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Application for an extension of stay or indefinite leave to remain in the United Kingdom

This is an application for an extension of stay or indefinite leave to remain in the United Kingdom by a person who was granted exceptional leave to enter or remain following the refusal of asylum. The form provided here is simply a sample of what the actual Form ELR looks like.

Form ELR Version 11/2002

Home Office
Immigration and Nationality Directorate

This form is provided free of charge by IND

Application for an extension of stay or indefinite leave to remain in the United Kingdom by a person who was granted exceptional leave to enter or remain following the refusal of asylum

This form is valid only for applications made on or before 14 November 2002

Section 1 - About the Applicant

Tell us your:

1.1 Full name _______________________________

1.2 Family name _______________________________

1.3 Nationality _______________________________

1.4 Date of birth (e.g., 01/Jan/1999) _______________________________

1.5 Name at birth if different, and any other names by which you have been known _______________________________

1.6 Full address where you live in the UK (Please let us know if this changes) _______________________________

_______________________________

_______________________________

Postcode: _______________________________

You do not have to provide the information requested in questions 1.7 to 1.10. But if you do, it will help us to process your application.

1.7 Your title

____ Mr. ____ Mrs. ____ Miss ____ Ms ____ Other: __________________________

1.8 Your daytime telephone number (if you have one but not mobile numbers) _____________________

1.9 Your Home Office reference number if you have one (normally a letter followed by several numbers e.g. A999999 ) _______________________

1.10 The address to which you would like us to return your passport(s)/documents and send any correspondence about your application if different from that in 1.6 (Please let us know of any change of address or representative)

_______________________________

_______________________________

_______________________________

Postcode: _______________________________

Section 2 - Basis of Application

Are you applying for:

An extension of stay? ____

OR

Indefinite leave to remain (see Note 1)? ____

Note 1: Indefinite leave to remain may be granted on a discretionary basis if you have spent a continuous period in the UK from when you were first given exceptional leave to enter or remain in line with the table below.

Exceptional leave to remain granted 1995
Years of leave before indefinite leave to remain can be considered 6
Indefinite leave to remain 2001

Exceptional leave to remain granted 1996
Years of leave before indefinite leave to remain can be considered 6
Indefinite leave to remain 2002

Exceptional leave to remain granted 1997
Years of leave before indefinite leave to remain can be considered 5
Indefinite leave to remain by 27/07/02

Exceptional leave to remain granted before 27/07/98
Years of leave before indefinite leave to remain can be considered 4
Indefinite leave to remain by 27/07/02

2.1 When were you first granted exceptional leave to enter or remain in the UK?

2.2 Have you traveled to the country or countries from which you sought asylum since you were first granted exceptional leave to enter or remain?

_________________________

If you have answered yes to question 2.2, you must, in the box below, list the dates of travel and explain the reasons why you travelled to that country in each case.

Yes ____ No ____

Dates of Travel ____________________________

Reasons for traveling _____________________________________


Dates of Travel ____________________________

Reasons for traveling _____________________________________


Dates of Travel ____________________________

Reasons for traveling _____________________________________

2.3 Since you were first granted exceptional leave to enter or remain in the UK have you spent any long absences (3 months or more) outside the UK?

Yes ____ No ____

If you have answered yes to question 2.3, you must list these absences in the box below and explain why you needed to travel in each case. You do not need to list absences already listed in response to question 2.2

Dates of Absence ____________________________

Reasons for traveling ______________________________________


Dates of Absence ____________________________

Reasons for traveling ______________________________________


Dates of Absence ____________________________

Reasons for traveling ______________________________________

2.4 Are there any other matters you wish to be considered in connection with this application, including any change in your circumstances since you were last granted exceptional leave?
Yes ____ No ____

If you have answered yes to question 2.4, please set out these matters on a separate sheet and submit it with your application.

Section 3 - Your Family

3.1 Do you have a spouse (husband or wife) and/or children living with you in the UK?

Yes ____ No ____

If you have answered yes to question 3.1 and they are applying for an extension of stay or indefinite leave to remain as your dependants, you must fill in their details below. Please continue on another sheet and submit it with your application if you need more space.

Name __________________________

Date of Birth __________________________

Relationship to you __________________________

Nationality __________________________


Name __________________________

Date of Birth __________________________

Relationship to you __________________________

Nationality __________________________


Name __________________________

Date of Birth __________________________

Relationship to you __________________________

Nationality __________________________

Section 4 - Additional Question(s)

4.1 Have you received a prison sentence in the UK or elsewhere? ____ Yes ____ No

If you have answered yes to question 4.1, give details as required below for each prison sentence if more than one.

