Short of 40 days for Long Residence 10 years

[Tier 4]

I am short of 40 days to make my 10 years long residence. Even if I subtract 28 days out of 40 still 12 days short.

I think I got two options (don’t know which one is right);

Either to apply some so-called extension like FLR (O) and vary grounds while on 3C leave
Or
Apply by post with this hope they will not decide it within 40 days (which of course highly unlikely)

I will highly appreciate any suggestions.

[vinny]

Suggested options.

[Tier 4]

Suggested options.

Thanks vinny

Option 2. You may apply by registered post for an ILR shortly before leave expires. If you are eligible on the date of the decision, then you should be ok.

I like the 2nd option better but don’t know the legality aspect of it (Just in case applying 40 days early doesn’t make my application invalid).

Option 1. You may apply by registered post for an extension shortly before leave expires. It's possible to vary (not withdraw) this application to ILR when you are eligible, if it's still undecided.

As a safe side this one is better, however I am worried about few things:

1. 1st problem what kind of extension should I have to go for as I am currently on PSW visa, and can’t spend too much money on expensive point based visas just to cover-up 40 days. However my wild guess is to apply FLR (O) based on Human rights or private family life or whatever.

2. If I vary the grounds of my any application towards ILR I believer CW will take hell of time to locate my previous application, passports and ICFN etc to process my ILR.

3. Or should I don’t include my passports and ICFN along with my FLR (O) application at all.


Seriously I am a CONFUSE DOT COM

[vinny]

Invalidity of application is subject to 34C.

See also Applications > Specified application forms and procedures > Varying an application.

[Tier 4]

Invalidity of application is subject to 34C.

See also Applications > Specified application forms and procedures > Varying an application.

I am not been able to figure out what else makes someone application invalid, I know problem in photographs, fee deduction, wrong form, but what else;
• Making early application can be considered invalid?
• Unattached passport with application makes it invalid?


Nevertheless this is interesting.

Applications received more than 28 days before the required qualifying period is completed
You must refuse applications received more than 28 days before the applicant completes the required qualifying period for long residence. This is because the applicant has not completed the required period of leave in the UK.

Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this.

Are they trying to tell, initially early application will be refused but later on will be successful after spending the demanding time?

[RANA-ALI]

Hi,
I have exactly the same issue as "tier 4 " have
My psw is also expiring 6 weeks before the qualifying 10 years time
And i have same question in my mind that what if they Invalid application for making an early application?
I really wish and hope that some one come up with success story with shortfall , i m browsing forum every single day but never come across any success story with short fall in 10 year qualifying period,
I also request all members to share any success story if they know any one got ilr with short fall of one and half month
i don't fall in any other category so i cant really apply for extension and can't really afford this lengthy and costly procedure if i b honest,
1) if i have to make early application which form to use
Is it set(lr) or set(o)
2) as i will be applying in october do i have to send b1 certificate with liuk as well, i did master's from one of the university in uk. If the degree is sufficient should i have to get it certified from naric? Or just send my degree with my application , i already got liuk in dec last year.
3) if i make early appliation, God forbid if ukba turn my app down , will i get right of apeal ? And does that mean 3c will trigger
4) can i take a bit time submitting my biomatric so it get close to my qualifying time, again do u think cw will consider my application if i reach 10 year during, acknowledement , biomatric and case allocation process
And last but not least when i maiking my early application can i apply for my depandant flr(m) same time
Thanks for reading
I ll really appreciate ur valuable feedback ,
Any one plz
Kind regards

[vinny]

Their previous instructions were more in line with the Judgment, regarding the date of decision.

See also right of appeal.

[Tier 4]

1) if i have to make early application which form to use
Is it set(lr) or set(o)

I would say its Set (LR) for all long residence

2) as i will be applying in october do i have to send b1 certificate with liuk as well, i did master's from one of the university in uk. If the degree is sufficient should i have to get it certified from naric? Or just send my degree with my application , i already got liuk in dec last year.

