10 years long residence applications

Graceofgod wrote:

farhad34 wrote:Thansk for your reply, grace .I have read in case worker notes on ukba site that states that the gap will count from the date the visa expires to the date at which the next visa is issued.

section 3c extends your stay from the date of application so the date of decision is irrelevant to assess the gap in your lawful stay. I have got the similar gap of 6 days and i am confident that it will be disregarded as per the IDI.

I don't think section 3C applies here at all. Section 3C only applies to applications made in time; its whole purpose is to prevent applicants from becoming overstayers through no fault of their own, thus it automatically extends the leave of a person who has made an application for further leave during the time when their current leave was still valid. However, if you apply out of time, you are already an overstayer, so section 3C does not apply.

UKBA staff guidance on long residence (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary) is a bit ambiguous on the subject of how to calculate the length of a gap of out of time applications. On page 23-24, whilst listing examples of the use of the discretion it talks about the number of days after the previous leave expired and the submission of the application, which means the date of postage/UKBA appointment. However, on page 37 as an example of a person whose continuous lawful residency is broken it talks about an applicant whose leave expired on 31 July 2011 and who then applied on 15 September 2011 and was granted leave on 15 October 2011. There it says "The person has a break in their continuous lawful residence, from the date their leave expired on 31 July 2011, until the date they were granted leave ... on 15 October 2011".

All in all it's a bit tricky - I'd get SAR request done to see what shows up on the files.

katya_s wrote:

Graceofgod wrote:

farhad34 wrote:Thansk for your reply, grace .I have read in case worker notes on ukba site that states that the gap will count from the date the visa expires to the date at which the next visa is issued.

section 3c extends your stay from the date of application so the date of decision is irrelevant to assess the gap in your lawful stay. I have got the similar gap of 6 days and i am confident that it will be disregarded as per the IDI.

I don't think section 3C applies here at all. Section 3C only applies to applications made in time; its whole purpose is to prevent applicants from becoming overstayers through no fault of their own, thus it automatically extends the leave of a person who has made an application for further leave during the time when their current leave was still valid. However, if you apply out of time, you are already an overstayer, so section 3C does not apply.

UKBA staff guidance on long residence (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary) is a bit ambiguous on the subject of how to calculate the length of a gap of out of time applications. On page 23-24, whilst listing examples of the use of the discretion it talks about the number of days after the previous leave expired and the submission of the application, which means the date of postage/UKBA appointment. However, on page 37 as an example of a person whose continuous lawful residency is broken it talks about an applicant whose leave expired on 31 July 2011 and who then applied on 15 September 2011 and was granted leave on 15 October 2011. There it says "The person has a break in their continuous lawful residence, from the date their leave expired on 31 July 2011, until the date they were granted leave ... on 15 October 2011".

yes , I was not very clear about Section 3c , however the IDI guidance clearly says about the out of time application rather than visa gap. As long as the application is made no more than 10 days out of time it would be

alright.

Spidery_thread wrote: @Pari_in_kwest,

Any immigration application/s submitted with in the United Kingdom, bounds the applicant to be present through out the whole period of the application.

Even if you some how you travel outside the UK, using emergency travel document, 2 things will happen:
1) Your application with UKBA will deemed to be invalid automatically.
2) You won't be able to return back to UK for a long time and your ILR clock may reset.

Try to get some medical records/Doctor's letter from back home and submit them with a letter to expedite your application under exceptional circumstances.

I hope your mom gets better soon.

Spidery_thread could you please share the source of this info. I was looking to leave the country on my second passport after submitting the biometrics, just wanted to confirm that this really is the case as I couldn't find it anywhere. Thanks in advance.

Hi

Graceofgod wrote:

katya_s wrote:

Graceofgod wrote:

farhad34 wrote:Thansk for your reply, grace .I have read in case worker notes on ukba site that states that the gap will count from the date the visa expires to the date at which the next visa is issued.

section 3c extends your stay from the date of application so the date of decision is irrelevant to assess the gap in your lawful stay. I have got the similar gap of 6 days and i am confident that it will be disregarded as per the IDI.

