10 Year Route - Need Advice

[Holloway]

Hi All,

Hope you are well.

My Ten years (28 days eligibility) starts on 23rd December 2019. My Entrepreneur visa expires on 21st December 2019.

I have spoken to a solicitor who has advised that i can put in ten-year route application on 21st December 2019 and give biometrics after 23rd of December. This way my ten-year application should be processed.

Can someone please confirm if this is right?

Because i will have 2 days gap in between? Will i be classified as an overstayer?

Many thanks

[aman90]

If you make an “in time” application( submit application before valid visa expiry) your terms and conditions of the visa continue(3C protection) till a decision is taken on the new visa application.

You’ll be safe doing what the solicitor has advised

[Holloway]

Thank you Buddy. Fingers crossed. Hope it all goes well.

I need to do my life in the uk test tho?

[aman90]

I need to do my life in the uk test tho?

https://www.gov.uk/long-residence/eligibility

I wonder if there is an exasperated emoji.
Reading up on ur route to settlement is ur best friend.

https://assets.publishing.service.gov.u ... -v15_0.pdf

[marcnath]

Hi All,

Hope you are well.

My Ten years (28 days eligibility) starts on 23rd December 2019. My Entrepreneur visa expires on 21st December 2019.

I have spoken to a solicitor who has advised that i can put in ten-year route application on 21st December 2019 and give biometrics after 23rd of December. This way my ten-year application should be processed.

Can someone please confirm if this is right?

Because i will have 2 days gap in between? Will i be classified as an overstayer?

Many thanks

I would consider this approach risky.

The date of application is the date on which the online application is submitted

It is not the date of biometrics.

If HO strictly follows this, they can refuse your LR application.

The safer approach is to submit your visa extension/SET(O) application before 21st Dec (even if you don't include all necessary documents), then vary it to ILR (LR) on 23rd.

[zimba]

It is not a risk at all. You should be eligible on the day of the decision. That is because when you apply and visa expires, section 3c kicks in. So HO cannot refuse you given you would be eligible.

[Holloway]

okay - as per guidance it says

"Applications being considered more than 28 days before
the required qualifying period is completed
If you are considering an application more than 28 days before the applicant
completes the required qualifying period for long residence you must refuse. This is
because the applicant has not completed the required period of leave in the UK.
You must fully consider the case and mention any other reasons for refusal in
addition to the applicant not spending enough time in the UK to complete the
qualifying period. For example, all breaks in continuous residence.
Applicants who are refused under the long residence rules due to them submitting
their application too early can re-apply"

That means if the application is submitted on 21st, it will be refused straight away.

[zimba]

Yes but assuming the decision was also made on 21st
The confusion comes from poor understanding on the requirements and the concept of section 3C. If you are eligible on the day of decision, you will be granted visa. The idea that HO somehow ignores that you completed your lawful stay under Section 3C and strictly sticks to the date of the application is completely incorrect.

I suggest to read this part of the guide too:

Time the applicant has spent in the UK with 3C leave also counts towards lawful residence.
.
.
Both 3C and 3D leave count as existing leave to enter or remain in the UK, and therefore as lawful residence for the purpose of the 10 year long residence rule.

Also remember in a similar fashion, UKVI procedures allow you to vary a pending application to SET(LR). The date of such application remains the original date of the first application. If HO would stick to the original date as per procedures, anyone who varies his/her application to SET(LR) will have to be refused. This is obviously NOT the case because the date of the decision trumps the day of the application when it comes to calculating the lawful residence period

[seagul]

I haven't seen any case at very present but definitely seen a lot cases few years ago when UKBA (UKVI's previous name) used to return the application as invalid if someone is not eligible for the applied route on the date of application/paid incorrect fee/used wrong application form/didnt sign. And an invalid application doesnt gets section 3C despite resending the application within 28 days which is now 14 days is pardoned if thats the only one single occasion when it happens. In my opinion marcnath suggested approach is more safer despite whatever zimba is saying is also correct if that is the present trend/approach.

[zimba]

I haven't seen any case at very present but definitely seen a lot cases few years ago when UKBA (UKVI's previous name) used to return the application as invalid if someone is not eligible for the applied route on the date of application/paid incorrect fee/used wrong application form/didnt sign. And an invalid application doesnt gets section 3C despite resending the application within 28 days which is now 14 days is pardoned if thats the only one single occasion when it happens. In my opinion marcnath suggested approach is more safer despite whatever zimba is saying is also correct if that is the present trend/approach.

