ILR or Long Term Residency Question - Help Please.

[Coco Bryce]

Hello Folks, New here. Just have been doing some research, and stumbled on this fantastic Web Site.

I have a question.
I have applied for ILR or a Long Term Residency SET(O). I came to UK on a student Visa in 1994(1995 and 1996), then when finished school went back home for 3 months in 1996, and came back with a fresh Visa to go to Uni in Scotland, and overstayed since then till now, so I have applied on the grounds of 14 year rule, however, my lawyer recons that they might refuse because my stay was not continuous, but I have read and read the Paragraph 276B, and was sure that they might consider giving me ILR on the other points, i.e. 276B(ii), as in the guidelines it says that the Home Office will look at all the other points of my application form.
I have lived with the same partner here for 9 years!!! We are engaged, and I am very much a part of his family and have been for the last 9 years, I have been working since 96, never claimed benefits, never used a falls name, never got ASBO or such.... I have a Scottish Accent, can't speak my own/native language that much as well..... not sure if that's relevant
So my question is this. If 14 year Continuous rule does not satisfy the Secretary of State, but satisfies all the other ones i.e. 276B(ii) (a) to (iii), can they still Refuse? If yes, can I appeal on the Human Rights section 8?
And How long do these appeals take?
Many Thanks, and sorry if I am repeating any posts.
xxx

[Wanderer]

Might be easier to return home however difficult that might be and apply as an unmarried partner from there.

I know it's not what you wanted to hear but I'm sure it will be quicker and put and end to the wondering.

I think the 14 year rule apps are taking years to resolve but others will advise...

[ci07jjs]

Might be easier to return home however difficult that might be and apply as an unmarried partner from there.

I know it's not what you wanted to hear but I'm sure it will be quicker and put and end to the wondering.

I think the 14 year rule apps are taking years to resolve but others will advise...

Why blow the chance away when he is been here 14 years? as long he has all the documents put together he has a good chance I think.

[Siggi]

The Wanderer, is right it would far quicker and probably easier to return home and apply as a unmarried partner.

The Wanderer is talking from a position of a great deal of experience.
Not trying to blow anyone's chances.

[Frontier Mole]

Might be easier to return home however difficult that might be and apply as an unmarried partner from there.

I know it's not what you wanted to hear but I'm sure it will be quicker and put and end to the wondering.

I think the 14 year rule apps are taking years to resolve but others will advise...

Sorry to say this type of application is taking forever. Two years and more is not uncommon.

They have no priority due to the fact that the applicant has waited 14 years without legal status so what is a few more years going to matter. MP's letters or complaints are not going to speed it up either.

[Frontier Mole]

Be more inclined to go home GET MARRIED and apply for spouse visa. It is an easier route than unmarried partner. Given your immigration history there is still a risk you will get a refusal, despite what the immigration rules suggest.

I hate to say it but what country are you from as it does have an impact?

[salam123]

Hello Folks, New here. Just have been doing some research, and stumbled on this fantastic Web Site.

I have a question.
I have applied for ILR or a Long Term Residency SET(O). I came to UK on a student Visa in 1994(1995 and 1996), then when finished school went back home for 3 months in 1996, and came back with a fresh Visa to go to Uni in Scotland, and overstayed since then till now, so I have applied on the grounds of 14 year rule, however, my lawyer recons that they might refuse because my stay was not continuous, but I have read and read the Paragraph 276B, and was sure that they might consider giving me ILR on the other points, i.e. 276B(ii), as in the guidelines it says that the Home Office will look at all the other points of my application form.
I have lived with the same partner here for 9 years!!! We are engaged, and I am very much a part of his family and have been for the last 9 years, I have been working since 96, never claimed benefits, never used a falls name, never got ASBO or such.... I have a Scottish Accent, can't speak my own/native language that much as well..... not sure if that's relevant
So my question is this. If 14 year Continuous rule does not satisfy the Secretary of State, but satisfies all the other ones i.e. 276B(ii) (a) to (iii), can they still Refuse? If yes, can I appeal on the Human Rights section 8?
And How long do these appeals take?
Many Thanks, and sorry if I am repeating any posts.
xxx

i didn't get it...........on the other hand students buy fake certificates .......and here he overstayed........i am confused who's actually illegal.

[ci07jjs]

Hello Folks, New here. Just have been doing some research, and stumbled on this fantastic Web Site.