First Sentence Nature of offence __________________________

First Sentence Date sentenced __________________________

First Sentence Length of sentence __________________________

First Sentence Country where sentenced __________________________


Second Sentence Nature of offence __________________________

Second Sentence Date sentenced __________________________

Second Sentence Length of sentence __________________________

Second Sentence Country where sentenced __________________________


Third Sentence Nature of offence __________________________

Third Sentence Date sentenced __________________________

Third Sentence Length of sentence __________________________

Third Sentence Country where sentenced __________________________


Section 5 - Documentary Evidence

__________________________

• You must provide all the documents and photographs listed below. It would be helpful if all photographs could be stapled to page 3 of the form in the space provided. If you are unable to provide any of the documents with this form, you must give a satisfactory explanation and a reasonable timescale for their submission.

• All documents must be originals or certified photocopies. Certified photocopies of documents must be certified as true copies by the issuing authority (such as a photocopy of a building society passbook that has been certified by a branch of the building society).

• It would be helpful if you could place a tick next to the relevant items to show which documents you are sending.

__________________________

• A recent passport sized photograph of yourself, with your name written on the back of the photograph.

• A recent passport sized photograph of each dependant aged 16 or over who is applying for an extension of stay or indefinite leave to remain the UK with you (see question 3.1), with each dependant's name written on the back of the photograph.

• Your unexpired passport or travel document. If you do not have a passport or travel document you must provide another form of identity (see Note 2).

• Unexpired passport(s) or travel document(s) for each dependant detailed in response to question 3.1 who is applying for an extension of stay or indefinite leave to remain in the UK with you. If your dependants do not have passports or travel documents you must provide another form of identity for them (see Note 2).

Note 2: If you are unable to provide an unexpired passport or travel document, you must explain why it cannot be provided now, and either explain when it will be provided or send another form of identity such as an ICD 0716 (GEN 19) or ICD 0358 (RON 58). An ICD 0716 (GEN 19) is a letter upon which exceptional leave to enter or remain may have initially been granted. An ICD 0358 (RON 58) is a letter issued by the Home Office to people who do not have an unexpired passport or travel document, to show that they have been granted an extension of stay in the UK. You may have been given this letter when you were last granted exceptional leave to remain in the UK.

• Your police registration certificate (if you are required to register with the police).

• The police registration certificate(s) for each dependant who is applying for an extension of stay or indefinite leave to remain in the UK with you (if they are required to register with the police).

Section 6 - What To Do Now


• You must now read the declaration below and sign it. This must be signed by the applicant personally and not by a representative or other person acting on his/her behalf. An application for a person under the age of 18 may be completed by the parent or legal guardian.

I hereby apply for an extension of stay*/indefinite leave to remain* (*please delete as applicable) in the UK for myself and any dependants listed in this form. The information I have given is complete and is true to the best of my knowledge. I also declare that the photograph(s) submitted with this form is/are a true likeness of myself and any dependants included in the application, as named on the back of each photograph.

I confirm that if, before this application is decided, there is a material change in my circumstances or new information relevant to this application becomes available I will inform the Home Office.

I understand that all information given by me will be treated in confidence but may be disclosed to other government departments, agencies, local authorities and other bodies to enable them to carry out their functions.

I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, to make to a person acting in execution of the Act a statement or representation which the maker knows to be false or does not believe to be true, and to obtain or to seek to obtain leave to remain in the United Kingdom by means which include deception.

Signed: __________________________________________ Date: _____________________

-----------------------------
INSTRUCTIONS FOR FILLING OUT THIS FORM
-----------------------------

For which types of application must you use this form?

Only to apply for an extension of stay or indefinite leave to remain in the UK if you were previously granted exceptional leave to enter or remain in the UK following the refusal of an application for asylum in the UK.

What you must do for your application to be valid

• Complete all sections of this form, if it is appropriate for your application, answering all the questions, providing all the information and completing, or ticking where appropriate, all the boxes that apply to you. If you are completing the form by hand, it would be helpful if you could write in BLOCK letters and in black ink.

• Provide all the documents and photographs specified in Section 5 of this form. All documents must be originals or photocopies certified as true copies by the issuing authority (such as a photocopy of a building society passbook certified by a branch of the building society).

• Give a satisfactory explanation if you are unable at present to provide any of the documents or photographs with this form, and a reasonable timescale for their submission.

• Sign and date Section 6 as specified.

An invalid application will be returned to you or your representative, reducing the time available to make a valid application before your current leave to enter or remain runs out. To help avoid this, use the checklist on page 7.