I don't think section 3C applies here at all. Section 3C only applies to applications made in time; its whole purpose is to prevent applicants from becoming overstayers through no fault of their own, thus it automatically extends the leave of a person who has made an application for further leave during the time when their current leave was still valid. However, if you apply out of time, you are already an overstayer, so section 3C does not apply.

UKBA staff guidance on long residence (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary) is a bit ambiguous on the subject of how to calculate the length of a gap of out of time applications. On page 23-24, whilst listing examples of the use of the discretion it talks about the number of days after the previous leave expired and the submission of the application, which means the date of postage/UKBA appointment. However, on page 37 as an example of a person whose continuous lawful residency is broken it talks about an applicant whose leave expired on 31 July 2011 and who then applied on 15 September 2011 and was granted leave on 15 October 2011. There it says "The person has a break in their continuous lawful residence, from the date their leave expired on 31 July 2011, until the date they were granted leave ... on 15 October 2011".

yes , I was not very clear about Section 3c , however the IDI guidance clearly says about the out of time application rather than visa gap. As long as the application is made no more than 10 days out of time it would be

alright.

Hi every one

I have question here if your current leave expire / during your immigration matter in high court , in mean time your leave expire and you apply fifteen day late, Home not allow you extent because you made your application late, but after few month HO take case back regarding working allegation . So in this your continuous residency broken or not ?

Any thought on this scenario please will be great

Regards

shahab99 wrote:can you plz update my details on sky drive

Applied for ILR on 20th August,2012
Received first biometric letter without bar code on 12th November 2012
Requested again biometric letter on 19th November,2012
Received 2nd biometric letter on 22nd November,2012
given biometrics on 12th December,2012 (on 15th working day the letter was sent because biometric letter was lying with my solicitor and he did not inform me about it)
waiting for the decision

Hi sHahab99

I Applied on 25 OCT and received bio metric on 6 December my solicitor gave me on 14 December same day bio metric was done, now three week back HO send letter you miss signature on section 10 of form please sign section 10 bio metric section and send us back within 21 days, my solicitor haven't send me copy of that letter , she send me new form which she asked me to sign and send me back I posted to her on 24th still she haven't post back to HO, she will send them in two days.
Anybody any scenario like this

your comments and views will be great

amjadleeds wrote:

shahab99 wrote:can you plz update my details on sky drive

Applied for ILR on 20th August,2012
Received first biometric letter without bar code on 12th November 2012
Requested again biometric letter on 19th November,2012
Received 2nd biometric letter on 22nd November,2012
given biometrics on 12th December,2012 (on 15th working day the letter was sent because biometric letter was lying with my solicitor and he did not inform me about it)
waiting for the decision

Hi sHahab99

I Applied on 25 OCT and received bio metric on 6 December my solicitor gave me on 14 December same day bio metric was done, now three week back HO send letter you miss signature on section 10 of form please sign section 10 bio metric section and send us back within 21 days, my solicitor haven't send me copy of that letter , she send me new form which she asked me to sign and send me back I posted to her on 24th still she haven't post back to HO, she will send them in two days.
Anybody any scenario like this

your comments and views will be great

hi. Was there any timeframe stipulated by HO? Normally Ho gives 21 days to respond for any missing details or documents so if your solicitor sends that within the given timeframe then there wont be a problem. Btw i doubt on the effectiveness of your solicitor,it is sad.

Hi,

Just found contradicting info from ukba.

I just checked my acknowledgement letter from ukba and it clearly states that the ukba aims to complete 99% of applications with in six months but on the web site it states 95% within six months.

Regards,
Jai

Dear Graceofgod

These solicitors know nothing and they are playing with people's career just for money. You cannot trust them you have to chase them. I think we did a big mistake to give our case to the solicitor. If I knew about this website before I wouldn't have gone for the solicitor. Good luck

jai_aus wrote:Hi,

Just found contradicting info from ukba.

I just checked my acknowledgement letter from ukba and it clearly states that the ukba aims to complete 99% of applications with in six months but on the web site it states 95% within six months.

Regards,
Jai

Sorry to disappoint you further but the evidence shows that both of these numbers are wrong. Currently the waiting times can be summarized as "donkey's years" with well published backlogs piling up.

Ged wrote:

jai_aus wrote:Hi,

Just found contradicting info from ukba.

