Long Residence (10 years) SET (LR) applications

[Casa]

Dear casa
I applied for flrm visa in august 2012 and got refusal in mid of 2013 then we appealed against and got approved in November 2014 on private life due to baby involved.i hope this information will be enough to understand my situation. Now i will be renewing my visa soon.please help me. Thanks

I suggest that you submit a Subject Access Request (SAR), to find out what information the Home Office hold on your immigration record,

https://www.gov.uk/government/publicati ... mmigration

[ishara123]

Hello Everyone,
I have posted my SET (LR) application and below is my timelines.

Posted : 12/11/2016
Payment Deducted : 15/11/2016
Acknowledgement Letter received via email : 25/11/2016
Bio metric done : 28/11/2016
Another Acknowledgement Letter received via email : 28/12/2016

I have copied the contents of the latest Letter that I received today to get some clarification

Dear XXXXXX

Case ID: XXXXXX

We are emailing you to confirm that your recent Home Office application is still under consideration and we expect to make a decision within 6 months of the date of your application, which is our service standard. If we are unable to process your application within 6 months we will tell you as soon as possible.

Our web page contains further information about our service standards and other information that you may find helpful with regard to your application.

If there is a change in your circumstances, please contact us using this link: https://www.gov.uk/change-circumstances-visa-brp

You will be notified of the outcome of your application in writing.

Our web page contains further information on our service standards and other information which may relate to your application.

Please note that this is an automated response confirming receipt of your application and does not accept responses. Please do not reply to this email.

If there is a change in your circumstances, we kindly ask that you only contact us using this link: https://www.gov.uk/change-circumstances-visa-brp

Permanent migration team

My Question is ? Is this an automated email as it's been exactly 1 month I have done the Bio Metric.(28/11/2016 till 28/12/2016)

Has any one had any similar email like this from Home Office recently ?

Any comments would be highly appreciated.

Thank you very much in advance.

[mdiqbal]

Hello Everyone,
I have posted my SET (LR) application and below is my timelines.

Posted : 12/11/2016
Payment Deducted : 15/11/2016
Acknowledgement Letter received via email : 25/11/2016
Bio metric done : 28/11/2016
Another Acknowledgement Letter received via email : 28/12/2016

I have copied the contents of the latest Letter that I received today to get some clarification

Dear XXXXXX

Case ID: XXXXXX

We are emailing you to confirm that your recent Home Office application is still under consideration and we expect to make a decision within 6 months of the date of your application, which is our service standard. If we are unable to process your application within 6 months we will tell you as soon as possible.

Our web page contains further information about our service standards and other information that you may find helpful with regard to your application.

If there is a change in your circumstances, please contact us using this link: https://www.gov.uk/change-circumstances-visa-brp

You will be notified of the outcome of your application in writing.

Our web page contains further information on our service standards and other information which may relate to your application.

Please note that this is an automated response confirming receipt of your application and does not accept responses. Please do not reply to this email.

If there is a change in your circumstances, we kindly ask that you only contact us using this link: https://www.gov.uk/change-circumstances-visa-brp

Permanent migration team

My Question is ? Is this an automated email as it's been exactly 1 month I have done the Bio Metric.(28/11/2016 till 28/12/2016)

Has any one had any similar email like this from Home Office recently ?

Any comments would be highly appreciated.

Thank you very much in advance.

Dear this is a common automated email, just pray and hope with patience. Don't worry, good luck.

[Phoenix24]

Hi All

I applied for my wife's ILR (10 years, applied as postal application) in fist week of Sep 2016, Biometric given on 24th Sep 2016. we are still waiting for the final outcome and unfortunately we need to travel end of Jan 2017. we are thinking of going premium now (I assume it is 400 on top of the postal application fee we have already paid).
if we do, what kind of time frame i am looking at to get the passport back? can anybody advise?
Thanks a lot in advance.

[CR001]

Hi All

I applied for my wife's ILR (10 years, applied as postal application) in fist week of Sep 2016, Biometric given on 24th Sep 2016. we are still waiting for the final outcome and unfortunately we need to travel end of Jan 2017. we are thinking of going premium now (I assume it is 400 on top of the postal application fee we have already paid).
if we do, what kind of time frame i am looking at to get the passport back? can anybody advise?
Thanks a lot in advance.

