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Hi,
Need expert advise please. If someone Is just 2-3months short of 10years long residance what can be the best course of action?
1- Apply using IlR (LR) wait for the outcome ( what are the chances of getting approved)
In case of rejection will there be any appeal rights? and if by the time of the decision 10years are completed a new application can be submitted?
Or
FLR(FP)
single no children etc.

Anyone who had gone through similar situation please share the experience. Many thanks in advace

It's safe to assume that long residence applications can take 6 months to be decided so you will not be refused until you have passed the 10 year threshold. You can't make an new application when you are under appeal; you are only permitted to vary the previous application. However, now for the bad news: in this case if you were to go down this road, you would not be varying an application as it would be a request in exactly the same category.

Now this is where it gets interesting. I don't know if a completely frivolous application in another category (one that has absolutely no merit and is being made purely as a delaying tactic) could be varied to long residence, and see that variation accepted as valid and approved given the circumstances. Member Vinny would be a better person to comment on this that I am.

Thanks. Wondering on the validity issue? Does valid means In time application before expiry of current leave or as per fulfilling the requirements?
Will this be an issue?
I personally not in favour of sort of delaying tactic but it's a genuine problem many may be facing and any help will be much appreciated. 10years Is a really a long period.

It will be safe to make an application before your leave expires, probably you can file in a FLR(FP) on the basis of your private life, and once your qualifying period is attained, you can vary that application to ILR and pay the fees difference.

Please note that this can only be done if you make an in time application.

Validity simply means, filling the correct application in circulation, paying the correct fees, ensuring correct photographs are provided, providing mandatory document, etc.

dr_me wrote:Hi,
Need expert advise please. If someone Is just 2-3months short of 10years long residance what can be the best course of action?
1- Apply using IlR (LR) wait for the outcome ( what are the chances of getting approved)
In case of rejection will there be any appeal rights? and if by the time of the decision 10years are completed a new application can be submitted?
Or
FLR(FP)
single no children etc.

Anyone who had gone through similar situation please share the experience. Many thanks in advace

There are few examples when people successfully submitted early applications

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