I have a question.
I have applied for ILR or a Long Term Residency SET(O). I came to UK on a student Visa in 1994(1995 and 1996), then when finished school went back home for 3 months in 1996, and came back with a fresh Visa to go to Uni in Scotland, and overstayed since then till now, so I have applied on the grounds of 14 year rule, however, my lawyer recons that they might refuse because my stay was not continuous, but I have read and read the Paragraph 276B, and was sure that they might consider giving me ILR on the other points, i.e. 276B(ii), as in the guidelines it says that the Home Office will look at all the other points of my application form.
I have lived with the same partner here for 9 years!!! We are engaged, and I am very much a part of his family and have been for the last 9 years, I have been working since 96, never claimed benefits, never used a falls name, never got ASBO or such.... I have a Scottish Accent, can't speak my own/native language that much as well..... not sure if that's relevant
So my question is this. If 14 year Continuous rule does not satisfy the Secretary of State, but satisfies all the other ones i.e. 276B(ii) (a) to (iii), can they still Refuse? If yes, can I appeal on the Human Rights section 8?
And How long do these appeals take?
Many Thanks, and sorry if I am repeating any posts.
xxx

i didn't get it...........on the other hand students buy fake certificates .......and here he overstayed........i am confused who's actually illegal.

If you are here 14 years illegally they you can apply for residency. search for long residence scheme on this forum

[sakura]

If you are here 14 years illegally they you can apply for residency. search for long residence scheme on this forum

The problem is that route could take anything up to three years - it is not uncommon. In the meantime the OP would not be able to leave the country, might find it difficult to get a job/change jobs (since she is an overstayer so technically isn't entitled to work, even if she has a pending application), and also would have no proof of status when using certian services (e.g. NHS).

The alternative suggested by FM and Wanderer is better - return home, get married and apply for a spouse visa (or, if not looking into marriage, get legal assistance and submit a very solid unmarried partner visa...but that is 50/50). With a spouse visa (or UMP visa), you can work, you have proof of legal status, you can travel the world and re-enter the UK with little to no hassles, and you get your ILR after two years (according to the current rules anyway).

And (still according to the current rules), you would be eligible for naturalisation a year after ILR (which, if the OP starts the procedures now, could make her a BC by 2012). With the 14-year rule, she is looking at a 2+ odd year wait for ILR, plus another three or so year wait for naturalisation (as she would need to fulfill the 'legal' residency part, which is three-five years).

Coco Bryce, when did you submit your application? If it was very recently, I would suggest looking into my advice above (although do seek legal advise first...I'm no professional), as the time-frame to legal residency could be much shorter.

[ci07jjs]

If you are here 14 years illegally they you can apply for residency. search for long residence scheme on this forum

The problem is that route could take anything up to three years - it is not uncommon. In the meantime the OP would not be able to leave the country, might find it difficult to get a job/change jobs (since she is an overstayer so technically isn't entitled to work, even if she has a pending application), and also would have no proof of status when using certian services (e.g. NHS).

The alternative suggested by FM and Wanderer is better - return home, get married and apply for a spouse visa (or, if not looking into marriage, get legal assistance and submit a very solid unmarried partner visa...but that is 50/50). With a spouse visa (or UMP visa), you can work, you have proof of legal status, you can travel the world and re-enter the UK with little to no hassles, and you get your ILR after two years (according to the current rules anyway).

And (still according to the current rules), you would be eligible for naturalisation a year after ILR (which, if the OP starts the procedures now, could make her a BC by 2012). With the 14-year rule, she is looking at a 2+ odd year wait for ILR, plus another three or so year wait for naturalisation (as she would need to fulfill the 'legal' residency part, which is three-five years).

Coco Bryce, when did you submit your application? If it was very recently, I would suggest looking into my advice above (although do seek legal advise first...I'm no professional), as the time-frame to legal residency could be much shorter.

good point. but if she leaves the country with the illegal status then there is a risk of getting banned for 10 years and won't be able to re-enter the country? or at the least going to be hard for any future applications?

[Wanderer]

If you are here 14 years illegally they you can apply for residency. search for long residence scheme on this forum

The problem is that route could take anything up to three years - it is not uncommon. In the meantime the OP would not be able to leave the country, might find it difficult to get a job/change jobs (since she is an overstayer so technically isn't entitled to work, even if she has a pending application), and also would have no proof of status when using certian services (e.g. NHS).

The alternative suggested by FM and Wanderer is better - return home, get married and apply for a spouse visa (or, if not looking into marriage, get legal assistance and submit a very solid unmarried partner visa...but that is 50/50). With a spouse visa (or UMP visa), you can work, you have proof of legal status, you can travel the world and re-enter the UK with little to no hassles, and you get your ILR after two years (according to the current rules anyway).