You have to request an upgrade to premium service and can only do so if HO gives you permission to do it. Not everyone gets permission.

[mdiqbal]

Hi All

I applied for my wife's ILR (10 years, applied as postal application) in fist week of Sep 2016, Biometric given on 24th Sep 2016. we are still waiting for the final outcome and unfortunately we need to travel end of Jan 2017. we are thinking of going premium now (I assume it is 400 on top of the postal application fee we have already paid).
if we do, what kind of time frame i am looking at to get the passport back? can anybody advise?
Thanks a lot in advance.

If I'm not wrong, as your wife already applied for ILR in September, definitely you can't go for premium service now. Probably, your outcome is on the way which very soon. I applied on 20/09/2016 and got outcome on 28/11/2016. Please just wait and they will reject the application if you ask travel document

[ncl79]

Hello, I have one more question. what is the answer to question D2 (immigration history section) of my LR application. It asked the date First entered date to UK and it says this refers to the date of first entry to the UK at the beginning of the period of stay on which this application is based?
I came to uk on 04/02/2005. but my stay for this application starts on 24/01/2007. Please advice.[/quote]
Obviously, 24/01/2007[/quote]

But We entered to UK on 04/02/2005 [/quote]
Dear, if you filling in the ILR application then you will have to the beginning address which 4/2/2005. But if you count the day for 10 years then it's going to be 24/01/2007. However, please do get advice from a expert lawyer.[/quote]
Thank you.I entered the 2005 date in my application and my lawyer prepared a good letter explaining the situation.

[sudeen]

Hello,

I am applying for Long Residence (10 years) visa soon, is print out of payslip and p60 (E-Payslips and E P60) are acceptable by home office??

Looking forward for your reply.

Kind regards

Sudien

[CR001]

Hello,

I am applying for Long Residence (10 years) visa soon, is print out of payslip and p60 (E-Payslips and E P60) are acceptable by home office??

Looking forward for your reply.

Kind regards

Sudien

Does the form ask for payslips and P60's?? If you have ALL your passports covering the 10 years including the one you entered the UK with, why do you want to submit payslips and P60's.

[be123+]

y mdiqbal » Fri Dec 30, 2016 5:26 pm

Phoenix24 wrote:
Hi All

I applied for my wife's ILR (10 years, applied as postal application) in fist week of Sep 2016, Biometric given on 24th Sep 2016. we are still waiting for the final outcome and unfortunately we need to travel end of Jan 2017. we are thinking of going premium now (I assume it is 400 on top of the postal application fee we have already paid).
if we do, what kind of time frame i am looking at to get the passport back? can anybody advise?
Thanks a lot in advance.


If I'm not wrong, as your wife already applied for ILR in September, definitely you can't go for premium service now. Probably, your outcome is on the way which very soon. I applied on 20/09/2016 and got outcome on 28/11/2016. Please just wait and they will reject the application if you ask travel document

Congrats mdiqbal

Do you mind if you share with us what documents you submitted in your application ?

Thank you

[be123+]

Dear admin,

I seem to get link to see the progress for ILR application from somewhere in this forum. I am not sure whether i am allowed to re-post it here. But it's allowed, it would be useful for others.



If it's allowed, i would also like to encourage everyone to update it as well?

Thank you

[CR001]

Dear admin,

I seem to get link to see the progress for ILR application from somewhere in this forum. I am not sure whether i am allowed to re-post it here. But it's allowed, it would be useful for others.



If it's allowed, i would also like to encourage everyone to update it as well?

Thank you

The moderators, administrators and Immigrationboards.com take no responsibility for this document link and it is not endorsed or owned by the forum at all. Any members that post their details in this link do so at their own risk.

[bigben1982]

Dear forum members,
It would be great if some one can share some advice regarding the following issue.
I applied for Tier 2 general extension on 03/09/2014.
Tier 2 general visa at that time was expired on 14/09/2014.
Received the refusal on 22/10/2014. Appeal lodged on 29/10/2014.
Appeal hearing date was given on 06/05/2015.

