10 years long residence applications

CKP · Post by **CKP** » Tue Jan 21, 2014 2:28 pm

Hi Gurus,

I am going to apply for ILR on 10 year long residency.

I have extended my all Visas on time.

but there was a littele problem when i travelled to europe. Immigration officer at calis did not stamp my passport when i went to paris. on my returen it has been stamped by UKBA. I was ther just for 6 days.

is it still ok to apply or do i have to give them some more info on this.

Waiting for your reply

Thanks
Dr CKP

Biruni-Dono · Post by **Biruni-Dono** » Tue Jan 21, 2014 2:32 pm

Peace Brothers and Sisters,

Here is my application timeline for addition to the skydrive database:

Application Sent: 27 Dec 2013
Money Taken by HO from account: 2 Jan 2014
Acknowledgement Letter received: 7 Jan 2014
Biometric Letter dated: 14 Jan 2014 received: 16 Jan 2014
Biometrics enrolled: 18 Jan 2014
Decision: waiting in eager anticipation
Documents received: waiting in eager anticipation

Background: 6 yrs student + 2 yrs PSW + 2 yrs Tier 2 (General). No gaps except twice (or once can't remember) under 3c for around 1-2 months each - while waiting for a new visa, my existing visa had expired. But I believe such situations are covered by the 3c clause?

Documents submitted:

Set(LR) form
2 passports covering 10 years of residence
Biometric Residence Permit
Life in the UK test certificate dated September
Degree certificate
Colour photocopies of all visa stamps in the passports showing days outside the UK is less than the 540 day threshold. One visa stamp date in Arabic date format did not corroborate with the associated email eticket, however as my total is around 320 days I hope +-8 days uncertainty is not an issue for the HO.

digitalrev · Post by **digitalrev** » Tue Jan 21, 2014 3:19 pm

Hi Experts
I am about to send my SET LR application.
Shall I include cover letter, even though my case is very straight forward. (Sorry about silly question, I read in this forum gurus advised not to dig a hole by attaching unnecessary cover letter).

during my 10 years stay in the united kingdom, I went out of country 6 times . total 139 days.

Everything looks straight forward apart from the date back in 2010, When I went to India for holiday.

I left UK on 21st of July, 2010 and Reached to India on 22nd of July 2010
I came back to UK on 9th of August

I have noticed my passport doesn't contain exit stamp from UK Airport. However there is an entry stamp from Mumbai airport on 22nd of July.

My Passport also contain an exit stamp on 9th of August from Mumbai airport and an entry stamp from London heathrow airport.

in My SET LR Application form I entered 21st of July as "Date I left the UK" and 9th Of August as "The date I returned to UK".

My question is - Do you guys think caseworker will be confused if he/she look for stamp dated 21st of July 2010? as There is no exit or entry stamp dated 21st of July 2010, The mumbai airport entry stamp is dated as 22nd of July 2010.
Or you guys think caseworkers are smart enough to figure it out.

Shall I attach a cover letter to mention about date and page number where they can find stamp.

Thanks

opty88 · Post by **opty88** » Tue Jan 21, 2014 3:25 pm

keep application simple. cover letter not necessary from experience

digitalrev wrote:Hi Experts
I am about to send my SET LR application.
Shall I include cover letter, even though my case is very straight forward. (Sorry about silly question, I read in this forum gurus advised not to dig a hole by attaching unnecessary cover letter).

during my 10 years stay in the united kingdom, I went out of country 6 times . total 139 days.

Everything looks straight forward apart from the date back in 2010, When I went to India for holiday.

I left UK on 21st of July, 2010 and Reached to India on 22nd of July 2010
I came back to UK on 9th of August

I have noticed my passport doesn't contain exit stamp from UK Airport. However there is an entry stamp from Mumbai airport on 22nd of July.

My Passport also contain an exit stamp on 9th of August from Mumbai airport and an entry stamp from London heathrow airport.

in My SET LR Application form I entered 21st of July as "Date I left the UK" and 9th Of August as "The date I returned to UK".

My question is - Do you guys think caseworker will be confused if he/she look for stamp dated 21st of July 2010? as There is no exit or entry stamp dated 21st of July 2010, The mumbai airport entry stamp is dated as 22nd of July 2010.
Or you guys think caseworkers are smart enough to figure it out.

Shall I attach a cover letter to mention about date and page number where they can find stamp.

