Applying for Indefinite Leave to Remain SET (LR) - 10-Year Continuous Residence

[pedexe90]

Hi everyone,

I have found answers to a lot of my questions on this forum for my previous visas, but I am now applying for my Indefinite Leave to Remain SET (LR) based on 10 Years of legal residence in the UK and I have three questions that need some clarification.

I would very much appreciate it if you could please shed some light on the following questions.

1) I was first granted a student visa on the 1st of January 2008 and moved to the UK on the 3rd of January. In 2012 I decided to extend my visa to study for my master's degree and my visa was refused. I, therefore, appealed the decision in 2012 and was eventually granted a visa months after my graduation in November 2013 valid until 9th of December 2013 (1 month) (waited for a year to receive my visa and documents).

My question is: have I broken the long legal residence considering that I was not on a visa for an entire year and if not do I need to provide any documentation regarding this gap or would they have that in their system?

2) In December 2013 (09.12.2013), I left the UK on last day of my visa and went to Turkey to apply for a Tier 4 Visa to comeback to the UK to do my second master's degree (MBA). I applied via the online application service. I submitted and paid for my application online on the 3rd of January 2014 (after 25 days), but attended my appointment at the VAC centre in Istanbul 2 weeks after in order to submit my documents as well as a print-out of my online application. I was granted a visa a week after and returned to the UK on 22nd of January (after 45 days absence).

My question is: have I broken the continuous residence period considering that I applied for the visa via the online service within 25 days but attended the visa appointment centre (VAC) 35 days after? or is the date application is the date of submission when its done online.

3) On 20th of November 2017 (two days ago), I booked an appointment online to attend the visa premium service on 2nd of January 2008, to submit my application for SET (LR).

My question is: am I correct in thinking that the qualifying period is calculated from the date when you submit your application at the premium service centre and not the day you book online regardless of the fact that I have paid the application fee online before reaching the 10-year qualifying period?

[zimba]

My question is: have I broken the long legal residence considering that I was not on a visa for an entire year and if not do I need to provide any documentation regarding this gap or would they have that in their system?

You were protected under section 3C.

My question is: have I broken the continuous residence period considering that I applied for the visa via the online service within 25 days but attended the visa appointment centre (VAC) 35 days after? or is the date application is the date of submission when its done online.

If you left with a valid visa and returned within 180 days, your continuous residence continues.

My question is: am I correct in thinking that the qualifying period is calculated from the date when you submit your application at the premium service centre and not the day you book online regardless of the fact that I have paid the application fee online before reaching the 10-year qualifying period?

On the day of ILR application you must be within 28 days of completing the 10 years. The 10 years period will be counted from the first date of entry to the UK.

[pedexe90]

Thank you very much Zimba88.

Would you please confirm whether I need to provide any evidence to prove that I was waiting to hear about my appeal within that year while I was waiting for my visa? or would they already know that?

Also, I left in the UK with a valid visa but I applied for a new visa from the outside of the UK. According to the UKBA "Continuous lawful residence is also not broken if the applicant leaves the UK after their valid leave has expired and successfully applies for entry clearance less than 28 days after their original grant of leave expired." But, my question is, considering that 1) I applied through the online application service on the 3rd of January 2014 (previous visa expired on the 9th of December so within 25 days), 2) subsequently attended an appointment at the visa appointment centre VAC on 15th of January exceeding the 28 days limit, in order to submit a copy of my online application and documents as well as getting my biometrics done.

would I still be protected by section 34G or is the date of application counted from the day my online application print-out was submitted at the VAC? This is the most confusing part for me.

And on the last point, I understand that on the day of ILR application you must be within 28 days of completing the 10 year, but is the day counted from the day I attend the visa premium service centre in Croydon or the day I have booked the appointment and paid the fees online?

[zimba]

Would you please confirm whether I need to provide any evidence to prove that I was waiting to hear about my appeal within that year while I was waiting for my visa? or would they already know that?

No evidence is required. HO has access to all that

would I still be protected by section 34G or is the date of application counted from the day my online application print-out was submitted at the VAC? This is the most confusing part for me.