If i were you i dont mind doing IELTS, as B1 is easy to get, plus i dont think you need NARIC to approve you British degree.

3) if i make early appliation, God forbid if ukba turn my app down , will i get right of apeal ? And does that mean 3c will trigger

Please do tell me if you get the answer of it.

4) can i take a bit time submitting my biomatric so it get close to my qualifying time, again do u think cw will consider my application if i reach 10 year during, acknowledement , biomatric and case allocation process

I think thats the only thing we can use to delay / expand our stay.

And last but not least when i maiking my early application can i apply for my depandant flr(m) same time

Yes, i will do it for my wife too, otherwise she will be overstayed her visa.

[Tier 4]

Their previous instructions were more in line with the Judgment, regarding the date of decision.

See also right of appeal.

Thanks vinny, However
What are the new instructions, or if the previous instructions still stand or will stand do they:

• Give us scot-free till they make a decision? And our waiting time will count legal regardless we applied early.

Well, I do have an example of my PSW 4.5 months waiting time, when the date of decision was significant as starting the visa rather than the date of application.

[RANA-ALI]

vinny and tier4 thanks very much for ur reply
i have seen one of vinny's reply as below

There's no right of appeal, if you make an application either too soon or too late (82(2)(d) fails).

This may be less significant for PBS applicants now. However, better to apply in-time, shorty before expiry of leave, if possible.

Note also you may be subject to a re-entry ban if you overstay over 90 days.

Do click on links.

i have clicked on the link and i still coudnt understand much, i think i m getting bit older to understand all this
can u plz correct me if i am wrong
from above should i assume that
if one make an early application he/she might not get right of appeal?
@ tier 4 i am amazed to see that we both are almost in same situation,
feel less conscious knowing im not the only one in this boat:) i really pray and hope that we get through this last hurdle Insha Allah,
tier 4 can u please update me if u find any information regarding our scenario....by the way when u are u planning to make ur application. mine is end october this year, is it best to use solicitor?
in last i ll encourage if any other members also would like to share their knowledge / experince / suggestion which could help us making the right decsion at righttttttttt time,
stay blessed
Regards

[vinny]

if one make an early application he/she might not get right of appeal?

There no right of appeal if your leave hasn't expired nor curtailed after a decision.

[Tier 4]

tier 4 i am amazed to see that we both are almost in same situation,
feel less conscious knowing im not the only one in this boat:)

well

go2khurram was in the same situation and he applied 3 months in advance.

i really pray and hope that we get through this last hurdle Insha Allah,
tier 4 can u please update me if u find any information regarding our scenario....by the way when u are u planning to make ur application. mine is end october this year, is it best to use solicitor?

Sure i will update if i find out more about it, i am applying next year not this year and with no solicitor.

Do update if you find out more info about it.

However i probably apply on the 2nd last day of my visa expiry on FLR (O) form (without passports and ICFN) and right after 14 days apply / Vary on Set (LT) and include all documentation. Thats the plan so far

[mycanal1]

tier 4 i am amazed to see that we both are almost in same situation,
feel less conscious knowing im not the only one in this boat:)

well

go2khurram was in the same situation and he applied 3 months in advance.

i really pray and hope that we get through this last hurdle Insha Allah,
tier 4 can u please update me if u find any information regarding our scenario....by the way when u are u planning to make ur application. mine is end october this year, is it best to use solicitor?

Sure i will update if i find out more about it, i am applying next year not this year and with no solicitor.

Do update if you find out more info about it.

However i probably apply on the 2nd last day of my visa expiry on FLR (O) form (without passports and ICFN) and right after 14 days apply / Vary on Set (LT) and include all documentation. Thats the plan so far

I personally think, it would be refused if apply too early , regardless of when case worker make decision. I therefore, suggest to get visa extension to be on the safe side. I know that might not be easy for most of us but when you compare the cost and time of 10 years, why spoil the very last hurdle. Even if one apply 1 day before 28 days prior, it will be refused. specially these days, they try to find any possibility to refuse. their aim is to reduce net immigration.

