Extension, 1 mon 20 days short on Hitting 10 years residency

[legalkhan]

Hello to all,
My question is specially for the Experienced members i.e Zimba, vinny and others.
My Entrepreneur extension is due on 8th october and will complete my 10 years on 28th of November. My question here is If I go for Extension and let the application processed 1st and with the help Of God get the extension along with one dependent and later on some where in December/ January I go for ILR based on long residency then it is definitely going to cost me a furtune. Would it be ok to apply for extension and vary the application even before get my biomatric done yet? 1204+1204+800+soilicitor fee would cost if I go only for extension but if I vary the application for ILR later on then I have to pay only 600 on top. Could any body advise what should I do in this situation? Your response will be highly appreciated.

[zimba]

You are eligible to apply for ILR 28 days before the 10 year is up. So if your 10 year completes on 28 Nov, you can apply on 1st Nov for ILR.
Apply for your extension by post before your visa expires and delay the biometrics as much as you can. I recommend you then vary the application at a PEO on 1st Nov for ILR and get it sorted on the same day.

[legalkhan]

Thank you Zimba for such a prompt response, you helped as usual, I really appreciate your help and always value your advise highly.

Thanks and God bless you.

[Legal83]

I have 5 days short of my 10 years, altogether 33 days if I add 28 days prior of 10 years. I seek advised from 2-3 experience solicitors, and what they suggested me to go for extension. don't take risk they might refuse your application bcz the date when you applied for 10 years, you were not eligible for it. so don't take risk at all. go for extension then 10 years.

[zimba]

I have 5 days short of my 10 years, altogether 33 days if I add 28 days prior of 10 years. I seek advised from 2-3 experience solicitors, and what they suggested me to go for extension. don't take risk they might refuse your application bcz the date when you applied for 10 years, you were not eligible for it. so don't take risk at all. go for extension then 10 years.

Why would HO do that ?? You can apply for ILR 28 days before your qualifying period completes. What would be the point of varying an application in the rules ??

[CR001]

I have 5 days short of my 10 years, altogether 33 days if I add 28 days prior of 10 years. I seek advised from 2-3 experience solicitors, and what they suggested me to go for extension. don't take risk they might refuse your application bcz the date when you applied for 10 years, you were not eligible for it. so don't take risk at all. go for extension then 10 years.

Why would HO do that ?? You can apply for ILR 28 days before your qualifying period completes. What would be the point of varying an application in the rules ??

This OP is 33 days short even taking into account the 28 days. There is no discretion for long residence ILR qualifying period. HO won't accept it if applying in person for ILR. Might be luck if applying by post for ILR.

[legalkhan]

@Legal83,
I have also talked to 3 barristers recently about the situation, according to them varying an application is a legal procedure/right and not something out of process but they advised me rather than applying in person, the best option would be to vary the application by post when only 28 days left n 10 years. Although still the H.O can stick to your extension application if they doubt any thing fishy about it but in most cases they don't just waste their resources and time to process both of your applications, extension and ILR.

[aliii]

@Legal83,
I have also talked to 3 barristers recently about the situation, according to them varying an application is a legal procedure/right and not something out of process but they advised me rather than applying in person, the best option would be to vary the application by post when only 28 days left n 10 years. Although still the H.O can stick to your extension application if they doubt any thing fishy about it but in most cases they don't just waste their resources and time to process both of your applications, extension and ILR.

If you vary the application and your current extension application is still under pending decesion. The extension application fee would be refunded or not? as Some individuals claim that they got their extension application fee refunded.

[legalkhan]

@aliii
I don't think you get any refund, when you vary the application if the fees of the pending application is more then you don't get any refund but if the fees of the pending application is less then you have to pay the difference, in our case it would be ££ 669 to be paid.

[legalkhan]

@Legal83
Could you please tell us what are u planning to do??? Did the solicitors told you to wait till your Entrepreneur extension is decided or did they say to apply once you actually hit 10 years no matter if the extension application is still in process??
OR

you want to say that 28 days doesn't apply to us because at the time we shall have no valid visa but only will have our stay under section 3C which doesn't permit us to apply 28 days before 10 years completion.

It is really very confusing that the ILR policy guidance clearly says that we can apply 28 days before 10 years completion unless it is for leave under section 3C. (which I don't know if true).

[Legal83]

1. 10 years guidence clearly mentioned that do not apply before 28 days of your 10 years completion, your application will be refused if you do so
2. as per as law it stated you must compete your 10 years lawfully at the time of decision but according to current ukba procedures or practice I don't think its a good idea to take a risk
3. I know the laws of application variations but If I do so it might take more then 6 months to decides due to complecation.
4. hopefully I will go for extension as I am genuine ent applicant and fullfiling all the extension requirements, if refused then I will go for 10 years under section 3c, if approved then no problem
5. Barristers & Solicitor will only say "SORRY" when your application rejected. UKBA guidence says everything what you need to know for extension.

[legalkhan]

Dear Legal83

1. 10 years guidence clearly mentioned that do not apply before 28 days of your 10 years completion, your application will be refused if you do so.

No where in the policy guidance it says you can't apply 28 days or less before you complete 10 years, on contrary it says (Long residence: version 13.0, 8th May 2015)


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 once they have completed their qualifying leave or up to
28 days before this.

Applications being considered 28 days or less before the required qualifying period
is completed
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.

I might be wrong or misinterpreted the information but wish to see your source of information where it clearly says you can't apply before 28 days or less.

As far as I know and according to my accountant, I should have no problem in extension too but as I have dependent and 1st getting extension and then ILR will cost me a fortune thats why I want to save some money by varying my application to ILR.

[Legal83]

Bro, to save my £4500 I spent nearly £200 to seek advice from different solicitors and barristers to finalize what to do, all of them recommended me to be on the safe side, apply for extension, then I can vary my application to ILR, but don't go or ILR because according to UKBA practice now a days, I will be giving them a valid reason to refuse my application, which I don't want to do after spending 10 yeas here.

I know If i apply for ILR, chances for win win is 80% but still there are 20% chances of refusal. after my extension I can go for same day service which avoid hassle.

Guidance and current practice of ukba is different things, if they refuse the application it will take me another 1 year. I have no issue or problem in extension requirements so I will go for extension first.

[legalkhan]

Dear friend my point was only to explain to the forum members that there is no such rule that prevent you from applying 28 days or less before your 10 years completion. And as far as the reason I will give H.O for varying my application is very clear " to save the overall cost"and I believe that's my right and under the rules.

I wish you best of luck in your application and ILR subsequently.

[Legal83]

read this please

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Page 16


you must not apply before 28 days of 10 years completion.

[legalkhan]

Dear Legal83
Please always read the guidance policy very carefully and also the posts by other forum members as well. If you scroll up you will find out that I have already quoted two paragraph from page no.16 from the same link you have provided. Let me do it again

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 once they have completed their qualifying leave or up to
28 days before this.
Explaination : If applicant submit an application when still there is (More than 28 days) i.e 29,2 months or year in 10 years completion then refuse his application. Here I am with you you can't submit an application more than 28 days before 10 years completion.

Applications being considered 28 days or less before the required qualifying period
is completed
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.
Explaination: If an applicant submit an application when still there is (28 or less days) i.e 27, 26 0r 2 days before his 10 years completion then allow his application provided all the other requirement fulfilled.

In short the link you have provided you yourself have only read the 1st paragraph but not the 2nd paragraph.
I have given both the paragraph please contemplate on them and you will find out what does it say.

I