ILR - 45 days short of long residence

atan1990 · Post by **atan1990** » Wed Sep 12, 2018 2:35 pm

Hello

I came into the UK on 17.09.2009 on a Tier 4 student visa
Sep 2009 – June 2012 (Student visa)
Dec 2011 – Dec 2013 (Tier 1 post study work permit)
Aug 2013 – Aug 2016 (Tier 2 General)
Aug 2016 – Aug 2019 (Tier 2 General)

Above are the different type of visa I had. I didnt meet the salary requirement of £35,800 to apply for an ILR through the 5 years Tier 2 route so I will have to go for the 10 years long residency route. The problem is I am only short of 1 month, my current visa will end on 02.08.2019. I cant afford to apply for another Tier 4 visa as courses for international student are really expensive. I've been looking at a short course(ie English courses) and short term student visa but Malaysian citizens are allowed to come into the UK to study without a visa if it's up to 6 months. In this case, I guess if I applied for a short term visa, it will be refused?

It seems like a Tier 4 student visa with an expensive course is the only solution to fill up the gam from Aug19-Sep19.

Is there any other solutions I can go for?

Please can someone help?

Thanks

Alicia

cyclina1 · Post by **cyclina1** » Wed Sep 12, 2018 2:58 pm

atan1990 wrote: ↑
Wed Sep 12, 2018 2:35 pm
Hello

I came into the UK on 17.09.2009 on a Tier 4 student visa
Sep 2009 – June 2012 (Student visa)
Dec 2011 – Dec 2013 (Tier 1 post study work permit)
Aug 2013 – Aug 2016 (Tier 2 General)
Aug 2016 – Aug 2019 (Tier 2 General)

Above are the different type of visa I had. I didnt meet the salary requirement of £35,800 to apply for an ILR through the 5 years Tier 2 route so I will have to go for the 10 years long residency route. The problem is I am only short of 1 month, my current visa will end on 02.08.2019. I cant afford to apply for another Tier 4 visa as courses for international student are really expensive. I've been looking at a short course(ie English courses) and short term student visa but Malaysian citizens are allowed to come into the UK to study without a visa if it's up to 6 months. In this case, I guess if I applied for a short term visa, it will be refused? It shouldn't be refused to apply for short term visa.

It seems like a Tier 4 student visa with an expensive course is the only solution to fill up the gam from Aug19-Sep19.

Is there any other solutions I can go for?

Please can someone help?

I think you can go for that short term visa which allow you legally stay in the UK, and then you can apply ILR (LR) once you fulfill 10 years after you first entry into the UK.

Thanks

Alicia

CR001 · Post by **CR001** » Wed Sep 12, 2018 8:36 pm

Aug 2016 – Aug 2019 (Tier 2 General)

Usually useful to state the exact date of your visa expiring

atan1990 · Post by **atan1990** » Thu Sep 13, 2018 7:51 am

Many Thanks for your reply. I should have included that.

I dont remember when my Tier 4 student visa started and expired. The biometric card was taken away by home office when I applied for my next visa(Tier 1). I should have kept a record of that

I arrived in the UK on 17.09.2009.

15/12/11 – 15/12/13 (Tier 1 post study work permit)
02/08/13 - 12/08/16 (Tier 2 General)
06/07/16 – 02/08/19 (Tier 2 General)

vinny · Post by **vinny** » Thu Sep 13, 2018 8:02 am

vinny wrote: ↑
Fri Jul 09, 2010 1:38 am
There is no 90-days concession relating to entry clearance (Start date). Early applications.

atan1990 · Post by **atan1990** » Thu Sep 13, 2018 8:07 am

vinny wrote: ↑
Thu Sep 13, 2018 8:02 am

vinny wrote: ↑
Fri Jul 09, 2010 1:38 am
There is no 90-days concession relating to entry clearance (Start date). Early applications.

Sorry I dont understand what you mean?

vinny · Post by **vinny** » Thu Sep 13, 2018 8:13 am

Please click on the last two links, etc., for further information.

atan1990 · Post by **atan1990** » Mon Mar 18, 2019 3:25 pm

Good Morning

Please can someone advise on my ILR situation

I am completing My 10 Years in couple of Months. I am aware of the fact that we can only apply 28 days before the qualifying period. I am short of 45 days to qualify for 10 years Long residence. Below are the type of visas and dates of my previous visas

Tier 4 Student visa 17.09.2009 (entered to the UK on the same day) valid until Nov 2012
Tier 1 PSW visa 15.12.2011 – 15.12.2013
Tier 2 General 02.08.2013 – 12.08.2016
Tier 2 General 06.07.2016 – 02.08.2019

I have renewed my visa in time during the time I spent in the UK.

