Help with ILR 10 year long residence

[Addicted zoo]

Dear All,

I would really appreciate if someone could guide me with 10 year long residency application. I qualify for 10 year ILR next month, and am thinking to make an application myself as the solicitors are quite expensive.

I have spend 520 days outside no more than 6 months in one go and all my applications were on time.

1) after graduating from university I applied for PSW - which was refused because I didn't have required maintenance funds in my account. I went into appeal with 10 days and it took 2 months to get the date for hearing - my visa got approved as I showed them my international bank account statement.

So does this count as a break in the lawful residence? Or could I have any problem with my ILR application?

2) Secondly if someone can help me with the documents I have to send to make my application strong. How should I show my strength of connection to the U.K. ?
I am currently on student visa, not earning anything. My sister lives here on spouse visa, will it be wise to mention her presence.
Domestic circumstance, Compassionate circumstances, Any representation on person's behalf? What would these be if any? I am single


Cheers for your time and help.

[derlin]

Dear All,

I would really appreciate if someone could guide me with 10 year long residency application. I qualify for 10 year ILR next month, and am thinking to make an application myself as the solicitors are quite expensive.

I have spend 520 days outside no more than 6 months in one go and all my applications were on time.

1) after graduating from university I applied for PSW - which was refused because I didn't have required maintenance funds in my account. I went into appeal with 10 days and it took 2 months to get the date for hearing - my visa got approved as I showed them my international bank account statement.

So does this count as a break in the lawful residence? Or could I have any problem with my ILR application?

2) Secondly if someone can help me with the documents I have to send to make my application strong. How should I show my strength of connection to the U.K. ?
I am currently on student visa, not earning anything. My sister lives here on spouse visa, will it be wise to mention her presence.
Domestic circumstance, Compassionate circumstances, Any representation on person's behalf? What would these be if any? I am single


Cheers for your time and help.

So does this count as a break in the lawful residence? Or could I have any problem with my ILR application?

Based on the details you provided above, it doesn't amount to a break of continuous lawful residence. Because you appealed within 10 days from when your PSW application was refused, you are covered by Section 3D of the immigration Act of 1971. Also check your PSW application was made before your existing leave at the time expired.

2) Secondly if someone can help me with the documents I have to send to make my application strong. How should I show my strength of connection to the U.K. ?
I am currently on student visa, not earning anything. My sister lives here on spouse visa, will it be wise to mention her presence.
Domestic circumstance, Compassionate circumstances, Any representation on person's behalf? What would these be if any? I am single.

You must submit the following documents if you're applying for ILR based on the 10-year route:
1. All the passports you have held over the last 10 years.
2. Life in the UK test (pass result).
3. Biometric residence permit if you had been issued one.
4. Of course, filled application form.
Should you want to submit additional document, it's up to you. I like to keep things simple when possible. As a former successful ILR applicant, I only submitted document 1, 2, 4 & cover letter. The cover letter was meant to clarify errors in my passport & SAR file.

[Addicted zoo]

Thanks for your help Derlin! Bless you

[askyara]

Dear All,

I would really appreciate if someone could guide me with 10 year long residency application. I qualify for 10 year ILR next month, and am thinking to make an application myself as the solicitors are quite expensive.

I have spend 520 days outside no more than 6 months in one go and all my applications were on time.

1) after graduating from university I applied for PSW - which was refused because I didn't have required maintenance funds in my account. I went into appeal with 10 days and it took 2 months to get the date for hearing - my visa got approved as I showed them my international bank account statement.

So does this count as a break in the lawful residence? Or could I have any problem with my ILR application?

2) Secondly if someone can help me with the documents I have to send to make my application strong. How should I show my strength of connection to the U.K. ?
I am currently on student visa, not earning anything. My sister lives here on spouse visa, will it be wise to mention her presence.
Domestic circumstance, Compassionate circumstances, Any representation on person's behalf? What would these be if any? I am single


Cheers for your time and help.

So does this count as a break in the lawful residence? Or could I have any problem with my ILR application?

Based on the details you provided above, it doesn't amount to a break of continuous lawful residence. Because you appealed within 10 days from when your PSW application was refused, you are covered by Section 3D of the immigration Act of 1971. Also check your PSW application was made before your existing leave at the time expired.

