6 month short in ILR

[manpreetkaur]

I want to apply for ILR ( 10 years long residency). I have spent my time in UK on Tier 4, Tier1(post study work visa), and now I am currently on TIER 5(Government Exchange programme,12 month) which is about to expire in March 2017. I will be eligible to apply for ILR in august 2017.
My problem is that in order fulfil the eligibility for 10 years long residency, I need further 6 or 5 months to complete.
After searching many forms, I have found out that I would be able to approach this through
>> private life in UK
>> Home office discretionary leave

But I am not sure and very confused on how to start the process and what type of documents/letters to HO is required and what sort of form should I fill.

I was just wondering if anyone else in this group had faced the similar situation and what steps he/she took. Please do respond.
Thanks

[Casa]

Do you have family in the UK, children, compelling & compassionate reasons why you can't return to your home country when your current visa expires.
Simply preferring life here won't be anywhere close to sufficient reason to grant you a Discretionary Leave visa to fill your 6 month gap to reach 10 years.

[manpreetkaur]

Hi Casa
Thank you so much for your prompt reply. I recently got married in January 2015 and my husband joined me in UK in April 2015 and we have been living together since then in UK. i dont have any other family members staying here.
>>should i approach solicitors on this matter?
>>Is there any other options available for me?
>>which form to use for getting stay on the basis of Private life?

[Casa]

If your husband only joined you just over a year ago, you have even less chance of qualifying under 'Private Life'.

The application is FLR(FP) private life 10 year route.

However, it may be wise to read through the Immigration Rules to appreciate what hurdles you are facing before taking the next step.
In particular:
(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

https://www.gov.uk/guidance/immigration ... categories

[manpreetkaur]

Dear Casa
Thank you so much once again.Good information and i will read it thoroughly before taking any further step.
i still have plenty of time for applying visa through private life as my visa is expiring in march 2017. I will keep my further steps and information posted here.

If any one else in this forum had same issue and have solution, I request you to please share your experience and steps you have taken. any help would be much appreciated.

[helpingperson]

Just a suggestion that OP may be able to buy time for few months on FLRFP and then apply early for ILR as many have done on this forum. OP don't need to have successful application for FLRFP but just keep it in process to buy time and then vary to ILR as many have done here already.

[noajthan]

Just a suggestion that OP may be able to buy time for few months on FLRFP and then apply early for ILR as many have done on this forum. OP don't need to have successful application for FLRFP but just keep it in process to buy time and then vary to ILR as many have done here already.

Frivolous and/or vexatious FLR(FP)s are closed down pretty quickly nowadays.

[helpingperson]

No harm in trying and 6 months is not a lot. Many here have done this way.

OP has no easy option to get visa to get valid leave for 6 months. Even ILR applications are taking 6 months to process. OP can apply 28 days before 10 years of being in UK.

Need little bit of luck.

[Casa]

Just a suggestion that OP may be able to buy time for few months on FLRFP and then apply early for ILR as many have done on this forum. OP don't need to have successful application for FLRFP but just keep it in process to buy time and then vary to ILR as many have done here already.

Frivolous and/or vexatious FLR(FP)s are closed down pretty quickly nowadays.

In fact note that 'vexatious and frivolous' applications (for example to buy time), are now included in 'frustrating the intentions of the Immigration Rules' as a reason to refuse future visa applications, whether valid or not.

See 3. RFL7.3 What are aggravating circumstances?

https://www.gov.uk/government/publicati ... raph-32011

[manpreetkaur]

Thank you so much everyone for your valuable suggestions and information.

Please advice what are the obligations if I apply for FLR O with a Covering letter and when the decision is pending then vary it with other application such as SET O AND in the final apply for Varying to SET LR within 28 days before completing 10 years- ( please suggest if it is the correct way)

[Casa]

Just a suggestion that OP may be able to buy time for few months on FLRFP and then apply early for ILR as many have done on this forum. OP don't need to have successful application for FLRFP but just keep it in process to buy time and then vary to ILR as many have done here already.

Frivolous and/or vexatious FLR(FP)s are closed down pretty quickly nowadays.

In fact note that 'vexatious and frivolous' applications (for example to buy time), are now included in 'frustrating the intentions of the Immigration Rules' as a reason to refuse future visa applications, whether valid or not.

See 3. RFL7.3 What are aggravating circumstances?

https://www.gov.uk/government/publicati ... raph-32011

The same problem as above.