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Help! Missing 10 years residency by only 19 days

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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riverfish
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Help! Missing 10 years residency by only 19 days

Post by riverfish » Tue Jul 19, 2016 3:53 pm

On September 21 2016 I would have stayed exactly 10 years in the UK continuously. The Home Office informed me the earliest I can apply for ILR is 28 days before, which is August 24.

But my current visa (Tier 5 Youth Mobility Scheme via HK government) expired on July 8. I have 28 days grace period before I have to leave on August 5.

Which means there is literally a gap of 19 days that is preventing me from being eligible for ILR!

Is there any way round it so I can make myself eligible? What if I overstay my visa ?

A short immigration history:
- Entered UK September 21 2006
- 2006-2012 studied at university on Tier 4 visa.
- 2012-2014 postgraduate training on 2nd Tier 4 visa.
- 2014 - now working on Tier 5 visa.

I've called the Home Office several times and one of them suggested I could apply for Further Leave to Remain, but I've called again several times since and the officers have all informed me I wouldn't be eligible for FLR because I don't have any family/spouse in the UK.

Any suggestions on how I can get ILR? Any help would be greatly appreciated !

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CR001
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Re: Help! Missing 10 years residency by only 19 days

Post by CR001 » Tue Jul 19, 2016 4:18 pm

FLR(LR)??

If you overstay and have no valid leave or application pending, your continuous residence is broken.

You should have tried to sort this out before your Tier 5 expired.
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babanla
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Re: Help! Missing 10 years residency by only 19 days

Post by babanla » Tue Jul 19, 2016 4:22 pm

@Riverfish, I suppose you can apply for FLR and vary your application to ILR before final determination - This should work out fine.

riverfish
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Re: Help! Missing 10 years residency by only 19 days

Post by riverfish » Tue Jul 19, 2016 5:14 pm

babanla wrote:@Riverfish, I suppose you can apply for FLR and vary your application to ILR before final determination - This should work out fine.

Can u explain what you mean by vary my application to ILR? I tried reading through the FLR guidance, but it's quite vague

r984b
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Re: Help! Missing 10 years residency by only 19 days

Post by r984b » Tue Jul 19, 2016 11:23 pm

Dear
You can apply for SET(o) with some solicitor help. SET(O) and SET(LR) application takes at least 4 months to process. By the time you will be able to apply for SET(LR) in August.

Which number did you contact HomeOffice? Do they advice that you can apply 28 days before it completes Full 10 years as you wont have valid visa of Section 3C leave?

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CR001
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Re: Help! Missing 10 years residency by only 19 days

Post by CR001 » Wed Jul 20, 2016 10:40 pm

r984b wrote:Dear
You can apply for SET(o) with some solicitor help. SET(O) and SET(LR) application takes at least 4 months to process. By the time you will be able to apply for SET(LR) in August.

Which number did you contact HomeOffice? Do they advice that you can apply 28 days before it completes Full 10 years as you wont have valid visa of Section 3C leave?
Why do you believe the OP can apply on Set(O)?? This is very incorrect advice you are giving.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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