10 years long residence applications

[mubasher]

Dear Friends,

I need your urgent response regarding 10 year long residency application, many thanks.

I first came to Uk on 12 May, 2005 and I would be eligible to apply for SET(LR) on 12 MAy, 2015 and could I apply 28 days before?

In the past 10 years, I have been out of the UK for only 3 months.

My latest Tier 4 leave was till 30/08/2014. I made an In-Time Tier 4 application on 28/08/2014 i.e 2 days before my leave expired. After 7 months, UKVI invited me for an interview but due to an accident I was unable to attend. I had sent them a letter form GP and UKVI rescheduled my interview date after 2 weeks. But I was still unable to attend and I had sent them one more letter from GP to reschedule the interview. I received the Automated Confirmation Email but this time UKVI did not write to me or reply to my email.

I thought they will reschedule my interview as the letter from GP clearly stated that I am not able to attend the interview. But UKVI did not send me any email or any communication if they have accepted my request or not apart from the automated acknowledgement email.

On 09 April, 2015 (the date on the refusal letter), UKVI sent me a refusal letter which I received on 15 April, 2015 on the following 2 grounds:

1: that I have spent more than 5 years on Degree level or Above.... which is not the case other wise I would not have obtained the CAS from a Highly trusted (Premium) institution. UKVI calculated the 5 year CAP wrongly (I can prove that by sending all my education certificates and degrees).

2: second refusal point was that I did not attend the interview without notifying UKVI... which I clearly did.... I have the all the emails as an evidence that I sent to UKVI regarding my interview to TMInterviewHub.gov.....

On the Refusal letter, it says that I have no right of appeal and no statutory right of appeal (what does statutory right of appeal means?) and also written Variation of Leave and decision to Remove but also written that if I want to make a fresh application in any other category, I can do so before my current leave expires.... but my current leave is already expired on 30/08/2014.

I have already submitted my SET (LR) application on 17/04/2015 which is 26 days before 12 may, 2015 as my Lawyer said that I can apply for long residency even though my previous Tier 4 application has been refused as I have 28 days after my refusal date (refusal date is 09 April, 2015)to apply for any other fresh application, in this case, SET(LR).

UKVI has already charged me £1,500 for the application fee... does it mean have UKVI accepted my SET(LR) application? and would they process it now?

I would really appreciate if someone can guide me that was I eligible to apply for SET(LR) application even though my previous Tier 4 application was rejected and I applied within 28 days after my refusal date? if I was not eligible, what should I do as I have already applied for the SET(LR)?

second thing is, If I want to challenge the Refusal of my Tier 4 application, what should I do as UKVI has not given me any right of appeal, I am not even sure if I am even allowed to go for Judicial Review?

Should I go for Pre action Protocol for Judicial review against the the UKBA decision even though I have already applied for SET(LR) application... what is the process for Pre Action Protocol and to which address should I send that or is there any email of UKBA, I can send this notice to?

I would be very grateful if some one can guide me about these matters, much appreciated.

Kindest regards

Mubi

[Zee ali]

Dear Friends,

I need your urgent response regarding 10 year long residency application, many thanks.

I first came to Uk on 12 May, 2005 and I would be eligible to apply for SET(LR) on 12 MAy, 2015 and could I apply 28 days before?

In the past 10 years, I have been out of the UK for only 3 months.

My latest Tier 4 leave was till 30/08/2014. I made an In-Time Tier 4 application on 28/08/2014 i.e 2 days before my leave expired. After 7 months, UKVI invited me for an interview but due to an accident I was unable to attend. I had sent them a letter form GP and UKVI rescheduled my interview date after 2 weeks. But I was still unable to attend and I had sent them one more letter from GP to reschedule the interview. I received the Automated Confirmation Email but this time UKVI did not write to me or reply to my email.

I thought they will reschedule my interview as the letter from GP clearly stated that I am not able to attend the interview. But UKVI did not send me any email or any communication if they have accepted my request or not apart from the automated acknowledgement email.

