14 Year Continuous Residence ILR Application

Hi jiz,
I am very happy for you and your partner.
Would you tell us more aout your story? I and my partner are still waiting. As you read the previous posts. No idea why we are still on the queue.

Hi chorc,
I have followed your story so I know that it is a terrible wait for you. I honestly have no idea why my partners application has been dealt with so quickly, other than all new apps seem to being dealt with much quicker than apps made 6 months to one year ago.

My partners case was quite complex, he has been here for 20 years, yes 20! All illegally, he has worked the whole Time he has been here and paid taxes which he had proof of from HMRC going back 15 years, so although it was illegal working it proved that he could support himself and was contributing by paying taxes which I'm guessing may have helped his application.

I am British and we have been together for 8 years so this may also helped but don't know. Overall the test is whether it is against public interest to keep you here, and after spending 20 years of his life here which is more than half of his life, having paid taxes for the whole time, no criminal record, there was nothing compelling to make them deny the ilr under the long residence rules.

We did use a solicitor but did a huge amount of research prior to making the application. We were not positive actually after the very negative responses we got from several solicitors we met who said he had 50/50 chance and 18 month wait!

1 further point my partner has no passport and they have issued the ilr on an immigration identity card, so now he has to get his passport and get the stamp put into the passport, so still a bit of work to do yet!

Thanks

Hi jiz,
thank you for your reply.
I will send another letter to my MP and see if he can help.
Congratulation enjoy the freedom.

Hi jiz,

Your story gives me much inspiration as I am in a very similar situation to your partner. I came back here as part of my research. I hope I have as much luck in my application.

I am going to PM you for some advice about things im stuck with. thanks.

my partner came here in july 1996 as a visitor he applied for asylum in 1998 and was rejected. in 2008 he took a solicitor and he said he should apply for legacy, so he apply for legacy in 2008 and we haven't heard nothing form HO. And in July 2010 he was qualify for the 14 years long resident. He took the life in the uk test. but what worries me is that the solicitor didn't submitted his application until November 22, and he didn't ask for any supporting documents except the life in the Uk test. No passport, bill, or bank statement. my partner ask him why didn't you submitted my passport he said there is no need. Is it possible that he might sell the documents to someone els. am just worried because of the way he behave is nothing straight forward. Can someone please reply me. but he did post us a letter from HO.

marra123 wrote:my partner came here in july 1996 as a visitor he applied for asylum in 1998 and was rejected. in 2008 he took a solicitor and he said he should apply for legacy, so he apply for legacy in 2008 and we haven't heard nothing form HO. And in July 2010 he was qualify for the 14 years long resident. He took the life in the uk test. but what worries me is that the solicitor didn't submitted his application until November 22, and he didn't ask for any supporting documents except the life in the Uk test. No passport, bill, or bank statement. my partner ask him why didn't you submitted my passport he said there is no need. Is it possible that he might sell the documents to someone els. am just worried because of the way he behave is nothing straight forward. Can someone please reply me. but he did post us a letter from HO.

Hi marra123,
As far as I know, asylum cases aren't always qualified for 14 years rule, I might be wrong. You are better to check out if the clock had been stopped after asylum case failed. How long have you been living with your partner? and do you have any children between you two? All these things will help for your partner's case. Also, what is your status?
My partner and I had very bad experience with ' solicitor(s)'. I think you are better to check what's your solicitor doing. Also, do your own research for these type of case.
Good luck.

Hi all,

marra, if your partner is applying under 14 years then according to set(o) bills & bank statements etc will be required to cover any period spent without visa. Keep an eye on your solicitor & call the home office to get this confusion clarified. Hope this helps. Good luck

Thank you all
yeah we have 3 year old and I am a student we have been together for about five years.

marra123 wrote:Thank you all
yeah we have 3 year old and I am a student we have been together for about five years.

So, do you have ILR or British passport yourself? Or both of you are applying under 14 years rule? If you are British citizen, then your partner is very likely to get something legalised his/her status.
Anyway, as I said, so a lot of research online, don't only rely on only one solicitor opinion/advice.

No am not British, I'm an international student.

marra123 wrote:No am not British, I'm an international student.

I don't know then. It might take a long time to legalised your partner's case, then your child, and finally yours. 14 years case can't apply with spouse. (as far as I know!!!).
I think you should keep your visa up to date ( until your partner got ILR)as it will make life easier in the future.
Good luck.

