ILR Long Residency or Work Permit?

magsi23 · Post by **magsi23** » Mon Apr 06, 2009 11:45 pm

Hi Guys

I am coming close to applying for ILR this august (would be based on LR) or i could wait until March 2010 and apply on WP bases?

My question is what do you guys suggest i should do? apply on LR based or WP Based? or does it really matter? anyone been in similar situation?
don't really have any gaps in my stay for past 10 years, i have had continuous stay in UK throughout, 5 years as student and WP since then

Just would like to get some opinions.

Many Thanks

Biggie · Post by **Biggie** » Tue Apr 07, 2009 9:13 am

Magsi23,

My opinion is if everything is in order apply in August through the long residence rule. The HO keeps changing things and you don't want to be caught up in a rule change.

Biggie.

magsi23 · Post by **magsi23** » Tue Apr 07, 2009 3:10 pm

Biggie wrote:Magsi23,

My opinion is if everything is in order apply in August through the long residence rule. The HO keeps changing things and you don't want to be caught up in a rule change.

Biggie.

I agree with you, was just thinking if WP based would be any better?

magsi23 · Post by **magsi23** » Tue Apr 07, 2009 3:26 pm

Just to add one more thing, I have 2 gaps on my extension of visa

Student visa from 18-09-99 to 31-07-03 sent application well on time for extension (no physical proof except that i remember 100%, 2 weeks in advance to be precise)

2nd student visa granted 05-08-03 to 31-01-2004 so there is a gap of 6 days

3rd student visa granted 11-02-06 to 30-04-06 again there is 11 days gap and again i sent the application on time but dont have any proof.

I want to ask someone had similar experience or senior moderators please try and help as i dont want to mess up anything.

many thanks

Biggie · Post by **Biggie** » Tue Apr 07, 2009 3:58 pm

Student visa from 18-09-99 to 31-07-03 sent application well on time for extension (no physical proof except that i remember 100%, 2 weeks in advance to be precise)

2nd student visa granted 05-08-03 to 31-01-2004 so there is a gap of 6 days

3rd student visa granted 11-02-06 to 30-04-06 again there is 11 days gap and again i sent the application on time but dont have any proof.

Simple answer to all this get your SAR file and that will help you. You have more than enough time from now to get the file sent out to you.

LR or WP its your decision but if l were in your shoes, l would prefer to have my ILR in my passport like yesterday!!!

Biggie.

magsi23 · Post by **magsi23** » Tue Apr 07, 2009 5:38 pm

The problem is its very unclear to me what SAR file would tell me, i have had a look at few threads on this forum and many people have said that they did not get the information they were looking for?

Does anyone know that, if it tells you when HO received the application for extension for sure? i mean the date they recieved the application etc?

Anyone?

Biggie · Post by **Biggie** » Tue Apr 07, 2009 7:00 pm

The problem is its very unclear to me what SAR file would tell me, i have had a look at few threads on this forum and many people have said that they did not get the information they were looking for?

True, but it works both ways some people in this forum have had all the info in the SAR, an investment of Â£10 is something l would go for to get the information.

magsi23 · Post by **magsi23** » Tue Apr 07, 2009 8:33 pm

Biggie wrote:
The problem is its very unclear to me what SAR file would tell me, i have had a look at few threads on this forum and many people have said that they did not get the information they were looking for?
True, but it works both ways some people in this forum have had all the info in the SAR, an investment of Â£10 is something l would go for to get the information.

and does it have any negative impact on the case? just because you are trying to get your SAR file?

Biggie · Post by **Biggie** » Tue Apr 07, 2009 9:29 pm

and does it have any negative impact on the case? just because you are trying to get your SAR file?

The case worker dealing with your application won't even know you have applied for an SAR file unless you use it to back up your case in your LR application.

magsi23 · Post by **magsi23** » Tue Apr 07, 2009 9:47 pm

Biggie wrote:
and does it have any negative impact on the case? just because you are trying to get your SAR file?
The case worker dealing with your application won't even know you have applied for an SAR file unless you use it to back up your case in your LR application.

