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Long Residence - rules and guidance wording
Posted: Wed Jul 10, 2024 9:17 am
by farawayTom
Hi there. I have made an application (super priority) under the basis of the V4.0 guidelines, around 2 weeks ago. It was shunted into a "complex circumstances" box and I was told I'd hear back in a around 2 months.
I had absences of around 700 days before 11th Apr, so I'm hoping this gets processed under the V4.0 guidelines rather than the newly released V5.0 guidelines. Is there any historical precedent about which version of the guidelines should apply in my application? I'm really worried I just wasted £4000...! Wondering if I have any shot at this working out.
Thanks,
Tom
Re: Long Residence - Contradicting rules and guidance wording
Posted: Wed Jul 10, 2024 9:50 am
by zimba
farawayTom wrote: ↑Wed Jul 10, 2024 9:17 am
Hi there. I have made an application (super priority) under the basis of the V4.0 guidelines, around 2 weeks ago. It was shunted into a "complex circumstances" box and I was told I'd hear back in a around 2 months.
I had absences of around 700 days before 11th Apr, so I'm hoping this gets processed under the V4.0 guidelines rather than the newly released V5.0 guidelines. Is there any historical precedent about which version of the guidelines should apply in my application? I'm really worried I just wasted £4000...! Wondering if I have any shot at this working out.
Thanks,
Tom
The recent UKVI update simply clarified the recent changes. You will fail the requirements if you have more than 548 days of absences before 11 April 2024
Re: Long Residence - Contradicting rules and guidance wording
Posted: Wed Jul 10, 2024 9:56 am
by farawayTom
The V4.0 guidance contained the line "for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit".
My 10 year period extended up until end of June 2024 (aka, beyond 11 April 2024), therefore this rule applied and there should be no 548 day limit for my 10 year period.
This line has been removed from the V5.0 guidance. This feels like a material change in policy, regardless of whether they call it a "clarification".
Re: Long Residence - rules and guidance wording
Posted: Wed Jul 10, 2024 10:07 am
by vinny
The V4.0 guidance with respect to the 548 days may have been badly written. But, unfortunately, I think
CR 2.2A was clear on its intention.
Re: Long Residence - Contradicting rules and guidance wording
Posted: Wed Jul 10, 2024 10:20 am
by zimba
farawayTom wrote: ↑Wed Jul 10, 2024 9:56 am
The V4.0 guidance contained the line "for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit".
My 10 year period extended up until end of June 2024 (aka, beyond 11 April 2024), therefore this rule applied and there should be no 548 day limit for my 10 year period.
This line has been removed from the V5.0 guidance. This feels like a material change in policy, regardless of whether they call it a "clarification".
It turns out that contradicted the long residence guide and the rules (the transitional arrangements put in place) and had to be clarified.
Re: Long Residence - rules and guidance wording
Posted: Wed Jul 10, 2024 10:41 am
by farawayTom
In light of the contradiction/lack of clarity, do you reckon that in the instance of a rejection I’m likely to have good grounds for a refund?
I also know of people who were approved with >548 days whilst the previous advice was active, so it feels very inconsistent to allow some and deny others. Guess I’ll still hold out some hope
Re: Long Residence - rules and guidance wording
Posted: Wed Jul 10, 2024 11:48 am
by zimba
farawayTom wrote: ↑Wed Jul 10, 2024 10:41 am
In light of the contradiction/lack of clarity, do you reckon that in the instance of a rejection I’m likely to have good grounds for a refund?
I also know of people who were approved with >548 days whilst the previous advice was active, so it feels very inconsistent to allow some and deny others. Guess I’ll still hold out some hope
An already-decided application is NOT eligible for any refunds. You have to withdraw your application before a decision is made, if you want a refund
Immigration and nationality refunds policy
Re: Long Residence - rules and guidance wording
Posted: Wed Jul 10, 2024 9:30 pm
by farawayTom
In some absolutely astounding news, my ILR was actually granted today, at 4PM! I imagine they will now go through a process of approving everyone who applied under the temporary unclear guidance (assuming all other things are in order).
Re: Long Residence - rules and guidance wording
Posted: Wed Jul 10, 2024 11:20 pm
by Polunychka
Congratulations!
I have a few questions since I’m also waiting (since June 5th):
1. When did you pay for your appointment?
2. When was your biometrics appointment?
3. Did you have any discretionary factors that reduced the limit to 548 days, such as COVID, medical treatment abroad, etc.?
4. Did you provide a record of your absences, like a spreadsheet?
5. Did you file any complaints or contact your MP, or did you just receive the email today?
Thank you so much and congratulations again!⬤
Re: Long Residence - rules and guidance wording
Posted: Thu Jul 11, 2024 12:52 am
by farawayTom
Polunychka wrote: ↑Wed Jul 10, 2024 11:20 pm
Congratulations!