This is not relevant to section 3C or 28 days rule. As I said above if you leave WITH A VALID VISA, you can get a new visa and return within 180 days without breaking the continuous residence.
28 days applies to people who left the country WITHOUT a valid visa.
Section 3C protects people who are applying for their application before expiry WITHIN the UK.

And on the last point, I understand that on the day of ILR application you must be within 28 days of completing the 10 year, but is the day counted from the day I attend the visa premium service centre in Croydon or the day I have booked the appointment and paid the fees online?

The date of application which is the day you go for the appointment The day you book an appointment has no relevance

[pedexe90]

Many thanks again for your reply I really do appreciate it. I swear this will be my last question. I am really anxious about this visa and want to be 100% sure that I understand your point.

My visa at the time was valid until 9th of December 2013 and I left exactly on that day. So, yes I left the UK with a valid visa but I applied for a new visa from outside the UK after my previous leave to remain was expired. Therefore, when I applied for a visa I did not have a valid visa as I did not extend it but made a fresh new application. Am I still protected by the category you are referring to?

According to the UKBA guidelines on page 22:
"https://www.gov.uk/government/uploads/s ... -v15.0.pdf"

For applications made after 24 November 2016,
The continuous period is maintained if the applicant:
 leaves the UK with valid leave, applies for entry clearance before their leave
expires, is granted and re-enters the UK using that entry clearance
 applies for new entry clearance within 14 days of their leave expiry date, one of
the circumstances below applies, their application is granted and they re-enter
the UK using that entry clearance.

Taking the above information into account, I left the UK on the final day of the validity of my visa and therefore when I applied for entry clearance my visa was expired even though I was not in the UK.

I AM CONFUSED!!!!!! PLEASE HELP ME

[CR001]

You are reading the link for PBS 5 year route ILR and NOT for 10 years long residence.

Long Residence Guidance (click)

[pedexe90]

You are reading the link for PBS 5 year route ILR and NOT for 10 years long residence.

Long Residence Guidance (click)

Thanks for your prompt reply.

So if I left the UK with a valid visa and applied from outside the UK while my previous visa was expired and returned to the UK. Does the 28-day apply to me?

I have asked this question from more than 5 solicitors and they were all 100% certain the 28-day period applies in my case but since I made an online application via the VAC, the date of application is considered to be when I submitted it online within 25 days.

But according to you this 28-day rule does not even apply to me considering that when I left the UK I had a valid visa regardless of it being expired while I was out of the UK and applying for a new visa?

I paid 3000 pounds to that solicitor (xxxxxxxxx), what a waste of money!!!!

[CR001]

Does the 28-day apply to me?

No!!

[zimba]

You are reading the link for PBS 5 year route ILR and NOT for 10 years long residence.

Long Residence Guidance (click)

Thanks for your prompt reply.

So if I left the UK with a valid visa and applied from outside the UK while my previous visa was expired and returned to the UK. Does the 28-day apply to me?

I have asked this question from more than 5 solicitors and they were all 100% certain the 28-day period applies in my case but since I made an online application via the VAC, the date of application is considered to be when I submitted it online within 25 days.

But according to you this 28-day rule does not even apply to me considering that when I left the UK I had a valid visa regardless of it being expired while I was out of the UK and applying for a new visa?

I paid 3000 pounds to that solicitor (xxxxxxxxx), what a waste of money!!!!

You have asked this question now 3 times and the answer is NOT GONNA CHANGE. 28 days rule ONLY AND ONLY applies to people who left without valid visa. READ the long residence guide.

Time spent outside the UK Continuous residence is not considered broken if the applicant:
• is absent from the UK for 6 months or less at any one time
• had existing leave to enter or remain when they left and when they returned – this can include leave gained at port when returning to the UK as a non-visa national
• departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months

[Mystarch89]

Pedexe90,

Apologies for bringing up an old post, just wondering how did your application went in the end?

Did everything went through alright as i am in the same similar boat with yourself.

Regards