Thanks

xincognito · Post by **xincognito** » Tue Jan 21, 2014 4:16 pm

Application Sent: 21/01/2014
Payment Taken out :
Acknowledgement letter:
Biometrics letter received:
Biometrics enrolled:
Approval’s :

khani · Post by **khani** » Tue Jan 21, 2014 4:38 pm

All those who are applying on under 3c , 3d, since there is no guideline or clear HO instructions, the only way to do is, apply for ILR and at the same time withdraw the case tp avoid being overstayed ??? Another option is to send application without withdrawing and wait for the HO response, in that case HO can send the application back as invalid since there is a pending appeal.

How about for those who didnt have the removal A47 section when they were refused their last application. In that case, they can apply for fresh application in any other category within 28 days after the pending appeal decision. One solicitor I spoke to said that you cannot apply for ILR in that case, he said that the whole period of 3c , 3d stands void once you have received the judgment, and wont count towards continuous legal residence although you can apply in any other category. For 3c, 3d to take effects your case has to be in progress.

any comments ??

thanks

esmsi · Post by **esmsi** » Tue Jan 21, 2014 4:39 pm

Congrate

zubimcs wrote:Uppdating on me. I have received my passport along with other documents with ILR approval letter. BRP has not arrived yet.
Application sent: 03-09-2013
Passports+docs Received: 21-01-2014 (Approval date is 19 Jan 2014)
Biometric Card Received: Waiting

tuhin · Post by **tuhin** » Tue Jan 21, 2014 4:44 pm

Dear Mr Replier
Tkx very much for your reply..
Could you plz tell me one thing what's the possibility that the Border Agency goona help me if I request them to send my passport or any written evidence that they kept by passport?? Basically if some one ring UKBA, the receptionist just give normal guidance.

Many thanks for your co-operation Mr Replier.

tuhin · Post by **tuhin** » Tue Jan 21, 2014 4:47 pm

To Mr SMIR,
If u don't have any other options available...then i don't find any problem if u want to apply for human rights case..

Tuhin

gryphon · Post by **gryphon** » Tue Jan 21, 2014 5:09 pm

Any comments from gurus moderators? Looks like an important topic a sticky note on it would be good I think.

I have had mixed response on this question in the past. Not sure what the best option is.

opty88 wrote:keep application simple. cover letter not necessary from experience

digitalrev wrote:Hi Experts
I am about to send my SET LR application.
Shall I include cover letter, even though my case is very straight forward. (Sorry about silly question, I read in this forum gurus advised not to dig a hole by attaching unnecessary cover letter).

during my 10 years stay in the united kingdom, I went out of country 6 times . total 139 days.

Everything looks straight forward apart from the date back in 2010, When I went to India for holiday.

I left UK on 21st of July, 2010 and Reached to India on 22nd of July 2010
I came back to UK on 9th of August

I have noticed my passport doesn't contain exit stamp from UK Airport. However there is an entry stamp from Mumbai airport on 22nd of July.

My Passport also contain an exit stamp on 9th of August from Mumbai airport and an entry stamp from London heathrow airport.

in My SET LR Application form I entered 21st of July as "Date I left the UK" and 9th Of August as "The date I returned to UK".

My question is - Do you guys think caseworker will be confused if he/she look for stamp dated 21st of July 2010? as There is no exit or entry stamp dated 21st of July 2010, The mumbai airport entry stamp is dated as 22nd of July 2010.
Or you guys think caseworkers are smart enough to figure it out.

Shall I attach a cover letter to mention about date and page number where they can find stamp.

Thanks

sajelvk8 · Post by **sajelvk8** » Tue Jan 21, 2014 7:31 pm

Here is my application timeline for addition to the skydrive database:

Application Sent: 19 Nov 2013
Acknowledgement Letter Dated: 21 Nov 2013
Acknowledgement Letter received: 27 Nov 2013
Biometric Letter dated: 31 Dec 2013
Biometric Letter Received: 09 Jan 2014
Biometrics enrolled: 10 Jan 2014
Decision: Waiting
Documents received: Waiting

digitalrev · Post by **digitalrev** » Tue Jan 21, 2014 7:50 pm

Thank you opty88 and gryphon. I appreciate it.

So you guys think caseworkers are smart enough to figure it out?

gryphon wrote:Any comments from gurus moderators? Looks like an important topic a sticky note on it would be good I think.

I have had mixed response on this question in the past. Not sure what the best option is.

opty88 wrote:keep application simple. cover letter not necessary from experience

digitalrev wrote:Hi Experts
I am about to send my SET LR application.
Shall I include cover letter, even though my case is very straight forward. (Sorry about silly question, I read in this forum gurus advised not to dig a hole by attaching unnecessary cover letter).

during my 10 years stay in the united kingdom, I went out of country 6 times . total 139 days.

Everything looks straight forward apart from the date back in 2010, When I went to India for holiday.