2) Secondly if someone can help me with the documents I have to send to make my application strong. How should I show my strength of connection to the U.K. ?
I am currently on student visa, not earning anything. My sister lives here on spouse visa, will it be wise to mention her presence.
Domestic circumstance, Compassionate circumstances, Any representation on person's behalf? What would these be if any? I am single.

You must submit the following documents if you're applying for ILR based on the 10-year route:
1. All the passports you have held over the last 10 years.
2. Life in the UK test (pass result).
3. Biometric residence permit if you had been issued one.
4. Of course, filled application form.
Should you want to submit additional document, it's up to you. I like to keep things simple when possible. As a former successful ILR applicant, I only submitted document 1, 2, 4 & cover letter. The cover letter was meant to clarify errors in my passport & SAR file.

hi derlin

to apply ILR for a 10 years stay, are we not allow to do it at PEO? i am panic now,i thought it can be done in PEO, as a friend of mine ha done hers last december mine is shortly due..oh dear..

[Addicted zoo]

Hey askyara,

Even I was thinking all this while to apply it at PEO. It's a shame that they have stopped catering long residency ILR same day service.

I am due for it in may and what I see from here that it will take easily 4 months to get back our passports. Very disappointing!

[askyara]

Hey askyara,

Even I was thinking all this while to apply it at PEO. It's a shame that they have stopped catering long residency ILR same day service.

I am due for it in may and what I see from here that it will take easily 4 months to get back our passports. Very disappointing!

I thought all this while that i could go to PEO, untilthis afternoon, when i was reading an explanation from one of the gurus, and the guru sudden;y mention to me about it.I really panic. That is because, i havent send my ILR application form yet, and my dependant visa expires end of june. How is my hubby gonna get his dependant visa before my ILR been granted .

But the guru reply, i can post my ILR fom and FLR (M)together. or further more seek legal advice. I am having headache here.

[vinny]

i thought it can be done in PEO, as a friend of mine ha done hers last december mine is shortly due..oh dear..

I am surprised.

[derlin]

Dear All,

I would really appreciate if someone could guide me with 10 year long residency application. I qualify for 10 year ILR next month, and am thinking to make an application myself as the solicitors are quite expensive.

I have spend 520 days outside no more than 6 months in one go and all my applications were on time.

1) after graduating from university I applied for PSW - which was refused because I didn't have required maintenance funds in my account. I went into appeal with 10 days and it took 2 months to get the date for hearing - my visa got approved as I showed them my international bank account statement.

So does this count as a break in the lawful residence? Or could I have any problem with my ILR application?

2) Secondly if someone can help me with the documents I have to send to make my application strong. How should I show my strength of connection to the U.K. ?
I am currently on student visa, not earning anything. My sister lives here on spouse visa, will it be wise to mention her presence.
Domestic circumstance, Compassionate circumstances, Any representation on person's behalf? What would these be if any? I am single


Cheers for your time and help.

So does this count as a break in the lawful residence? Or could I have any problem with my ILR application?

Based on the details you provided above, it doesn't amount to a break of continuous lawful residence. Because you appealed within 10 days from when your PSW application was refused, you are covered by Section 3D of the immigration Act of 1971. Also check your PSW application was made before your existing leave at the time expired.

2) Secondly if someone can help me with the documents I have to send to make my application strong. How should I show my strength of connection to the U.K. ?
I am currently on student visa, not earning anything. My sister lives here on spouse visa, will it be wise to mention her presence.
Domestic circumstance, Compassionate circumstances, Any representation on person's behalf? What would these be if any? I am single.

You must submit the following documents if you're applying for ILR based on the 10-year route:
1. All the passports you have held over the last 10 years.
2. Life in the UK test (pass result).
3. Biometric residence permit if you had been issued one.
4. Of course, filled application form.
Should you want to submit additional document, it's up to you. I like to keep things simple when possible. As a former successful ILR applicant, I only submitted document 1, 2, 4 & cover letter. The cover letter was meant to clarify errors in my passport & SAR file.

hi derlin

to apply ILR for a 10 years stay, are we not allow to do it at PEO? i am panic now,i thought it can be done in PEO, as a friend of mine ha done hers last december mine is shortly due..oh dear..