On 09 April, 2015 (the date on the refusal letter), UKVI sent me a refusal letter which I received on 15 April, 2015 on the following 2 grounds:

1: that I have spent more than 5 years on Degree level or Above.... which is not the case other wise I would not have obtained the CAS from a Highly trusted (Premium) institution. UKVI calculated the 5 year CAP wrongly (I can prove that by sending all my education certificates and degrees).

2: second refusal point was that I did not attend the interview without notifying UKVI... which I clearly did.... I have the all the emails as an evidence that I sent to UKVI regarding my interview to TMInterviewHub.gov.....

On the Refusal letter, it says that I have no right of appeal and no statutory right of appeal (what does statutory right of appeal means?) and also written Variation of Leave and decision to Remove but also written that if I want to make a fresh application in any other category, I can do so before my current leave expires.... but my current leave is already expired on 30/08/2014.

I have already submitted my SET (LR) application on 17/04/2015 which is 26 days before 12 may, 2015 as my Lawyer said that I can apply for long residency even though my previous Tier 4 application has been refused as I have 28 days after my refusal date (refusal date is 09 April, 2015)to apply for any other fresh application, in this case, SET(LR).

UKVI has already charged me £1,500 for the application fee... does it mean have UKVI accepted my SET(LR) application? and would they process it now?

I would really appreciate if someone can guide me that was I eligible to apply for SET(LR) application even though my previous Tier 4 application was rejected and I applied within 28 days after my refusal date? if I was not eligible, what should I do as I have already applied for the SET(LR)?

second thing is, If I want to challenge the Refusal of my Tier 4 application, what should I do as UKVI has not given me any right of appeal, I am not even sure if I am even allowed to go for Judicial Review?

Should I go for Pre action Protocol for Judicial review against the the UKBA decision even though I have already applied for SET(LR) application... what is the process for Pre Action Protocol and to which address should I send that or is there any email of UKBA, I can send this notice to?

I would be very grateful if some one can guide me about these matters, much appreciated.

Kindest regards

Mubi

Forget about tier 4 and concentrate on set lr now. U will get ILR. Finger crossed

[sud315]

Mubi,

Yes I was going to say the same as Zee Ali.
Just forget Tier 4 and wait for their response on your ILR. You should receive acknowledgement letter soon.

Statutory right means legal right.
I believe your application is valid as you applied within the stated period of your refusal - 28 days or 10 days or whatever that's stated on that.
I'm afraid I don't know the answer to your second question.
Good luck!

[sud315]

Thank god I received the biometric letter today and did it today as well!!! (Updated the time line)
Its been a stressful 1 month even for that! Oh god!
So yes, its correct then the email comes first prior to the biometric letter!

[sud315]

Doesn't the time line go in date order?
I can see it's been in order until very late. Just the last ones are not.
Would some one be able to arrange the latest rows in time order please?
Thanks!!

[sud315]

Those who have received ILR,
was there an earnings requirement to it?
I have seen many students are applying/ applied. so surely it is unfair to ask earnings from students?

If not, is there an earnings requirement for dependants?
I'm sure I've seen £18600 on this thread or somewhere. Is that it?
But if dependants are not in the Uk, not been earning how to fulfil that?
Is savings sufficient?

Or is this 18600 requirement when dependants qualify to apply for ILR themselves, under 5-10 year rule?
And not required for the visa as dependant of settled person (under Set M .. or whatever set!)

Sorry I'm just enquiring as I'm stressing thinking even if my ILR work, my partner may not be able to get in
Thanks in advance

[Omor4real]

Thanks Omor4real...

Please which other requirements are you advising me on...

My husband will be 10 years in June... He has only traveled out the UK for 6weeks in total till date, 3 weeks in 2007 and another 3 weeks in 2013.
Never had any problem extending his visa until date, except in 2009, he has always use the same day service (PEO) till date.
When he attend this day in 2009, the caseworker requested one document from the university before he can make decision so he was asked to provide it within 5days which he actually got it the next day and post it to them as instructed but the home office didn't return his visa until almost 5month, which was approved anyway.

No any problem with the police... Please what do you guys advise?