After exactly 1 years waiting time, we have finally received positive news from UKBA. However, we are granted Discretionary leave to remain. Actucally, very bad new. We were told by solicitor that he filed our case was just to legalised our status. Then, the next thing is pay him extra £ 2700. Then he will fill another application for ILR within 6 months time. He told us to have a holiday back home first, look for jobs etc.
We are going to another solicitor after we pay that £2700. We cannot afford not to, as he won't release document.
I don't know if I should be happy or not.

chorc123 wrote:After exactly 1 years waiting time, we have finally received positive news from UKBA. However, we are granted Discretionary leave to remain. Actucally, very bad new. We were told by solicitor that he filed our case was just to legalised our status. Then, the next thing is pay him extra £ 2700. Then he will fill another application for ILR within 6 months time. He told us to have a holiday back home first, look for jobs etc.
We are going to another solicitor after we pay that £2700. We cannot afford not to, as he won't release document.
I don't know if I should be happy or not.

when you agreed with the solicitor, did you make it clear that you wanted ILR only? Because it seems your solicitor used form FLR(O) instead. There is no requirement for you be legalised to get ILR under 14 year residence.

when you agreed with the solicitor, did you make it clear that you wanted ILR only? Because it seems your solicitor used form FLR(O) instead. There is no requirement for you be legalised to get ILR under 14 year residence.[/quote]
well, when I was at his office last time, he said, he will apply for 14 years ILR directly rather than DL. which was more than 1 and half years ago. However, he said something totally different today. Then, more money and he will apply ILR after.
As I said, I didn't sign any application form to UKBA at all.
I don't know what to say now, I think we need to go for legal aid with other solicitor/ organization. We are totally dried up now.

how did that happen?
Have a look here: http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

And look under 6 Granting Further Leave to Remain

It specifically says: "Prior to 2 April 2007 it was not possible to grant leave to remain on the basis of long residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added into immigration rules to allow long residence applicants to be granted an extension of leave to remain when all the requirements for ILR under long residence were met, except for the knowledge of life (KOL) requirement."

The only reason why you could have got the LTR using SET(O) form was because you did not provide Life in UK test.

I think your solicitor is a bit fishy IMHO. When your solicitor sent off the application, they should have got the aknowledgement letter from UKBA. Did you see it? It should say what application form was used.

If you don't have it, DEMAND that you see it.

Also, you didn't sign anything??? now that is worrying.

joh118 wrote:how did that happen?
Have a look here: http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

And look under 6 Granting Further Leave to Remain

It specifically says: "Prior to 2 April 2007 it was not possible to grant leave to remain on the basis of long residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added into immigration rules to allow long residence applicants to be granted an extension of leave to remain when all the requirements for ILR under long residence were met, except for the knowledge of life (KOL) requirement."

The only reason why you could have got the LTR using SET(O) form was because you did not provide Life in UK test.

I think your solicitor is a bit fishy IMHO. When your solicitor sent off the application, they should have got the aknowledgement letter from UKBA. Did you see it? It should say what application form was used.

If you don't have it, DEMAND that you see it.

Also, you didn't sign anything??? now that is worrying.

We did pass life in the UK test long time ago, 2008 I think!!
Yes, we have acknowledgement letter which is set(O), which it didn't say which form.
Then , we spoke the solicitor again today, he said the law had ' changed' so we had to apply for DL first then ILR. Then he asked for more money £2000 for ILR application legal fees. And, he said we would be granted very shorty.
The biggest problem is the first £2700 for all the documents back. I don't know where to borrow more. If we could sort this out then we will go for somebody cheaper and reliable.
Very very exhausted today just for thinking about it.
By the way, he didn't say the ILR was refused, just said he had to put us through DL first then 14 years ILR.

@ chorc123
I'm confused and you have left me scratching my head. Is the £2700 you are owing part of the £4500 he initially quoted?
Quoting kiwigirl from the first page of this thread - "A good OICS qualified solicitor would never withhold a clients passport or visa documents. It's unlawful!!"
I wonder if you can approach your local citizens advice bureau about if it is legal for your solicitor to withhold your documents even if you are still owing him.
If your solicitor have acted inappropriately then there is a way to report him to his regulatory body. I think letting him know this might make him aware that you are no longer to be messed with.
And that is beside the point that he has missled you from the begining, making you unaware of the application he has submitted, while you have been waiting for result for something totally different.

Like joh118 said there is something fishy going on, perhaps he has you ILR and he is trying to sit on it for more money. Can you at least get a photocopy of all your documents from the HO that he has. Also I wonder if there is a way for you to contact the HO and ask about the status of your application and which one it was etc. Perhaps you can do another Subject Request Access (SAR) and have the reply sent to your addresse or that of another solicitor.
Definitely do not use this solicitor anymore, once you can wrap up your existing case.
And how comes he only wants £2000 for the next application of ILR when he charged £4500 for what turned out to be DLR, why less this time. More importantly you have already paid him for getting you ILR so why should you pay him again, its stand to reason you have already agreed a fee for him to get you ILR. So you should not need to pay him again, afterall the what he has spent the money on was not the instruction that you gave him!
I believe he must have signed of the application forms himself since he has your signature on other documents you submitted. There are so many points of contention if you wanna get him in trouble for messing you about.
I hope you can find a way through this. Amidst this problems there is a ray of hope.

