IRL - Long recidency or Tier 1 entrepreneur

[axl55]

Dear Gurus

Just wondering if some senior members could help me. I need to go home country ASAP.

My Tier 1 entrepreneur visa finishing soon and am sort of few days from completing 10 years. Solicitors told me dont go for ILR based on long residency if you don't have visa to cover for 10 years, you should apply on the basis of five year on Set O. I found this:

The application can be made in-person at a Premium Service Center within the 28 day qualifying period, provided the applicant's visa covers them up to a full 10 years of legal residence in the United Kingdom.

https://www.whatdotheyknow.com/request/ ... _28_days_2

Can I vary my ILR application Set (O) to Set (L) under new system on super priority after completing 10 years? Can get fees back for previous application?

Many thanks

[CR001]

You need to have a valid visa when you apply. There is no requirement that it must be valid right up to full 10 years residence.

[axl55]

Thank you CR001.

Should I apply immediately on super priority service now so that I can get reply soon so that, in case of any negative decision, can keep open option for applying on Set (O) OR should I apply near the expiry of current leave and wait for Biomatrics till finish 10 year?

Can I apply on Set (O) and then vary it to long residency based?

Thanks

[CR001]

What date did you enter the UK?

What date does your visa expire?

[axl55]

Hi CR001

Entry date 06 Mar 09
Expiry date 20 Feb 19

Solicitors told me go for Set (O). He says,

According to guidance (page
Requirements for long residence
The applicant must meet the following requirements to be granted indefinite leave:
• the applicant must have at least 10 years continuous lawful residence in the UK

Rule 276B 1 (i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.

Thanks

[CR001]

Yes, but there is a concession to apply 28 days in advance of reaching 10 years. So ILR LR is possible. Many have done it and been successful.

[axl55]

Hi CR001

Thank you very much.

Yes you are right. I’ve seen two or three such cases on this forum between 2013-16. Initially I was planning to apply immediately on super priority service. Its look slightly risky.

Just come across The Home Office response to the Independent Chief Inspector’s report: March 2015, it says:
1.7. … already exercises an element of discretion in the customer’s favour by providing a twenty-eight-day grace period for ILR applications. …
1.8. The overwhelming majority of applicants apply within the grace period. The number of applicants affected by this issue is small. During 2014, only 0.05% of applications for ILR within the Premium Service network were affected by this issue (26 applications).

There are two option:

Submit ILR LR a day before visa expiry date and take appointment after two weeks. OR

Apply on Set O (again very short time for preparation) and Vary application (Scary Bit) after two weeks. Can I Vary online using priority service?

Any suggestion please?

[aman90]

Hi CR001

Thank you very much.

Yes you are right. I’ve seen two or three such cases on this forum between 2013-16. Initially I was planning to apply immediately on super priority service. Its look slightly risky.

Just come across The Home Office response to the Independent Chief Inspector’s report: March 2015, it says:
1.7. … already exercises an element of discretion in the customer’s favour by providing a twenty-eight-day grace period for ILR applications. …
1.8. The overwhelming majority of applicants apply within the grace period. The number of applicants affected by this issue is small. During 2014, only 0.05% of applications for ILR within the Premium Service network were affected by this issue (26 applications).

There are two option:

Submit ILR LR a day before visa expiry date and take appointment after two weeks. OR

Apply on Set O (again very short time for preparation) and Vary application (Scary Bit) after two weeks. Can I Vary online using priority service?

Any suggestion please?

Appointment date doesn matter any longer.
The online application submission date is the DATE.
You have nothing to worry abt...
Just apply within 28 days of ur entry date on super priority.
6 March minus 28 days..

What date was ur initial visa valid from?
Any dependants?

[axl55]

Hi aman90 thanks for you reply.

From the previous discussions on this forum I think, not appointment date, however, the date of decision by case worker is the date which they usually use to calculate long residency.

Initial visa from 08 Feb 2009. Calculation from this date is applicable in 5 year route.

This both rules are clearly applicable to 5 year ILR applications and are specifically mentioned on Indefinite leave to remain: calculating continuous period in UK V 17.0.

For Set LR there is no clear guidance on these matters but on Long residence V 15.0 it clearly mentioned that vary the grounds of that application to include a request for leave on the basis of long residence. So I am thinking to apply on Set O and vary subsequently.

Moderators and senior members could you please advise?

Thanks

[aman90]

Hi aman90 thanks for you reply.

From the previous discussions on this forum I think, not appointment date,however, the date of decision by case worker is the date which they usually use to calculate long residency.

Initial visa from 08 Feb 2009. Calculation from this date is applicable in 5 year route.

This both rules are clearly applicable to 5 year ILR applications and are specifically mentioned on Indefinite leave to remain: calculating continuous period in UK V 17.0.