Invalid applications were more likely in the past because people made those mistakes when applying via the old postal route. The online procedure now removes pretty much most of the causes of application invalidity. The advice given by marcnath is not safer as I explained but surely is far more expensive as UKVI will not refund the IHS fees paid and you have to pay money for an extension that could take weeks to be refunded

[marcnath]

I agree with @Zimba that it is the date of decision that applies, not the date of application. So, if you complete 10 years on the date of decision, HO cannot refuse, irrespective of when you applied.

But remember that qualification of ILR is completion of 10 years, not completion of 28 days before 10 years.

So, if you apply more than 28 days before and the decision is made before you complete 10 years, then HO could refuse. The guidance clearly gives the CW flexibility to approve only if the application was made 28 days before as posted by @holloway.

With ILR (LR), decisions can be made quite quickly, hence the risk of refusal if you apply before 28 days.

[zimba]

HO will always exercise the 28 day concession. So long residence can in fact be granted without completing the 10 years as long as on the day of decision and considering the 28 day concession, the applicant is eligible otherwise

[aman90]

“You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.”
CW guidance, long residence.

indefinite-leave-to-remain/set-lr-appli ... 85408.html

[Holloway2]

Hi All

Thanks for your valuable input - sorry i had to create a new ID as i lost access to my old one.

I just need clarity on few points -

1 - As i submit my application on 19/20 Dec for 10 year route, even though my 10 year route complete on 23rd Dec ( 28 days start on 23rd) - This will not make my application invalid? for applying for a route which i am not eligible for on date of online application.

2 - Once i submit my online application - i am covered under 3C till the date of my appointment?

Thanks

[zimba]

NO it is not invalid. You will be protected under section 3C

[Holloway2]

Thank you Zimba for the confirmation.

Just a few more questions :
1) Should I quote section 3c in my cover letter? If yes, then which section of the guidance should I quote?
2) What documents shall I submit under the 10 yr route ILR?

(I am currently on Tier 1 Entrepreneur extension visa, so instead of applying for my ILR through entrepreneur route I will be applying under the 10 year ILR route)

Sincere apologies for my questions, I have read the 3C guidance but I just want to be sure rather than making assumptions.

Thanks

[zimba]

1) Should I quote section 3c in my cover letter? If yes, then which section of the guidance should I quote?

No.

2) What documents shall I submit under the 10 yr route ILR?

LIUK, Language evidence, all your passports

[Holloway2]

So none of those documents like 10 years worth of bank statements, utility bills, employment history documents etc are required?

Thank you!

[CR001]

So none of those documents like 10 years worth of bank statements, utility bills, employment history documents etc are required?

Thank you!

No! They are ONLY required if you do NOT have all passports covering the 10 years including the one you entered the UK with.

[Holloway2]

Hi,

Thank you for confirming that. I think I am simply being paranoid about this but it looks fairly straightforward.

So the following needs to be done:

1) I have 2 passports in total to cover the 10 yr period, so when submitting my documents all I need to do is scan all the pages of both these passports with exit entry stamps.

2) Scan and submit my life in the UK test document

3) Scan and submit my Masters degree for English language test

Just to confirm NO proof of past employment or present self-employment needs to be submitted for proof of income etc

Thanks

[Holloway2]

Hi All,

Quick Update and a question

Update: I just want to thank everyone who helped me prepare for my 10 yr ILR application recently and for entrepreneur extension in the past.

I was granted my ILR on 31st Dec 2019 through super priority service and this wouldn’t have been possible without your guidance. So thank you every single of one you for your help. Zimba and other senior members of the forum I cannot thank you enough for your guidance for all my applications.

My timeline :
28th Dec - Super priority appointment at Croydon (Documents submission including scan and biometrics)
31st Dec - 10:13 am - Decision email received from case worker stating leave has been granted.
11th Jan - Received BRP card after delivery issue with DX

Question : I still haven’t received my approval letter. How do I chase this up with UKVI? Do I need to chase this up because I’ve already received the BRP?

Thanks

[zimba]

Congratulations. There is no need for an approval letter and I am not sure even if it is sent out nowadays

[Holloway2]

Thank you Zimba, in the decision email the case worker didn’t say that they will send one out.