thelastman wrote:@ chorc123
I'm confused and you have left me scratching my head. Is the £2700 you are owing part of the £4500 he initially quoted?
Quoting kiwigirl from the first page of this thread - "A good OICS qualified solicitor would never withhold a clients passport or visa documents. It's unlawful!!"
I wonder if you can approach your local citizens advice bureau about if it is legal for your solicitor to withhold your documents even if you are still owing him.
If your solicitor have acted inappropriately then there is a way to report him to his regulatory body. I think letting him know this might make him aware that you are no longer to be messed with.
And that is beside the point that he has missled you from the begining, making you unaware of the application he has submitted, while you have been waiting for result for something totally different.

Like joh118 said there is something fishy going on, perhaps he has you ILR and he is trying to sit on it for more money. Can you at least get a photocopy of all your documents from the HO that he has. Also I wonder if there is a way for you to contact the HO and ask about the status of your application and which one it was etc. Perhaps you can do another Subject Request Access (SAR) and have the reply sent to your addresse or that of another solicitor.
Definitely do not use this solicitor anymore, once you can wrap up your existing case.
And how comes he only wants £2000 for the next application of ILR when he charged £4500 for what turned out to be DLR, why less this time. More importantly you have already paid him for getting you ILR so why should you pay him again, its stand to reason you have already agreed a fee for him to get you ILR. So you should not need to pay him again, afterall the what he has spent the money on was not the instruction that you gave him!
I believe he must have signed of the application forms himself since he has your signature on other documents you submitted. There are so many points of contention if you wanna get him in trouble for messing you about.
I hope you can find a way through this. Amidst this problems there is a ray of hope.

Hi, yes, the £2700 is part of £4500, however, it turns out it was just for DLR, then now he said he wants £2000 for ILR application.
I just couldn't believe we got DL instead of ILR. In the meantime, I am trying to put our life back on track. At least, we have legal status to look for work and try to claim some benefits to get through the rough patch. Now, I am searching for new solicitor and file 14 years ILR immediately as no more time to waste.
I am also trying to get all documents back asap. I have no choice and no more time if the law will be changed one day. Then, we will end up with nothing.

chorc123 wrote:

joh118 wrote:how did that happen?
Have a look here: http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

And look under 6 Granting Further Leave to Remain

It specifically says: "Prior to 2 April 2007 it was not possible to grant leave to remain on the basis of long residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added into immigration rules to allow long residence applicants to be granted an extension of leave to remain when all the requirements for ILR under long residence were met, except for the knowledge of life (KOL) requirement."

The only reason why you could have got the LTR using SET(O) form was because you did not provide Life in UK test.

I think your solicitor is a bit fishy IMHO. When your solicitor sent off the application, they should have got the aknowledgement letter from UKBA. Did you see it? It should say what application form was used.

If you don't have it, DEMAND that you see it.

Also, you didn't sign anything??? now that is worrying.

We did pass life in the UK test long time ago, 2008 I think!!
Yes, we have acknowledgement letter which is set(O), which it didn't say which form.
Then , we spoke the solicitor again today, he said the law had ' changed' so we had to apply for DL first then ILR. Then he asked for more money £2000 for ILR application legal fees. And, he said we would be granted very shorty.
The biggest problem is the first £2700 for all the documents back. I don't know where to borrow more. If we could sort this out then we will go for somebody cheaper and reliable.
Very very exhausted today just for thinking about it.
By the way, he didn't say the ILR was refused, just said he had to put us through DL first then 14 years ILR.

why don't you ask specifically what law?

joh118 wrote:

chorc123 wrote:

joh118 wrote:how did that happen?
Have a look here: http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

And look under 6 Granting Further Leave to Remain

It specifically says: "Prior to 2 April 2007 it was not possible to grant leave to remain on the basis of long residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added into immigration rules to allow long residence applicants to be granted an extension of leave to remain when all the requirements for ILR under long residence were met, except for the knowledge of life (KOL) requirement."

The only reason why you could have got the LTR using SET(O) form was because you did not provide Life in UK test.

I think your solicitor is a bit fishy IMHO. When your solicitor sent off the application, they should have got the aknowledgement letter from UKBA. Did you see it? It should say what application form was used.

If you don't have it, DEMAND that you see it.

Also, you didn't sign anything??? now that is worrying.