I left UK on 21st of July, 2010 and Reached to India on 22nd of July 2010
I came back to UK on 9th of August

I have noticed my passport doesn't contain exit stamp from UK Airport. However there is an entry stamp from Mumbai airport on 22nd of July.

My Passport also contain an exit stamp on 9th of August from Mumbai airport and an entry stamp from London heathrow airport.

in My SET LR Application form I entered 21st of July as "Date I left the UK" and 9th Of August as "The date I returned to UK".

My question is - Do you guys think caseworker will be confused if he/she look for stamp dated 21st of July 2010? as There is no exit or entry stamp dated 21st of July 2010, The mumbai airport entry stamp is dated as 22nd of July 2010.
Or you guys think caseworkers are smart enough to figure it out.

Shall I attach a cover letter to mention about date and page number where they can find stamp.

Thanks

maj1209 · Post by **maj1209** » Tue Jan 21, 2014 9:08 pm

Tobi wrote:With great gratitude to the Almighty God, I want to report that I collected my passport at the post office on 8th Jan.

Thank you to all the members of this forum and the moderators and the person that created the spreadsheet. This forum has been a useful source of encouragement to me throughout the waiting period.

My timeline is updated with all details in skydrive.

For all those this waiting, stay strong, try not to worry too much, it will all come together in God's time.

can you please add your timelie

mskhan78 · Post by **mskhan78** » Tue Jan 21, 2014 9:19 pm

Hi everyone Just a quick question . I am applying ILR next month and my wife will fill FLR (M) as she came here in September 2012.
Does she need to do English Language qualification and Life in the UK test.. Many Thankssss

SSWSZ · Post by **SSWSZ** » Tue Jan 21, 2014 9:24 pm

for flr(M) English language requirement is level A1 .but life in uk is not required for it.

mskhan78 wrote:Hi everyone Just a quick question . I am applying ILR next month and my wife will fill FLR (M) as she came here in September 2012.
Does she need to do English Language qualification and Life in the UK test.. Many Thankssss

raaz0800 · Post by **raaz0800** » Tue Jan 21, 2014 10:28 pm

khani wrote:All those who are applying on under 3c , 3d, since there is no guideline or clear HO instructions, the only way to do is, apply for ILR and at the same time withdraw the case tp avoid being overstayed ??? Another option is to send application without withdrawing and wait for the HO response, in that case HO can send the application back as invalid since there is a pending appeal.

How about for those who didnt have the removal A47 section when they were refused their last application. In that case, they can apply for fresh application in any other category within 28 days after the pending appeal decision. One solicitor I spoke to said that you cannot apply for ILR in that case, he said that the whole period of 3c , 3d stands void once you have received the judgment, and wont count towards continuous legal residence although you can apply in any other category. For 3c, 3d to take effects your case has to be in progress.

any comments ??
Hi there
y solicitor told me that 3c and 3d is considered legal stay. In my case my appeal was dismissed in the first tribunal but judge gave me right of appeal in upper tribunal but as you said home office can return your application.So my solicitor advised me wait ten days and right next day I sent my application so 28 days is disregarded b,y home office anyway. Secondly my solicitor asked me to send bankers draft by leaving no chance of invalidity. I am upset by your statement that 3c and 3d should be in progress. Don't you think by sending application in this condition we are in 3c.
any comments from experts
raaz

thanks

Ahsun · Post by **Ahsun** » Wed Jan 22, 2014 1:24 am

Help needed. Please answer my query ASAP.

I am planning to apply under long residence category. I have been in the UK for over 10 years now. Currently, I am on Tier 1 General.

In 2010, I travelled in March for 1.5 months and then had to visit my mum (who was very critical, got the evidence and also took compassionate leave from work) back home again from July 2010 till jan 2011.
This somehow exceeds 180 days by a couple of days and also affected my overall 10 year absences which went up to 566 days.

But I can get a letter from my work place stating that I was on a compassionate leave due to my mum's health and can also provide doctor's note.

Do you think that will be an issue if I apply for ilr long residence.

Please let me know.
Thanks

Ahsun

fahmeeda52 · Post by **fahmeeda52** » Wed Jan 22, 2014 8:59 am

Hi
I came to the UK in 2003 on student visa, covert to PSW visa, now I am on HSMP visa and living in uk from 10 years. So on 4th September 2013, I applied for ILR on 10 years basis. Do you have any idea, how long it will take?