And (still according to the current rules), you would be eligible for naturalisation a year after ILR (which, if the OP starts the procedures now, could make her a BC by 2012). With the 14-year rule, she is looking at a 2+ odd year wait for ILR, plus another three or so year wait for naturalisation (as she would need to fulfill the 'legal' residency part, which is three-five years).

Coco Bryce, when did you submit your application? If it was very recently, I would suggest looking into my advice above (although do seek legal advise first...I'm no professional), as the time-frame to legal residency could be much shorter.

good point. but if she leaves the country with the illegal status then there is a risk of getting banned for 10 years and won't be able to re-enter the country? or at the least going to be hard for any future applications?

Should be ok - the bans shouldn't apply to spouses etc...

[Coco Bryce]

Thank you for all of your suggestions.
By the way we tried to go back to Ukraine to get married howerver I can't get married in Ukrain or here as I lived outside Ukraine for more than 5 years and letf when I was just 15 yrs old so never received a passport, but traveled here on Ukr travel Passport so it means that me and my partner had to live in Ukraine for goodness knows how many years, he can't speak Russian, neither do I any more beside the point we don't want to live in Ukraine we want to live here in UK, as all of our friends, lives are here, our family!!!

Waiting times - why did my lawer said to me that they take 70 working days to make their decision? Never said it would be 2 years?!!!
We are going for a Settlement in UK as well is that different than ILR?
Confussed.com!!!!?

[Coco Bryce]

Hello Folks, New here. Just have been doing some research, and stumbled on this fantastic Web Site.

I have a question.
I have applied for ILR or a Long Term Residency SET(O). I came to UK on a student Visa in 1994(1995 and 1996), then when finished school went back home for 3 months in 1996, and came back with a fresh Visa to go to Uni in Scotland, and overstayed since then till now, so I have applied on the grounds of 14 year rule, however, my lawyer recons that they might refuse because my stay was not continuous, but I have read and read the Paragraph 276B, and was sure that they might consider giving me ILR on the other points, i.e. 276B(ii), as in the guidelines it says that the Home Office will look at all the other points of my application form.
I have lived with the same partner here for 9 years!!! We are engaged, and I am very much a part of his family and have been for the last 9 years, I have been working since 96, never claimed benefits, never used a falls name, never got ASBO or such.... I have a Scottish Accent, can't speak my own/native language that much as well..... not sure if that's relevant
So my question is this. If 14 year Continuous rule does not satisfy the Secretary of State, but satisfies all the other ones i.e. 276B(ii) (a) to (iii), can they still Refuse? If yes, can I appeal on the Human Rights section 8?
And How long do these appeals take?
Many Thanks, and sorry if I am repeating any posts.
xxx

i didn't get it...........on the other hand students buy fake certificates .......and here he overstayed........i am confused who's actually illegal.

I did not have anything fake, I can assure you. I did want to go back home when I realised that my passport ran out, however, I met a guy, whom I have been ever since, Love at first site so i decided to stay here with him and never want to be seporated. As I said we do want to get married, but going to Ukraine is the worst thing ever as I would never could come back here Home - UK.

[Coco Bryce]

Might be easier to return home however difficult that might be and apply as an unmarried partner from there.

I know it's not what you wanted to hear but I'm sure it will be quicker and put and end to the wondering.

I think the 14 year rule apps are taking years to resolve but others will advise...

Why blow the chance away when he is been here 14 years? as long he has all the documents put together he has a good chance I think.

Yep got all my papers together in order, all present and correct. But I wanted to know if they could refuse on the fact that my visa was re-newed in 1996, so that would mean to HO that in fact I have been here 12 years, but all other boxes are ticked with regards to my carachter, the fact that I have always worked here and never scringed off the gorvement funds, I pay all my taxes, est... I have all papers to prove that, and the fact thta I was educated here as well.

[Frontier Mole]

I believe 14 year ILR rule can be a mix of legal and illegal.

[Wanderer]

A break does start the 14 year clock, re-reading I think u've applied too earlier - the earliest you can apply is 2010.

