Urgent Advice regarding 10 Years Long Residence

[aakkoo]

My 10 years long residence will be completed on 10 Sept. My application for Tier 1 is already pending with HO and my biometric last date is 4 Sept. I have already delayed my biometric once and cannot delay it again. So i am 6 days short of completing 10 years long residence.

I am not sure can i apply for ILR despite i am 6 days short. Will my application will be refused because of this.

My solicitor adviced me as my visa is expired and my documents are with HO i cannot apply 28 days prior to completing 10 Years long residence.

I dont know how to cover those 6 days. Need advice.

[geriatrix]

What stops you from submitting biometric information? I mean what would you lose by submitting your biometrics on/before 04-Sep.?

Give your biometrics on / just before 04-Sep., and then apply to vary your PBS application to settlement.

And change your lawyer! Or tell him to read this document.

[aakkoo]

What stops you from submitting biometric information? I mean what would you lose by submitting your biometrics on/before 04-Sep.?

According to my solicitor nowadays they are taking decisions on PBS very quickly and i will not have time to vary my application to ILR incase if i give my biometric before my time completes for 10 Year ILR. I wanted to save my money and want to pay for only one application not both.And change your lawyer! Or tell him to read

Can you please tell me which section your reffering to in the pdf file???? this document.

[vinny]

See also vary.

There may be complications if your application is declared invalid because of failure to do biometrics.

[aakkoo]

What stops you from submitting biometric information? I mean what would you lose by submitting your biometrics on/before 04-Sep.?

Give your biometrics on / just before 04-Sep., and then apply to vary your PBS application to settlement.

And change your lawyer! Or tell him to read this document.

What stops you from submitting biometric information? I mean what would you lose by submitting your biometrics on/before 04-Sep.?

According to my solicitor nowadays they are taking decisions on PBS very quickly and i will not have time to vary my application to ILR incase if i give my biometric before my time completes for 10 Year ILR. I wanted to save my money and want to pay for only one application not both.

Can you please tell me which section your reffering to in the pdf file???? this document.

[aakkoo]

See also vary.

There may be complications if your application is declared invalid because of failure to do biometrics.

Is it safe to apply 6 days short of completing 10 years long residence.

[vinny]

You may vary a valid in-time undecided application. However, your application may be invalid without in-time biometrics. So, you should complete your biometrics in-time.

Is it likely that they will decide on your original application within 6 days, following your biometrics?

[aakkoo]

You may vary a valid in-time undecided application. However, your application may be invalid without in-time biometrics. So, you should complete your biometrics in-time.

Is it likely that they will decide on your original application within 6 days, following your biometrics?

Vinny you r right as now a days they are taking decisions very quick. I think the only option is to Vary the Case to ILR before the biometric date is due. Will i be safe if i apply within 28 days of completion of 10 years long residence.

[aakkoo]

I am having problem with my solicitor and i might have to vary my existing application of tier 1 to 10 Years ILR by myself. If someone can plz upload a sample cover letter to vary the existing application to ILR.

[vinny]

Perhaps it's better to vary your application after biometrics, as your application isn't valid without biometrics? I'm not sure what would happen if you tried to vary an invalid application.

[aakkoo]

Perhaps it's better to vary your application after biometrics, as your application isn't valid without biometrics? I'm not sure what would happen if you tried to vary an invalid application.

Vinny they have given me 17 working days to do the biometric, so i am sure my application is valid ?? These 17 working days expire on 4 september which is 6 days short of completing me 10 years ILR. These 6 days r creating problem for me. I am thinking of taking a risk of varying my application despite of 6 days short of completing long residence ??

[vinny]

The application should be valid after you complete the biometrics in-time, provided there was nothing else to render it invalid. It may be invalid if you don't complete the biometrics in-time. Suggest that you vary your application after completing the biometrics in-time, to avoid complications.

If you apply/vary too early, but qualify on the date of decision, then rely on case laws.

[aakkoo]

The application should be valid after you complete the biometrics in-time, provided there was nothing else to render it invalid. It may be invalid if you don't complete the biometrics in-time. Suggest that you vary your application after completing the biometrics in-time, to avoid complications.

If you apply/vary too early, but qualify on the date of decision, then rely on case laws.

Vinny thanks for your detailed reply, if i am understanding you right you mean i cannot vary my application until or unless i do my biometric first???

