10 years long residence applications

[rmkirfan]

She can apply at anytime. If fact if she needs to travel abroad and during this period you get your ILR, she might be refused to enter since she can no longer considered as a PBS dependent. This is why in the post it is advised that people should apply before they travel outside CTA.

Ok So you are suggesting me to send her application now and wait. What if they say that ur partners application is not decided yet then y r u applying now?..

Hi Guys,

Im in similar situation and bit worst actually

My LR in progress since 07 Feb 2014 and waiting, Unfortunately my wife went to India last week (due to Family member in critical condition).She joined me in Aug 2010 and status now is Tier 1 dependent untill June 2016 .Im bit worried now with coming trouble.

1) Above statement says she wont let entered.
2)What is my option now to apply before April 2014.(I believe we cant apply from India).
3)What will be my option now.

Please shed light would be greatfull guys.
Thanks in Advance,
RMK

[hassan5805]

Send application on 17 March 2013.
Not got acknowledgement yet.

Good Luck everyone whos waiting for their application.

[March_LR14]

Send application on 17 March 2013.
Not got acknowledgement yet.

Good Luck everyone whos waiting for their application.

Hi hassan5805,

Did u mean 17 March 2014?

Thanks

[msmussaf]

Thank God received BRP invitation today dated 14-3-14
I registered biometrics today 19-03-14

[raaz0800]

By the Grace of Almighty Allah I have received my documents along with BRP today.

Here is my timeline
Applied on 26/11/13
Acknowledgement: 04/12/13
Bio Invitation: 31/12/13
Bio Enrolled: 04/01/14
Documents and BRP received: 18/03/14

Date on the approval letter: 06/03/14


Thanks a lot for all the help and support given on this forum. Keep up the good work.
All the best to those who are waiting.

congratulation brother
I rang home office today just a standard reply my application is under consideration. Such a stressful time of my life. Please pray I applied on 20th November.

Raaz

congrats.... i hope to receive good news this week... praying hard

[msmussaf]

He applied with his application but you can apply after as well. i got same timeline as you , i applied on 06 Jan 2014 and still waiting for decision. I think if they treat our partners through old rules then we should apply by post before 06 April 2014. i have also request UKVI for this explanation yesturday and waiting for their reply. I can send you that email copy if you want.

Thats wonderful, so we should wait for UKVI and apply before april 6. Thanks mate...[/quote]


We got same situation, can u give me ur email address , we prob will talk on fone after[/quote]


I sent you a PM....[/quote]

I am with you guys. I have the same situation. Remember me

[hassan5805]

congrats mate..yes i am sorry its 2014 nt 2013..

[NasirNNN]

Hi
can somebody plzzz reply me as i need urgent help regarding these questions

I have applied ILR(LR)on 18/03/14.My wife is here since January 2012 as PBS dependent.As rules are changing for ILR(LR) dependent from 06/04/14.Can you give me suggestion what should i do?My wife and my visa is valid until April 2016.Tier 1(General)

Can i send my wife FLR(M) application now and tell them to hold until my case is decided,if i apply for her before 06/04/14.she will fall under old rules am not sure as i just sent my ILR(LR) application.

And my wife have Phil from Pakistan she need NARIC certificate bur NARIC has two categories one is degree Comparability and other English language assessment which certificate she need to get to prove his english for purpose of FLR(M)

Kindly advise me what is best option.

Thanks

Nasir

[msmussaf]

Sorry to bother you again SSWSZ.
Again I am still stuck there. Yes they intend to do it but in immigration rules 287 (a)(i)(d) deals with this.
In this document tell me which paragraph or line is going to replace current rule.
Searched 287 in the whole document but couldnt find.
I think they are going to repeat their mistake.
any opinion ?

[SSWSZ]

Sorry I myself is so confused with all this but what I thought is transitional arrangement cover both things (no Financial requirement + 2 years residential requirement) as I post home office mail it's seems like this to me.

And according to memorandum they are correcting mistake and they said other then work permit holder dependents no one will be able to take advantage of transitional arrangement .so what my thinking is they are imposing financial requirement and also start considering dependent of lr after they transfer to flr .the thing that force me thinking on this logic is when I went to peo for my ILR my case worker clearly said that on flr you will be start consider dependent of settled person (who got ILR through lr) .its like a fresh application you are applying first time and in this case new rules apply on you .but thank GOD their mail work at that time and I got ILR . But still I suggest search about this as I am not expert .i myself is reading this and trying to understand but no use .

Sorry to bother you again SSWSZ.
Again I am still stuck there. Yes they intend to do it but in immigration rules 287 (a)(i)(d) deals with this.
In this document tell me which paragraph or line is going to replace current rule.
Searched 287 in the whole document but couldnt find.
I think they are going to repeat their mistake.
any opinion ?