Benny you,ve just mention the requirement he does not have gap, no criminal convictions and he hasn't be outside of the UK for than allowed.

[Omor4real]

Those who have received ILR,
was there an earnings requirement to it?
I have seen many students are applying/ applied. so surely it is unfair to ask earnings from students?

If not, is there an earnings requirement for dependants?
I'm sure I've seen £18600 on this thread or somewhere. Is that it?
But if dependants are not in the Uk, not been earning how to fulfil that?
Is savings sufficient?

Or is this 18600 requirement when dependants qualify to apply for ILR themselves, under 5-10 year rule?
And not required for the visa as dependant of settled person (under Set M .. or whatever set!)

Sorry I'm just enquiring as I'm stressing thinking even if my ILR work, my partner may not be able to get in
Thanks in advance

there is no earning requirement to obtain residence under long residence, but you need to show earnings of 18600 for your dependant using form flr(m).

However people that can't meet this earnings normally use form flr(fp), and the application will be base on either the dependant private life or as parent of a british child i.e if you have register your children after your ilr.

As you request about dependent not in UK am afraid you will have to earn that money, savings also count check the guidance. Also note the more the dependant the more money you have to show.

[peace74098]

Hi friends,
Thanks to Almighty Allah... I have got indefinite today through premium service. Surprising Glasgow center was not busy there were only 3 people waiting before me. I got visa in two and an half hours and BRP will arrive in next 7 working days. I advise all of you that go through premium service i know its extra £400 but premium service is worth it ........ I wish all of u good luck.... Regards

[Na74]

Hi friends,
Thanks to Almighty Allah... I have got indefinite today through premium service. Surprising Glasgow center was not busy there were only 3 people waiting before me. I got visa in two and an half hours and BRP will arrive in next 7 working days. I advise all of you that go through premium service i know its extra £400 but premium service is worth it ........ I wish all of u good luck.... Regards

Congratulations.
Same as liverpool, there were only two before me. It was very quiet and lonely.

[imikhan]

Congrats peace74098 & Na74 for obtaining the ilr. mine is on 30thapril at croydon. i am hoping i will be the next person to get the greetings from you guys Inshallah.
peace74098...... what did u answer to the question that what ties do u have with your home country and or any other country u lived more than 5 year. could you answer me exactly what u wrote there and did they ask u any questions at all???????

[rzbca]

Hi friends,
Thanks to Almighty Allah... I have got indefinite today through premium service. Surprising Glasgow center was not busy there were only 3 people waiting before me. I got visa in two and an half hours and BRP will arrive in next 7 working days. I advise all of you that go through premium service i know its extra £400 but premium service is worth it ........ I wish all of u good luck.... Regards

Congratulation peace74098, could you please share your whole experience including any question they have asked you? I am going next week.pray for me.Thanks

Regards

Rzbca

[M2013]

Hi, hapoo! Hi, my mates!
I received my ILR (documents) today!!!!!! The decision date is 22/04/2015, but documents has been returned 2 days later on 24/04/2015.
Hapoo, fingers crossed u are the next one!
I want to thank all the supporters, advisers and this forum members for everything! A great forum! Thank you!!

Hi,

it was 23/04/15 and i received the email on the same day you received it 31/03/2015 so neck to neck

[hapoo]

WOW. Congratulation . I'm still waiting and bit nervous .

Hi, hapoo! Hi, my mates!
I received my ILR (documents) today!!!!!! The decision date is 22/04/2015, but documents has been returned 2 days later on 24/04/2015.
Hapoo, fingers crossed u are the next one!
I want to thank all the supporters, advisers and this forum members for everything! A great forum! Thank you!!

Hi,

it was 23/04/15 and i received the email on the same day you received it 31/03/2015 so neck to neck

[longresident85]

Dear All,

Thank you for such a great blog.

I have been reading this every now and then to seek guidance.

Time is coming soon, when I'll apply for ILR (LR) in last week of August 2015.