As i am within in the 28 days of completion of long residency can i apply now to vary my application without waiting for exact completion of 10 years long residency?? without risking of making my application invalid because of late biometric.

[vinny]

If you don't complete your biometrics in-time, then your application will be invalid. I just don't see how you may vary an invalid application.

[aakkoo]

If you don't complete your biometrics in-time, then your application will be invalid. I just don't see how you may vary an invalid application.

If i do my biometric and the next day i Vary the application to ILR will that be Valid application?? It will give enough time to Vary other wise i will be too late.

[Tier 4]

If you don't complete your biometrics in-time, then your application will be invalid. I just don't see how you may vary an invalid application.

Is it not possible to vary application as soon as someone reached the required period for ILR without submission of biometrics?


For example; as for myself I am 40 days short for 10 years if I deduct 28 days out of 40 that will leave 12 days short. I been thinking to apply some extension just to cover these 12 days and then vary it as soon as I crossed these 12 days regardless of biometrics submission. I can submit biometrics for my varied ILR application.

Or do I have to wait for biometrics invitation and submission of my 1st application which usually UKBA takes ages to send?

[adlakha84]

If you don't complete your biometrics in-time, then your application will be invalid. I just don't see how you may vary an invalid application.

Is it not possible to vary application as soon as someone reached the required period for ILR without submission of biometrics?


For example; as for myself I am 40 days short for 10 years if I deduct 28 days out of 40 that will leave 12 days short. I been thinking to apply some extension just to cover these 12 days and then vary it as soon as I crossed these 12 days regardless of biometrics submission. I can submit biometrics for my varied ILR application.

Or do I have to wait for biometrics invitation and submission of my 1st application which usually UKBA takes ages to send?

when you would vary you would vary the circumstances of existing application and not make a fresh application , existing application can't be valid till biometrics are submitted .

[Tier 4]

when you would vary you would vary the circumstances of existing application and not make a fresh application , existing application can't be valid till biometrics are submitted .

Yep but what if someone vary his application as soon as his circumstances change, like in my case which is just 12 days?
And as far as biometrics is concern; I do remember, for my last Tier 1 application UKBA took 4 months just to send me biometrics invitation.

I might be wrong but it doesn’t make any sense, to cover 12 days I have to wait months just to submit biometrics for an application which ultimately I have to vary.

[adlakha84]

when you would vary you would vary the circumstances of existing application and not make a fresh application , existing application can't be valid till biometrics are submitted .

Yep but what if someone vary his application as soon as his circumstances change, like in my case which is just 12 days?
And as far as biometrics is concern; I do remember, for my last Tier 1 application UKBA took 4 months just to send me biometrics invitation.

I might be wrong but it doesn’t make any sense, to cover 12 days I have to wait months just to submit biometrics for an application which ultimately I have to vary.

If it was me I would think that UKBA would ask me for what purpose did I send first application . I cant say to cover 12 days, first application will be the main application . I would leave senior expert members to help us both

[Tier 4]

If it was me I would think that UKBA would ask me for what purpose did I send first application . I cant say to cover 12 days, first application will be the main application . I would leave senior expert members to help us both

well surely i won't say its just to cover 12 days, even though if i count from entry clearence date its just 2 days. Therefore personally for myself it will be rather davestated & disapointing to wait such a long period just to cover these days. Nevertheless rules are rules .

[aakkoo]

when you would vary you would vary the circumstances of existing application and not make a fresh application , existing application can't be valid till biometrics are submitted .

Yep but what if someone vary his application as soon as his circumstances change, like in my case which is just 12 days?
And as far as biometrics is concern; I do remember, for my last Tier 1 application UKBA took 4 months just to send me biometrics invitation.

I might be wrong but it doesn’t make any sense, to cover 12 days I have to wait months just to submit biometrics for an application which ultimately I have to vary.

Same thing happened to my previous case as well i got my Biometric card after almost 4 months. It will be strange if someone has to wait 4 months to Vary his case just to do his biometric first???

[Tier 4]

when you would vary you would vary the circumstances of existing application and not make a fresh application , existing application can't be valid till biometrics are submitted .

Yep but what if someone vary his application as soon as his circumstances change, like in my case which is just 12 days?
And as far as biometrics is concern; I do remember, for my last Tier 1 application UKBA took 4 months just to send me biometrics invitation.

