Immigrationboards.com

Hi

I hope no-one minds if I start this thread. Basically I've gone through this board looking for information/experience of people applying under the 14 year rule but there is very little. Also with the new "postage application" only rule I thought it would be a good idea to post your timelines and generally support each other. I'll start:

Application Posted (via solictor): 19th January 2010
Acknowledgement Letter: 20th January 2010
Payment Deducted: 20th January 2010

.... the wait begins.

My main concern is running out of money if it takes longer than the promised 6 months as off course I can't work.

kiwigirl25 wrote:Hi

I hope no-one minds if I start this thread. Basically I've gone through this board looking for information/experience of people applying under the 14 year rule but there is very little. Also with the new "postage application" only rule I thought it would be a good idea to post your timelines and generally support each other. I'll start:

Application Posted (via solictor): 19th January 2010
Acknowledgement Letter: 20th January 2010
Payment Deducted: 20th January 2010

.... the wait begins.

My main concern is running out of money if it takes longer than the promised 6 months as off course I can't work.

Are you an illegal or legal but with lots of gaps?

The time it takes for HO to process it ireally depends how illegal or legal you are. If your 14 year stay is completely illegal I reckon it would take at least a year if not more. 10 year (legal) applicantions usually take 6 months on average.

good luck!

Thanks for your response.

A combination of legal and illegal, i.e. overstayed my visa. No gaps during that time and I have been able to provide documentation that covers the entire 14/15 years. I am now worried that it is going to take over a year and if I had known that I wouldn't have bothered paying all that money to a solicitor and the HO. If it takes longer than a year I will have to leave the UK therefore if my solicitor had told me from the outset it would take this long I would have used that money to settle debts and pay for my return home. The only reason I decide to go for my ILR is because I nothing to return to but if push came to shove I would have found a way to settle elsewhere... legally.

I've broken the law by staying here illegally so I don't expect special or priority treatment for my application. But it's seems to me people are quick to take your money, telling you that everything will be alright and you have a good case of being successful. After they've got your money then the "buts" start... "we've sent your application to the HO, who have taken your money but it's going to take up to 2 years for a decision". Is any illegal immigrant going to be able to afford to survive during that time? It would be wrong of me to find employment now because it wouldn't help my application. As I said I don't expect special treatment so I suppose I'll wait until either I get my ILR decisions or my bank account only has enough money to cover a flight home. Whatever comes first.

A close friend of mine's application took 18months to complete, and she was a student throughout the 10 years and not illegal. She was however able to continue on her status as a student as the application was being dealth with. It was very stressful for her having to wait through such uncertainties but there is nothing else one can do. If you want the status you just have to wait. Good luck and be patient.

Soontobe wrote:... be patient.

I'm not a very patient person, that's another problem!! I am a very active person and like to get involved in things. I quit my job in November (wanted a fresh start and didn't want to be working illegally whilst applying for ILR) and after 2 months of sitting around waiting I'm going stir crazy and I'm running out of free things to do in London. I want to get back to work!! Volunteering appears to be out of the question because they too need proof of legal immigration status.

Thank you for sharing your friends experience and your words of support. Maybe something I will learn during my wait is how to have patience

Soontobe wrote:A close friend of mine's application took 18months to complete, and she was a student throughout the 10 years and not illegal. She was however able to continue on her status as a student as the application was being dealth with. It was very stressful for her having to wait through such uncertainties but there is nothing else one can do. If you want the status you just have to wait. Good luck and be patient.

Wow!! 18months for 10yrs Legal Route?? How is that possible? that is just crazy

kiwigirl25 wrote:

Soontobe wrote:... be patient.

I'm not a very patient person, that's another problem!! I am a very active person and like to get involved in things. I quit my job in November (wanted a fresh start and didn't want to be working illegally whilst applying for ILR) and after 2 months of sitting around waiting I'm going stir crazy and I'm running out of free things to do in London. I want to get back to work!! Volunteering appears to be out of the question because they too need proof of legal immigration status.

Thank you for sharing your friends experience and your words of support. Maybe something I will learn during my wait is how to have patience

hmmm.... U might wanna take up meditation or something cos u will definitely need to work on your patience. I applied over 6 months ago 10yrs Lawful continuous residence and i am still waiting... I don't think i have ever exercised patience for this long before, but but know my only other option besides patience is Depression or possibly Madness...

Patience is definitely the appeal option right now, so good luck with your application

oluwa112 wrote: hmmm.... U might wanna take up meditation or something cos u will definitely need to work on your patience. I applied over 6 months ago 10yrs Lawful continuous residence and i am still waiting... I don't think i have ever exercised patience for this long before, but but know my only other option besides patience is Depression or possibly Madness...

Patience is definitely the appeal option right now, so good luck with your application

Reading through this board I don't think there is any sense surrounding the time scales. I read one post that a "14 year" app was approved in under a month; then another is still waiting after 3 years. Same with 10 years, some seem to get approved after 2 months while others, like you, are still waiting after 6 months.

Good luck to you too!! I hope you hear soon

kiwigirl25 wrote:

oluwa112 wrote: hmmm.... U might wanna take up meditation or something cos u will definitely need to work on your patience. I applied over 6 months ago 10yrs Lawful continuous residence and i am still waiting... I don't think i have ever exercised patience for this long before, but but know my only other option besides patience is Depression or possibly Madness...

