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10 years long residence - Please help
Posted: Sun Nov 29, 2015 9:38 am
by priscaltony
Hi Forum
I need your advice please. We have just been issued a letter that our family application appeal that was allowed in June has been granted 30months for every one of us. However, we were asked to complete biometric applications before we can be invited for biometric enrolment.
However, my husband 10 years lawful residence anniversary was last year September and he applied for his ILR in December whilst we were waiting for our appeal to be listed at the UT. As expected this was rejected with the reason that he cannot make a new application whilst he has an outstanding appeal.
My question now is whilst we wait to receive our OLTR biometric visas; can he now apply for his ILR enclosing the confirmation letter from HO?
I will appreciate you valuable advices please.
Thank you in advance and God bless you all.
Re: 10 years long residence - Please help
Posted: Sun Nov 29, 2015 10:57 am
by CR001
Your circumstances are not straightforward and I have moved your post from the 10 years long Residence applications discussion thread to here on its own where you will get more advice.
Please don't keep posting multiple times.
Multiple Posting (click)
It would also help if you stated the full immigration history so that members have all the details rather than members having to trawl through your previous 37 posts in very lengthy discussion pages to understand your situation.
Re: 10 years long residence - Please help
Posted: Sun Nov 29, 2015 11:24 am
by geriatrix
priscaltony wrote:can he now apply for his ILR enclosing the confirmation letter from HO?
Yes, he may.
10 years long residence application
Posted: Wed Dec 02, 2015 3:37 pm
by priscaltony
Advice please
I came in to UK on a visiting visa until December 2006 when my visiting visa expired; before my visiting visa expired I made a dependant of a HSMP holder application on my husband. This was rejected with a reason that, such visa application could not be made in the UK. Then in January 2007 (two weeks after our visiting visas had expired), my husband made an application to change his status to student visa and included us as his dependants. This visa was granted in early February.
Given the gap from when my visiting visa expired to the time new application was made is within the 28 days grace. Could someone advise me if HO will see that as a brake in my 10 years long residence please?
Many thanks in advance.
Re: 10 years long residence - Please help
Posted: Fri Dec 04, 2015 4:26 pm
by priscaltony
Am I being target here or something? Only my post get move from the forum all the time. Can someone explain please?
You mentioned that the previous post was communicated which I didn't see the complication but it was okay. Then my latest post is moved again, for what reason this time.
Re: 10 years long residence - Please help
Posted: Fri Dec 04, 2015 4:35 pm
by CR001
No, you are not being targeted, but have already been asked not to start new posts or multiple posts in different places, so the moderators have moved your post to here, as you already have a thread to keep it in one place with the full details of your case.
Re: 10 years long residence - Please help
Posted: Fri Dec 04, 2015 6:28 pm
by priscaltony
CR001 wrote:No, you are not being targeted, but have already been asked not to start new posts or multiple posts in different places, so the moderators have moved your post to here, as you already have a thread to keep it in one place with the full details of your case.
HiCR001
Thanks for clarifying, I was just wondering what was going on. Also to ensure that I haven't broken any rules hence the moving of my posts.
Many thanks all the same.
Apologies if you're offended in anyway by my last post.
Re: 10 years long residence application
Posted: Fri Dec 04, 2015 7:48 pm
by geriatrix
priscaltony wrote:Given the gap from when my visiting visa expired to the time new application was made is within the 28 days grace. Could someone advise me if HO will see that as a brake in my 10 years long residence please?
276B(v)
Re: 10 years long residence application
Posted: Sat Dec 26, 2015 10:53 pm
by priscaltony
priscaltony wrote:Advice please
I came in to UK on a visiting visa until December 2006 when my visiting visa expired; before my visiting visa expired I made a dependant of a HSMP holder application on my husband. This was rejected with a reason that, such visa application could not be made in the UK. Then in January 2007 (two weeks after our visiting visas had expired), my husband made an application to change his status to student visa and included us as his dependants. This visa was granted in early February.
Given the gap from when my visiting visa expired to the time new application was made is within the 28 days grace. Could someone advise me if HO will see that as a brake in my 10 years long residence please?
Many thanks in advance.
Hello wonderful people
I have just realised that it's more than 28days gap from when my visiting visa expired and when another dependent application was made.
Here is the full insight on my story to that point - I came in to UK on a visiting Visa that expired on 27 December 2006
I applied for HSMP dependent visa around Nov/Dec 2006. This was refused and returned before my visiting visa expired.
The reason for refusal is because there was no in country HSMP dependent application at the time.
We didn’t know what else to do and sorted for legal advices, but everyone was advising us to go and apply from my home country.
We were going to buy our flight tickets to go back home and apply from there, when we met this old solicitor who happened to be my husband friend. We told him our plight and he advised us that the only way is for my husband to go back to student, that way he will be able to change us to his dependents in the UK.
Together with my husband we made the application on 27 January 2007.
I am hoping to apply for ILR in June 2016. Should I be concerned given the date my visa expired and the date the application to change to a student dependent is two days more than the 28 days limit?
The forum invaluable advice will be highly appreciated. Thank you.
Re: 10 years long residence application
Posted: Sat Dec 26, 2015 11:03 pm
by vinny
priscaltony wrote:Should I be concerned given the date my visa expired and the date the application to change to a student dependent is two days more than the 28 days limit?
Yes, you should be concerned. Not satisfying the
rules is grounds for a refusal under
276D.
Re: 10 years long residence application
Posted: Sat Dec 26, 2015 11:13 pm
by priscaltony
vinny wrote:priscaltony wrote:Should I be concerned given the date my visa expired and the date the application to change to a student dependent is two days more than the 28 days limit?
Yes, you should be concerned. Not satisfying the
rules is grounds for a refusal under
276D.
At Vinny
Thank you for your quick response, any advice to survive this please?
Re: 10 years long residence - Please help
Posted: Sun Dec 27, 2015 12:16 am
by vinny
Don't apply too soon on the basis of
Long Residence until you are sure that all the requirements are met.