A few questions - Average time periods - Set (LR)

[Owl333]

Hi,

Please answer the questions stated below briefly. I am extremely insecure so I would like to know how much time will I have in the 'worst possible scenarios'

1. On average, what's the minimum time for the UKBA to come up with a verdict on a Set (LR) or FLR (FP) application?

2. On average, what's the minimum time given to file an appeal, if an appeal is allowed?

2a. Is an appeal usually allowed in the above mentioned visa applications?

2b. On average, what's the minimum time taken to give a decision on the appeal filed?

3. On average, what's the minimum time given to file for an Administrative review?

4. On average, what's the minimum time taken to make a decision on an Administrative review by the UKBA?

I am assuming that under an appeal or an administrative review, section 3c holds valid and thus, one can apply for the ILR, if a short gap needs to be covered before applying.

Is that correct?

By the way, is it necessary for the very last application to cover the gap of a couple of months to be successful?

I feel it is unfair of the Home Office to expect immigrants to spend money on an extra visa application to cover short gaps to be eligible for the ILR. A discretionary period of 60 to 90 days should be allowed. Nobody can time their last application right to directly reach their eligibility date.

[Owl333]

Note: Hopefully, I will not be needing to apply in the above mentioned categories, as I am likely to secure the required letter for my next visa extension. Therefore, the following are hypothetical questions just to know where will I stand if I don't receive the letter.

[Owl333]

The above are*

Sorry, just correcting an error.

[CR001]

Usually useful if you post your full UK immigration history if you expect advice, for hypothetical questions/scenarios, from members on the forum who don't know you or your circumstances.

[Owl333]

Tier 4 student visa from Nov 2008 till December 2010

Post-study work visa from Jan 2011- Dec 2012

Student visa for PhD Jan 2013 to 31st July 2018 (PhD thesis is submitted but I had to file a formal complaint against the University with the some serious evidence for being unfair about something. Even though I am confident that I will win the case, I don't trust the University. They may stoop to the lowest level and try to cancel my sponsorship in the meantime). The latter is highly unlikely but still makes me worry.

Both my doctorate and career aspirations are stake here so naturally, I am feeling extremely concerned/worried/stressed/insecure about my future.

The answers to my initial questions and any relevant suggestions will be greatly appreciated.

[Owl333]

Please reply.

[Owl333]

A humble request, can a few senior or knowledgeable members please reply here

[Owl333]

Usually useful if you post your full UK immigration history if you expect advice, for hypothetical questions/scenarios, from members on the forum who don't know you or your circumstances.

I have provided the requested information.

I would be really grateful, if you could reply whenever it is convenient for you.

Thank you.

[zimba]

We cannot help you on the timelines. An ILR application timeframe is 26 weeks officially. AR usually takes 30 days. Appeal can take months and even to few years.

I am assuming that under an appeal or an administrative review, section 3c holds valid and thus, one can apply for the ILR, if a short gap needs to be covered before applying.

Yes

By the way, is it necessary for the very last application to cover the gap of a couple of months to be successful?

Depends

I feel it is unfair of the Home Office to expect immigrants to spend money on an extra visa application to cover short gaps to be eligible for the ILR. A discretionary period of 60 to 90 days should be allowed. Nobody can time their last application right to directly reach their eligibility date.

That is not how the rules work. If you do not have the required lawful residence, you are NOT eligible. You get 28 days to apply before being eligible though. HO never asked people to apply for extra applications

[Owl333]

Thank you for your reply, @zimba88. Means a lot!

You stated:

We cannot help you on the timelines. An ILR application timeframe is 26 weeks officially. AR usually takes 30 days.

Appeal can take months and even to few years.

Is there usually a chance of appeal given to the applicant on a SET (Leave to remain) application?

My previous question:

By the way, is it necessary for the very last application to cover the gap of a couple of months to be successful?

Your answer: Depends.

I would like to know on what? In the 'worst possible scenario' I am planning to apply for a Set (Leave to remain) application and then vary it to the ILR application on the very first day I am eligible.