However,I made a fresh application using a new COS on 27/04/2015 using 10 days premium service.Applied online on that day. Same day,27/04/2015,we wrote to Taylor house advising that we are withdrawing the appeal. Outcome of the new Tier 2 general visa was on 07/05/2015.It was granted L.T.R. Appeal rights exhausted on 05/05/2015.

I will be completing my 10 years continuous long term residency on the 1st week of September 2017. My question is,have I ever broken continuous residency at any time period I mentioned above?I am worried that I didn't go for appeal and withdrawn.So,since my visa was expired on 03/09/2014 until I received the new Tier 2 general visa on 07/05/2015,have I broken continuous residency?
I am looking forward your kind reply. Many thanks in advance.

[CR001]

Dear forum members,
It would be great if some one can share some advice regarding the following issue.
I applied for Tier 2 general extension on 03/09/2014.
Tier 2 general visa at that time was expired on 14/09/2014.
Received the refusal on 22/10/2014. Appeal lodged on 29/10/2014.
Appeal hearing date was given on 06/05/2015.

However,I made a fresh application using a new COS on 27/04/2015 using 10 days premium service.Applied online on that day. Same day,27/04/2015,we wrote to Taylor house advising that we are withdrawing the appeal. Outcome of the new Tier 2 general visa was on 07/05/2015.It was granted L.T.R. Appeal rights exhausted on 05/05/2015.

I will be completing my 10 years continuous long term residency on the 1st week of September 2017. My question is,have I ever broken continuous residency at any time period I mentioned above?I am worried that I didn't go for appeal and withdrawn.So,since my visa was expired on 03/09/2014 until I received the new Tier 2 general visa on 07/05/2015,have I broken continuous residency?
I am looking forward your kind reply. Many thanks in advance.

Please continue in your topic you already have rather than post the same post all over the sub forum.

http://www.immigrationboards.com/indefi ... l#p1442175

[Ayeshaaron]

Dear members please help me

I have a question about my lawful long residence and 28 days overstay period, in light of the immigration rules follows where do I stand. I copied the line from home office website herehttps://www.gov.uk/government/uploads/system/up ... ce-v14.pdf

Breaks in lawful residence

This page tells you about circumstances that break lawful residence for long residence applications and when you can use discretion for short breaks in lawful residence.

Time spent outside the UK Gaps in lawful residence

You may grant the application if an applicant:

• has short gaps in lawful residence through making previous applications out of time by no more than 28 calendar days where those gaps end before 24 November 2016

• has short gaps in lawful residence on or after 24 November 2016 but leave was granted in accordance with paragraph 39E of the Immigration Rules

• meets all the other requirements for lawful residence

The period of overstaying is calculated from the latest of the:

• end of the last period of leave to enter or remain granted

• end of any extension of leave under sections 3C or 3D of the Immigration Act 1971

***the point that a migrant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain[/b]

I have two breaks in my lawful residence which I have mention below.


10 years legal Stay History

04-02-2007 came to United Kingdom on tier4 visa

08-01-07 to 30-06-08 (tier4)
1st Visa Extension

29-07-08 to 30-09-09 (tier4)
2nd Visa Extension

01-12-09 to 25-08-10 (tier4)
3rd Visa Extension

06-09-10 to 31-12-11 ( Master of Business Administration)
Glyndwr University
4th Extension

Please note there was 8 months waiting time to receive PSW visa.

26-09-12 to 26-09-14 (Tier1 Post Study Work visa)

10-12-14 to 30-08-16 (tier 4)
6th visa extension College Revoked.

Curtailment letter received 08th July 2015 visa curtailed to 11th Sep 2015

Flr (fp) applied on 11th Sep 2015 with fee waiver application. Application came back as invalid. Refusing the fee waiver on 17th Oct 2015.


( 5 Days Gap in between invalid application and further leave to remain application made)

Flr (o) applied on 23rd Oct 2015 (well before in 28 days time period)
and varied to Flr (fp) on 16th Dec 2016.

