10 years long residence applications

[SJ307]

hi guys, anyone who's families are pre july 2012 applicants. We are a group of almost 25 people and looking for around 70 people to join. Because we are going to challenge this this rule of 5 years for our families who came before july 2012. If anyone interested please do reply me so we can discuss this. We already have found top barrister for this case.

When you say, pre july 2012 applicants, do you mean people who got their dependent visa before July 2012?
This may be so obvisous, but can you please clarify the point above for the benefit of many others like me.

[saleem19k]

Salam Forum,
I tried to download application form (SET LR) but website still showing 12/2014 form. Any idea guys when HO will upload new version (01/2015) application form.


Kind Regards,

Saleem

[Spatacus]

Salam Forum,
I tried to download application form (SET LR) but website still showing 12/2014 form. Any idea guys when HO will upload new version (01/2015) application form.


Kind Regards,

Saleem

Hello Saleem, for your info, there is no any other newer version other than this one at the moment,,,,,click the link below.
https://www.gov.uk/government/uploads/s ... _12-14.pdf

If there is a newer version HO will make it accessible on their website. At the moment just use 12/2014 version if you are submitting tomorrow.

[shahfurqan]

many many congratulations dear spactus for getting your approval finally,am really feeling happy for you and please do not forget to keep praying for us.may almighty bless us all.maddy you are not far and then me In Sha Allah

[Malibu.B]

Hello Forum Members,
Congratulations to those who have received their ILR recently. More positive results hopefully from August applicants this month.

[Malibu.B]

Hope I get mine soon since almost all August Applicant have received theirs. Fingers crossed this week maybe or probably more waiting.....

[Malibu.B]

many many congratulations dear spactus for getting your approval finally,am really feeling happy for you and please do not forget to keep praying for us.may almighty bless us all.maddy you are not far and then me In Sha Allah

Congratulations Spatacus. Well deserved. Please pray for us who are still waiting.

[saleem19k]

Spatacus » Mon Jan 05, 2015 6:03 pm



saleem19k wrote:Salam Forum,
I tried to download application form (SET LR) but website still showing 12/2014 form. Any idea guys when HO will upload new version (01/2015) application form.


Kind Regards,

Saleem

for your info, there is no any other newer version other than this one,,,,,click the link below.
https://www.gov.uk/government/uploads/s ... _12-14.pdf



Thanks spatacus,
Last year 2014 every single month HO change application form version. i don't mind to download and submitted my application to HO but wondering later on they can raise objection. Please tell me what should I do wait or send all documents with old version application form. I look forward to hear from you soon.....

Kind Regards,
Saleem

[visaforus]

Hello ,

Sorry I did not update our status (my Husband's ILR application sent on 26th August 2014)
We unfortunately received a refusal on 23rd Dec 14

But our Tier 1 General visa is valid till Jan 2016 for when they have stated we can apply ILR again

However we are not convinced with the reasons the have given for the Refusal. IF ANY seniors members can offer advice,we will be very very grateful.

The case has been handled by a junior case worker. On one page where he has listed husband's immigration history he has stated some information completely wrong. He has stated that his visa has been rejected on 3 occasions in the last 10 years, where as my husband has got not even on rejection. I will clarify further.

The first place he mentions rejection is
"On 26 October 2006 you applied for further leave as a student and your leave was rejected on 30 November 2007"

BUt, in my husband's pp there is a valid visa continuous from Visa from: 18 Nov 2006 , Valid upto :30 Nov 2007

and funny part it was during this period my husband traveled to India twice once in Jan for our engagement and once in Apr for out marrriage, How could he travel if his pp was with Home office

Next 2 rejections: They were not actually rejections as we applied for student visa on March 2009 , the application came back saying the my(dependent's) photo had a slight smile and it was not in line with guidelines, in the ukba letter it stated ' Arrangements will be made to refund the paid fee if we have not received a valid application within 28 days within the date of this letter.' No where we were told that our application is rejected.

But unfortunately for us, may be we were tensed cause it came back, when we sent the fresh application in April 2009, But again the application was returned saying invalid ,as in the dependents application one particular question we by mistake missed a tick on Q.D26, and it was question asking if the dependent's leave as stated in the passport has now expired , (which was No)


But yet again they send as an enclosed application and asked us to fill and send back. and we have had no letter saying visa is REJECTED (sorry for the bold letters)

so this guy says the time from March 2009 the first time we send the application to the time our second application got approved in July 2009, Although we may have been staying in the country, it was 'unlawful'


We thought any period of days where the application is considered or time given to re submit is lawful. If it was rejected we should have left the country that time itself as we had no other visa but the fact is no decision was made and we were just asked to re send the applications on both occasions.