Let's say, I don't get the letter from the University and apply for Set (Leave to Remain) application and God forbidden, it gets rejected within a month on the grounds that I have applied a couple of months in advance, how many days are usually given to the candidate to apply for an Administrative review or to file his appeal?

In your opinion, is this the best way forward, if in case I did not get the required letter from the University?

[CR001]

I am planning to apply for a Set (Leave to remain) application and then vary it to the ILR application on the very first day I am eligible.

Not sure what you are asking about as there is no visa category of 'Set (leave to remain)' or any form of this sort!!

[Owl333]

I am planning to apply for a Set (Leave to remain) application and then vary it to the ILR application on the very first day I am eligible.

Not sure what you are asking about as there is no visa category of 'Set (leave to remain)' or any form of this sort!!

Ops, sorry. I am talking about the application which applicants usually file for settlement, when they don't meet the requirements of an ILR, for instance, either they haven't passed the Life in UK test or they don't have the English language certificate etc.

I have both. My only issue is that I 'may' have to apply a couple of months in advance.

By the way, I have overwhelming evidence that my University has breached their own regulations. This happened after I had submitted my PhD thesis to them. I am very crossed with them as due to their administration failures and 'misrepresentations', I am still not done with my doctorate.

Anyway, I have already filed a formal complaint and if I did not get justice, I will take it further. Ideally, I want to secure my doctorate as soon as possible and then apply for the Doctorate Extension Scheme.

However, let's say, if the University continues to be unfair and I take them to court to get justice, would I be able to use this a 'good/valid reason' for the UKVI to consider and provide me a brief visa to deal with my case?

In the worst possible scenario, I am planning to add the details of the lawsuit and any date given to me of a 'court hearing' in my application.

P.S. I am just being proactive, God willing, nothing of this sort will be required and I will be a doctor with full rights to work and live in Britain soon, so that I can finally be in a position to return the favour to this country

[Owl333]

Sincere apologies about the confusion again.

The correct name of the application:

Form FLR(LR) must be used if you are applying for
an extension of stay in one of the following
categories:

• Long Residence

https://www.gov.uk/government/publicati ... form-flrlr

[zimba]

Is there usually a chance of appeal given to the applicant on a SET (Leave to remain) application?

Only under SET(LR)

My previous question:
By the way, is it necessary for the very last application to cover the gap of a couple of months to be successful?
Your answer: Depends.
I would like to know on what? In the 'worst possible scenario' I am planning to apply for a Set (Leave to remain) application and then vary it to the ILR application on the very first day I am eligible.

Yes

Let's say, I don't get the letter from the University and apply for Set (Leave to Remain) application and God forbidden, it gets rejected within a month on the grounds that I have applied a couple of months in advance, how many days are usually given to the candidate to apply for an Administrative review or to file his appeal?

14 days

In your opinion, is this the best way forward, if in case I did not get the required letter from the University?

Most try FLR(FP) then vary to SET(LR).

[Owl333]

Thanks, @Zimba88!

[Owl333]

On the FLR (FP), is there a right to appeal?

By the way, let's say if I want to tell the Home Office that my University has committed acts of misrepresentations and wasted my precious time with evidence and that's why I should be allowed to stay while I am not done with my PhD for a bit longer, then which application do I have to submit?

I was supposed to secure the Doctorate extension Scheme visa last year but courtesy of what I had to go through, I am still not done with my PhD and stuck on the Tier 4 visa.

If the university continues to be unfair, I am likely to get justice by taking legal action. However, in this case, I would like to know, does the Home Office allow immigrants to stay in the country if they have a hearing in the court of law in the near future? I feel I should tell the Home Office what this University has done so that they can audit their procedures and as a consequence other students may save themselves from what I had to experience.

If yes, which application will be the most appropriate?

To be honest, I am vexed because I am not done with my PhD due to this University's various administration failures along with misrepresentations (the latter is very serious) and right in the end, I was pushed to file a formal complaint in an 'opinion based industry' So naturally, I am worried that the complaint may have a negative impact on my prospective doctorate. I even have evidence of their complaints' team breaching their own regulations.