Patience is definitely the appeal option right now, so good luck with your application :)

Reading through this board I don't think there is any sense surrounding the time scales. I read one post that a "14 year" app was approved in under a month; then another is still waiting after 3 years. Same with 10 years, some seem to get approved after 2 months while others, like you, are still waiting after 6 months.

Good luck to you too!! I hope you hear soon :)

I hear it's 2 to 3 years, but you do need to sure of no absences, and that you have never been issued with a removal order, whether you knew about it or not. These stop the ILR clock. Have you ever changed address? Did you request your SAR file from UKBA?

Wanderer wrote: I hear it's 2 to 3 years, but you do need to sure of no absences, and that you have never been issued with a removal order, whether you knew about it or not. These stop the ILR clock. Have you ever changed address? Did you request your SAR file from UKBA?

I have no absenses and have been able to prove that. I have my original passport with my entry stamp and original work permit to prove I entered legally. I have never been issued with a removal order & I've recently had a criminal record check and it came up clean.

I have changed address on many occasions due to tenancy agreements ending and relocation for my job. Never to run away from immigration. But I included copies of council tax bills and statements from these address. Is that a problem? SAR I used a solicitor to process my app and he never mentioned that.

Apart working & living illegally in this country I've done everything else above board. Paid council tax (and other utlilities), tax and NI. I have never default on any debt. I have been able to supply P60s and/or payslips from the time I entered the country. 12 years worth of mortgage statements for my property (which I brought when I was legal). Registered with doctors, and had many dealings with the police due to being a victim of thief many things. I thought I would have been questioned then about my legal status. Apart from my illegal status, I've been a good citizen.

You do have me worried about the address changes and this SAR

First I want to thank you all for your advice and best wishes. I too wish you all the luck in the world if you are applying for your ILR. But I started this thread because I realised I had a very long wait ahead of me and I wanted to speak to similar people for support as I am very much alone in all this. Much to my surprise people have been kindly offering advice which I am more than grateful for. So before more advice is given here's the history of my situation.

First travelled to the UK on a working holiday visa in 1990 and mainly travelled. Returned to NZ in 1991 due to a family illness, fully expecting to stay but family problems prompted me to completed my "working holiday" in 1993, UKBA gave me another year. I was offered a permanent and my employer knew my immigration status. Family problems escalated with my sister being physically abused by my parents and forced out of the home. With this happening back home I was too scared to go back so when my visa ended in 1994 and sat and waited for either my employer to ask me to leave or the letter from UKBA asking to voluntarily go. None of this happened, time moved on rapidally and 16 years later I'm still here. For those 16 years I have paid income tax, NI and council tax and have not once broken the law, apart from the obvious. Completely paid my way, not once relied on the state and not defaulted on any debts. As I said in my last post I have had many dealings with the police but as a victim of thief. I have had all the financial and criminal checks due to my profession and not once has my illegal status arisen.

Last year I had enough of living a lie, waiting to be caught and working in a job I hated, therefore wanted out. I only discovered about the 14 year policy by accident when I was researching what the penalties would be for overstaying. Phone an immigration solicitor for advice and was told I had a good case. I had two options to stay put or to go for it. The latter seemed the right thing to do so I quit my job with enough savings to last me a year so I could concentrate on my ILR. Not once did my solicitor tell me that the timescales could be longer than 6 months!! At the moment I think it would have changed my mind. But I am already on that journey so I will continue until the worse happens.

The documents I sent with my application are (please note I submitted my application via a solicitor):

P60s/Payslips since 1993 to current (I have not been unemployed)
Bank Statements for 3 months (as stated in the UKBA checklist - but if they take 2 years to process they will be out of date)
PD11s - another proof of continuous employment and income tax contributions
Mortgage statements for 12 years
My degree certificate - I completed my university education in the UK
References from friends and work colleagues
Life in UK test pass certificate
Passport with entry stamp and original visa
Current passport
Council tax bills since 1993 (though some are missing)
Land Registry documentation proving I am the owner of my property
And another random documentation I thought would be helpful.

The only documentation I could not provide was tenancy agreements from 1993-1998 as I was flat sharing during that time and my flatmate held the agreement. I have had absolutely no absences since my arrival in 1993. I've actively participated in charity fund raising and supporting the local community.

Now I'm sitting here waiting patiently, trying not to go crazy. Thought I would be able to do volunteer work while I waited but was very wrong. Hoping I'm one of the very lucky ones who get their decision sooner rather than very later.

Any advice or comments greatly appreciated.

Is it not possible for you to return to NZ and apply under Tier 1 or Tier 2? Do have Masters?

I know you are feeling you cant waste the 14 years but this rule is like bottom of the pile, 'deal with when I can' stuff for the HO - it's a long time in limbo...

Have you no UK/EU partner?

Wanderer wrote:Is it not possible for you to return to NZ and apply under Tier 1 or Tier 2? Do have Masters?

I know you are feeling you cant waste the 14 years but this rule is like bottom of the pile, 'deal with when I can' stuff for the HO - it's a long time in limbo...

Have you no UK/EU partner?

I don't have a Masters and I feel that if I return to NZ that is the end. I've also paid a lot of money for this application so it to end it now would be a waste. Why would they give someone that was illegal for so long an ILR under Tier 1 or Tier 2?

No UK/EU partner, very difficult to maintain such a relationship when you're living a lie. They want to travel and you can't. Plus the implications for them being attached to an illegal...

I will wait for as long as I possible can. I have to remain hopeful now that I've come this far