I just checked my acknowledgement letter from ukba and it clearly states that the ukba aims to complete 99% of applications with in six months but on the web site it states 95% within six months.

Regards,
Jai

Sorry to disappoint you further but the evidence shows that both of these numbers are wrong. Currently the waiting times can be summarized as "donkey's years" with well published backlogs piling up.

I completely agree

katya_s wrote:

Graceofgod wrote:

farhad34 wrote:Thansk for your reply, grace .I have read in case worker notes on ukba site that states that the gap will count from the date the visa expires to the date at which the next visa is issued.

section 3c extends your stay from the date of application so the date of decision is irrelevant to assess the gap in your lawful stay. I have got the similar gap of 6 days and i am confident that it will be disregarded as per the IDI.

I don't think section 3C applies here at all. Section 3C only applies to applications made in time; its whole purpose is to prevent applicants from becoming overstayers through no fault of their own, thus it automatically extends the leave of a person who has made an application for further leave during the time when their current leave was still valid. However, if you apply out of time, you are already an overstayer, so section 3C does not apply.

UKBA staff guidance on long residence (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary) is a bit ambiguous on the subject of how to calculate the length of a gap of out of time applications. On page 23-24, whilst listing examples of the use of the discretion it talks about the number of days after the previous leave expired and the submission of the application, which means the date of postage/UKBA appointment. However, on page 37 as an example of a person whose continuous lawful residency is broken it talks about an applicant whose leave expired on 31 July 2011 and who then applied on 15 September 2011 and was granted leave on 15 October 2011. There it says "The person has a break in their continuous lawful residence, from the date their leave expired on 31 July 2011, until the date they were granted leave ... on 15 October 2011".

All in all it's a bit tricky - I'd get SAR request done to see what shows up on the files.

That means lots of trouble for some as the new rule coming on force on october2012 means the person applying for ilr they shouldn't have pverstayed more than 28 days.

Looks like the last few days has been silent from UKBA without any noise over decisions made on ILR (10Yrs).

Please update if any of you guys get any message from HO regarding ure ILRs

My mum's health is deteriorating. Indian High Commission have refused to give me emergency travel documents. These documents could be made available to individuals who have either lost their passport or if it has expired. To cancel my current passport, they need my old passport which has been lying with the home office for the past 6 months (nearly). I really don't know what to do. I feel stuck. Please can someone help me. I really dont care about PR anymore. I just want to get back and be there for my mum.

Very sorry to hear that your mum is not well
I know it is very difficult to wait, but if you ask for return of documents it will still take atleast a month and moreover you need to withdraw your application
I will advise you to wait patiently and keep sending reminders with Doctor certificates to bring your applicaton upto speed
All of our prayers are with her, hopefully she will get well soon

Pari_in_kwest wrote:My mum's health is deteriorating. Indian High Commission have refused to give me emergency travel documents. These documents could be made available to individuals who have either lost their passport or if it has expired. To cancel my current passport, they need my old passport which has been lying with the home office for the past 6 months (nearly). I really don't know what to do. I feel stuck. Please can someone help me. I really dont care about PR anymore. I just want to get back and be there for my mum.

Dear AMH,

Thanks for your message.. I feel we are being used as political pawns.. I want to get back to my country! Country where I was born in. It is not that difficult to understand.. why should I be impacted by the policies that were created without our consultation.. this is so unfair and inhumane! I hope my mum recovers soon and people here who are reading this, if you are religious or spiritual, I request you to pray for my mum too. Someone's prayer may get answered. Thanks.

I am sorry to hear that you are going through such an emotional time. I really hope your mother gets better.

I am losing the will to live....in 2 weeks time my 6 months will be complete...and I just cant wait any longer!


Why does ILR 10 yr long residence takes so long to approve? I have noticed that SET M applications have been approved faster than our category. Why is this??

Those who applied in December under 10 year rule for ILR please post your comments if you have received your biometric enrollment letter from home office

Pari_in_kwest wrote:Dear AMH,

Thanks for your message.. I feel we are being used as political pawns.. I want to get back to my country! Country where I was born in. It is not that difficult to understand.. why should I be impacted by the policies that were created without our consultation.. this is so unfair and inhumane! I hope my mum recovers soon and people here who are reading this, if you are religious or spiritual, I request you to pray for my mum too. Someone's prayer may get answered. Thanks.