[zimba]

Appeal right is ONLY given in human right cases. This applies largely to FLR(HRO) and SET(LR) cases. You are many months away from completing your 10 years and unlike the past, you get no automatic appeal rights. You can try FLR -> SET(LR) route but there is no guarantee and possibly you will be rejected in few months. It is far more difficult to stay lawfully without having a very good reason

[Owl333]

Appeal right is ONLY given in human right cases. This applies largely to FLR(HRO) and SET(LR) cases. You are many months away from completing your 10 years and unlike the past, you get no automatic appeal rights. You can try FLR -> SET(LR) route but there is no guarantee and possibly you will be rejected in few months. It is far more difficult to stay lawfully without having a very good reason

Thank you for your reply, @Zimba.

1. In which application, can I mention the bit about the university to the Home Office?

2. Do you think it is a good idea for me to mention the University bit apart from mentioning the reasons in support of my established private life in UK?

[zimba]

1. In which application, can I mention the bit about the university to the Home Office?

In a covering letter. However that will not be a basis for HO to extend your stay in the UK

2. Do you think it is a good idea for me to mention the University bit apart from mentioning the reasons in support of my established private life in UK?

Private life has a specific meaning that is at least 10 years of lawful residence in the UK.
You are looking for ways to buy some time to be clear. You do not seem to have any basis to extend your stay or apply under private life at the moment

[Owl333]

Thank you for your reply, zimba88.

As I said earlier:

''Hopefully, I will not be needing to apply in the above mentioned categories, as I am likely to secure the required letter for my next visa extension.''

However, I am trying to assess what needs to be done if my University continues to be unfair aka in the worst possible scenario. I feel I have overwhelming evidence which proves the misrepresentations committed by the University and if I am pushed, I will take them to court, however, I need to ensure that the HO allows me to fight my case here.

I have worked really hard for my PhD and I will do everything in my capacity to secure it. Besides, once I am done, I will be eligible for the DES then. My insecurity is triggered by the University's unfair treatment and I expect the HO to look at the case and be fair. In normal circumstances, I should either be getting a Tier 4 extension or DES. If not, then I just have to inform the HO, what has happened. Besides, since I have lived in the UK for a long time, I naturally have an established life here.

[CR001]

However, I am trying to assess what needs to be done if my University continues to be unfair aka in the worst possible scenario. I feel I have overwhelming evidence which proves the misrepresentations committed by the University and if I am pushed, I will take them to court, however, I need to ensure that the HO allows me to fight my case here.

I have worked really hard for my PhD and I will do everything in my capacity to secure it. Besides, once I am done, I will be eligible for the DES then. My insecurity is triggered by the University's unfair treatment and I expect the HO to look at the case and be fair. In normal circumstances, I should either be getting a Tier 4 extension or DES. If not, then I just have to inform the HO, what has happened. Besides, since I have lived in the UK for a long time, I naturally have an established life here.

You are repeating the same question/statement. You have been given advice on your hypothetical questions and what options there are, we cannot give any more than what has already been given.

[Owl333]

In addition, once I have secured the ILR, I don't have to worry about visas and just deal with the University directly and do what is required for me to secure my PhD.

[Owl333]

[/quote]
You are repeating the same question/statement. You have been given advice on your hypothetical questions and what options there are, we cannot give any more than what has already been given.
[/quote]

Thank you for your reply, CR001

I am just really worried/stressed as both my doctorate and career aspirations are at stake here. I am surprised that there is 'no appropriate visa category' which I can use to specifically tell the HO that this is what their International sponsorship license holder has done etc.

[CR001]

You have been given advice about a visa category. You might not qualify for it though.

Not sure what 'appropriate visa category' you are wanting or hoping exists??

[Owl333]

@CR001 I was thinking that if the 'sponsorship license holder of international students' of the HO does something inappropriate (in this case, committed misrepresentations) then an international student who is sponsored by that license holder/institution should be allowed to inform the HO about what they have done with evidence and subsequently deal with his case while it is pending in the court of law etc. by being on some special visa.

By the way, I am very thankful to both you and Zimba88 for responding to my query. Thank you for your patience, time and suggestions. As I said, I am extremely stressed so I apologise for being a bit repetitive.