Now, we are confused and pained as we thought his was a straight forward case as he never had any rejections or out of time applications,

the case worker though claims that the second time we re send the application it was out of time. is his point valid ??


We have not been given a right to appeal, it says as we still have a valid visa, but we can discuss the case with a senior case worker if we wish.

One rejection on the letter is completely untrue and the second and third are not also actual rejections . Please can some one guide can we question them on this. and have we been un lawfully in the country during waiting for the application and re applying within the period they stated.


Sorry for the long post. Senior members please help!!

Thanks

[Spatacus]

Spatacus » Mon Jan 05, 2015 6:03 pm



saleem19k wrote:Salam Forum,
I tried to download application form (SET LR) but website still showing 12/2014 form. Any idea guys when HO will upload new version (01/2015) application form.


Kind Regards,

Saleem

for your info, there is no any other newer version other than this one,,,,,click the link below.
https://www.gov.uk/government/uploads/s ... _12-14.pdf



Thanks spatacus,
Last year 2014 every single month HO change application form version. i don't mind to download and submitted my application to HO but wondering later on they can raise objection. Please tell me what should I do wait or send all documents with old version application form. I look forward to hear from you soon.....

Kind Regards,
Saleem

Hello Saleem,
there is no 2015 SET LR form at the moment. The link I provided in my last reply was the only latest form on UKBA website. If you are submitting your Long Residence application tomorrow just download it and fill all sections correctly including all the required supporting documents and post it to the address on the form.
However if you are applying after tomorrow then I will advise you to continue to check HO website for any updated form.
Hope this clarifies things for you.

[Spatacus]

Hello ,

Sorry I did not update our status (my Husband's ILR application sent on 26th August 2014)
We unfortunately received a refusal on 23rd Dec 14

But our Tier 1 General visa is valid till Jan 2016 for when they have stated we can apply ILR again

However we are not convinced with the reasons the have given for the Refusal. IF ANY seniors members can offer advice,we will be very very grateful.

The case has been handled by a junior case worker. On one page where he has listed husband's immigration history he has stated some information completely wrong. He has stated that his visa has been rejected on 3 occasions in the last 10 years, where as my husband has got not even on rejection. I will clarify further.

The first place he mentions rejection is
"On 26 October 2006 you applied for further leave as a student and your leave was rejected on 30 November 2007"

BUt, in my husband's pp there is a valid visa continuous from Visa from: 18 Nov 2006 , Valid upto :30 Nov 2007

and funny part it was during this period my husband traveled to India twice once in Jan for our engagement and once in Apr for out marrriage, How could he travel if his pp was with Home office

Next 2 rejections: They were not actually rejections as we applied for student visa on March 2009 , the application came back saying the my(dependent's) photo had a slight smile and it was not in line with guidelines, in the ukba letter it stated ' Arrangements will be made to refund the paid fee if we have not received a valid application within 28 days within the date of this letter.' No where we were told that our application is rejected.

But unfortunately for us, may be we were tensed cause it came back, when we sent the fresh application in April 2009, But again the application was returned saying invalid ,as in the dependents application one particular question we by mistake missed a tick on Q.D26, and it was question asking if the dependent's leave as stated in the passport has now expired , (which was No)


But yet again they send as an enclosed application and asked us to fill and send back. and we have had no letter saying visa is REJECTED (sorry for the bold letters)

so this guy says the time from March 2009 the first time we send the application to the time our second application got approved in July 2009, Although we may have been staying in the country, it was 'unlawful'


We thought any period of days where the application is considered or time given to re submit is lawful. If it was rejected we should have left the country that time itself as we had no other visa but the fact is no decision was made and we were just asked to re send the applications on both occasions.

Now, we are confused and pained as we thought his was a straight forward case as he never had any rejections or out of time applications,

the case worker though claims that the second time we re send the application it was out of time. is his point valid ??


We have not been given a right to appeal, it says as we still have a valid visa, but we can discuss the case with a senior case worker if we wish.

One rejection on the letter is completely untrue and the second and third are not also actual rejections . Please can some one guide can we question them on this. and have we been un lawfully in the country during waiting for the application and re applying within the period they stated.


Sorry for the long post. Senior members please help!!

Thanks

Hello so sorry to hear about your husbands rejection for ILR. However I will advise you to obtain your husbands SAR report that way you can verify all the dates his previous applications was made. Once you get the SAR report and there is discrepancies in the report from the reasons given on the rejection letter then we can advise you more on the next step to follow.