[KashRIz]

Sorry I myself is so confused with all this but what I thought is transitional arrangement cover both things (no Financial requirement + 2 years residential requirement) as I post home office mail it's seems like this to me.

And according to memorandum they are correcting mistake and they said other then work permit holder dependents no one will be able to take advantage of transitional arrangement .so what my thinking is they are imposing financial requirement and also start considering dependent of lr after they transfer to flr .the thing that force me thinking on this logic is when I went to peo for my ILR my case worker clearly said that on flr you will be start consider dependent of settled person (who got ILR through lr) .its like a fresh application you are applying first time and in this case new rules apply on you .but thank GOD their mail work at that time and I got ILR . But still I suggest search about this as I am not expert .i myself is reading this and trying to understand but no use .

Sorry to bother you again SSWSZ.
Again I am still stuck there. Yes they intend to do it but in immigration rules 287 (a)(i)(d) deals with this.
In this document tell me which paragraph or line is going to replace current rule.
Searched 287 in the whole document but couldnt find.
I think they are going to repeat their mistake.
any opinion ?

7.11. Corrections are being made to enforce the intention that only dependants of
individuals who qualified for settlement under the Points-Based System can
apply for settlement as dependants of Points-Based System Migrants.
Previously the Immigration Rules allowed dependents of those who qualified
for settlement on the basis of long residence to also apply. The change will
mean such dependants will need to apply for leave to remain under the rules
for family members in Appendix FM before they can qualify for settlement.


Appendix FM does talk abut about transitional arrangement. Guys plz correct me if I am wrong.

[GOd Helps]

can some one kindly explain this
A person who meets the following criteria, in one of the categories specified below, will remain subject to the Immigration Rules in force as at 8 July 2012 until settlement (the grant of indefinite leave to remain) even where the application is granted on or after 9 July 2012:
(i) to a person who made an application before 9 July 2012 under Part 8 of the Immigration Rules which was not decided by 9 July 2012; and
(ii) to applications made by a person who is in the UK and had been granted entry clearance or limited leave to remain under Part 8 following an application for initial entry clearance or leave to remain under Part 8 submitted before 9 July 2012 and this leave is extant where this is a
(page 4 of https://www.gov.uk/government/uploads/s ... -guide.pdf
this is for transitional arrangents .

[ahyang0129]

Sorry to bother you again SSWSZ.
Again I am still stuck there. Yes they intend to do it but in immigration rules 287 (a)(i)(d) deals with this.
In this document tell me which paragraph or line is going to replace current rule.
Searched 287 in the whole document but couldnt find.
I think they are going to repeat their mistake.
any opinion ?

287 (a) (i) (d)
the applicant was admitted to the UK or given an extension of stay as the spouse
or civil partner of a Relevant Points Based System Migrant; and then obtained an
extension of stay under paragraphs 281 to 286 of these Rules and has completed a
period of 2 years as the spouse or civil partner of the person who is now present and
settled here; or


HC 1138 (if this is the document you searched) does not alter a word in 287 (a)(i)(d). What's going to changes is 284(i).

PBS dependents of those who get their ILR via long residence need to switch to FLR(M) ('an extension of stay") under (old) 284 (i) then they can apply for ILR under the conditions set by 287 (a) (i) (d), i.e., 2 years. From 06/04/2014 they cannot get an extension of stay under the old rule because the rule 284(i) is changed. 287 (a) (i) (d) becomes irrelevant to them. Instead they need to apply for their extension of stay under Appendix FM, i.e., post- July 2012 5 year rules.

[ahyang0129]

can some one kindly explain this
A person who meets the following criteria, in one of the categories specified below, will remain subject to the Immigration Rules in force as at 8 July 2012 until settlement (the grant of indefinite leave to remain) even where the application is granted on or after 9 July 2012:
(i) to a person who made an application before 9 July 2012 under Part 8 of the Immigration Rules which was not decided by 9 July 2012; and
(ii) to applications made by a person who is in the UK and had been granted entry clearance or limited leave to remain under Part 8 following an application for initial entry clearance or leave to remain under Part 8 submitted before 9 July 2012 and this leave is extant where this is a
(page 4 of https://www.gov.uk/government/uploads/s ... -guide.pdf
this is for transitional arrangents .

It just means if you applied for your (first) spouse or dependent visa of a British citizen or a settled person before 9 July 2012 then you are under the pre- 8 July 2012 old rules.

