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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I am living in England 9 years now but I have one

Customer Question

I am living in England for about 9 years now but I have one pending application which hasn't been decided will I be able to apply for ILR ON TEN year basis Incase if this application will still stay pending when my 10 year duration has been completed.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
When do you complete 10 years in the UK? How many months?
What application is pending?
Kind regards
Customer: replied 2 years ago.
Thanks for your message. My 10 years duration will be completed on 20 August 2016. Right now my EEA2 extended family member application is pending.
Customer: replied 2 years ago.
My full question is (Hello i need some information. I came to UK in August 2006. Stayed on student visa and then on POST STUDY WORK, then married to a British citizen in July 2011 (applied for visa in 2011 December same day process ) got 2 year visa which was about to expire in December 2013 but separated in December 2011 and started to live after separation with another partner in January 2012 and applied for an EEA2 visa( extended family member) and also applied in January 2013 for divorce which is in process and a final decree will be granted in June 2015.My visa was refused in February 2014 and a right of appeal was given and the first Tier tribunal directed HO To reconsider my application after which I was given an interview date in April for which I have sent email through my Soliciter to postponed due to my partner unavailability but I still haven't heard from HO, so in case if my application hasn't been decided by July 2016 I will be in UK legally for 10 years so I just wanted to know will all this time of my Eea2 application be counted towards 10 years after which I will be able to apply for ILR.
Thanks
Shaz
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
If you have an appeal pending and have not yet been to the hearing then what you can do is once you have completed 10 complete years in the UK state in the grounds of appeal the fact that as you have now been in the UK for 10 years you want the tribunal to consider the fact that you may also be eligible for indefinite leave to remain.
It will then be up to the judge and the tribunal to decide whether they should take into account the 10 years or send the case back to the home office to decide in light of the fact that you have now completed 10 years in the UK.
The decision on the 10 years will then be made by the home office.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.
Well I have been to the tribunal and they asked HO to conduct the interview and they have made an appointment which I was unable to attend and requested them to give me another interview date which up till now they haven't, my question is if Incase they won't give me interview date till next year or if Incase I complete 10 years next year with this application pending and if once my 10 years are completed and if I withdraw this eea2 application so will I be able to make an application for ILR ON 10 year basis. Will this time (pending application)be counted towards my 10 years for ILR?
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Yes this time should be counted towards the 10 year residency as the home office have yet to make a decision on the application thus your leave is extended until a decision is or will be made. I would not recommend withdrawing your application, but maybe a letter asking them to change your application to 10 year basis and paying the required fees and sending the correct forms and documents would be recommended.
I hope this clarifies the matter.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
You said you don't recommend withdrawing eea2 application on completion of 10 years but will it not make the application invalid I case of one is pending and I submit another one for ILR .
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
No it will not because you will not make an application straight away first you write a letter asking them to vary your application, then they will write to you stating whether your allowed to vary the application or not. Only if the home office state you cannot vary the application then you can withdraw and reapply.
I hope this answers your question.
Kind regards
Customer: replied 2 years ago.
If I write a letter to home office and I case if they are willing with changing my application without me withdrawing or if they won't be willing so will in both of these cases I be able to apply for the same day service (premium service)?
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
No you will not be able to apply for same day service for either application.
Kind regards
Customer: replied 2 years ago.
Is it only in this case I can't apply for same day service or is it they don't provide same day service for ILR on 10year basis applications. Also once get ILR how long can you stay outside country and can then enter country?