I did not meet the salary requirement of £35,800 therefore I have to go for the 10 years route, unfortunately I am short of 45 days. I have seek for advices from solicitors and a few of them have advised me to apply for ILR via post and by the time a case worker look at my application, I should have achieved 10 years. I was advised that "The qualifying period is calculated by case worker from date of entry to date of decision. Also if the application is made before the expiry of current leave it will be covered by 3C leave till the date of decision which will also be counted towards the Long residence qualifying period by the case worker.” Can you please confirm this statement is correct? Can you also please confirm that making an early application does not make it invalid.

I am not married nor living with my partner who's a British citizen therefore I am not eligible for the spouse visa route.

It would be much appreciated if you could provide me with some advice. Looking forward to hearing back from you.

CR001 · Post by **CR001** » Mon Mar 18, 2019 3:27 pm

atan1990 wrote: ↑
Mon Mar 18, 2019 3:25 pm
Good Morning

Please can someone advise on my ILR situation

I am completing My 10 Years in couple of Months. I am aware of the fact that we can only apply 28 days before the qualifying period. I am short of 45 days to qualify for 10 years Long residence. Below are the type of visas and dates of my previous visas

Tier 4 Student visa 17.09.2009 (entered to the UK on the same day) valid until Nov 2012
Tier 1 PSW visa 15.12.2011 – 15.12.2013
Tier 2 General 02.08.2013 – 12.08.2016
Tier 2 General 06.07.2016 – 02.08.2019

I have renewed my visa in time during the time I spent in the UK.

I did not meet the salary requirement of £35,800 therefore I have to go for the 10 years route, unfortunately I am short of 45 days. I have seek for advices from solicitors and a few of them have advised me to apply for ILR via post and by the time a case worker look at my application, I should have achieved 10 years. I was advised that "The qualifying period is calculated by case worker from date of entry to date of decision. Also if the application is made before the expiry of current leave it will be covered by 3C leave till the date of decision which will also be counted towards the Long residence qualifying period by the case worker.” Can you please confirm this statement is correct? Can you also please confirm that making an early application does not make it invalid.

I am not married nor living with my partner who's a British citizen therefore I am not eligible for the spouse visa route.

It would be much appreciated if you could provide me with some advice. Looking forward to hearing back from you.

All the forms are online now and the new UKCVAS service and the date of application is the date you submit and pay online.

atan1990 · Post by **atan1990** » Mon Mar 18, 2019 3:31 pm

thanks for your quick response. Does that mean it will get rejected?

CR001 · Post by **CR001** » Mon Mar 18, 2019 3:32 pm

atan1990 wrote: ↑
Mon Mar 18, 2019 3:31 pm
thanks for your quick response. Does that mean it will get rejected?

Highly likely. Decisions these day don't take months and months anymore. They are fairly quick.

atan1990 · Post by **atan1990** » Mon Mar 18, 2019 3:37 pm

If I am eligible to apply within 28 days of qualifying period (20.08.2019) and my visa runs out on 02.08.2019 - means I am short of 17 days, is there any other way I could buy time for the 17 days to qualify for ILR?

zimba · Post by **zimba** » Mon Mar 18, 2019 4:06 pm

Apply for FLR(FP). It will cost you money though

atan1990 · Post by **atan1990** » Tue Mar 19, 2019 8:18 am

Zimba wrote: ↑
Mon Mar 18, 2019 4:06 pm
Apply for FLR(FP). It will cost you money though

Hi Zimba,
Thanks for your advice.
Am I eligible to apply for FLP(FP) if I'm not married to a British citizen nor living with them and have been in the UK for less than 10 years (short of 45 days)?

atan1990 · Post by **atan1990** » Tue Mar 19, 2019 10:24 am

Hi

May I please confirm the cost for the FLR(Fp) would be £1033+£1000(IHS)?
Assuming if I apply for FLR(FP) on 31.07.2019 just before my current tier 2 visa expires(02.08.2019) and if havent received a decision for this application when I qualify for ILR on 17.09.2019, am I able to make another application to switch to ILR and request for a full refund of £2033 including the IHS?