Details:

Application sent: 4/09/13
Ackowledgement & Biometric received : 20/10/2013
Biometric enrolled: 24/09/13
Now waiting: Documents & ILR

Thanks

Hardikjshah83 · Post by **Hardikjshah83** » Wed Jan 22, 2014 9:04 am

khani wrote:
Hardikjshah83 wrote:
khani wrote:Hi

Anyone know about the Gap effect on application ??? I applied for tier 4 extension in 2008 before my visa expiry date, but few days later HO retrurn my application as invalid as I forgot to fill the criminal part of application. They asked me to fill it and return, i did the same but cant remember when I sent my application again it was before or after expiry of my visa.

thanks
You ate allowed 28 days gap. So if you have returned your file within 28 days it should be allowed by HO.

If you not sure you can ask HO to provide all your immigration history in FOI request by providing your details.

This way they will send all your applications case worker notes etc . Whatever they have on file for you . You can then determine when you have returned your application.

I have requested that way.

Thanks, are you sure 28 days gap is allowed ?? I was checking some posts here, some say 10 days gap is on discretion of case worker ??? Yes I definitely submitted it well before 28 days.

Hi Khani,

i think your GAP is classed as overstaying.. where there is no application with HO, so am I guessing it correct, that from the date you applied 1st time before your visa expiry date, and HO returned your application - you had application with them and thats why you should not count it towardsyour overstay.. however since you receive documents from HO and considering your visa has expired by then, until you made 2nd applicaiton is the time considered as overstayer. i think if you write a covering letter explaining you have received documents back from HO on date XYZ and you submitted file straight after on date ABC, case worker should understand.

I am not the expert, however some of the expert MOD should be able to comment on this case...

esmsi · Post by **esmsi** » Wed Jan 22, 2014 9:47 am

Mate you still waitinng?

fahmeeda52 04/09/2013
akb titu 05/08/2013

Joe jee 05/07/2013
Landcruiser 28/06/2013

Shahkakaram · Post by **Shahkakaram** » Wed Jan 22, 2014 11:23 am

Hardikjshah83 wrote:
khani wrote:Hi

Anyone know about the Gap effect on application ??? I applied for tier 4 extension in 2008 before my visa expiry date, but few days later HO retrurn my application as invalid as I forgot to fill the criminal part of application. They asked me to fill it and return, i did the same but cant remember when I sent my application again it was before or after expiry of my visa.

thanks
You ate allowed 28 days gap. So if you have returned your file within 28 days it should be allowed by HO.

If you not sure you can ask HO to provide all your immigration history in FOI request by providing your details.

This way they will send all your applications case worker notes etc . Whatever they have on file for you . You can then determine when you have returned your application.

Hello Hardikjshah ,

28 days gap are allowed from which date ? the date your visa expired or the date you recieved your application as INVALID ? ....if 28 days are allowed the date your visa applied then there may be so many circumstances which may delay the application :- like postal services stike , slow delivery .....in my case i am not remember exactly but my application came back to me as invalid ( because the payment was not deducted as i have lost my credit card the next day i applied for extension with in the date ) However i have sent the cheque straighaway to the day i lost my credit card and cheque was cleared too before i recieved an INVALID application ....

so in short my question is the 28 days start from the date your visa expired or the date you recieved your application as INVALID , Please explain it as soon as possible ...thanks

I have requested that way.

britbanker · Post by **britbanker** » Wed Jan 22, 2014 12:16 pm

fahmeeda52 wrote:Hi
I came to the UK in 2003 on student visa, covert to PSW visa, now I am on HSMP visa and living in uk from 10 years. So on 4th September 2013, I applied for ILR on 10 years basis. Do you have any idea, how long it will take?

Details:

Application sent: 4/09/13
Ackowledgement & Biometric received : 20/10/2013
Biometric enrolled: 24/09/13
Now waiting: Documents & ILR

Thanks

Hi Fahmeeda52,

The Home Office state that they process 95% of their postal applications within 6 months -
http://www.ukba.homeoffice.gov.uk/visas ... tingtimes/

I know from personal experience that a lot of my friends who applied for their 10 year ILR in 2012 had to wait for 8 months on average, however 2013 applicants have been more fortunate as it appears from the anecdotal evidence on this forum and our skydrive, that processing times have been reduced to between 4 - 5 months now.

Going by that trend, I would have expected August applications to have been completed by Dec 31st, but it appears the Christmas period has caused a slight delay (understandably) and we are still seeing August application approvals trickling in.

