Ten Years or Tier 1 Extension

Dear Members,

I would like to thank your sincere effort for giving valuable suggestions for every one who are benefiting so much from this particular site.

Currently I'm on tier 1 visa, also I will be qualifying for ten years long term residency visa as well.

Unfortunately Tier 1 extension and Long term ILR are falling in the same month.

Now I got both options, I'm not able to decide which one should I be going for

If I go for ten years I can't apply for tier 1 extension any more because my application will be in HO at that time.

Thanks in Advance

If you are worried that the settlement application under long residence may be refused for any reason, apply for extension first and upon approval apply for settlement.

sushdmehta wrote:If you are worried that the settlement application under long residence may be refused for any reason, apply for extension first and upon approval apply for settlement.

Thanks once again for your Immediate reply.

There is no problem in my Ten years ILR, All visas have being granted on time with no gaps (7 Years Student Visa + 1 Year PSW + 2 Years Tier 1). Always applied Visas on the same day service, only one extension was sent by post and I got the HO proof that my application was received on time, also want to get my SAR File to make sure that there are no gaps at all. Any other attributes should be considered for ten years? as far as I know no gaps, 18 months should not be out side UK, Should not be Out side for 6 months continuously.

Apart from these any other particular areas which I should be double checking FOR ILR?

More over though I extend my TIER 1 I cant wait for another 3 years for my ILR On Tier 1 Basis as it will be like 13 years for my PR and its a bit too much of time right?

Though I apply for tier 1 extension and again applying ten Years ILR its again wasting money twice right?

I came to know that ten years ILR is all up to the HO case worker discretion. For some reasons if they refuse can I still apply for my TIER 1 Extension but the problem at that time is I would have finished my current leave which is TIER 1 General.

Also there is a talk that they want to stop Long residency after April 2012, though they stop will they have any standard cut off date as such or it will imply to every one straight away. If that's the case it is unfair on candidates side especially in my case because I will be qualifying in June so I will be missing out for 2 months. So is their any cut off dates like a years HO will be granting for candidates even though the new rules come?
Please help me as this is creating lots of confusion for me at this point of time.
Thanks in advance once again.

BobbyUKENG wrote:any other particular areas which I should be double checking FOR ILR?

See also Long residence (276A-276D).

BobbyUKENG wrote:There is no problem in my Ten years ILR

The apply, making sure that the application is perfect.

BobbyUKENG wrote: Always applied Visas on the same day service

You will not be able to apply through same day service for Long Residence application. I am in the similar dilemma and I haven’t decided yet. I will be eligible for settlement based on long residence on 1st August, 2012 and based on tier-1 on 10th October, 2012.

The other thing is I have two dependents which can’t apply at the same time if you are applying based on long residence. I am not sure if that is the case with you.

It will be good to hear what are the reasons if you opt for long residence application.

sushdmehta wrote:

BobbyUKENG wrote:any other particular areas which I should be double checking FOR ILR?

See also Long residence (276A-276D).

BobbyUKENG wrote:There is no problem in my Ten years ILR

The apply, making sure that the application is perfect.

Thanks once again for your reply, by the way I got my wife as a dependent, she is currently TIER 1 dependent. What should I do for her? can I join her in my application?

If not she has to go back home? she has to leave the country and I should apply her Dependent visa Once I get MY Ten years ILR?

imran22 wrote:

BobbyUKENG wrote: Always applied Visas on the same day service

You will not be able to apply through same day service for Long Residence application. I am in the similar dilemma and I haven’t decided yet. I will be eligible for settlement based on long residence on 1st August, 2012 and based on tier-1 on 10th October, 2012.

The other thing is I have two dependents which can’t apply at the same time if you are applying based on long residence. I am not sure if that is the case with you.

It will be good to hear what are the reasons if you opt for long residence application.

Hello,

I got my wife as dependent, even her visa expires same as me. So can't I make dependent application along my application? I know she can't get ILR On ten years because she was not in the country for ten years, so what happens to her? she has to go back and apply once I get ILR?

BobbyUKENG wrote:I got my wife as dependent,

An important fact you missed sharing earlier.

Assuming that you mean Tier 1 (General) when you say "Tier 1":
If you apply for settlement under long residence, your dependant will need to switch to FLR(M) and apply for settlement (SET(M)) when 287(a)(i)(d) is fulfilled.

Alternatively, if you apply for settlement as a Tier 1 (General) migrant then your dependant may be eligible for settlement at the same time as you if your dependant has lived with you in the UK for at least 2 years.

I am in the same situation. My ILR will be due on Sep 2012 (based on 10 years). My tier-1 visa will expire on First week of december, 2012. 2 and 1/2 months in between these 2 dates. Is this time enough to get ILR from UKBA if I apply for ILR?

On the contrary, My ILR will be due on End of Jan, 2013 (based on WP+Tier-1). In this case, I need to extend my tier-1 visa (3 months short to be 5 years). I have 2 dependents. My wife is with me more than 2 years (under tier-1 dependent).