Posting your application

Post the completed form to:

Initial Consideration Unit - ELR
Immigration and Nationality Directorate
Lunar House, 40 Wellesley Road,
Croydon, CR9 2BY

It is in your interests to apply 4-5 weeks before the last day of your leave to be in the UK. If you apply earlier than that, please note that your application may be delayed or refused if you are applying in a category that requires a specified period of time to be completed in order to qualify for further leave to remain. Recorded Delivery post helps us to record the receipt of your application; we recommend that you use it.

How to obtain another form

By telephoning the Application Forms Unit on 0870 241 0645. This number is for application form requests only. For any other enquiries or assistance, the telephone number is 0870 606 7766. You can also download application forms from the following Home Office website:

https://www.ind.homeoffice.gov.uk

How long will it take to process your application?

In the first 3 months of 2002, the initial consideration of new applications took 6 weeks on average. We are working hard to reduce this to 3 weeks or less. For current processing times, please see the information sheet enclosed with this form if you received it from the Application Forms Unit; or the "making an application" page on the Home Office website if you have access to the internet (see address on the front page). We aim to decide most cases (at least 65%) on initial consideration. But if your case needs further consideration or enquiries, we will send you a letter informing you of this and telling you how long it may take. Any further enquiries needed could include visits by the Immigration Service.

How will your passport (s) and other documents be returned?

By Recorded Delivery (RD) in all cases, so there is no need to enclose your own postage.

Croydon and regional Public Enquiry Offices

Please note that because of operational pressures, applications on form ELR cannot be made at the Public Enquiry Office (PEO), Lunar House, 40 Wellesley Road, Croydon. Until further notice, all such applications must be made by post. The position generally is that PEO will accept urgent applications in most other categories and, if possible, complete them on the day if they are straightforward and accompanied by all necessary supporting documents/evidence. If not, the application may be taken in for completion by post. PEO accommodation is limited, so only applicants and any family members included in the application will be allowed into the building. Interpreters are available. PEO deals only with personal callers. It does not deal with third parties (eg advisers or representatives).

There are also 3 regional Public Enquiry Offices for personal callers only. Details are given below. The telephone numbers usually give only general information in a recorded message; they will not normally be able to advise you on whether your particular application can be dealt with by the PEO concerned.

Glasgow
Immigration Office
Festival Court
200 Brand Street
Govan
Glasgow
G51 1AR
Monday to Friday
9.30am to 12.30pm
2pm to 4pm
Tel: 0141 419 1256

Liverpool
Immigration Office
Reliance House
20 Water Street
Liverpool
L2 8XU
Monday to Friday
9.00am to 4.00pm
Tel: 0151 237 0473

Birmingham
Immigration Office
Dominion Court
41 Station Road
Solihull
Birmingham
B91 3RT
Monday to Friday
9am to 3pm
Tel: 0121 606 7345


Immigration advisers

This form is designed to enable you to make your own application. If you consider it necessary to seek advice in completing it or in dealing with any other aspect of your application, you should take care when choosing an adviser. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers. Generally, only solicitors, barristers and legal executives who hold a practising certificate do not need OISC authorisation. Anyone else could be committing a criminal offence if they act on your behalf without being OISC authorised or otherwise exempted. If your adviser is not a solicitor, barrister or legal executive you should ask if they are OISC authorised. A list of OISC authorised advisers is on their website at www.oisc.gov.uk which has links to websites for solicitors, barristers and legal executives. To complain about an immigration adviser, call the OISC (tel 0845 000 0046 - calls charged at local rate) or write to OISC, 6th Floor, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.

This form may be included or reproduced in any non-Home Office website or publication. However, such inclusion or reproduction does not constitute an endorsement of any services offered or provided by the owners of the website or publication, or of the content of the website or publication.


Checklist for application form ELR

Please make the following checks before sending off your application. They should help to ensure that your application is valid.

• Are you sure that form ELR is the right form for your application? See front page.

• Is the form still valid? See the date on the front page.

• Have you completed all applicable sections of the form correctly as specified?

• Have you provided the following documents specified in Section 5?

. unexpired passport(s) or travel document(s) and photograph(s)
. police registration certificate(s) (if applicable)
. an ICD 0716 (GEN 19) or ICD 0358 (RON 58) letter if you cannot provide an unexpired passport or travel document

• If you are unable at present to provide any of the documents or photographs specified in Section 5, have you given an explanation and said when you will be able to provide them?

• Have you signed and dated the declaration in Section 6 of the form?

Now make sure that you send the application to the correct address:

Initial Consideration Unit - ELR
Immigration and Nationality Directorate
Lunar House
40 Wellesley Road
Croydon CR9 2BY

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