Decision received on 7th June 2016 with the right of appeal to First Tier Tribunal with 14 days.

Appeal lodged on 17 June 2016 and permission denied as the refusal letter contradicts on front page and on other pages on 22nd Aug 2016.

(18 days gap between making the further leave to remain application made and permission to appeal denied)

Relevant rules I found



39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or

(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
*** (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.


https://www.gov.uk/government/publicati ... -residence
Top

Although I am three days exceeding the 14 days period due to laziness of solicitor.


Fresh application made on 10th September 2016 for Flr (fp) acknowledgement received and application is pending with home office.


Indifinite leave to remain application submitted on 9th December 2016. no acknowledgement received and fees hasn't deducted yet.



I have two kids 3 and 1 and my dependent husband has separate flr fp application pending with home office. please advise on my lawful residency whether it is continuous inline with the above rules or it has break.


many thanks

[CR001]

Please note there was 8 months waiting time to receive PSW visa.

An absence of 180 days or more breaks your continuity of residence.

[Ayeshaaron]

Hi CR001 thanks for your reply, I have total of 107 absence days and no other breaks.

[mahiku]

Hi,

Do I need to enter payment (card/bank details) into form, if I am going for premium appointment and paying online?

Cheers,
Mahiku

[CR001]

Hi,

Do I need to enter payment (card/bank details) into form, if I am going for premium appointment and paying online?

Cheers,
Mahiku

No

[Ayeshaaron]

Hi CR001 just realised your referred 8 months waiting time while home office was considering application As absence more than 180 days. Does it count as absence while you waiting in UK for outcome of application and visa is granted. Please advise me

[mdiqbal]

Hi CR001 just realised your referred 8 months waiting time while home office was considering application As absence more than 180 days. Does it count as absence while you waiting in UK for outcome of application and visa is granted. Please advise me

Dear, 100% not at all, the waiting time will not be counted.

[Ayeshaaron]

Thanks mdiqbal, any comment on original question please

[faysal_cu]

Dear members please help me

I have a question about my lawful long residence and 28 days overstay period, in light of the immigration rules follows where do I stand. I copied the line from home office website herehttps://www.gov.uk/government/uploads/system/up ... ce-v14.pdf

Breaks in lawful residence

This page tells you about circumstances that break lawful residence for long residence applications and when you can use discretion for short breaks in lawful residence.

Time spent outside the UK Gaps in lawful residence

You may grant the application if an applicant:

• has short gaps in lawful residence through making previous applications out of time by no more than 28 calendar days where those gaps end before 24 November 2016

• has short gaps in lawful residence on or after 24 November 2016 but leave was granted in accordance with paragraph 39E of the Immigration Rules

• meets all the other requirements for lawful residence

The period of overstaying is calculated from the latest of the:

• end of the last period of leave to enter or remain granted

• end of any extension of leave under sections 3C or 3D of the Immigration Act 1971

***the point that a migrant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain[/b]

I have two breaks in my lawful residence which I have mention below.


10 years legal Stay History

04-02-2007 came to United Kingdom on tier4 visa

08-01-07 to 30-06-08 (tier4)
1st Visa Extension

29-07-08 to 30-09-09 (tier4)
2nd Visa Extension

01-12-09 to 25-08-10 (tier4)
3rd Visa Extension

06-09-10 to 31-12-11 ( Master of Business Administration)
Glyndwr University
4th Extension

Please note there was 8 months waiting time to receive PSW visa.

26-09-12 to 26-09-14 (Tier1 Post Study Work visa)

10-12-14 to 30-08-16 (tier 4)
6th visa extension College Revoked.

Curtailment letter received 08th July 2015 visa curtailed to 11th Sep 2015

Flr (fp) applied on 11th Sep 2015 with fee waiver application. Application came back as invalid. Refusing the fee waiver on 17th Oct 2015.


( 5 Days Gap in between invalid application and further leave to remain application made)

Flr (o) applied on 23rd Oct 2015 (well before in 28 days time period)
and varied to Flr (fp) on 16th Dec 2016.