Also, I have read through the criteria for FLR(FP) and made a dummy application, I have selected the "unmarried partner" and selected that we are not living together but planning to live together as we both own our own property and I will be moving into his property once I am able to rent my property out, would this reason for not living together valid under FLR (M) for unmarried partner?

Any advice will be very much appreciated

atan1990 · Post by **atan1990** » Tue Mar 19, 2019 2:25 pm

please can someone advise?

zimba · Post by **zimba** » Tue Mar 19, 2019 4:27 pm

FLR(FP) under private life. You only get the refund for the application fees but the IHS fees will not be refunded as far as I know

atan1990 · Post by **atan1990** » Tue Mar 19, 2019 8:29 pm

Many thanks for your reply. Will they reject my application really fast because I've not met the criteria (to be in UK for 10 years) and will that make it an invalid application and not fall under 3C leave? Sorry if my question is daft and thanks alot for your advice

zimba · Post by **zimba** » Wed Mar 20, 2019 1:13 am

There is a risk. However an FLR application refusal based on private life could lead to appeal rights and your section 3C will continue.

atan1990 · Post by **atan1990** » Wed Mar 20, 2019 10:38 am

Many thanks for your reply. I have a few questions to ask

1. Do you mean it's a risk that the application will be rejected before I am qualify for ILR (LR) on 17.09.2019 or it's a risk that the application will be invalid

2. When is the earliest I could apply for ILR (LR) or vary to ILR before I get a decision for FLR (FP) application? Is that 17.09.2019 (came in to the UK on 17.09.2009) or 20.08.2019 (28 days before qualifying period)

3. I've read on https://assets.publishing.service.gov.u ... .0-ext.pdf

It says that An applicant submits application A in time. They then submit application B before
application A has been decided, but after the applicant’s leave has expired when the
applicant transitioned to 3C leave. As the applicant transitioned to 3C leave and a decision has not yet been made on application A, application B is automatically considered as a variation of application
A. The date of application is the date application A was submitted.

I will be applying for FLR(FP) on 31.07.2019 just before my current visa expires on 02.08.2019, say if I havent receive a decision by 17.09.2019 and submit a new application to vary for ILR on 17.09.2019, would they consider that the ILR was applied on 31.07.2019 and reject my ILR?

I am sorry for the long message and thanks for taking the time to read my queries. Looking forward to hearing from you

zimba · Post by **zimba** » Wed Mar 20, 2019 2:40 pm

1. Do you mean it's a risk that the application will be rejected before I am qualify for ILR (LR) on 17.09.2019 or it's a risk that the application will be invalid

Risk of refusal before ILR eligibility

2. When is the earliest I could apply for ILR (LR) or vary to ILR before I get a decision for FLR (FP) application? Is that 17.09.2019 (came in to the UK on 17.09.2009) or 20.08.2019 (28 days before qualifying period)

28 days before qualifying period

3. I will be applying for FLR(FP) on 31.07.2019 just before my current visa expires on 02.08.2019, say if I havent receive a decision by 17.09.2019 and submit a new application to vary for ILR on 17.09.2019, would they consider that the ILR was applied on 31.07.2019 and reject my ILR?

For ILR, you should be qualified on the day of decision. So no issues here

atan1990 · Post by **atan1990** » Wed Mar 20, 2019 3:27 pm

Many Thanks for your advice. Much relieved now

atan1990 · Post by **atan1990** » Fri Mar 29, 2019 12:03 pm

Hello

Please can someone send me a sample of cover letter for visa variation from flr (fp) to ILR?

Thanks very much

Alicia

zimba · Post by **zimba** » Fri Mar 29, 2019 4:53 pm

There is no sample letter. Simply write your intentions saying I request this application to be considered as the variation of my pending application

atan1990 · Post by **atan1990** » Tue Apr 02, 2019 9:27 am

Hello Zimba

Many thanks for your reply and being so helpful. Should I explain that the reason I would like to vary my application to ILR was because I have reached 10 years period or is it too obvious that I'm applying for flr(fp) in order to buy time? I read somewhere that if home office suspected that this is a tactic to buy time, they have the right to refuse ILR

but Ive also read somewhere that I should give as many info as possible

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ILR - 45 days short of long residence

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Re: ILR - 45 days short of long residence

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Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence

Re: ILR - 45 days short of long residence