Interesting, i should apply for it for sure, thanks biggie

tech · Post by **tech** » Tue Apr 07, 2009 10:42 pm

There are instances where request for SAR resulted in file being kept open intentionally or unintentionally. So if you go for permium same day service for ILR in august, if caseworker finds your file is open, you won't get an ILR on the same day and your case will be subject to long delays. This has happened in few cases. The caseworker wouldn't know why your file is open and hence won't able to make decision.

You have got few days gap in your date of visa which is no issue. Normally you would get acknowledgement letters from HO. any credit card statements showing the transaction should be fine.

But if your not certain, then go for SAR request. Please remember UK Visas only have expiry date and date of issue is not normally start date especially for extension application because you have made your application on time, you status automatically extended.

In your case 5 and 11 days indicate are perfectly normal small gaps.
Hope this helps.

magsi23 · Post by **magsi23** » Wed Apr 08, 2009 10:50 am

tech wrote:There are instances where request for SAR resulted in file being kept open intentionally or unintentionally. So if you go for permium same day service for ILR in august, if caseworker finds your file is open, you won't get an ILR on the same day and your case will be subject to long delays. This has happened in few cases. The caseworker wouldn't know why your file is open and hence won't able to make decision.

You have got few days gap in your date of visa which is no issue. Normally you would get acknowledgement letters from HO. any credit card statements showing the transaction should be fine.

But if your not certain, then go for SAR request. Please remember UK Visas only have expiry date and date of issue is not normally start date especially for extension application because you have made your application on time, you status automatically extended.

In your case 5 and 11 days indicate are perfectly normal small gaps.
Hope this helps.

oh well it is so confusing not sure what to do? i am getting mixed reactions, knowing HO they will not think twice to refuse if the gap is there specially when you have no proof that application was sent on time.

Any more suggestions from anyone?

tech · Post by **tech** » Thu Apr 09, 2009 7:51 pm

Normally as part of your application package, it is very imporatant to include a copy all the communcation received from HO from the date you have entered UK. This will help you to prove you have made application on time before visa expiry, caseworker dealt with your application etc which can be used effectively to check your status and make quick decision.

The payment processing centre team is the first one to log the actual application receipt date.This is will be official date while making decision.In case you made application in PEO, payment receipts (credit or debit cards ) will serves as solid evidence and should go in the application package.

If you haven't got anything to prove that you have made application on time. (like post office receipts or acknowledgement letter) then apply
SAR file to see what is has to say. It also as serves as evidence.
Hope this helps

magsi23 · Post by **magsi23** » Sat Apr 11, 2009 12:05 pm

Tech thx for your help
So if i apply for the ILR for same day service and for some reasons they are not able to make the decsion there and then, do you get the fees refunded or you can apply again on the same fees through the post?

or you loose your fees full stop?

does anyone know?

tech · Post by **tech** » Sat Apr 11, 2009 12:32 pm

Normally they will retain your documents and they will send their decision
and your documents by post.Postal timescales (6 months) will be applied while processng your application . No need to pay any additional fee.

magsi23 · Post by **magsi23** » Sat Apr 11, 2009 2:24 pm

tech wrote:Normally they will retain your documents and they will send their decision
and your documents by post.Postal timescales (6 months) will be applied while processng your application . No need to pay any additional fee.

I dont mind as long as they dont charge the fees again, nearly Â£1000 is a lot of money.

I just have 1 more question, although i am certain i am gonna apply based on 10 yr Long residency, i would like to show all my payslips, P60's, current work permit and employers letter, is that ok to do? or should i just follow 10 yr LR guidlines only?

out of 5 i have only 4 P60's and 1 seem to have been lost?

Biggie · Post by **Biggie** » Sat Apr 11, 2009 2:26 pm

i would like to show all my payslips, P60's, current work permit and employers letter, is that ok to do? or should i just follow 10 yr LR guidlines only?

Just give them what they need in the guidelines, do not offer information that is not required.

Biggie.

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ILR Long Residency or Work Permit?

ILR Long Residency or Work Permit?