ILR based on 10yrs legal stay

heretic · Post by **heretic** » Mon Sep 17, 2007 2:41 pm

Hello all,

I will soon be eligible for ILR based on a legal stay of 10 yrs..........

It is a mixture of student visa, work permit and HSMP with no significant days out of UK i.e. max of probably just under a month once and 15 days or so on another occasion.......with a few of 3-7 days (hols in Europe).

I am guessing there is noting dramatic in all this and if I get an appointment with the HO, I should be able to get this done with out any issues. All I need to take with me is my passport the form filled up with the days out of the UK in detail and the Life in UK test result...........

Do you guys feel there are any holes in this or am i missing any obvious point.........

Appreciate any suggestions

Cheers...

avjones · Post by **avjones** » Wed Sep 19, 2007 9:58 am

Sounds fine - did you always have leave when you were away, was it contining leave until after you returned? Applications always made in time?

jes2jes · Post by **jes2jes** » Wed Sep 19, 2007 10:46 am

avjones wrote:Sounds fine - did you always have leave when you were away, was it contining leave until after you returned? Applications always made in time?

As Amanda said above, so long as all your leave as been up to scratch with no 'break in residency' then you should be fine.

Also, if all your stamps and stickers are in one passport then great, else carry all the passports that has this.
If you have all the above then, I believe you do not need anything else apart from the application form, LITUK Test Certificate and of course the fees!

All the best!

heretic · Post by **heretic** » Wed Sep 19, 2007 11:16 am

Amanda/Jes2 Jes......thanx for your replies..........

I have always had leave to enter when on a holiday............

although there is one issue or at least I feel this could be a potential issue.....

After I completed my first degree I joined a college for a master degree and things went wrong with the college........when i joined this course i did not anticipate that it would end up so............

I then transferred to another college and while I was in the course I was offered a job and transferred on to a work permit...........

The job was pressured and required me to do a professional qualification and thus the previous degree was never completed........the professional qulification was.

could this create a issue..............would these aspects be look in to?

Cheers

jes2jes · Post by **jes2jes** » Wed Sep 19, 2007 12:19 pm

heretic wrote:Amanda/Jes2 Jes......thanx for your replies..........

I have always had leave to enter when on a holiday............

although there is one issue or at least I feel this could be a potential issue.....

After I completed my first degree I joined a college for a master degree and things went wrong with the college........when i joined this course i did not anticipate that it would end up so............

I then transferred to another college and while I was in the course I was offered a job and transferred on to a work permit...........

The job was pressured and required me to do a professional qualification and thus the previous degree was never completed........the professional qulification was.

could this create a issue..............would these aspects be look in to?

Cheers

Well, the college going bust or whatever problem it had, had nothing to do with you. So long as you had leave and sort permission (which I believe you did with the work permit) would have no impact on your application.
Have you already made an appointment at the PEO or you are going to apply by post? If you have doubts, I will recommend you make a SAR request via SAB and see what is in your file. It always comes in handy

heretic · Post by **heretic** » Wed Sep 19, 2007 12:34 pm

Hi,

What is a SAR request via SAB..........Is there a sticky that I can read......

Also I was looking at all the extensions I have had and one of them was on port.......leave was expiring on the 31 Jan and I extended on the 5 Jan when I came back from holiday........

Also I noticed one of my extensions is stamped at 14 May when the visa expired on the 31 Mar...........I am sure this is a postal application I had made but cant find the letter form the HO......Will this be an issue

heretic · Post by **heretic** » Wed Sep 19, 2007 12:49 pm

Hi,

Did a search and got the details for SAR............cool bit of info

cheers mate.......

i shall be getting one of them................

Do i need to ask for any particular info or is it just simply

I understand, under the terms of the Data Protection Act 1998 (DPA) I have right of access to information concerning me.
I would therefore like to have a copy of all the personal data held on me by Immigration and Nationality Department.
I am enclosing a postal order for Â£10 and my details are:

most important aim of doing a SAR would be to find out why is there a gap of a month and 14 day between two stamps..........would i need to ask some thing in particular for this bit of info

jes2jes · Post by **jes2jes** » Wed Sep 19, 2007 12:56 pm

heretic wrote:Hi,

Did a search and got the details for SAR............cool bit of info

cheers mate.......

i shall be getting one of them................

Do i need to ask for any particular info or is it just simply

I understand, under the terms of the Data Protection Act 1998 (DPA) I have right of access to information concerning me.
I would therefore like to have a copy of all the personal data held on me by Immigration and Nationality Department.
I am enclosing a postal order for Â£10 and my details are:
most important aim of doing a SAR would be to find out why is there a gap of a month and 14 day between two stamps..........would i need to ask some thing in particular for this bit of info

I guess if you cannot find the letter and you do have the royal mail receipt then you would be fine but SAR file can tell you all these.
Also, a general request as above should suffice but you can ask for the following if you wish:

- Any case histories both paper and electronic
- Landing cards
- IO notes
- Application forms etc

Google the IND website sorry BIA and you would find the CW (Case Worker) notes on SAB. If you google this site, you would find a link I provided a while back to someone and what can be requested.

