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ILR application

Posted: Wed Oct 23, 2013 10:54 pm
by silverstar
Dear all,

I wanted to ask for your help and guidance with regards to my ILR application.

I was about 3 and half months short of reaching the 10 year stay (which is to be the end of December 2013) but after consulting my solicitor, I decided to apply for the ILR application just before my tier 2 visa was due to expire as I did not wanted to break up the continuous legal stay in the UK.

So I applied on 14/09/2013
And have received my biometrics letter 15/10/2013
The biometrics letter was dated on 11/10/2013

I still have not done my biometrics as I thought it is best for me to do it late as possible to ensure that I allow enough time for me to reach the 10 year stay. What should I do? Wait up to 15 working days? or do it asap?

I really need some reassurance as I am constantly worried with this application....

Many thanks in advance.

Posted: Wed Oct 23, 2013 10:56 pm
by Amber
Did your solicitor not advise you to apply for an extension and then vary nearer to the date? Though, if at the time of a decision you meet the requirements for ILR, that should suffice.

I believe if you miss biometrics, they'll send one reminder, though I'd be careful.

Posted: Wed Oct 23, 2013 10:59 pm
by silverstar
No she did not...

Actually she was pretty useless... she was just told me that I cannot apply for any other visa category so she cant really help.

Have I done completely the wrong thing???

Posted: Wed Oct 23, 2013 11:00 pm
by silverstar
I was thinking of doing it closer to the 15 working day limit.

Posted: Wed Oct 23, 2013 11:13 pm
by Amber
No, so long as at the date of decision you meet the requirements. However, the adviser should have given you the option of applying for limited leave to remain and then varying. I can't say how long you should leave your biometrics, I'd just get it done within the prescribed period.

Posted: Wed Oct 23, 2013 11:16 pm
by silverstar
Just to confirm; so the application waiting time also counts towards the 10 year residency?
Sorry im bit confused with everything at the moment.

Yes, I am planning to get my biometrics done within the 15 working day period.

Thanks so much

Posted: Wed Oct 23, 2013 11:20 pm
by Amber
Technically if the case was decided exceptionally fast it could be refused. However, if at the date of decision you met the requirements it should succeed.

Posted: Wed Oct 23, 2013 11:24 pm
by silverstar
Thank you so much for your help!

Posted: Thu Oct 24, 2013 12:29 am
by lizhao12345
Applications received more than 28 days before the required qualifying period is completed

You must refuse applications received more than 28 days before the applicant completes the required qualifying period for long residence. This is because the applicant has not completed the required period of leave in the UK.

http://www.ukba.homeoffice.gov.uk/sitec ... ary#page20
page 15

Posted: Thu Oct 24, 2013 8:53 am
by Amber
See also, AQ (Pakistan).