We did pass life in the UK test long time ago, 2008 I think!!
Yes, we have acknowledgement letter which is set(O), which it didn't say which form.
Then , we spoke the solicitor again today, he said the law had ' changed' so we had to apply for DL first then ILR. Then he asked for more money £2000 for ILR application legal fees. And, he said we would be granted very shorty.
The biggest problem is the first £2700 for all the documents back. I don't know where to borrow more. If we could sort this out then we will go for somebody cheaper and reliable.
Very very exhausted today just for thinking about it.
By the way, he didn't say the ILR was refused, just said he had to put us through DL first then 14 years ILR.

why don't you ask specifically what law?

yes, we did. What he said today was we had to get DL first before we can apply for ILR.
can anybody tell us if they know of any good solicitor who can get us legal aid for 14 years case? We can't fork out any more money.
On the other hand, I have searched online all day about discretionary leave to remain. I have never ever believe we got this. What rights do we have between now and ILR? I am very confused and mentally exhausted.
Thanks.

chorc123 wrote:

joh118 wrote:

chorc123 wrote:

joh118 wrote:how did that happen?
Have a look here: http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

And look under 6 Granting Further Leave to Remain

It specifically says: "Prior to 2 April 2007 it was not possible to grant leave to remain on the basis of long residence. On 2 April 2007, paragraph 276A1 and paragraph 276A2 were added into immigration rules to allow long residence applicants to be granted an extension of leave to remain when all the requirements for ILR under long residence were met, except for the knowledge of life (KOL) requirement."

The only reason why you could have got the LTR using SET(O) form was because you did not provide Life in UK test.

I think your solicitor is a bit fishy IMHO. When your solicitor sent off the application, they should have got the aknowledgement letter from UKBA. Did you see it? It should say what application form was used.

If you don't have it, DEMAND that you see it.

Also, you didn't sign anything??? now that is worrying.

We did pass life in the UK test long time ago, 2008 I think!!
Yes, we have acknowledgement letter which is set(O), which it didn't say which form.
Then , we spoke the solicitor again today, he said the law had ' changed' so we had to apply for DL first then ILR. Then he asked for more money £2000 for ILR application legal fees. And, he said we would be granted very shorty.
The biggest problem is the first £2700 for all the documents back. I don't know where to borrow more. If we could sort this out then we will go for somebody cheaper and reliable.
Very very exhausted today just for thinking about it.
By the way, he didn't say the ILR was refused, just said he had to put us through DL first then 14 years ILR.

why don't you ask specifically what law?

yes, we did. What he said today was we had to get DL first before we can apply for ILR.
can anybody tell us if they know of any good solicitor who can get us legal aid for 14 years case? We can't fork out any more money.
On the other hand, I have searched online all day about discretionary leave to remain. I have never ever believe we got this. What rights do we have between now and ILR? I am very confused and mentally exhausted.
Thanks.

Have you even seen the visa in your passport yourself?

You DO NOT need to get DL before ILR. The whole point of the 14 year rule is that those without a visa for 14 years can get ILR.

The only way this could have happened was because your solicitor did not include Life in UK test in the SET(O) application. That is the only reason how you could have gotten DL on a SET(O) application form.

I suggest you ask your "solicitor" to print out the section of the Immigration Rules that specifically says that 14 year long reisidence application for ILR can be given DL even when the Life in the UK test has been passed.

As I am not an expert myself, if your solicitor does manage to prove him/herself, then I suggest you pay the solicitor's fees eventually and find a better solicitor!

I have asked him to send us a copy of passport to us. Yes, I know we shouldn't get DL instead of ILR. I don't know if it was because he didn't enclosed life in the UK test. I don't think it was because ILR refusal then we got DL instead. If it was the reason, UKBA should state on the letter.

Congratulations chore123,
Even though your lawyer seems fishy. It's great news that you have some type of status. I can confirm to you that legal aid is available if you qualify, you only have to pay home office application fees.
I am still waiting for an answer, its now been 20 months since I applied under 14 year rule. My mum is also in same position. Thankfully my brother and sister were granted ILR even though our applications went in at the same time. Both have secured very good jobs as an investment banker starting in September and away a doctor respectively. They are just grateful they can finally start repaying this great country the debt they owe to society.
Rajaji

Hi Rajaji

just read through ya thread,u've been waiting for 20mnths now wat have u tried to do as in contacting them for an update or answers,i've been waiting for 16mnths now my application is waiting decision as well its in ICC1 lunar house under art 8,any ideas would be appreciated as regards this waiting
thanks.....

Hi joejo,
Over the past 20 months my lawyer has written to them on numerous occasions requesting them to make a decision. Plus I haves asked my local MP to intervene on our behalf, so far his office has contacted home office on numerous occasions but they get a standard reply, that its still being processed. I am hoping to get our local MP personal intervention soon, I have written to him detailing how this delay is effecting me and have asked for a meeting.
Anyway how did you find out your application wa at Lunar house and being considered under article 8?

Rajjaji