SET (LR) - Family Early Application? (PSC or Postal)

[fakhokhar]

Hi there,

I am currently 18 years old and me and my family (Father, Mother and Two Brothers) came to the UK on 22/07/2008. Me, my Mother and my brothers came as Dependents of my Father who came as Tier 4 (General) Student on 06/10/2007.

Since then we have always stayed legal and now we are nearly finishing our 10 year qualifying period. Our visa expires on 20/06/2018; meaning that my Father is qualifying for ILR under Long Residency in September (if you take the 28 day concession into account). The rest of us (dependents) are qualifying on 25/06/2018 for a SET (LR) application.

It is clear that there is a gap of 4-5 days until the dependents officially complete the 10 year period. We wanted to gain ILR at Premium Service Centre (PSC) but is this risky for us since when we go on the 20th, we still have 4-5 days remaining until we actually qualify. Our case has been very straightforward, renewing visa 3 times successfully from the UK and never breaking any laws or immigration rules. Personally, I've completed my primary and started my secondary education here, now preparing for University and one of my brothers is doing A Levels and the other one doing GCSEs. We have all maintained a private life too in the UK as we came here so young.

My father will be booking an appointment and getting his Settlement under LR at a PSC in coming weeks, but when he does that, where does that leave us (the dependents). Is it advised to send a postal application (this will exhaust a few days) and we will qualify for LR when the case worker makes a decision. But I wanted to hurry as I will be starting Uni in Sept 2018 and it will be so much easier to enroll as a 'Home' student with Indefinite Leave to Remain status. This means I can easily access the student loan, otherwise I will have to prove my worth and show I've been living here for over half of my life (new Student Finance England long residency rule). I just want to get my ILR before Sept 2018 and not wait 6 months + with a postal application.

If me, my mother and siblings all go to the PSC for our individual SET (LR) applications on the 20th, do you reckon we will all get ILR approved (even with the 4-5 day unfortunate gap). Our father is willing to come along with us (he will also have his ILR by then) and he has stayed our main applicant for the whole time we have been in the UK. I reckon our case is really strong and they should not refuse just on basis of missing few days. We don't want to put an FLR (Further Leave to Remain) application of 2 years either just to cover the 4-5 day gap.

What do you advise.
All replies will be appreciated.
Many thanks,
Faraz

[CR001]

Highly unlikely you will get approval if you are not within the 28 day period before completing 10 years residence. If you are refused, which is likely, you lose your application fee.

Best would be to apply by post as close to your visa expiry as possible and hope for the best.

You do realise that with your father applying for long residence, the dependents should be applying to switch to FLR(M), especially if you have travel plans outside the UK. If no travel plans, you should be ok to stay on your current visa.

[fakhokhar]

Hi.

Thanks for the reply.

Also since I will be needing my ILR as soon as, can I not send a postal application then upgrade it to a premium service. This will be better so I can go to Uni this year with ILR!

P.s do I have to take the English Language tests knowing that I have done my GCSEs and A Levels here. I was very young so it seems so illogical to get people like me to take these £150 B1 tests. I got grade A and Grade 5 in Speaking and Listening at GCSE in English Language.

Many thanks,
Faraz

[CR001]

Also since I will be needing my ILR as soon as, can I not send a postal application then upgrade it to a premium service. This will be better so I can go to Uni this year with ILR!

If you only came to the UK in July 2008, you DO NOT qualify for ILR yet. You can only apply next year, no sooner than 28 days before reaching 10 years, calculated from the date you ENTERED the UK. Upgrade request to premium is NOT always approved by HO.

P.s do I have to take the English Language tests knowing that I have done my GCSEs and A Levels here. I was very young so it seems so illogical to get people like me to take these £150 B1 tests. I got grade A and Grade 5 in Speaking and Listening at GCSE in English Language.

You will need to do the English B1 test from an HO approved test provider. GCSE and A Levels are not accepted.