I might be wrong but it doesn’t make any sense, to cover 12 days I have to wait months just to submit biometrics for an application which ultimately I have to vary.

Same thing happened to my previous case as well i got my Biometric card after almost 4 months. It will be strange if someone has to wait 4 months to Vary his case just to do his biometric first???

I got a short response from UKBA on the particular issue:



Dear XYZ,

I can confirm that if you submit your application prior to your existing leave expiring you will be covered by the provisions of 3c leave until the date on which the UK Border Agency considers your application. 3c leave will also count towards a qualifying period for 10 years legal residence.

I can also confirm that you are free to vary your application at any point during your period of 3c leave, however I should advise that 3c leave does finish at the moment that we determine your outstanding application.

Regards

Settlement Ops policy
MR

As they mention a person is free to vary application at any point during 3c leave which I assume starts even before biometrics.

Perhaps seniors might shed more light on this.

[aakkoo]

when you would vary you would vary the circumstances of existing application and not make a fresh application , existing application can't be valid till biometrics are submitted .

Yep but what if someone vary his application as soon as his circumstances change, like in my case which is just 12 days?
And as far as biometrics is concern; I do remember, for my last Tier 1 application UKBA took 4 months just to send me biometrics invitation.

I might be wrong but it doesn’t make any sense, to cover 12 days I have to wait months just to submit biometrics for an application which ultimately I have to vary.

Same thing happened to my previous case as well i got my Biometric card after almost 4 months. It will be strange if someone has to wait 4 months to Vary his case just to do his biometric first???

I got a short response from UKBA on the particular issue:



Dear XYZ,

I can confirm that if you submit your application prior to your existing leave expiring you will be covered by the provisions of 3c leave until the date on which the UK Border Agency considers your application. 3c leave will also count towards a qualifying period for 10 years legal residence.

I can also confirm that you are free to vary your application at any point during your period of 3c leave, however I should advise that 3c leave does finish at the moment that we determine your outstanding application.

Regards

Settlement Ops policy
MR

As they mention a person is free to vary application at any point during 3c leave which I assume starts even before biometrics.

Perhaps seniors might shed more light on this.

I am assuming if the varying application is considered invalid before the biometric is done then it means if i vary the application they will send it back to me and make the decision on the original appklication????

Still in a dilema should i vary the application before the biometric or not .

[adlakha84]

Yep but what if someone vary his application as soon as his circumstances change, like in my case which is just 12 days?
And as far as biometrics is concern; I do remember, for my last Tier 1 application UKBA took 4 months just to send me biometrics invitation.

I might be wrong but it doesn’t make any sense, to cover 12 days I have to wait months just to submit biometrics for an application which ultimately I have to vary.

Same thing happened to my previous case as well i got my Biometric card after almost 4 months. It will be strange if someone has to wait 4 months to Vary his case just to do his biometric first???

I got a short response from UKBA on the particular issue:



Dear XYZ,

I can confirm that if you submit your application prior to your existing leave expiring you will be covered by the provisions of 3c leave until the date on which the UK Border Agency considers your application. 3c leave will also count towards a qualifying period for 10 years legal residence.

I can also confirm that you are free to vary your application at any point during your period of 3c leave, however I should advise that 3c leave does finish at the moment that we determine your outstanding application.

Regards

Settlement Ops policy
MR

As they mention a person is free to vary application at any point during 3c leave which I assume starts even before biometrics.

Perhaps seniors might shed more light on this.

I am assuming if the varying application is considered invalid before the biometric is done then it means if i vary the application they will send it back to me and make the decision on the original appklication????

Still in a dilema should i vary the application before the biometric or not .

You will not loose anything by giving bio metric in your case aakkoo just 20£ fee you are already eligible to file set(lr) . why not just do it as bio metric letter has already been issued to you .

[Amber]

My application of SET(LR) and wife of FLR(M) is with HO, I want to send extra supporting documents to HO.

I am not sure where to send, to the address mentioned on Acknowledgement letter which is Liverpool for SET(LR) and Sheffield for FLR(M) or to the address that's on the application form.

What additional documents are you providing them..Have they asked for any?

No they did not yet asked any extra documents. I am sending my LIUK certificate and wife English certificates. I mentioned in the cover letter i will be sending it as soon as i get it.