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When does 10 years lawful residence start

Posted: Mon Aug 14, 2017 5:12 pm
by Farrah
Hi,
Please for ILR application via 10 years long residence route, when does the 10 year qualifying period start?

Student Visa was issued outside UK on 02-Sep-2008
Arrived in UK for the first time on 19-Sep-2008.
Current visa expires 08-Aug-2018

I believe applications can be made up to 28 days before qualifying period is fulfilled, but this still leaves 2 weeks gap if qualifying period starts on day of first arrival to the UK.

If application is made on 05-Sep-2018 will it be considered valid on the basis that first visa was issued on 02-Sep-2008?
Thanks,
Farrah

Re: When does 10 years lawful residence start

Posted: Mon Aug 14, 2017 5:23 pm
by CR001
Arrived in UK for the first time on 19-Sep-2008.
For long residence ILR, it starts from the date you entered the UK. You must apply before your visa expires.

Re: When does 10 years lawful residence start

Posted: Mon Aug 14, 2017 5:23 pm
by zimba
The lawful residence under long residence start from the first date of entry to the UK which in your case is 19-Sep-2008.
You can only apply for SET(LR) if you are within 28 days or less from completing 10 years from the date above.

Re: When does 10 years lawful residence start

Posted: Mon Aug 14, 2017 7:48 pm
by Farrah
I just saw the error in my dates, I meant can application be made on 05-Aug-2018.

Re: When does 10 years lawful residence start

Posted: Mon Aug 14, 2017 8:02 pm
by Casa
Farrah wrote:I just saw the error in my dates, I meant can application be made on 05-Aug-2018.
No, as your qualifying period starts from your date of entry, and 5th August is more than 28 days before the 19th September 2018

Re: When does 10 years lawful residence start

Posted: Mon Aug 14, 2017 9:52 pm
by Harrybriggss
You can make a postal application on the day your current leave expires as It is most unlikely that it would be considered before you complete the relevant period or years. Furthrmore, you can send a cheque to buy time as a cheque takes about three days to clear.
Additionally, you should also go for the biometrics on the last day as your application would not be considered until you have done the biometrics.
Please note that Indefinte Leave can be granted if you have completed ten lawful years on the date your application is being considered despite the fact that it was sent earlier. The relevant date is the day the application is being considered. Some people on this forum have been successful using the above method. Search the forum properly.
Finally, even if your application where to be considered before completing the prescribed time (which is unlikely), you can reapply within 14 days of the rejection. The immigration rule allows this. Best wishes.