[Tier 4]

I personally think, it would be refused if apply too early , regardless of when case worker make decision. I therefore, suggest to get visa extension to be on the safe side. I know that might not be easy for most of us but when you compare the cost and time of 10 years, why spoil the very last hurdle. Even if one apply 1 day before 28 days prior, it will be refused. specially these days, they try to find any possibility to refuse. their aim is to reduce net immigration.

If you read it through you can find the real examples of people who successfully obtained ILR by making early applications

I think its all about luck, nevertheless I am not an expert, I have a shortfall of 40 days for my Set (LR) application or perhaps less than that if I count date of visa issue and deduct 28 days.

[RANA-ALI]

Hi tier 4 , its worth looking at this result and contact him to see what else he sent with his application

I got my Ilr today.

Timeline:

Application Date: 09/08/2013

Ack: 16/08/2013

Bio letter received : 27/08/2013

Bio letter reported lost: 02/09/2013

RE Bio Letter Received : 03/10/2013

Bio registered: 04/10/2013

Brp Approved : 05/12/2013

Brp Received : 09/12/2013

I had 45 days gap before completing my 10 years. It means that it does not metter even if you have more than 28 days gap. But on the date of decision you should complete your qualifying period .

Thanx and good luck for the rest.

[Tier 4]

Hi tier 4 , its worth looking at this result and contact him to see what else he sent with his application

I got my Ilr today.

Timeline:

Application Date: 09/08/2013

Ack: 16/08/2013

Bio letter received : 27/08/2013

Bio letter reported lost: 02/09/2013

RE Bio Letter Received : 03/10/2013

Bio registered: 04/10/2013

Brp Approved : 05/12/2013

Brp Received : 09/12/2013

I had 45 days gap before completing my 10 years. It means that it does not metter even if you have more than 28 days gap. But on the date of decision you should complete your qualifying period .

Thanx and good luck for the rest.

Thanks and that's absolutely spot on.


I don't know how to contact azaam as the person has only one post which says above.

Anyways as far as my case concern at the moment I am more incline towards the idea of just applying ILR regardless of shortfall. Because if I making any application and then vary it; it will create just hassle for CW and delay my actual intentions.

Therefore those prime examples of early applications are very encouraging and valuable, and might work in my case too.

[Brainliar]

Hi , did u apply with 40 days gape and whats happened with your application ?
Thanks

[Tier 4]

Hi , did u apply with 40 days gape and whats happened with your application ?
Thanks

Naw mate applying next month, are you in same situation?

[Brainliar]

yeah , kinda same situation although i have valid leave for long time ..just want to apply early as they take longer time and i would like to make early application ...do you know if thats even possible ? as their are some contradictory post on here and ukvi customer services department are not really trained to reply this i guess !

[Tier 4]

yeah , kinda same situation although i have valid leave for long time ..

Its not a same situation mate, I am short actually making 10th anniversary, but you have leave left to make it.

just want to apply early as they take longer time and i would like to make early application ...do you know if thats even possible ? as their are some contradictory post on here and ukvi customer services department are not really trained to reply this i guess !

There are few examples when people successfully submitted early applications

Query - 24 days shorter for 10 years Long Residency – ILR

Urgent Help Required-ILR when delay in travel for 3 mon 1 da

Shortfall of 28 days before ILR Application

ILR ELIGIBILITY - Email from UKBA

Short of 40 days for Long Residence 10 years

Early application for ILR 10 years route. (hasan6223)

I have made another thread on this topic if you want to join in:

Early Application – Long residence

[joanie]

Hi Rana Ali
Have you iv got your ILR now? Did you put an early application or vary your application?
thanks