. Seems it worked. Keep a photocopy if you decide to post the originals.

cardiffseller
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Post by cardiffseller » Sun Jul 18, 2010 12:49 am

To bb21:

Really?? Their database can be wrong?? so I better get my SAR then, anyone got any sample letter to send to UKBA for SAR??

So bb21, did you send the original copy to them? if needed, can I photocopy my Royal Mail receipt as I want to keep it safe.

Btw, you got your ILR? How long did you wait??

bb21
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Post by bb21 » Sun Jul 18, 2010 1:20 am

cardiffseller wrote:To bb21:

Really?? Their database can be wrong?? so I better get my SAR then, anyone got any sample letter to send to UKBA for SAR??
Yes especially at the beginning of the operation of the current system. From my SAR records it appears that prior to 2004/05 they would just supply you with photocopies of your original application form whereas after that, the database record and caseworker notes attached to it. Check your records very carefully. My application was postmarked 31/1/2005 yet they recorded the date of receipt - 2/2/2005, hence making my application out-of-time, although there was no mention of that in the caseworker notes about it so I just assumed it to be an error. But you'd be better off sending the receipts as the new visa would have inevitably come dated for later and hence shown a gap. I don't know any other way of proving that the application was in-time. Of course everyone's SAR file output would have probably been different in terms of contents depending on who handled the request. Mine has no record of landing card details whereas many others' do. But whatever it contains, make sure you check all the details when you receive it so that mistakes can be explained and accounted for when you apply for ILR.
cardiffseller wrote:So bb21, did you send the original copy to them? if needed, can I photocopy my Royal Mail receipt as I want to keep it safe.
You have to send the original. There is no way out. Send it recorded this time as well so if it is lost in the post you can show that it is and the photocopy, I would imagine, would then have to be accepted by the UKBA as the original can be proven as lost. I have no experience in lost documents but common sense would say so (although i know we're dealing with UKBA here).
cardiffseller wrote:Btw, you got your ILR? How long did you wait??
Yes, today actually. See http://www.immigrationboards.com/viewto ... start=1140

cardiffseller
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Post by cardiffseller » Sun Jul 18, 2010 2:30 am

Congratulation bb21, hope mine will be as fast as yours too!!

I just got one question here, it said in UKBA website I need to supply identity for SAR:
a copy of your passport or driver's licence, original utility bills, and your Home Office reference number if you have one.

But I dont have any utility bills because my landlord pay all of them, can I just send a copy of my passport and driving licence??

bb21
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Post by bb21 » Sun Jul 18, 2010 4:13 pm

cardiffseller wrote:But I dont have any utility bills because my landlord pay all of them, can I just send a copy of my passport and driving licence??
Thanks it's a mighty relief and I wish you the best of luck.

Your driving licence should contain your current address. If it doesn't, you need to get it updated asap as required by law. This is what I used. I would think a copy of both documents should be more than sufficient. (Passport for identity and DL for proof of address.)

cardiffseller
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Post by cardiffseller » Sun Jul 18, 2010 5:44 pm

can I use my credit card statement for my address prove for SAR??

The address on my driving License is not where I am staying at the moment, my current place is for employment purpose only, my home address is 60miles away, I only go there once every 3-4months.

cardiffseller
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Post by cardiffseller » Tue Jul 20, 2010 6:49 am

Anyone think I can use my credit card statement instead of utility bills for my address prove to get SAR??

bb21
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Post by bb21 » Tue Jul 20, 2010 3:49 pm

I would think that it should be fine as it is accepted in most places as proof of address as long as it has your full name on it, although I cannot confirm it 100%, however the worst that could happen I would imagine is that they are not satisfied with it a and asks for another form. I doubt they would just cash the £10 and reject your application, although this is the UKBA we're talking about

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