SET (LR) online application submitted early

[ravin001]

Hi all,

I went though the forum and couldn't find any question related to SET (LR) application submitted early.

I came to UK on 15th Oct 2009 to which visa was issued on 30th Sept 2009. I have submitted my online SET (LR) application on 27th August and took super priority appointment on 18th Sept 2019

I assumed the super priority appointment date should be within 28 days of my 10years completion but after looking at the application form I have downloaded I realized the application date on it is 27th August which out side of my eligibility period here.

I have seen few posts here who were in same situation but applied though SET(M)/SET(O) category got visas as they are eligible based on application decision date. Does this applies to SET(LR) category as well? if not then can I get a refund if I withdraw my application and submit a fresh application as I am eligible now.


Any help or pointers are appreciated.

Thanks

[zimba]

As long as you are eligible on the day of your decion you will be fine

[dan883]

I assumed the super priority appointment date should be within 28 days of my 10years completion but after looking at the application form I have downloaded I realized the application date on it is 27th August which out side of my eligibility period here.

Thanks

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

https://www.gov.uk/long-residence/eligibility

Good Luck and keep updating

[CR001]

I assumed the super priority appointment date should be within 28 days of my 10years completion but after looking at the application form I have downloaded I realized the application date on it is 27th August which out side of my eligibility period here.

Thanks

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

https://www.gov.uk/long-residence/eligibility

Good Luck and keep updating

For those coming to the UK and NOT getting LLR (usually after overstaying) while in the UK, it starts from date of ENTRY to the UK and not the date visa was issued abroad.

[ravin001]

As long as you are eligible on the day of your decion you will be fine

Thanks for your reply Zimba.

I am bit worried. If you could able to point me to any link or refrence which says day of the decision shoould be fine would be really appreciated.

I got below link from one of your reply to other forum member but it is applicable for SET (O) application I think https://assets.publishing.service.gov.u ... -v18.0.pdf

[ravin001]

I assumed the super priority appointment date should be within 28 days of my 10years completion but after looking at the application form I have downloaded I realized the application date on it is 27th August which out side of my eligibility period here.

Thanks

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

https://www.gov.uk/long-residence/eligibility

Good Luck and keep updating

For those coming to the UK and NOT getting LLR (usually after overstaying) while in the UK, it starts from date of ENTRY to the UK and not the date visa was issued abroad.

Thanks for your reply CR001. I think my appoinement date is within 28days of my eligibilitity date (17th Sept 2019)

[zimba]

As long as you are eligible on the day of your decion you will be fine

Thanks for your reply Zimba.

I am bit worried. If you could able to point me to any link or refrence which says day of the decision shoould be fine would be really appreciated.

I got below link from one of your reply to other forum member but it is applicable for SET (O) application I think https://assets.publishing.service.gov.u ... -v18.0.pdf

It is based on the understanding of the rules and how section 3C works. If by the time of decision your visa is still valid, then you completed the lawful residence by the virtue of having valid visa till that day. If you apply in-time and your visa expires while waiting for a decision, section 3C kicks in and time spent under section 3C is lawful residence. So you do not need explicit confirmation from UKVI in a guide to see how this works.

[ravin001]

Thanks Zimba.

I am bit relaxed now.

[dan883]

For those coming to the UK and NOT getting LLR (usually after overstaying) while in the UK, it starts from date of ENTRY to the UK and not the date visa was issued abroad.

Source??

[CR001]

For those coming to the UK and NOT getting LLR (usually after overstaying) while in the UK, it starts from date of ENTRY to the UK and not the date visa was issued abroad.

Source??

The Immigration Rules para 276A which clearly state ILR LR is based on residence and living in the UK. Holding entry clearance and being in your home country is not residence in the UK.

https://www.gov.uk/guidance/immigration ... categories

Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D and 276ADE(1).
(a) “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
(iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.
(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain; or
(ii) temporary admission within section 11 of the 1971 Act (as previously in force), or immigration bail within section 11 of the 1971 Act, where leave to enter or remain is subsequently granted; or
(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
(c) ‘lived continuously’ and ‘living continuously’ mean ‘continuous residence’, except that paragraph 276A(a)(iv) shall not apply.