For Set LR there is no clear guidance on these matters but on Long residence V 15.0 it clearly mentioned that vary the grounds of that application to include a request for leave on the basis of long residence. So I am thinking to apply on Set O and vary subsequently.

Moderators and senior members could you please advise?

Thanks

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

https://www.gov.uk/long-residence/eligibility

How you wish to apply is ur choice,however, the quickest route to ILR for you seems to be LR via super priority.
An in-time application is covered by section 3c leave i.e. you apply before ur current visa expires. And a valid application is when you are within 28 days of ur ILR qualifying period i.e. the date you entered UK.

[CR001]

Long residency starts to count from the date a person entered the UK.

The provision of permission granted is only for those who had no stay in the UK and managed to get DLR or flr FP etc while in the UK.

[aman90]

Long residency starts to count from the date a person entered the UK.

The provision of permission granted is only for those who had no stay in the UK and managed to get DLR or flr FP etc while in the UK.

I undestand. Thats why I mentioned "date of entry" for OP.
Absences can be an issue hence the question abt initial visa date..

[axl55]

Hi CR001 aman90 thanks for your reply.

What if, by chance, my ILR (LR) is refused, what are the options available? Can I go for for ILR based on T1 E on Set (O)?

I have checked on Set (O) there is no premium service available. On Set (LR) from there is no question about pending application but on Set (O) it asks about pending application in the beginning. If I send Set (O) new service, can I vary application based on long residency?

Many thanks

[axl55]

While filling in form you can not give two country's detail/date together. How can I fill in detail for travel if I have visited two country in one travel?

Scenario 1
Country A:
Left Date - 10/4/18
Return Date - 15/4/18 (I did not return on this date)

Country B:
Left Date - 16/4/18 (I did not on this date)
Return Date - 30/6/18

Scenario 2
Country A:
Left Date - 10/4/18
Return Date - 30/6/18

Country B:
Left Date - 10/4/18
Return Date - 30/6/18

Explanation: I went directly from Country A to Country B and did not return to UK in between.

[zimba]

You simply need to put date of exit and arrival to the UK. Your travel plans/countries visited are not relevant

[axl55]

Thanks Zimba for reply.

Do I need to update change of address to UKVI before applying?

I found this two links on IB. Which is right?

Online
https://visa-address-update.service.gov.uk/

Paper
https://www.gov.uk/change-circumstances-visa-brp

[zimba]

Before applying ???! Why ?
That is only for circumstances like when you already applied but then your address changes.

[axl55]

Before applying ???! Why ?
That is only for circumstances like when you already applied but then your address changes.

I found this,
indefinite-leave-to-remain/updating-add ... 47256.html

[zimba]

There is no need to update your address with UKVI after ILR either

[axl55]

Hi Gurus/MOS

On ILR - LR form: Document Section it asks, Do you have any other reasons for wanting to stay in the UK?

if you say Yes - I have other reasons for wanting to stay in the UK

On document list it asks for "Documents supporting my other reasons to stay in the UK"

Do I need to explain?

1) am on T 1 Ent and runs my business successfully for five year, have invested and created Jobs. I have commitment to continue to provide services to my clients.

What documents?

2) I have family ties and social life established in the UK.

What documents?

Greatly appreciate any help!

[zimba]

Again, these are not important and no need for any documents. Answer whatever you like

[axl55]

Hi

I've send my online application for ilr on Set (LR) to day.
There is no exact information on booking Biometrics. On Sopra Steria website it says -you can book an appointment: • up to 28 days in advance. On UKVI - You will be able to choose an appointment within 5 working days of making your application. You are encouraged to go to an appointment as soon as possible and will receive a reminder after 15 working days if you have not attended an appointment.

Can anybody please tell me, 1) within how many days should I book appointment and 2) how many days can I delay appointment at new visa centre Sopra Steria for biometrics?

Many thanks

[axl55]

Hello Gurus

Can you please help.

I have applied on 19th and appointment on 7 March 2018 in morning at enhanced service point. few days back I have uploaded three documents LIUK, UK degree certificate and transcript for test. Today morning I received an email for that all documents are fine and No action required from Sopra Steria. In fact i had not uploaded passports, consent form, BRP, covering letter and other supporting documents. Now to day I have removed previously uploaded document and have uploaded all documents (including previously uploaded documents a fresh).

The system allows to upload them, but once I went back and log in again, it does not show uploaded documents but only shows previously uploaded three documents that i have removed today.

What shall I do?

Please help.

[axl55]

Its sorted after clearing cache. I think their website does not refreshing automatic.

[axl55]

Hi

Applied on Set (LR) on 19 Feb, biometrics on 07 Mar, same day email received. Got decision letter on 11 Mar and BRP 12 Mar.

Many Thanks.