I will definitely pray for you mate..
Be hopeful, everything will be alright... I know, no one can even imagine to be in your situation.... but be strong..
I am going to go to skanda vale temple within the next couple of days.. will definitely pray for you

Everyone of you guys
Be strong ... everything is going to be alright .. don't let yourself down ... frustration makes you week and make you loose your will to fight

hard times like this will test you and your will to fight in life... a true fighter won't give up ... so please guys don't give up and don't keep saying these discouraging words ..

Once again ... Be strong.. Be hopeful .. don't give up

The doctors have given 24-48 hours to my to survive. There must be some way out!

k77 wrote:Those who applied in December under 10 year rule for ILR please post your comments if you have received your biometric enrollment letter from home office

Hi k77,

Please see my timeline in my signature. I received my biometric invite last Friday 25th Jan and the letter dated 22nd Jan.

The Skydrive would be a good source if you want to know the timelines of people who applied in December.

Pari_in_kwest Really sorry to hear that .. May God bless her with good health..

Any update from July applicants??? Its long long wait now..

Damanisshallo or Spidery_thread or anyone:
I have started the new full time job and provided my employer with my passport copy, acknowledgement letter and biometric invitation letter. and told that i am waiting for my ILR as its over 6 months now and about to come. Employer did not asked about my previous status. They want to hire me and said we will inform HO that you are working with us. I was on student visa and applied ILR in july. Do you think HO will create any issue or objection on my full time job now?

nats wrote:Thanks Damanisshallo, what I understand is my status is still student until my ilr been decided. When employer will enquire from ukba through this procedure, ukba will answer same that i cant work full time? My college got closed after few months of admission n i could not complete. My 10 year were complete so did not pay huge fee to new college again. Giving admision n closing colleges after some time is just ukba way to make money. I m still waiting and hoping best.. seems at the moment there Is no solution except wait

Damanisshallo wrote:

nats wrote:I have applied my ILR in July based on 10 year long residency. I was on student visa (expiry in August 2012) with restricted work 20 hours a week, I gone through so many interviews as I was expecting my ILR in December or hopefully in January. Finally I got a job offer which require 37.5 working hours. and they asked for my documents. I have already delayed them for 2 weeks but I cant hold them for long. I need to respond them by this weekend. I am really worried about this job.My college has been closed and I have nothing to study. Still I cant work for more than 20 hours?? I called HO so many times about my application progress but the answer is same "I have to wait, its under process". They dont care about anyone's life or career. Can anyone help me out or guide me. Is there any way that I can join that job. I can show them my passport, my ILR acknowledgement letter or Biometric invitation letter. Should I tell them that I have applied ILR and its already 6 months? or Should I call HO and tell them that I got full time job offer and my college is closed(UKBA should be already aware as college is out of their list) and I have no classes to attend? Please help me some way out.

Since you've already submitted your biometrics you should be on the system. Please give them (Your Employer) this. However if they hesitate to help you out take this along with your Acknowledgement & Biometric invitation letter and ask them to have a look at Frequently Asked Questions->What is my immigration status while my application is being decided? from the link.

You can also show them section 3C of the Immigration Act 1971 from the Legislation.

But I also need to warn you that in-spite of having so many evidences, it purely depends on your luck and the person you are talking to. Coz not all HR's are well qualified. So Good luck. Also tell your employer that they request a response from UKBA using ECS and once they get a positive response it can be used for 12 months.

Also, somehow if you can manage to prove that you've completed your studies, you should be able to work full time.

Read this story

nats wrote:Do you think HO will create any issue or objection on my full time job now?

Yes, they may or may not.

1. They may because they haven't concluded your application and your previous stay was work restricted.

2. They may not object if they've concluded your case or at least if they are in an impression that you are no longer a full-time student or at least completed your course of study and free to work full time.

k77 wrote:Those who applied in December under 10 year rule for ILR please post your comments if you have received your biometric enrollment letter from home office

Hello K77
I've applied 10th of Dec but still waiting for Bio , hop i will get soon and pray for you all as well
Thanks