The rule doesn't make it permissible to apply for ilr based on 10 years stay at PEO, unfortunately.

[ab2012]

Hi Derlin,

Thanks for your advice on the documents required.

Was your application approved based on the 4 documents you mentioned only?

why did you request the SAR? is it to refer to your absences over the 10-year period? and does the ASR include details of all absences (dates you left the UK and dates you returned to the UK)?

How long it took to get your ILR approved? and did you send yourself or through a solicitor?

Thanks.

[derlin]

Hi Derlin,

Thanks for your advice on the documents required.

Was your application approved based on the 4 documents you mentioned only?

why did you request the SAR? is it to refer to your absences over the 10-year period? and does the ASR include details of all absences (dates you left the UK and dates you returned to the UK)?

How long it took to get your ILR approved? and did you send yourself or through a solicitor?

Thanks.

My application was approved and successful based solely on the four documents.

I requested for SAR report for precautionary purposes. I wanted to know what the UKBA has on record about my immigration history. Applying for SAR played to my advantage. Read my post from this thread: http://www.immigrationboards.com/viewto ... start=2180

Amidst other things, SAR report shows when your application was received by UKBA, and when visa was issued or refused including when your passport and other relevant documents were posted to you. It doesn't show when you left the UK. However, it has photocopies of the various exit and entry stamps in your passport. Obviously the entry stamps show the dates you enter the UK. As you may know, UKBA doesn't register when you leave the UK.

I did not use a solicitor. I did everything by myself. The cycle time from the date I posted my application to the date I received my passport was 11 weeks (76 days).

Basis of application: 9 years 4months on student visa and 8 months on PSW.
I applied: 16 September 2011.
Application fee cleared (debit card): 19 September 2011.
Acknowledgement letter received: 20 September 2011.
ILR stamped date: 28 November 2011.
Received date: 01 December 2011.
Total application cycle: 76 days (11 weeks).
Documents sent: cover letter, App form, two passports, Life in the UK test and copies of passport pages.
Application processing centre: Liverpool
Use of legal representation: None.

[ab2012]

Hi Derlin,

many thanks for the clarification and for providing the link that points to details of your previously submission.

I submitted a SAR (using the form provided on the UKBA website) and selected the landing cards amongst the data I want to request. Would the SAR include information related to the landing cards. The reason I am asking is on one of my old passports, I had a few trips in 2001 and 2002 but I can only find stamps by the visited country but NO Home Office stamps when I returned to the UK, and I cannot find nor remember the dates of return (i.e. entry) to the UK. That's why I requested amongst other information data related to landing cards.

The other question I would like to aks is about what is considered as a gap?

I had renewed my student visa a couple of times and all renewals were done in country (in the UK). However I noticed, on two occasions, the start date of the renewed residence permit begins after the expiry date of the of the previous leave to remain. However, I always submitted the renewal applications by post and before the (previous) leave to reamin expired. I have all letter sent by the Home Office (acknowledging receipt of the renewal application as well as the approval letters that with the passport endorsed with the new residence permit sticker).

Example:
One leave to remain expired on 30 December 2003, extension submitted by post a few days before 30-December-2003, the new leave to remain starts on 27-January-2004.
Would the above example be considered as a gap ? or it doen't matter as long as the extension application is submitted before the expiry of the previous leave to remain?

Finally, you mentioned Liverpool as processing centre (it is also mentioned by others as the processing centre), is Liverpool always the processing centre for ILR 10-year applications?

Thanks again,

I really found this forum a good source of advice and it is great to see people sharing and discussing their experiences and advising each other.

[derlin]

Hi Derlin,

many thanks for the clarification and for providing the link that points to details of your previously submission.

I submitted a SAR (using the form provided on the UKBA website) and selected the landing cards amongst the data I want to request. Would the SAR include information related to the landing cards. The reason I am asking is on one of my old passports, I had a few trips in 2001 and 2002 but I can only find stamps by the visited country but NO Home Office stamps when I returned to the UK, and I cannot find nor remember the dates of return (i.e. entry) to the UK. That's why I requested amongst other information data related to landing cards.