Decision received on 7th June 2016 with the right of appeal to First Tier Tribunal with 14 days.

Appeal lodged on 17 June 2016 and permission denied as the refusal letter contradicts on front page and on other pages on 22nd Aug 2016.

(18 days gap between making the further leave to remain application made and permission to appeal denied)

Relevant rules I found



39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or

(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
*** (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.


https://www.gov.uk/government/publicati ... -residence
Top

Although I am three days exceeding the 14 days period due to laziness of solicitor.


Fresh application made on 10th September 2016 for Flr (fp) acknowledgement received and application is pending with home office.


Indifinite leave to remain application submitted on 9th December 2016. no acknowledgement received and fees hasn't deducted yet.



I have two kids 3 and 1 and my dependent husband has separate flr fp application pending with home office. please advise on my lawful residency whether it is continuous inline with the above rules or it has break.


many thanks

okkk, sorry to say but ur 10years chain has been broken. i just point out shortly as other wise it will be a big essay...

Flr (fp) applied on 11th Sep 2015 with fee waiver application. Application came back as invalid. Refusing the fee waiver on 17th Oct 2015.###### immigration rules paragraph 34and 34 c says that :::


Invalid applications
34A. Subject to paragraph 34B, where an application for leave to remain does not meet the requirements of paragraph 34, it is invalid and will not be considered.
34B. (1) Where an application for leave to remain does not meet the requirements of paragraph 34(1)-(9), the Secretary of State may notify the applicant and give them one opportunity to correct the error(s) or omission(s) identified by the Secretary of State.
(2) Where paragraph 34B(1) applies, the error(s) or omission(s) identified must be corrected within 10 working days of the date on which the notification was sent.
(3) Subject to paragraph 34B(4), where an applicant does not comply with paragraph 34B(2), the application is invalid and will not be considered.
(4) The Secretary of State may exercise discretion to treat an invalid application as valid as long as the requirements of paragraph 34(3), (6) and (10) have been met.
(5) Notice of invalidity will be given in writing and served in accordance with Appendix SN of these Rules.

as theysays may which means some times they can give u 10 working days to correct sometimes not . in ur case they hvn't.
after that u made a new application which should be count as a out time application and by law u r not allow to vary ur out time application as its doesn't continue 3c or 3d. whatever most of the time homeoffice accept the variation and in this case they also did it.
as this was ur second applicationu must be grant visa to keep ur 10 years chain continue but unfortunetly urefused and ur appeal has been dismised which means ur 3c and 3d stop and ur clock has been stoped as well ( plz see the details of 3c and 3d section of long residency guide line and also look into in time application and out time application details with example on long residency guidelines. )

than u put fresh application and later u varied set lr. by my eye and the details of law ur clock has been stop but i hope and pray that case worker grant ur set lr.

ibliv u need to see some good solicitor and try to find a strong point abt their acceptof variation and stick with ur point.

best of luck.

[Ayeshaaron]

Hi faysal_cu,

Thanks for your reply, much appreciated. Just wanted to ask does points I marked with *** will protect me to keep my clock run for Long residence. Please shed some lights

[faysal_cu]

Hi faysal_cu,

Thanks for your reply, much appreciated. Just wanted to ask does points I marked with *** will protect me to keep my clock run for Long residence. Please shed some lights

the **** quote u ask for is


"***the point that a migrant is deemed to have received a written notice of invalidity, in line with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for further leave to remain[/b]


according to immigration law paragraph 34c is " 34C. A dependent applicant can be included on a main applicant’s application form where the application form allows the dependant to be included.


so according to my knowledge the true answer is no, sorry but thats the answer but as i said u can fight back according to their mistake because they accept ur variation which means they count ur application as in time application although its not. so their mistake is ur plus point and because of their mistake u spent ur time and money so they should accept ur consequences under the 3c and 3d immigration rules. i m pretty much sure home office will deny this but if u present nicely with proper logic and explanation , hope the result will turn into ur side.


*** (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

answer is no as ur appeal has been dismissed.

hope it will helpu a little bit. don't be down try ur best . hope everything will be ok to u.
thnx.