PLease advice.

sushdmehta wrote:

BobbyUKENG wrote:I got my wife as dependent,

An important fact you missed sharing earlier.

Assuming that you mean Tier 1 (General) when you say "Tier 1":
If you apply for settlement under long residence, your dependant will need to switch to FLR(M) and apply for settlement (SET(M)) when 287(a)(i)(d) is fulfilled.

Alternatively, if you apply for settlement as a Tier 1 (General) migrant then your dependant may be eligible for settlement at the same time as you if your dependant has lived with you in the UK for at least 2 years.

Thanks for your reply,

I would like to know the procedure for applying my SAR File. Is that a good idea to get SAR file so that I would be knowing exactly when my visas got extended before applying ten years ILR. Can you also please update me how long it takes SAR File and also where to download application form.
Thanks in advance/

Please you don't need to fill any application forms for SAR.
Please click the link below for SAR application
http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

My sample letter

Home Office Ref: XXXXXX (IF ANY) Your Address & date


DPU SAR
The UK Border Agency
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

SUBJECT ACCESS REQUEST
Dear Sir/Madam,

Re: Name xxxxxxxxxxxxx Nationality D.O.B xxxxxxxx

I write this letter in connection with the Subject Access Request (SAR).

Please find enclosed along with this letter:

1) A cheque of £10 payable to ‘The Home Office Accounting Officer’.
2) A photo copy of my passport.
3) Documents e.g. utility bill / UK Driving License


I would be grateful if my complete personal information i.e. all documents which the Home Office holds about me on their system is sent to me to the postal address as stated above.

In case you need any further information from me, please do write to the address stated above

I look forward to receiving the SAR file from you soon.

Thank you very much.

Yours faithfully,

Signature

Name

mercy4 wrote:Please you don't need to fill any application forms for SAR.
Please click the link below for SAR application
http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

My sample letter

Home Office Ref: XXXXXX (IF ANY) Your Address & date


DPU SAR
The UK Border Agency
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

SUBJECT ACCESS REQUEST
Dear Sir/Madam,

Re: Name xxxxxxxxxxxxx Nationality D.O.B xxxxxxxx

I write this letter in connection with the Subject Access Request (SAR).

Please find enclosed along with this letter:

1) A cheque of £10 payable to ‘The Home Office Accounting Officer’.
2) A photo copy of my passport.
3) Documents e.g. utility bill / UK Driving License


I would be grateful if my complete personal information i.e. all documents which the Home Office holds about me on their system is sent to me to the postal address as stated above.

In case you need any further information from me, please do write to the address stated above

I look forward to receiving the SAR file from you soon.

Thank you very much.

Yours faithfully,

Signature

Name

Thanks very much for your updates,

I would like to know couple of things. How many days can we expect the reply from the HO?

Because after two months I'm moving the house, can I expect reply from HO Within two months?

Thanks in advance,

BobbyUKENG wrote:

mercy4 wrote:
Thanks very much for your updates,

I would like to know couple of things. How many days can we expect the reply from the HO?

Because after two months I'm moving the house, can I expect reply from HO Within two months?

Thanks in advance,

I applied for SAR and received the reply in almost two months. I think you better request it when you are in your new place. Because even if you apply now for SAR the christmas holidays will jeopardise everything and by the time they come with any reply. You will be in your new home.

zahid.ali.anwar wrote:

BobbyUKENG wrote:

mercy4 wrote:
Thanks very much for your updates,

I would like to know couple of things. How many days can we expect the reply from the HO?

Because after two months I'm moving the house, can I expect reply from HO Within two months?

Thanks in advance,

I applied for SAR and received the reply in almost two months. I think you better request it when you are in your new place. Because even if you apply now for SAR the christmas holidays will jeopardise everything and by the time they come with any reply. You will be in your new home.

Thanks once again,

Can I give my friends address and apply for SAR as he got his permanent address, Can I use his address? because I do not want to waste time waiting till I move to my new home.

You can give your friend address for correspondence. However, since it is your SAR and you need to provide your details and address so it might sound conflicting. You can mentioned everything about your moving the house in the cover letter. And Home Office will communicate you through your temp address.

zahid.ali.anwar wrote:You can give your friend address for correspondence. However, since it is your SAR and you need to provide your details and address so it might sound conflicting. You can mentioned everything about your moving the house in the cover letter. And Home Office will communicate you through your temp address.

Thanks for your information,

I would like to ask you a bit more on this thread. HO got any plans to Remove ten years ILR from April 2012?

If so what happens to the applicants who miss this by months?

I got my Passport and also I can say for sure that there are no gaps in my extensions, can you please let me know what docs I have to send in my case?
Thanks in advance

BobbyUKENG wrote:

zahid.ali.anwar wrote:You can give your friend address for correspondence. However, since it is your SAR and you need to provide your details and address so it might sound conflicting. You can mentioned everything about your moving the house in the cover letter. And Home Office will communicate you through your temp address.

Thanks for your information,

I would like to ask you a bit more on this thread. HO got any plans to Remove ten years ILR from April 2012?