My circumstances are as follows:

1. Came to UK in 2005 - Study Visa - Completed BSc in 2009
2. PSW - 2009 to 2011
3. In 2010, I started a business which went bust and I ended up in a lot of debt (£40k approx). Received a CCJ by one creditor, I owed them around £2,000. Later I made IVA (Individual Voluntary Arrangement) with all creditors including the creditor who obtained CCJ. That's all been fine since then, payments are up to date and IVA status is 'satisfied'. IVA is due to finish in 2016.
4. In 2011, switched from PSW to Tier 4, for a Masters. Successfully completed that.
5. in 2013, started PhD which is due to finish end of 2016. Visa Valid until Feb 2017.
6. 10 Years will reach in August/September 2015.

Kindly advice:
A. How will my case be like? Chances of success?
B. Will CCJ and IVA effect the application in anyway?
C. Should post the application or use the newly started Same Day Premium Service?
D. Should I spend money to hire a lawyer or just apply by myself?

Thanks a million in advance for your expert suggestions.

Kind regards,
Your Friend

[longresident85]

Also, can anyone guide how can access timeline excel sheet?

Many thanks

[M2013]

Please here

Dear All,

Thank you for such a great blog.

I have been reading this every now and then to seek guidance.

Time is coming soon, when I'll apply for ILR (LR) in last week of August 2015.

My circumstances are as follows:

1. Came to UK in 2005 - Study Visa - Completed BSc in 2009
2. PSW - 2009 to 2011
3. In 2010, I started a business which went bust and I ended up in a lot of debt (£40k approx). Received a CCJ by one creditor, I owed them around £2,000. Later I made IVA (Individual Voluntary Arrangement) with all creditors including the creditor who obtained CCJ. That's all been fine since then, payments are up to date and IVA status is 'satisfied'. IVA is due to finish in 2016.
4. In 2011, switched from PSW to Tier 4, for a Masters. Successfully completed that.
5. in 2013, started PhD which is due to finish end of 2016. Visa Valid until Feb 2017.
6. 10 Years will reach in August/September 2015.

Kindly advice:
A. How will my case be like? Chances of success?
B. Will CCJ and IVA effect the application in anyway?
C. Should post the application or use the newly started Same Day Premium Service?
D. Should I spend money to hire a lawyer or just apply by myself?

Thanks a million in advance for your expert suggestions.

Kind regards,
Your Friend

[longresident85]

Thanks M2013.

This sheet looks really helpful.

It appears to be read only file. Is there anyway I can download it. I'm planning to do some analysis and do charts on it. Will share with everyone here.

Regards

Please here

Dear All,

Thank you for such a great blog.

I have been reading this every now and then to seek guidance.

Time is coming soon, when I'll apply for ILR (LR) in last week of August 2015.

My circumstances are as follows:

1. Came to UK in 2005 - Study Visa - Completed BSc in 2009
2. PSW - 2009 to 2011
3. In 2010, I started a business which went bust and I ended up in a lot of debt (£40k approx). Received a CCJ by one creditor, I owed them around £2,000. Later I made IVA (Individual Voluntary Arrangement) with all creditors including the creditor who obtained CCJ. That's all been fine since then, payments are up to date and IVA status is 'satisfied'. IVA is due to finish in 2016.
4. In 2011, switched from PSW to Tier 4, for a Masters. Successfully completed that.
5. in 2013, started PhD which is due to finish end of 2016. Visa Valid until Feb 2017.
6. 10 Years will reach in August/September 2015.

Kindly advice:
A. How will my case be like? Chances of success?
B. Will CCJ and IVA effect the application in anyway?
C. Should post the application or use the newly started Same Day Premium Service?
D. Should I spend money to hire a lawyer or just apply by myself?

Thanks a million in advance for your expert suggestions.

Kind regards,
Your Friend

[greypanda]

Hi friends,
Thanks to Almighty Allah... I have got indefinite today through premium service. Surprising Glasgow center was not busy there were only 3 people waiting before me. I got visa in two and an half hours and BRP will arrive in next 7 working days. I advise all of you that go through premium service i know its extra £400 but premium service is worth it ........ I wish all of u good luck.... Regards

Congratulations.
Same as liverpool, there were only two before me. It was very quiet and lonely.

