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ELR

Version 05/2007

APPLYING ON FORM ELR : GUIDANCE NOTES


If you are planning to apply for indefinite leave to remain in the United Kingdom (UK) on form ELR, please
read these guidance notes before making your application.

Our telephone services

IMMIGRATION ENQUIRY BUREAU APPLICATION FORMS UNIT

Tel: 0870 606 7766 Tel: 0870 241 0645

Monday to Thursday: 9.00 - 4.45 Monday to Thursday: 9.00 - 4.45


Friday: 9.00 - 4.30 Friday: 9.00 - 4.30

For general information and appointments at Croydon For application forms only
Public Enquiry Office

Our Public Enquiry Offices (for premium service applications) - not available for ELR applications

CROYDON BIRMINGHAM GLASGOW LIVERPOOL


Public Enquiry Office Public Enquiry Office Public Enquiry Office Public Enquiry Office
Lunar House Dominion Court Festival Court Reliance House
40 Wellesley Road 41 Station Road 200 Brand Street 20 Water Street
Croydon Solihull Govan Liverpool
CR9 2BY Birmingham Glasgow G51 1DH L2 8XU
B91 3RT
Monday to Thursday: Monday to Friday:
Monday to Friday: Monday to Friday: 8.30 - 4.30 8.30 - 4.00
8.00 - 4.00 9.00 - 4.00 Friday: 8.30 - 4.00
Tel: 0151 237 0405
Tel: 0870 606 7766 Tel: 0870 606 7766 Tel: 0141 555 1258 0151 237 0473
(appointments only) (appointments only) (appointments only) (appointments)

Our website address


www.bia.homeoffice.gov.uk

Guidance Notes

1 FOR WHICH APPLICATIONS MUST YOU USE FORM ELR? 2 QUALIFYING FOR INDEFINITE LEAVE TO REMAIN

This form is to be used only to apply for indefinite leave to To qualify for indefinite leave to remain, you must have com-
remain in the UK on completion of 4 years’ exceptional leave pleted, or be nearing completion of, 4 years' ELR and have a
to enter or remain (ELR) granted before 1 April 2003 follow- continued fear of returning to the country or countries from
ing the refusal of asylum. which you sought asylum.
You must be in the UK to apply.
If you no longer fear returning to the country or countries
from which you sought asylum, you should not be applying on
this form. You should use whichever of the other application
forms is suitable for the application you wish to make.

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APPLYING ON FORM ELR : GUIDANCE NOTES

3 WHO CAN APPLY ON THIS FORM? documents specified in the application form, please explain
why in a letter with the form and say when you will be able to
You and your spouse, civil partner, unmarried or same sex provide them. See part 8 below for more guidance on docu-
partner and/or children under 18 if they are applying as your ments.
dependants. Unless otherwise stated, the word “partner” in
these guidance notes means a spouse, civil partner, unmar- Section 6 This section contains a declaration which you
ried or same sex partner. must sign and date. If you don’t do this, the application will
be invalid.

4 WHEN TO APPLY
7 PHOTOGRAPHS
You should apply before the end of your authorised stay in
the UK. Please do not apply more than 28 days before com- You must provide the following photographs:
pleting the qualifying period of 4 years. If you do so, your
application could be refused. Two identical passport-size photographs of yourself with
your name written on the back of each photograph.

Two identical passport-size photographs of any dependants


5 MAKING SURE YOUR APPLICATION IS COMPLETE included in the application with their names written on the
back of each photograph.
Your application will be delayed if it is incomplete. To make
sure it is complete, you need to do the following:
The photographs should be in colour, recent (within the last
make it on the current version of form ELR month), and approximately 45 millimetres high and 35 mil-
limetres wide, the size of a passport photo.
provide all the photographs of yourself and any dependants
included in the application as specified in the form Each photograph must show the individual’s full face clearly
against a light background. Sunglasses are not acceptable.
provide all documents specified in the form
Nor is any head covering unless this has to be worn for reli-
complete all sections of the form as required gious or cultural reasons. But if the covering conceals the
face, this will not be acceptable.
sign and date the declaration in the form
If the application(s) is/are successful, the photographs pro-
vided will be reproduced in the UK Residence Permit(s) in
6 COMPLETING THE FORM your passport or travel document and those of any children
included in the application.
Please note the following guidance and information when you
complete the form.
8 DOCUMENTS
Use a black pen to complete the form - and capital letters
for names, addresses and similar details. Documents provided with the application must be originals.

