Long Residence - rules and guidance wording

farawayTom wrote: ↑

Wed Jul 10, 2024 9:17 am

Hi there. I have made an application (super priority) under the basis of the V4.0 guidelines, around 2 weeks ago. It was shunted into a "complex circumstances" box and I was told I'd hear back in a around 2 months.

I had absences of around 700 days before 11th Apr, so I'm hoping this gets processed under the V4.0 guidelines rather than the newly released V5.0 guidelines. Is there any historical precedent about which version of the guidelines should apply in my application? I'm really worried I just wasted £4000...! Wondering if I have any shot at this working out.

Thanks,

Tom

farawayTom wrote: ↑

Wed Jul 10, 2024 9:56 am

The V4.0 guidance contained the line "for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit".

My 10 year period extended up until end of June 2024 (aka, beyond 11 April 2024), therefore this rule applied and there should be no 548 day limit for my 10 year period.

This line has been removed from the V5.0 guidance. This feels like a material change in policy, regardless of whether they call it a "clarification".

farawayTom wrote: ↑

Wed Jul 10, 2024 10:41 am

In light of the contradiction/lack of clarity, do you reckon that in the instance of a rejection I’m likely to have good grounds for a refund?

I also know of people who were approved with >548 days whilst the previous advice was active, so it feels very inconsistent to allow some and deny others. Guess I’ll still hold out some hope

Polunychka wrote: ↑

Wed Jul 10, 2024 11:20 pm

Congratulations!

I have a few questions since I’m also waiting (since June 5th):

1. When did you pay for your appointment?
2. When was your biometrics appointment?
3. Did you have any discretionary factors that reduced the limit to 548 days, such as COVID, medical treatment abroad, etc.?
4. Did you provide a record of your absences, like a spreadsheet?
5. Did you file any complaints or contact your MP, or did you just receive the email today?

Thank you so much and congratulations again!​⬤

farawayTom wrote: ↑

Wed Jul 10, 2024 9:30 pm

In some absolutely astounding news, my ILR was actually granted today, at 4PM! I imagine they will now go through a process of approving everyone who applied under the temporary unclear guidance (assuming all other things are in order).

farawayTom wrote: ↑

Thu Jul 11, 2024 12:52 am

Polunychka wrote: ↑

Wed Jul 10, 2024 11:20 pm

Congratulations!

I have a few questions since I’m also waiting (since June 5th):

1. When did you pay for your appointment?
2. When was your biometrics appointment?
3. Did you have any discretionary factors that reduced the limit to 548 days, such as COVID, medical treatment abroad, etc.?
4. Did you provide a record of your absences, like a spreadsheet?
5. Did you file any complaints or contact your MP, or did you just receive the email today?

Thank you so much and congratulations again!​⬤

Thank you. Wishing you the best of luck with your application too.
1. Applied ~27th Jun, 2. Appt ~2nd July
3. None at all. Indeed, in my cover letter at the very top I stated something like ‘I have more than 548 days’ and also I had more than 180 days in a rolling window as well, which I also stated.
4. Yes, I had ~50 absences so I included a spreadsheet detailing all absences as well.
5. I did not, I was considering doing so if it took longer. I did however call the helpline today and asked them which immigration guidance I would be considered under, and they told me the one that was active when I applied. I doubt this impacted the application given it was just a couple hours before being granted, but you could try.

I hope your decision comes soon, and is positive. Best of luck. I’m going to try my hand at asking for the super purity refund too, but I won’t be too frustrated if that doesn’t work out. Do let me know if you have further questions.

zimba wrote: ↑

Thu Jul 11, 2024 2:42 am

farawayTom wrote: ↑

Wed Jul 10, 2024 9:30 pm

In some absolutely astounding news, my ILR was actually granted today, at 4PM! I imagine they will now go through a process of approving everyone who applied under the temporary unclear guidance (assuming all other things are in order).

Excellent It seems that they are exercising discretion for the errors they introduced themselves

Yes indeed. I'm in a forum of persons in similar situations that had their applications paused. The approvals are now flowing in since this morning.

Teksman wrote: ↑

Thu Jul 11, 2024 11:14 am

zimba wrote: ↑

Thu Jul 11, 2024 2:42 am

farawayTom wrote: ↑

Wed Jul 10, 2024 9:30 pm

In some absolutely astounding news, my ILR was actually granted today, at 4PM! I imagine they will now go through a process of approving everyone who applied under the temporary unclear guidance (assuming all other things are in order).

Excellent It seems that they are exercising discretion for the errors they introduced themselves

Yes indeed. I'm in a forum of persons in similar situations that had their applications paused. The approvals are now flowing in since this morning.