Hi,
I am glad that you have got your ILR congrats. However, could you please stop appreciating God and turning this forum into some sort of religious preaching place. Also, everyone have cut corners in 10 years while being here in the UK, (you know what I mean ... dodgy college extensions etc.). Enjoy but don't interpret it here as you got it because God wanted you to. If he wanted you to then he also wanted you to cut corners. Do you see what I mean?

[M2013]

Hi,
I am not a senior member of the forum, just a registered user, the same as you are.

Thanks M2013.

This sheet looks really helpful.

It appears to be read only file. Is there anyway I can download it. I'm planning to do some analysis and do charts on it. Will share with everyone here.

Regards

Please here

Dear All,

Thank you for such a great blog.

I have been reading this every now and then to seek guidance.

Time is coming soon, when I'll apply for ILR (LR) in last week of August 2015.

My circumstances are as follows:

1. Came to UK in 2005 - Study Visa - Completed BSc in 2009
2. PSW - 2009 to 2011
3. In 2010, I started a business which went bust and I ended up in a lot of debt (£40k approx). Received a CCJ by one creditor, I owed them around £2,000. Later I made IVA (Individual Voluntary Arrangement) with all creditors including the creditor who obtained CCJ. That's all been fine since then, payments are up to date and IVA status is 'satisfied'. IVA is due to finish in 2016.
4. In 2011, switched from PSW to Tier 4, for a Masters. Successfully completed that.
5. in 2013, started PhD which is due to finish end of 2016. Visa Valid until Feb 2017.
6. 10 Years will reach in August/September 2015.

Kindly advice:
A. How will my case be like? Chances of success?
B. Will CCJ and IVA effect the application in anyway?
C. Should post the application or use the newly started Same Day Premium Service?
D. Should I spend money to hire a lawyer or just apply by myself?

Thanks a million in advance for your expert suggestions.

Kind regards,
Your Friend

[NEEDY]

Hi
Guys I am in difficult situation and not getting the right advise. Confused that what to do? I was on student visa from 2005-2012 then 2012-2014 I was on PSW. My 10 years was completing on 1st week of April 2015. At the end of my PSW visa (Aug 2014) I had gap about 7months to complete 10 years. To cover up this gap I have decided to submit FLRO (M) which had been submitted in time. FLRO (M) refused in last week of Nov2014 with the right of appeal. Submitted the appeal and hearing date is 08jul 2015. 10 years has been completed on 1st week of April during the hearing date and as per the home office rule I am passing through the period of Section 3C.
Now my question is...can I submit new application as a ILR and withdraw the appeal or I have to attend the hearing and wait for the tribunal decision? please help...

[M2013]

Hi,
I wonder if the biometrics can be delivered on Saturday? I was waiting all Friday after I had received my documents back.
Please, if anybody before in this forum!

[SEL7]

Hi
Guys I am in difficult situation and not getting the right advise. Confused that what to do? I was on student visa from 2005-2012 then 2012-2014 I was on PSW. My 10 years was completing on 1st week of April 2015. At the end of my PSW visa (Aug 2014) I had gap about 7months to complete 10 years. To cover up this gap I have decided to submit FLRO (M) which had been submitted in time. FLRO (M) refused in last week of Nov2014 with the right of appeal. Submitted the appeal and hearing date is 08jul 2015. 10 years has been completed on 1st week of April during the hearing date and as per the home office rule I am passing through the period of Section 3C.
Now my question is...can I submit new application as a ILR and withdraw the appeal or I have to attend the hearing and wait for the tribunal decision? please help...

Hi NEEDY
I am exactly in a situation as yours except that i made my application on the first week April and acknowledgement of my application was received on the 20th April. I used a lawyer for my application. The advise I received was to drop my appeal case at the tribunal. I was told I stood a better chance with the ILR especially that I met all the requirements. Anyone would want an ILR anyway!!! If you decide to withdraw your case from the tribunal just make sure you withdraw your case first before submitting a new application, and it must be done within 28 days. My solicitor actually withdraw the case by both email and fax and on the same day made the new application. I think you are better off to wait for the confirmation letter from the tribunal that your case have been withdrawn before making a new application. I am a newbie here but I am sure experts on this forum are better position to advise you properly on your way forward. I wish you well.