The other question I would like to aks is about what is considered as a gap?

I had renewed my student visa a couple of times and all renewals were done in country (in the UK). However I noticed, on two occasions, the start date of the renewed residence permit begins after the expiry date of the of the previous leave to remain. However, I always submitted the renewal applications by post and before the (previous) leave to reamin expired. I have all letter sent by the Home Office (acknowledging receipt of the renewal application as well as the approval letters that with the passport endorsed with the new residence permit sticker).

Example:
One leave to remain expired on 30 December 2003, extension submitted by post a few days before 30-December-2003, the new leave to remain starts on 27-January-2004.
Would the above example be considered as a gap ? or it doen't matter as long as the extension application is submitted before the expiry of the previous leave to remain?

Finally, you mentioned Liverpool as processing centre (it is also mentioned by others as the processing centre), is Liverpool always the processing centre for ILR 10-year applications?

Thanks again,

I really found this forum a good source of advice and it is great to see people sharing and discussing their experiences and advising each other.

Continuous lawful stay is a decisive criterion to issuing ILR to applicants applying via the 10-year route. Continuous lawful stay means an applicant has legal leave to remain during their time in the UK for the last 10 years prior to application.

However, continuous lawful stay is deemed to be broken if an applicant renewed an existing visa or applied for a new visa after the expiry date of existing leave-to-remain. The period between the expiry date of existing leave-to-remain (30 December 2003) and date application was posted (6 January 2004, for example) is a gap. Your example is not a gap because your application was posted few days before 30 December 2003.

No. Liverpool is not the only processing centre for ILR applications but evidence shows it handles a large number of ILR applications (postal applications to be precise).

I agree with you on the usefulness of this forum.

[ab2012]

Hi Derlin,

many thanks for the clarification and for providing the link that points to details of your previously submission.

I submitted a SAR (using the form provided on the UKBA website) and selected the landing cards amongst the data I want to request. Would the SAR include information related to the landing cards. The reason I am asking is on one of my old passports, I had a few trips in 2001 and 2002 but I can only find stamps by the visited country but NO Home Office stamps when I returned to the UK, and I cannot find nor remember the dates of return (i.e. entry) to the UK. That's why I requested amongst other information data related to landing cards.

The other question I would like to aks is about what is considered as a gap?

I had renewed my student visa a couple of times and all renewals were done in country (in the UK). However I noticed, on two occasions, the start date of the renewed residence permit begins after the expiry date of the of the previous leave to remain. However, I always submitted the renewal applications by post and before the (previous) leave to reamin expired. I have all letter sent by the Home Office (acknowledging receipt of the renewal application as well as the approval letters that with the passport endorsed with the new residence permit sticker).

Example:
One leave to remain expired on 30 December 2003, extension submitted by post a few days before 30-December-2003, the new leave to remain starts on 27-January-2004.
Would the above example be considered as a gap ? or it doen't matter as long as the extension application is submitted before the expiry of the previous leave to remain?

Finally, you mentioned Liverpool as processing centre (it is also mentioned by others as the processing centre), is Liverpool always the processing centre for ILR 10-year applications?

Thanks again,

I really found this forum a good source of advice and it is great to see people sharing and discussing their experiences and advising each other.

Continuous lawful stay is a decisive criterion to issuing ILR to applicants applying via the 10-year route. Continuous lawful stay means an applicant has legal leave to remain during their time in the UK for the last 10 years prior to application.

However, continuous lawful stay is deemed to be broken if an applicant renewed an existing visa or applied for a new visa after the expiry date of existing leave-to-remain. The period between the expiry date of existing leave-to-remain (30 December 2003) and date application was posted (6 January 2004, for example) is a gap. Your example is not a gap because your application was posted few days before 30 December 2003.

No. Liverpool is not the only processing centre for ILR applications but evidence shows it handles a large number of ILR applications (postal applications to be precise).

I agree with you on the usefulness of this forum.

Thanks Derlin,
I will wait and see what comes in the SAR file so that I can be sure of all exit/entry dates from/to the UK and also if they have any information that is inconsistent with what I am aware of.