I have a few questions since I’m also waiting (since June 5th):
1. When did you pay for your appointment?
2. When was your biometrics appointment?
3. Did you have any discretionary factors that reduced the limit to 548 days, such as COVID, medical treatment abroad, etc.?
4. Did you provide a record of your absences, like a spreadsheet?
5. Did you file any complaints or contact your MP, or did you just receive the email today?
Thank you so much and congratulations again!⬤
Thank you. Wishing you the best of luck with your application too.
1. Applied ~27th Jun, 2. Appt ~2nd July
3. None at all. Indeed, in my cover letter at the very top I stated something like ‘I have more than 548 days’ and also I had more than 180 days in a rolling window as well, which I also stated.
4. Yes, I had ~50 absences so I included a spreadsheet detailing all absences as well.
5. I did not, I was considering doing so if it took longer. I did however call the helpline today and asked them which immigration guidance I would be considered under, and they told me the one that was active when I applied. I doubt this impacted the application given it was just a couple hours before being granted, but you could try.
I hope your decision comes soon, and is positive. Best of luck. I’m going to try my hand at asking for the super purity refund too, but I won’t be too frustrated if that doesn’t work out. Do let me know if you have further questions.
Re: Long Residence - rules and guidance wording
Posted: Thu Jul 11, 2024 2:42 am
by zimba
farawayTom wrote: ↑Wed Jul 10, 2024 9:30 pm
In some absolutely astounding news, my ILR was actually granted today, at 4PM! I imagine they will now go through a process of approving everyone who applied under the temporary unclear guidance (assuming all other things are in order).
Excellent
It seems that they are exercising discretion for the errors they introduced themselves
Re: Long Residence - rules and guidance wording
Posted: Thu Jul 11, 2024 8:58 am
by Polunychka
farawayTom wrote: ↑Thu Jul 11, 2024 12:52 am
Polunychka wrote: ↑Wed Jul 10, 2024 11:20 pm
Congratulations!
I have a few questions since I’m also waiting (since June 5th):
1. When did you pay for your appointment?
2. When was your biometrics appointment?
3. Did you have any discretionary factors that reduced the limit to 548 days, such as COVID, medical treatment abroad, etc.?
4. Did you provide a record of your absences, like a spreadsheet?
5. Did you file any complaints or contact your MP, or did you just receive the email today?
Thank you so much and congratulations again!⬤
Thank you. Wishing you the best of luck with your application too.
1. Applied ~27th Jun, 2. Appt ~2nd July
3. None at all. Indeed, in my cover letter at the very top I stated something like ‘I have more than 548 days’ and also I had more than 180 days in a rolling window as well, which I also stated.
4. Yes, I had ~50 absences so I included a spreadsheet detailing all absences as well.
5. I did not, I was considering doing so if it took longer. I did however call the helpline today and asked them which immigration guidance I would be considered under, and they told me the one that was active when I applied. I doubt this impacted the application given it was just a couple hours before being granted, but you could try.
I hope your decision comes soon, and is positive. Best of luck. I’m going to try my hand at asking for the super purity refund too, but I won’t be too frustrated if that doesn’t work out. Do let me know if you have further questions.
Thank you so much! Very happy to hear that the HO is approving pending applications under the older rules.
Just one more question, when you received the complex application email, if you scroll to the bottom of the email does it say anything like Livset and then number and initials of your caseworker? If so, which Livset and initials was it sent from? Thank you!
Re: Long Residence - rules and guidance wording
Posted: Thu Jul 11, 2024 10:39 am
by farawayTom
Hi there, I’d rather not share that info as I don’t know how identifiable it is! Sorry!
Re: Long Residence - rules and guidance wording
Posted: Thu Jul 11, 2024 11:14 am
by Teksman
zimba wrote: ↑Thu Jul 11, 2024 2:42 am
farawayTom wrote: ↑Wed Jul 10, 2024 9:30 pm
In some absolutely astounding news, my ILR was actually granted today, at 4PM! I imagine they will now go through a process of approving everyone who applied under the temporary unclear guidance (assuming all other things are in order).
Excellent
It seems that they are exercising discretion for the errors they introduced themselves
Yes indeed. I'm in a forum of persons in similar situations that had their applications paused. The approvals are now flowing in since this morning.
Re: Long Residence - rules and guidance wording
Posted: Thu Jul 11, 2024 11:16 am
by Hope987
Teksman wrote: ↑Thu Jul 11, 2024 11:14 am
zimba wrote: ↑Thu Jul 11, 2024 2:42 am
farawayTom wrote: ↑Wed Jul 10, 2024 9:30 pm
In some absolutely astounding news, my ILR was actually granted today, at 4PM! I imagine they will now go through a process of approving everyone who applied under the temporary unclear guidance (assuming all other things are in order).
Excellent
It seems that they are exercising discretion for the errors they introduced themselves
Yes indeed. I'm in a forum of persons in similar situations that had their applications paused. The approvals are now flowing in since this morning.
Same here