[faisaltanoli]

Hello,

Just going through post and come to know, there are some new rules are coming for dependents. from 06/04/2014

I have applied for ILR(LR) on 28/02/2013 and received Biometrics today..
My family is with me from 2004, but then have gap of from June2008 till Nov 2009. Now they are in UK since Nov 2009.
My question is, as soon as I will get ILR(after 06/04/2014) whether I can apply for my wife ILR. She is currently on PBS(Tier 1 GM) dependent???

Thanks

Regards
M Faisal

[malik15]

Sorry to bother you again SSWSZ.
Again I am still stuck there. Yes they intend to do it but in immigration rules 287 (a)(i)(d) deals with this.
In this document tell me which paragraph or line is going to replace current rule.
Searched 287 in the whole document but couldnt find.
I think they are going to repeat their mistake.
any opinion ?

287 (a) (i) (d)
the applicant was admitted to the UK or given an extension of stay as the spouse
or civil partner of a Relevant Points Based System Migrant; and then obtained an
extension of stay under paragraphs 281 to 286 of these Rules and has completed a
period of 2 years as the spouse or civil partner of the person who is now present and
settled here; or


HC 1138 (if this is the document you searched) does not alter a word in 287 (a)(i)(d). What's going to changes is 284(i).

PBS dependents of those who get their ILR via long residence need to switch to FLR(M) ('an extension of stay") under (old) 284 (i) then they can apply for ILR under the conditions set by 287 (a) (i) (d), i.e., 2 years. From 06/04/2014 they cannot get an extension of stay under the old rule because the rule 284(i) is changed. 287 (a) (i) (d) becomes irrelevant to them. Instead they need to apply for their extension of stay under Appendix FM, i.e., post- July 2012 5 year rules.

I've applied on 17th March, payment taken today, 19th March. My wife is on Tier 1 General Dependant visa and it looks like she will not be eligible for ILR after completing 2 years as per the new rules coming in to force from 6th April 2014. She is in the UK since June 2012.

Can someone clarify if that is in fact the case will she need to spend 5 year in the UK including time spent as Tier 1 dependant or 5 years will start from the date she gets FLR(M).

I’m seriously considering of withdrawing my application and applying next year so we can get ILR together. It’s just a shame that the £1051 is gone down the drain for nothing

[msmussaf]

287 (a) (i) (d)
the applicant was admitted to the UK or given an extension of stay as the spouse
or civil partner of a Relevant Points Based System Migrant; and then obtained an
extension of stay under paragraphs 281 to 286 of these Rules and has completed a
period of 2 years as the spouse or civil partner of the person who is now present and
settled here; or


HC 1138 (if this is the document you searched) does not alter a word in 287 (a)(i)(d). What's going to changes is 284(i).

PBS dependents of those who get their ILR via long residence need to switch to FLR(M) ('an extension of stay") under (old) 284 (i) then they can apply for ILR under the conditions set by 287 (a) (i) (d), i.e., 2 years. From 06/04/2014 they cannot get an extension of stay under the old rule because the rule 284(i) is changed. 287 (a) (i) (d) becomes irrelevant to them. Instead they need to apply for their extension of stay under Appendix FM, i.e., post- July 2012 5 year rules.

Please tell me in simple points that in my case what will happen i applied SET LR Currently in process. Biometrics done today. Wife Visa is going to end in June 2014. Uk Born son age SIX years. Wife already spent 6 and half year in Uk on Tier 4 student dependent.

I was student so can not meet the financial requirement. 18600 etc.
If the 5 years period starts when she will get visa on FLR M then there is trouble for waiting so long.

If i apply FLR m Before 6th April with a covering letter. Which rules will apply on her.

If the 5 years period is to prove the genuineness of relationship then she has proved already in this country.

[amjadleeds]

Hi everyone

I have applied ILR on basis of 10 years rule on OCT 2012 still waiting for decision. My solicitor applied for my family leave on flro form , Home office refused with right of appeal, First tier judge allowed appeal, now my family received visa just our solicitor informed us today. I have question here if I will get ILR still my family can apply ILR on basis of dependent because they were tier 1 dependent last four years and going to complete ten year next year too. A bit confusing situation now they are on DLR on basis of 7 year child / family / private life.
Your views and discussion will be great.

Please keep me in your prayers .