Complete all sections , including the Personal History sec- Exceptionally, a certified copy may be acceptable. The copy
tion. must be certified by the body or authority which issued the
original (for example, a copy of a savings book certified by
Section 1 This is where you give your own details. Leave a the building society or bank), or by a notary. The reasons for
space between each name or part of the address(es) providing a certified copy rather than the original document
required in this section (do the same where names and must be explained in a covering letter.
addresses are required in other sections).
Generally speaking, it is unlikely that we will be able to grant
Sections 1 and 2 You must provide the photographs of your- your application without seeing the original documents.
self and any dependants included in the application. Please
use one staple or one paper clip in each person’s case to
attach them to the spaces provided. Do not use glue or any 9 APPLYING BY POST - THE ADDRESS
other sticky adhesive. See part 7 of these notes for more
guidance on photographs. If you are applying by post, the address to which you must
send an application on form ELR is:
All sections If you are at present unable to provide any of
the information or details requested in any of the sections, Border and Immigration Agency
please explain the reasons in a letter and enclose it with the Dept 10
application form. If you need help with any of the questions, PO Box 306
you can seek advice by telephoning 0870 606 7766. Liverpool
L2 0QN
Section 5 This section lists the documents and photographs
which you have to provide. If you can’t provide any of the Posting it to any other address will delay it. If you use

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APPLYING ON FORM ELR : GUIDANCE NOTES

Recorded or Special Delivery, this will help us to record the 15 CHOOSING AN IMMIGRATION ADVISER
receipt of your application. Please make sure that you keep
the Recorded or Special Delivery number. If you engage an immigration adviser, take care in choosing
one. The Office of the Immigration Services Commissioner
We will return your passport(s) and other documents by (OISC) regulates immigration advisers. The OISC website at
Recorded Delivery. If you would like them to be returned by www.oisc.gov.uk contains a list of authorised advisers. It
Special Delivery, you must provide a prepaid Special Delivery also has links to websites for solicitors, barristers and legal
envelope big enough for the documents to be returned. executives. If you have a complaint about an immigration
adviser or need other information, the OISC contact details
are:
10 APPLYING IN PERSON
Office of the Immigration Services Commissioner
We do not provide a same-day service at our Public Enquiry 5th Floor,
Offices for applications made on form ELR. Counting House
53 Tooley Street
London
11 DECISION TIMES SE1 2QN
We aim to decide applications as soon as possible. For
Telephone: 0845 000 0046
service standards for deciding non-charged postal applica-
tions, please see our website.
Alternatively the Law Society, which regulates solicitors in
England and Wales, can help you find a solicitor. You can con-
tact them on 0870 606 6575 or visit their website at:
12 CONTACTING US AFTER YOU HAVE APPLIED
www.lawsociety.org.uk
You may need to contact us after you have applied to send
If you wish to complain about a solicitor you can contact the
us more information about your application or to tell us that
Law Society’s Consumer Complaints Service helpline on
you need your passport or other document urgently. If you do
0845 608 6565 or write to them at:
so, please write to the address to which you posted your
application as given in part 9 of these notes.
The Law Society
Please give the following details in your letter: Victoria Court
8 Dormer Place
the applicant’s full name, date of birth and nationality Leamington Spa
Warwickshire
any Recorded or Special Delivery number CV32 5AE
the date on which the application was posted

the Home Office reference number, if you have one. 16 COMPLAINTS ABOUT OUR SERVICE

If you need your passport or travel document because you If you need advice on how to make a complaint about our
have to travel urgently and unexpectedly, please call 0870 service, please telephone 0870 241 6523 or visit our web-
606 7766. When doing so, please provide the personal and site.
other details listed above.
You may complain in writing to:
Your application will be treated as withdrawn if your passport
is returned for travel abroad before your application can be BIA Customer Focus Team
decided. PO Box 1384
Croydon
CR9 3YJ
13 OBTAINING ANOTHER FORM
Or by email to: bia.cu@homeoffice.gsi.gov.uk
You can obtain another form from the Application Forms Unit
or by downloading it from our website - see front page for
17 DATA PROTECTION NOTICE
telephone number and website address.
We will treat all information provided by you in confidence but
may disclose it to other government departments, agencies,
14 OTHER TELEPHONE ENQUIRIES
local authorities, the police, foreign governments and other
bodies for immigration purposes or to enable them to per-
For enquiries other than obtaining an application form or
form their functions.
making appointments at the Liverpool and Glasgow Public
Enquiry Offices, call 0870 606 7766.
We may also use the information provided by you for training
purposes.
We also have the following freephone textphone number:
0800 38 98 28 9.

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