Your renewal at the port is not an issue since you still had leave but the gap with the May date is what you want to check before making the ILR application.

SYH · Post by **SYH** » Wed Sep 19, 2007 1:36 pm

heretic wrote:Hi,

Did a search and got the details for SAR............cool bit of info

cheers mate.......

i shall be getting one of them................

Do i need to ask for any particular info or is it just simply

I understand, under the terms of the Data Protection Act 1998 (DPA) I have right of access to information concerning me.
I would therefore like to have a copy of all the personal data held on me by Immigration and Nationality Department.
I am enclosing a postal order for Â£10 and my details are:
most important aim of doing a SAR would be to find out why is there a gap of a month and 14 day between two stamps..........would i need to ask some thing in particular for this bit of info

What stuff did you find interesting?
For me, I was surprised that they didn't keep a copy of my submitted payslips or any copies of other original documentation, they just documented on the letter a list of what I submitted.

In fact I requested SAR to get a copy of an employment offer, I submitted and lost but they didn't have it.

heretic · Post by **heretic** » Wed Sep 19, 2007 5:10 pm

SYH

No no.............interesting bit is that I have learnt that I can do a SAR.......... will do it in a day or two

jes2jes

I was reading up this post re the details on SAR, where raniwza mentions

I have all of the paperwork prepared fro the BIG day for me yesterday (ALL evidences are prepared). I obtained letters confirming my attendances, from colleges, universities and boarding school. Even letters from employers to confirm that I am in line with Home Office previous visas, not to mention the degree certificates (prove of prgresses) and support letters with strong bank statements and payslips of my husband's and mine (on temporary work). This on top, reference letters from British and permanent resident families I used to live (character references). I have my auties and uncles in London as referees too.

The form 'Set O' does not ask for any of this...............letters confirming attendance from colleges and unis and letters from employers...........or is this normal stuff which even if not requested need to be submitted?

VictoriaS · Post by **VictoriaS** » Wed Sep 19, 2007 5:34 pm

That depends. You have, in effect, go a break in residency, but you are not going to be able to see what further docs you need until you see your Home Office file.

Victoria

heretic · Post by **heretic** » Wed Sep 19, 2007 6:04 pm

VictoriaS....
Hi
When you say I have in effect a break in my residency - is this because of the visa expiry date of 31 Mar and next stamp dates 14 May the same year.........?

Do the BIA leave it to the applicant to decide what papers they should bring with them for say a PEO(premium service application).......

What papers do people generally carry with them in such cases..........for me getting attendance records for a college that I attended 5-7 years ago is nearly impossible........

VictoriaS · Post by **VictoriaS** » Wed Sep 19, 2007 6:12 pm

heretic wrote: When you say I have in effect a break in my residency - is this because of the visa expiry date of 31 Mar and next stamp dates 14 May the same year.........?

That is it exactly.

heretic wrote: Do the BIA leave it to the applicant to decide what papers they should bring with them for say a PEO(premium service application).......

The PEO is only for the most straight forward cases, so you should only use it if the HO computerised records on your file show there was no break. If they are inconclusive, the use the post.

heretic wrote: What papers do people generally carry with them in such cases..........for me getting attendance records for a college that I attended 5-7 years ago is nearly impossible........

If you would like a consultation on this, please PM me.

Victoria

magsi23 · Post by **magsi23** » Wed Sep 19, 2007 7:27 pm

VictoriaS wrote:
heretic wrote: When you say I have in effect a break in my residency - is this because of the visa expiry date of 31 Mar and next stamp dates 14 May the same year.........?

That is it exactly.

heretic wrote: Do the BIA leave it to the applicant to decide what papers they should bring with them for say a PEO(premium service application).......
The PEO is only for the most straight forward cases, so you should only use it if the HO computerised records on your file show there was no break. If they are inconclusive, the use the post.

heretic wrote: What papers do people generally carry with them in such cases..........for me getting attendance records for a college that I attended 5-7 years ago is nearly impossible........
If you would like a consultation on this, please PM me.

Victoria

Can you please explain bit more if u dont mind? If student visa was to expire on 31st March, i sent application for student extension on 15th March.
I get my passport back on 10th April with student visa extension granted on 8th April, would that be break? I dont think so

heretic · Post by **heretic** » Wed Sep 19, 2007 10:36 pm

magsi23
that is what I would think..............how is that a break - I am going to do a SAR and see what HO have with them especially for this extension........and go from there

I would be really unfair if this was treated as a break..........

avjones · Post by **avjones** » Wed Sep 19, 2007 11:12 pm

If you apply before the expiry, and then are granted the leave again (or a different leave) then there isn't a break. Which is why an SAR is useful, to find out what the HO thinks of the gaps.

magsi23 · Post by **magsi23** » Thu Sep 20, 2007 10:42 pm

heretic wrote:magsi23
that is what I would think..............how is that a break - I am going to do a SAR and see what HO have with them especially for this extension........and go from there

I would be really unfair if this was treated as a break..........

Yeh, its as if HO are looking for an excuse to not give you ILR

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR based on 10yrs legal stay

ILR based on 10yrs legal stay