[Coco Bryce]

Yes I have been here since 1994, 1995, and 1996 legaly then my visa ran out in 1997, and I stayed here since then illegally till now. So that is what I am trying to find out - can the caseworker/Home Office refuse on the 14 year continiouse grounds and that's that. Or will they also take in to account that I have a steady job, I can look after myself, I am in a very steady 9 year relationship. Because I have read the points re how they make their decisions and in there it says that as long as ALL the points are met in paragraph 276 B, then they will not refuse, so in my case I think they will refuse because I do not qualify for the 14 year rule... confused or what?
Also I don't understand why my lawyer said it will take them 6 months to make their decision, not 2 years....
xx

[Wanderer]

Yes I have been here since 1994, 1995, and 1996 legaly then my visa ran out in 1997, and I stayed here since then illegally till now. So that is what I am trying to find out - can the caseworker/Home Office refuse on the 14 year continiouse grounds and that's that. Or will they also take in to account that I have a steady job, I can look after myself, I am in a very steady 9 year relationship. Because I have read the points re how they make their decisions and in there it says that as long as ALL the points are met in paragraph 276 B, then they will not refuse, so in my case I think they will refuse because I do not qualify for the 14 year rule... confused or what?
Also I don't understand why my lawyer said it will take them 6 months to make their decision, not 2 years....
xx

I still think ur best to apply from Ukr. a 14 year app at this stage may well have alerted the UKBA to ur presence and address and any sort of removal procedures at this stage will stop your 14 year clock in any case. FM will know...

You should be able to apply for a Ukr passport from the embassy or maybe they have some sort of emergency travel doc. I'm sure it's the best way really.

It's not going to be an easy road whichever way. If I where u I'd;

1. Return to UKr.

2. Marry ur partner in UKr

3. Apply for Spouse visa with all ur evidence.

I wouldn't marry in UK cos u need a CoA and applying for one of those will set the UKBA bells off, and better to apply as a spouse rather than an unmarried partner, just feels like a stronger app to be and they can't really refuse you at all. Unless u've used deception in the past, etc.

The alternative is waiting for ur 14 year app to be refused and the UK Border Force paying you a visit.

[sakura]

Thank you for all of your suggestions.
By the way we tried to go back to Ukraine to get married howerver I can't get married in Ukrain or here as I lived outside Ukraine for more than 5 years and letf when I was just 15 yrs old so never received a passport, but traveled here on Ukr travel Passport so it means that me and my partner had to live in Ukraine for goodness knows how many years, he can't speak Russian, neither do I any more beside the point we don't want to live in Ukraine we want to live here in UK, as all of our friends, lives are here, our family!!!

Waiting times - why did my lawer said to me that they take 70 working days to make their decision? Never said it would be 2 years?!!!
We are going for a Settlement in UK as well is that different than ILR?
Confussed.com!!!!?

I personally have never heard of any 14-year ILR being granted in less than 3 months. Normal ILR applications (settlement, work-related or the 10-year visa) certainly can take even just a day to decide, but 14-year applications seem to be stretched out as long as possible.

Again, if you wish to wait until a decision is made, that is your choice, but if you do a quick search for other posters who applied under the 14-year rule, you'll get a rough idea of how long it took them before a decision was made. Maybe for some it only took a year, maybe for others they waited 3 years. There are no timelines, really. Maybe go back to your solicitor and ask him/her for an honest opinion.

[mrlookforward]

Yes I have been here since 1994, 1995, and 1996 legaly then my visa ran out in 1997, and I stayed here since then illegally till now. So that is what I am trying to find out - can the caseworker/Home Office refuse on the 14 year continiouse grounds and that's that. Or will they also take in to account that I have a steady job, I can look after myself, I am in a very steady 9 year relationship. Because I have read the points re how they make their decisions and in there it says that as long as ALL the points are met in paragraph 276 B, then they will not refuse, so in my case I think they will refuse because I do not qualify for the 14 year rule... confused or what?
Also I don't understand why my lawyer said it will take them 6 months to make their decision, not 2 years....
xx

I still think ur best to apply from Ukr. a 14 year app at this stage may well have alerted the UKBA to ur presence and address and any sort of removal procedures at this stage will stop your 14 year clock in any case. FM will know...

You should be able to apply for a Ukr passport from the embassy or maybe they have some sort of emergency travel doc. I'm sure it's the best way really.

It's not going to be an easy road whichever way. If I where u I'd;

1. Return to UKr.

2. Marry ur partner in UKr

3. Apply for Spouse visa with all ur evidence.

I wouldn't marry in UK cos u need a CoA and applying for one of those will set the UKBA bells off, and better to apply as a spouse rather than an unmarried partner, just feels like a stronger app to be and they can't really refuse you at all. Unless u've used deception in the past, etc.

The alternative is waiting for ur 14 year app to be refused and the UK Border Force paying you a visit.

Wanderer can you pls tell what CLOCK will stop now? Clock only stops if you are served with is151a before your 14 yrs stay. she arrived in uk in 94 and never travelled out of country, has all the proofs of established a life here, ie her long term relationship etc. her application might take a very long time to decide, but they wont start any removal action. I agreee that going back home, getting married and then coming to uk with a spouse visa is a much quicker and easier option.