If so what happens to the applicants who miss this by months?

I got my Passport and also I can say for sure that there are no gaps in my extensions, can you please let me know what docs I have to send in my case?
Thanks in advance

Sorry I have forgotten to ask earlier,

I'm getting three days short for my ten years ILR, But I got visa when I Apply 28 days Before. so Is it ok if I got visa on 28 days rule? or is it compulsory that I should have visa for the whole ten years Visa.

So Is it compulsory that I should have complete ten years visa ?? but if I take 28 days into account I got my visa. Please gurus update me. Thanks

Hi BobbyUKENG,

If I am at your place, I will follow the suggestion of sushdmehta.

The reason is, after getting your Tier 1 extension, you will have time to do anything. Even after getting your extension, you can apply for ILR based on long residencey. However, as you said, if you applied for ILR based on long residency and something goes wrong, you will be in complete jeopardy. In addition to this, the dependants will also suffer as their visa is linked with yours. So for a family person, my advise will be to go for extension first and then apply for your ILR.

You can request your SAR file according to the procedure mentioned earlier. However, if you know your complete details the SAR file will not help a lot. It only contains your all the application forms, cover letters you sent, screenshots of computer screens of caseworker with information that you wouldn't understand or have a clue about and your embankment card you filled, when you first landed in UK. So most of the details, you already know.

At rather, I would suggest to give details about your complete history as under;

Visa type: student
Visa Valid from :
Visa Valid till : Landed in UK

1st Extn, visa type:
Valid from :
Valid till:

Tier 1 valid from :
Valid till:

Record of out of country trips

1st trip : 2-12-2007 to 15-03-2007 (13 days etc)

etc etc. This will help everyone to shed more light on your case.

Thanks,

BobbyUKENG wrote: I would like to ask you a bit more on this thread. HO got any plans to Remove ten years ILR from April 2012?

--Any evidence or reference?

Somudro wrote:

BobbyUKENG wrote: I would like to ask you a bit more on this thread. HO got any plans to Remove ten years ILR from April 2012?

--Any evidence or reference?

It did came in discussion few months back and I think MAC has also included that in their report. However, nothing is finalized as yet. So no worries till anything actually happens.

sushdmehta wrote:

BobbyUKENG wrote:I got my wife as dependent,

An important fact you missed sharing earlier.

Assuming that you mean Tier 1 (General) when you say "Tier 1":
If you apply for settlement under long residence, your dependant will need to switch to FLR(M) and apply for settlement (SET(M)) when 287(a)(i)(d) is fulfilled.

Alternatively, if you apply for settlement as a Tier 1 (General) migrant then your dependant may be eligible for settlement at the same time as you if your dependant has lived with you in the UK for at least 2 years.

Hello Guru's

At this point of time I have decided to drop my ten years ILR Instead of Tier 1 general extension, but as I was going through the guidance notes for Ten years ILR, I came to know that its completely with the HO discretion. If for some reasons they wont approve my ten years visa , can I still apply for my TIER 1 general Extension. But I want to let you know that my tier 1 GENERAL visa would be expired by the time I get Ten years ILR result.

Can I apply in that 28 days time for a new tier 1 general extension?

Thanks in advance

hi,

MY sister's 10 years are completing in uk on 2nd march 2012 but her current student visa going to expire on 6th feb2012 .Just i wnat to know can she apply for LRP or she has to againd extend visa till 2nd march 2012 and then apply? thank you

Regarding
Sonia.

sonia123 wrote:hi,

MY sister's 10 years are completing in uk on 2nd march 2012 but her current student visa going to expire on 6th feb2012 .Just i wnat to know can she apply for LRP or she has to againd extend visa till 2nd march 2012 and then apply? thank you

Regarding
Sonia.

Hello Sonia,

I guess you can always apply under 28 days rule, I guess you should be OK according to me, but please confirm with the Guru's who are helping many candidates through this post.

I guess your sister is lucky because she can apply in feb 12, because if any new rules are going to implement it would be after April.
Best of luck for your sister.

BobbyUKENG wrote:

sonia123 wrote:hi,

MY sister's 10 years are completing in uk on 2nd march 2012 but her current student visa going to expire on 6th feb2012 .Just i wnat to know can she apply for LRP or she has to againd extend visa till 2nd march 2012 and then apply? thank you

Regarding
Sonia.

Hello Sonia,

I guess you can always apply under 28 days rule, I guess you should be OK according to me, but please confirm with the Guru's who are helping many candidates through this post.

I guess your sister is lucky because she can apply in feb 12, because if any new rules are going to implement it would be after April.
Best of luck for your sister.

thank you bobby .I am waiting for Guru's comments.

On a safer side, she must apply for extension and then go for ILR based on 10 year. Incase, she have any problems with ILR, she will not be classed as illegal. Secondly, she will have time to reapply based on 10 years after removing the objections, if any.

By this method, she can avoid appeal fees and lawyer fees as well, incase, she got her ILR refused at first place.