10 Years Long Residency confusions

[Ged]

Hi and thanks for anyone reading this long plea,

My stay in the UK is reaching to 10 years in September and therefore I started gathering necessary information about the indefinite leave to remain (ILR) options I might have by that date. This should have been a more straight forward problem to resolve, but like most people, I do not feel it is. So I made a list of things that confuse me and would appreciate if some of you gurus, moderators or owners of those success stories could clarify these for me.

I am a Turkish citizen. I am on Tier 1 (General) Highly Skilled Workers category and my current visa is valid until 1/2/2013. I have stayed in the UK lawfully for about 10 years now. For the last 2 years my wife has been with me as a dependant on Tier 1.

1. My wife’s visa is also expiring by 1/2/2013. This means if I secure a 10 years long stay ILR after this September, quickly enough, there seems to be long enough time on her passport left to apply for FLR(M). I understand she must do this regardless of having a long enough visa on her passport. However; after getting her FLR(M), she can apply for an ILR immediately since she will have been on a Tier 1 dependant category for more than 2 years already by then. I have been reading the success stories on this web site about similar cases but can someone confirm that I am right to believe that is true? Can’t we apply for an ILR for her immediately after I receive mine, since she will still have her Tier 1 dependant visa on her passport by then with having been here for 2 years as a Tier 1 dependant?

2. People on tier 1 can go to PEOs and get their ILR using a premium service (which is even more ridiculously expensive, yet faster). However I saw on the top page of the application form SET(O) that long residence category cannot use this premium service while Tier 1 applicants can. Although I am currently on tier 1 visa, does it mean that I cannot use the premium service since I am applying into the Long Residence category?

3. Since I am a Turkish citizen, it may mean that we might be subject to slightly reduced application fees (£893 instead of 991). However, yet again, there seems to be an exemption of applications being made on long stay category. How do you interpret this? I am applying as a tier 1 holder. The form says if you are applying as Tier 1, you are subject to £893, while applying as long residence is subject to £991. Which category should I tick?

4. Is it true that in order to prove my English language ability “Life in UK” test will be sufficient? For my tier 1 I had to demonstrate my qualifications I obtained in the UK, but this seems irrelevant now.

5. Will my passport be enough as an evidence of my long stay in the UK without a gap? I have always renewed my visas on time and from UK? Should I ask to the Home Office about my records before applying?

6. I took my first student visa on 5/9/2002, but entered UK on 1/10/2002. Do you start my 10 years minus 28 days based on 5/9/2002 or 1/10/2002?

7. After providing the list of documents they are already asking on the form, is there any point in explaining on a cover letter, stories such as my employment history, how nice I am, and how generous I have been in paying my taxes etc? Is there any benefit in writing an assay ranting about my eligibility or mentioning things such as not having been on benefits, drugs, social problems ever ?

As you can imagine, I am seriously concerned, and will appreciate any clues you can give me on my application. Thanks in advance for any help.

[geriatrix]

1. If she completes two year residential period before her leave expires and if you become a settled person before her leave expires, then under the changes being introduced on 09-Jul-12 there may be no need for her to switch to FLR(M) and she may be able to apply for settlement directly. Check back nearer to the time.
2. No, you are applying for settlement under long residence and not under economic route.
3. Long residence.
4. Yes.
5. No need, unless you are doubtful about the timing of any previous applications.
6. 10th anniversary of your date of entry.

[Ged]

Dear Sushmehta,

Thanks very much for offering these helpful answers. I will keep checking this forum to see if changes in the future makes a difference for my family.

About the answer 5, I am unsure about one of my applications back in 2003. For a visa extension, home office refused my application saying the correct fee was not paid. They sent back my application papers. On top of this, they sent it to the wrong address and therefore it took a few weeks before the paperwork has arrived back to me. I did not need to appeal, and when the payment was made with a fresh application, they just issued the extension. I had forgotten about this, and now I am concerned that this might have pierced my long stay as it took more than 10 days to fix although I made the original application on time. Now I feel I must clarify this with the HO.

What is the name of the paperwork I should ask or apply for this clarification? What do you think about my chances with this blunder on the paperwork?

Regards, and best wishes.

[geriatrix]

Make a subject access request.

An application out of time by more than 10 calendar days breaks lawful residence, in context of settlement under long residence.

[Ged]

Thanks for the super fast answer provided.

[erenmuratemre86]

If you are couple of months short and are fully employed. I think you can switch into Turkish employed ECAA 1 , then you can apply for settlement since it is going to be almost 11 years

[Ged]

Hi erenmuratemre86,
Are you sure the ECAA 1 will count towards the ILR in long residence catagory? They say ECAA 1 does not allow permanent settlement afterwards. Will it be any different for long stay?

[Ged]

Ok, I received my long waited SAR file. I was well annoyed about how late It arrived (2 months) but I must confess, it is a match to Encyclopaedia Britannica in terms of its size, so it is normal that it takes time to assemble such a soap-opera I guess.

The first thing I noticed is there is no mention of any overstay anywhere within my immigration history. As I mentioned earlier in this post I had a rejected Leave to Remain (LTR) from September 2003, and the BA returned the documents to the wrong address, so it took me more than 28 days to notice the rejection. When I eventually received the rejected application form, the international student advisers within my university called the BA, and explained the error they have made. Together with the photocopy of the envelope UKBA wrongly addressed, advisers written a cover letter telling UKBA about why we could not reply sooner and how they sent the documents to the wrong address. The same application form, the cover letter and the photocopy of the envelope did the trick and I received my LTR as a student in late November 2003.

I need clarification from the senior members or some second opinion from the forum members about this dilemma;

It is obvious from my immigration history that my initial entry clearance was expiring by 9/9/2003 and since my in-time application was rejected, I had to reapply. It took more than 28 days for me to reapply after the refusal was made, therefore I should be an over-stayer. If this is the case, I am not eligible for 10 year long stay ILR yet.

However, I can still see in my SAR that the copy of the letter sent by the international student adviser 9 years ago is still inside my file. And I can confirm that none of my records indicate any overstaying.

So should I relax about it and just casually apply for my 10 year ILR, since obviously case records do not call me an over-stayer probably due to the letter written by my advisers and the phone call they had made which was also referred within the same letter? Would I actually see it somewhere in my SAR if they see me as an over-stayer or not?

Alternatively, I can write a detailed letter explaining what happened in 2003, how it was not my fault, and attached photocopies would prove my innocence? They clearly still have my original application, the letter from the uni, and records do not show any overstay. In UKBA guidance notes about 10 year long stay category, the case workers are advised to use their judgement about "one application being more than 10 days late" due to the administrative errors made by the UKBA. Surely, my application was more than 10 days late due to an administrative error on their side. In addition to this Rogerdoger's very helpful post (http://www.immigrationboards.com/viewto ... 228#447228) and Vinny's reccomendations within the same post appear to mean that I have legal basis for my letter.

I would greatly appreciate if you could look at my story and share your opinions with me.

Thanks for reading.

[Ged]

I know it is a very long read but I would appreciate a second opinion in this issue.

[serr]

Ged,

i wonder what happened with your application- how did you apply- was it successful?

[Ged]

Ged,

i wonder what happened with your application- how did you apply- was it successful?

I made my application on 01.09.2012 under 10 years category and now it has been nearly 5 months. I have given my biometrics some time ago, and currently preparing for my wife's application. I have no real update for you. Are you in a similar situation?