It appears that September applications are now being approved however, as several people on this forum who applied around a similar time to you have received their documents back, so I would hope that you receive your approval in the next 2 weeks (obviously assuming your application was valid and there are no complications)
* fingers crossed *

I am a September applicant too, so hopefully wont have to wait much longer either! All the best

Nik

khani · Post by **khani** » Wed Jan 22, 2014 2:35 pm

raaz0800 wrote:
khani wrote:All those who are applying on under 3c , 3d, since there is no guideline or clear HO instructions, the only way to do is, apply for ILR and at the same time withdraw the case tp avoid being overstayed ??? Another option is to send application without withdrawing and wait for the HO response, in that case HO can send the application back as invalid since there is a pending appeal.

How about for those who didnt have the removal A47 section when they were refused their last application. In that case, they can apply for fresh application in any other category within 28 days after the pending appeal decision. One solicitor I spoke to said that you cannot apply for ILR in that case, he said that the whole period of 3c , 3d stands void once you have received the judgment, and wont count towards continuous legal residence although you can apply in any other category. For 3c, 3d to take effects your case has to be in progress.

any comments ??
Hi there
y solicitor told me that 3c and 3d is considered legal stay. In my case my appeal was dismissed in the first tribunal but judge gave me right of appeal in upper tribunal but as you said home office can return your application.So my solicitor advised me wait ten days and right next day I sent my application so 28 days is disregarded b,y home office anyway. Secondly my solicitor asked me to send bankers draft by leaving no chance of invalidity. I am upset by your statement that 3c and 3d should be in progress. Don't you think by sending application in this condition we are in 3c.
any comments from experts
raaz

thanks

There is no straightforward policy guideline on this, every solicitor i spoke to gives a different explanation, so much confusion.

Any way, I didnt get you, did you apply within 10 days after first tier tribunal decision without going to further appeal ??? I spoke to Bukhari Law, the solicitor there advised me to keep the case in court then apply for ILR and withdraw the case at the same time. My appeal is in UT for permission to appeal in COA that can be rejected anytime soon. After the court decision I have 28 days to apply for any other category if I dont go further on this appeal but the solicitor told me that once decision against your is out, the time under 3c , 3d will be invalid for ILR, to apply for ILR your appeal should be in progress. This is what I was told.

thanks

khani · Post by **khani** » Wed Jan 22, 2014 2:53 pm

Hi Khani,

i think your GAP is classed as overstaying.. where there is no application with HO, so am I guessing it correct, that from the date you applied 1st time before your visa expiry date, and HO returned your application - you had application with them and thats why you should not count it towardsyour overstay.. however since you receive documents from HO and considering your visa has expired by then, until you made 2nd applicaiton is the time considered as overstayer. i think if you write a covering letter explaining you have received documents back from HO on date XYZ and you submitted file straight after on date ABC, case worker should understand.

I am not the expert, however some of the expert MOD should be able to comment on this case...

HI Hardikjshah

Thanks for reply, I sent my application two weeks before the expiry of my visa, after few days, they sent my application with a letter that i didnt Tick or sign the Criminal History part and advised me to sign that and return it asap. I am not sure if they only sent me that part of application retaining passport and everything or the whole application as invalid. But any way I signed it and returned it same day and i got my visa after few weeks. I dont remember If i return them application back while my visa was still valid or it was expired, if it was expired it shouldn't be more than few days for sure.

thanks again for reply

raaz0800 · Post by **raaz0800** » Wed Jan 22, 2014 3:13 pm

raaz0800 wrote:
khani wrote:All those who are applying on under 3c , 3d, since there is no guideline or clear HO instructions, the only way to do is, apply for ILR and at the same time withdraw the case tp avoid being overstayed ??? Another option is to send application without withdrawing and wait for the HO response, in that case HO can send the application back as invalid since there is a pending appeal.

How about for those who didnt have the removal A47 section when they were refused their last application. In that case, they can apply for fresh application in any other category within 28 days after the pending appeal decision. One solicitor I spoke to said that you cannot apply for ILR in that case, he said that the whole period of 3c , 3d stands void once you have received the judgment, and wont count towards continuous legal residence although you can apply in any other category. For 3c, 3d to take effects your case has to be in progress.

any comments ??
Hi there
y solicitor told me that 3c and 3d is considered legal stay. In my case my appeal was dismissed in the first tribunal but judge gave me right of appeal in upper tribunal but as you said home office can return your application.So my solicitor advised me wait ten days and right next day I sent my application so 28 days is disregarded b,y home office anyway. Secondly my solicitor asked me to send bankers draft by leaving no chance of invalidity. I am upset by your statement that 3c and 3d should be in progress. Don't you think by sending application in this condition we are in 3c.
any comments from experts
raaz

thanks

I was not given any information regarding this because when you withdraw your appeal that means you accept home office decision and when you don't lodgr appeal you accept the same decision. I will confirm but I am sure that is not the case.God knows best

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10 years long residence applications

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