[Spatacus]

many many congratulations dear spactus for getting your approval finally,am really feeling happy for you and please do not forget to keep praying for us.may almighty bless us all.maddy you are not far and then me In Sha Allah

Congratulations Spatacus. Well deserved. Please pray for us who are still waiting.

Thank you Malibu.B

[saleem19k]

Thanks Spatcaus,

I understand now wait till friday bcoz 9 years 11 month going to complete end of this week. Thanks alot.


Kind Regards,

Saleem

[Spatacus]

many many congratulations dear spactus for getting your approval finally,am really feeling happy for you and please do not forget to keep praying for us.may almighty bless us all.maddy you are not far and then me In Sha Allah

Thanks shahfurqan. Much appreciated. I will keep all those who are waiting in my prayers. It is very disturbing when you are close to decision time. Hope everyone gets their approval soon.

[Spatacus]

Thanks Spatcaus,

I understand now wait till friday bcoz 9 years 11 month going to complete end of this week. Thanks alot.


Kind Regards,

Saleem

No worries just wait till Friday and check again if there is no change in the version then you can submit the version 12/2014.
I wish you good luck. Be patient while you wait for your approval.

[visaforus]

Thank you for the prompt reply @Spactacus. Will do that and get back

Many thanks

[shahfurqan]

Hello ,

Sorry I did not update our status (my Husband's ILR application sent on 26th August 2014)
We unfortunately received a refusal on 23rd Dec 14

But our Tier 1 General visa is valid till Jan 2016 for when they have stated we can apply ILR again

However we are not convinced with the reasons the have given for the Refusal. IF ANY seniors members can offer advice,we will be very very grateful.

The case has been handled by a junior case worker. On one page where he has listed husband's immigration history he has stated some information completely wrong. He has stated that his visa has been rejected on 3 occasions in the last 10 years, where as my husband has got not even on rejection. I will clarify further.

The first place he mentions rejection is
"On 26 October 2006 you applied for further leave as a student and your leave was rejected on 30 November 2007"

BUt, in my husband's pp there is a valid visa continuous from Visa from: 18 Nov 2006 , Valid upto :30 Nov 2007

and funny part it was during this period my husband traveled to India twice once in Jan for our engagement and once in Apr for out marrriage, How could he travel if his pp was with Home office

Next 2 rejections: They were not actually rejections as we applied for student visa on March 2009 , the application came back saying the my(dependent's) photo had a slight smile and it was not in line with guidelines, in the ukba letter it stated ' Arrangements will be made to refund the paid fee if we have not received a valid application within 28 days within the date of this letter.' No where we were told that our application is rejected.

But unfortunately for us, may be we were tensed cause it came back, when we sent the fresh application in April 2009, But again the application was returned saying invalid ,as in the dependents application one particular question we by mistake missed a tick on Q.D26, and it was question asking if the dependent's leave as stated in the passport has now expired , (which was No)


But yet again they send as an enclosed application and asked us to fill and send back. and we have had no letter saying visa is REJECTED (sorry for the bold letters)

so this guy says the time from March 2009 the first time we send the application to the time our second application got approved in July 2009, Although we may have been staying in the country, it was 'unlawful'


We thought any period of days where the application is considered or time given to re submit is lawful. If it was rejected we should have left the country that time itself as we had no other visa but the fact is no decision was made and we were just asked to re send the applications on both occasions.

Now, we are confused and pained as we thought his was a straight forward case as he never had any rejections or out of time applications,

the case worker though claims that the second time we re send the application it was out of time. is his point valid ??


We have not been given a right to appeal, it says as we still have a valid visa, but we can discuss the case with a senior case worker if we wish.

One rejection on the letter is completely untrue and the second and third are not also actual rejections . Please can some one guide can we question them on this. and have we been un lawfully in the country during waiting for the application and re applying within the period they stated.


Sorry for the long post. Senior members please help!!

Thanks

from your dates you mentioned in your post seems to be the biggest blunder of the HO they done and one must not rule out the mistakes does by HO.i agree with you that if an application comes back to applicant which says invalid due to any reason and the letter says to submit it within twenty eight days,does not break the continuity of residence if submitted within twenty eight days as this is exactly what the consolidate immigration act says.my advise is to seek some legal assistance besides they have not given you right of appeal as this clearly seems to be HO mistake.

[visaforus]

@shahfurqan, Thank you

Yes will In sha allah follow it up , we are bit annoyed with the HO. And also get the SAR as advised, and I was thinking same to get some legal help.
Also with the right to appeal, it states that Since the applicant has valid visa in the country they have no right to appeal, is there actually a such a rule?