[smir]

f you withdraw appeal you are overstayer

Still you can make fresh ILR application in 28 days

But in case may Allah not and HO become naughty and refuse you then no right if appeal

So be careful

Best is soon after 1 April inform Tribunal and HO appeal officer that you finished 10 years and will maintain that you qualify for ILR

May be that HO withdraw appeal or judge in court tell HO to reconsider the case

Hi
Guys I am in difficult situation and not getting the right advise. Confused that what to do? I was on student visa from 2005-2012 then 2012-2014 I was on PSW. My 10 years was completing on 1st week of April 2015. At the end of my PSW visa (Aug 2014) I had gap about 7months to complete 10 years. To cover up this gap I have decided to submit FLRO (M) which had been submitted in time. FLRO (M) refused in last week of Nov2014 with the right of appeal. Submitted the appeal and hearing date is 08jul 2015. 10 years has been completed on 1st week of April during the hearing date and as per the home office rule I am passing through the period of Section 3C.
Now my question is...can I submit new application as a ILR and withdraw the appeal or I have to attend the hearing and wait for the tribunal decision? please help...

Hi NEEDY
I am exactly in a situation as yours except that i made my application on the first week April and acknowledgement of my application was received on the 20th April. I used a lawyer for my application. The advise I received was to drop my appeal case at the tribunal. I was told I stood a better chance with the ILR especially that I met all the requirements. Anyone would want an ILR anyway!!! If you decide to withdraw your case from the tribunal just make sure you withdraw your case first before submitting a new application, and it must be done within 28 days. My solicitor actually withdraw the case by both email and fax and on the same day made the new application. I think you are better off to wait for the confirmation letter from the tribunal that your case have been withdrawn before making a new application. I am a newbie here but I am sure experts on this forum are better position to advise you properly on your way forward. I wish you well.

[Jernifrmstudent2ilr]

Hello Guys,

I have a bad news to share.

After waiting for almost 5 months I have received my refusal.

The reason of refusal is that I have a gap of 37 days due to the payment issue.

My current Tier 1 Entrepreneur visa is valid till the end of 2016. But still I have been given a right of appeal.

My Immigration History according to the refusal letter:

* On 21 December 2004 you entered the UK on Student visa valid until 30 June 2007
*On 29 June 2007 you applied in time leave to remain as a student and were granted 29 June 2007 to 30 Nov 2008.
*On 28 Nov 2008 you applied in time for leave to remain as student. You were initially granted on 16 Feb 2009. However you requested further time so you could attend your graduation ceremony. This was granted on June 2009 valid to 30 Nov 2009.
*On 28 Nov 2009 you applied in for leave to remain as a T4 General student. This was rejected on 09 March as no fee Paid.
( Basically the cheque i submitted with the application wasnt signed. Although i had enough funds in the account and i do have the bank statement to prove)
*On 16 April 2010 you applied 37 days out of time for leave to remain as T4 general student and were granted 08 June 2010 to 26 August 2011. ( The reason for the delay was that my college was de-listed so i had to find another sponsor which took bit longer. No college was ready to give me admission because i didnt had any valid leave to remain)

*On 13 July 2010 you re-entered the UK on the previous visa was reinstated until 26 August 2011
*on 09 September 2010 you applied in time leave to remain as T1 Post Study and were granted from 22 Sept 2010 to 22 Sept 2012.
*on 19 September 2012 you applied in time for leave to remain T1 Ent but were refused 08 March 2013 with a right of appeal. You lodged an appeal 21st March 2013 and appeal was allowed 18 September 2013 and the leave was granted till 25th Nov 2013.
*On 1st December 2014 you applied in time for indefinite leave to remail under 10 year Long residency.

We have considered your application for leave to remain and have refused, You human rights claim has therefore been refused. If you believes that we have made an error you can appeal on the First Tier Tribunal.

Need an expert Advise Please Help.

Thank in Advance.