Regards
amjad leeds

[ahyang0129]

I've applied on 17th March, payment taken today, 19th March. My wife is on Tier 1 General Dependant visa and it looks like she will not be eligible for ILR after completing 2 years as per the new rules coming in to force from 6th April 2014. She is in the UK since June 2012.
Can someone clarify if that is in fact the case will she need to spend 5 year in the UK including time spent as Tier 1 dependant or 5 years will start from the date she gets FLR(M).
I’m seriously considering of withdrawing my application and applying next year so we can get ILR together. It’s just a shame that the £1051 is gone down the drain for nothing

1. under the 5 year route and the clock starts from the date she gets FLR(M)
2. the alternative is that she applies for FLR(M) by 05/04/2014 and she'll be under the 2 year rule. when both of you get your respective leaves apply SET(M) for her. (£578+£1051)

[ahyang0129]

Please tell me in simple points that in my case what will happen i applied SET LR Currently in process. Biometrics done today. Wife Visa is going to end in June 2014. Uk Born son age SIX years. Wife already spent 6 and half year in Uk on Tier 4 student dependent.

I was student so can not meet the financial requirement. 18600 etc.
If the 5 years period starts when she will get visa on FLR M then there is trouble for waiting so long.

If i apply FLR m Before 6th April with a covering letter. Which rules will apply on her.

If the 5 years period is to prove the genuineness of relationship then she has proved already in this country.

apply before 6th apr and the old rules apply.

[malik15]

I've applied on 17th March, payment taken today, 19th March. My wife is on Tier 1 General Dependant visa and it looks like she will not be eligible for ILR after completing 2 years as per the new rules coming in to force from 6th April 2014. She is in the UK since June 2012.
Can someone clarify if that is in fact the case will she need to spend 5 year in the UK including time spent as Tier 1 dependant or 5 years will start from the date she gets FLR(M).
I’m seriously considering of withdrawing my application and applying next year so we can get ILR together. It’s just a shame that the £1051 is gone down the drain for nothing

1. under the 5 year route and the clock starts from the date she gets FLR(M)
2. the alternative is that she applies for FLR(M) by 05/04/2014 and she'll be under the 2 year rule. when both of you get your respective leaves apply SET(M) for her. (£578+£1051)

Hi ahyang0129,

Thanks for your reply. I'd apply for her before 6th April but she still needs to get her English qualification. I don’t think we can sort that in such short time. Can her application be sent without the English qualification which can then be submitted in a month's time (might be a daft question but…)?

[amjadleeds]

Hi everyone

I have applied ILR on basis of 10 years rule on OCT 2012 still waiting for decision. My solicitor applied for my family leave on flro form , Home office refused with right of appeal, First tier judge allowed appeal, now my family received visa just our solicitor informed us today. I have question here if I will get ILR still my family can apply ILR on basis of dependent because they were tier 1 dependent last four years and going to complete ten year next year too. A bit confusing situation now they are on DLR on basis of 7 year child / family / private life.
Your views and discussion will be great.

Please keep me in your prayers .

Regards
amjad leeds

[ahyang0129]

I have applied for ILR(LR) on 28/02/2013 and received Biometrics today..
My family is with me from 2004, but then have gap of from June2008 till Nov 2009. Now they are in UK since Nov 2009.
My question is, as soon as I will get ILR(after 06/04/2014) whether I can apply for my wife ILR. She is currently on PBS(Tier 1 GM) dependent???

you applied for your ILR on 28/02/2014 and yet to get an result, right? I think she will be better off applying for FLR(M) now.

Please read this guide.

[ahyang0129]

Hi ahyang0129,

Thanks for your reply. I'd apply for her before 6th April but she still needs to get her English qualification. I don’t think we can sort that in such short time. Can her application be sent without the English qualification which can then be submitted in a month's time (might be a daft question but…)?

I don't know how they do things at the home office in such a details but my guess is no...
For FLR(M) she only needs A1 level. check approved english test. worth doing some research to see if she can take the exam and get the result and certificate of any of these by the required deadline of application.

[malik15]

I've applied on 17th March, payment taken today, 19th March. My wife is on Tier 1 General Dependant visa and it looks like she will not be eligible for ILR after completing 2 years as per the new rules coming in to force from 6th April 2014. She is in the UK since June 2012.
Can someone clarify if that is in fact the case will she need to spend 5 year in the UK including time spent as Tier 1 dependant or 5 years will start from the date she gets FLR(M).
I’m seriously considering of withdrawing my application and applying next year so we can get ILR together. It’s just a shame that the £1051 is gone down the drain for nothing

1. under the 5 year route and the clock starts from the date she gets FLR(M)
2. the alternative is that she applies for FLR(M) by 05/04/2014 and she'll be under the 2 year rule. when both of you get your respective leaves apply SET(M) for her. (£578+£1051)

Hi ahyang0129,

Thanks for your reply. I'd apply for her before 6th April but she still needs to get her English qualification. I don’t think we can sort that in such short time. Can her application be sent without the English qualification which can then be submitted in a month's time (might be a daft question but…)?

One last thing:

Can we apply for FLR(M) whilst waiting for English language certificate to come (given we have a pass in provisional results announced the same day?