[shahfurqan]

@shahfurqan, Thank you

Yes will In sha allah follow it up , we are bit annoyed with the HO. And also get the SAR as advised, and I was thinking same to get some legal help.
Also with the right to appeal, it states that Since the applicant has valid visa in the country they have no right to appeal, is there actually a such a rule?

i shall honestly be speaking that this thing is not in my notice if some one has got valid visa then do not get the right of an appeal but get the subject access report first and once you get damn sure about the dates applied and the outcome you got on the refusal letter then go to a solicitor who really knows about this catagory in detail and you could in my opinion challenge this decision.

[imraniqbal2010]

@shahfurqan, Thank you

Yes will In sha allah follow it up , we are bit annoyed with the HO. And also get the SAR as advised, and I was thinking same to get some legal help.
Also with the right to appeal, it states that Since the applicant has valid visa in the country they have no right to appeal, is there actually a such a rule?

You still can request to reconsider HO decision.

[baba JJ]

Hello My fellow members I am pleased to tell you that my ILR has been approved by HO. I received my documents today.
Approval Date: 31st December 2014
Approval Letter Received: 5th January 2015

The waiting is over for me. I pray for all other members waiting for theirs especially the August applicants.
Please can someone update my details on Google drive.

@Spatacus, Congrats my friend at long last u have received your freedom, Apologies the prophecy was 3 weeks late. However, better late than never. Brother u have been an absolute true ambassodor of brotherhood on this forum. May the grace of God continue to favour your good heart

As usual, go enjoy your freedom respect n uphold the laws of the land

Congrats again

BabaJJ

[shahfurqan]

How many applicants who already have applied under ten years long residency but during the past ten years on any one or two occasion their applications have been rejected/returned as invalid and they resubmitted it within twenty eight days time as per the letter of invalidity mentions.i faced the same situation on two occasions but i made an in time application and resubmitted it within twenty eight days as one of the forum member (VISAFORUS) husband got refused and one of the reasons for rejection was out of time application while the consolidate version of the immigration rules part 7 (276B subsection(V) clearly says the following!

the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

Has anyone in the forum got approval besides they have invalid applications during the past ten years?? why HO playing and neglecting their own rules some time

[Arsal385]

How many applicants who already have applied under ten years long residency but during the past ten years on any one or two occasion their applications have been rejected/returned as invalid and they resubmitted it within twenty eight days time as per the letter of invalidity mentions.i faced the same situation on two occasions but i made an in time application and resubmitted it within twenty eight days as one of the forum member (VISAFORUS) husband got refused and one of the reasons for rejection was out of time application while the consolidate version of the immigration rules part 7 (276B subsection(V) clearly says the following!

the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.

Has anyone in the forum got approval besides they have invalid applications during the past ten years?? why HO playing and neglecting their own rules some time

This is a clear indication that HO has got instruction from Government to control settlement cases in the first quarter of this year either by rejecting them for lame reasons or prolong their cases.

[Allesheikh]

@shahfurqan, Thank you

Yes will In sha allah follow it up , we are bit annoyed with the HO. And also get the SAR as advised, and I was thinking same to get some legal help.
Also with the right to appeal, it states that Since the applicant has valid visa in the country they have no right to appeal, is there actually a such a rule?

Hi visaforus,

Regarding ur earlier post that is right if you have valid visa they don't give right to appeal as I had same issue before when I applied for my tier 1 extension. But you can ask for reconsideration or a judicial review.

My case was I send my pakistan bank statement as my maintenance funds and they rejected my application saying the the requirement is not met because insufficient funds in my UK account and pakistan bank statement is not original in fact it was. So I took legal advice and my solicitor send for judicial review but he came 28 days to HO to reconsider and before going for judical review they send me approval.

You can do the same. As adviced by others get SAR report to make your case strong. Good luck

[Spatacus]

Hello My fellow members I am pleased to tell you that my ILR has been approved by HO. I received my documents today.
Approval Date: 31st December 2014
Approval Letter Received: 5th January 2015

The waiting is over for me. I pray for all other members waiting for theirs especially the August applicants.
Please can someone update my details on Google drive.

@Spatacus, Congrats my friend at long last u have received your freedom, Apologies the prophecy was 3 weeks late. However, better late than never. Brother u have been an absolute true ambassodor of brotherhood on this forum. May the grace of God continue to favour your good heart

As usual, go enjoy your freedom respect n uphold the laws of the land

Congrats again

BabaJJ

The great Babajj I greet you. I completely understand your prophecy, no problems at all. Man propose and God disposes. Amen to all your good wishes and prayers. I will hang on a little bit on this forum for sometime before disappearing. I will continue to obey and abide by the law it is now part and parcel of me. Am always law abiding citizen no matter what. Thanks for the compliments, much appreciated.