10 years long residence applications

[msmussaf]

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…)?

Man go through trinity b1 gese cost is 125 pound. And they will tell the result after 10 mints and certificate in 7 to 10 days. If u do it the day after tomarrow it will be ok InshAllah

[msmussaf]

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.

Thank you very much for your response.
One more thing that what should I do for my son.
1 include in flrm (if not they will invalid application, someone mention in this forum before)
2 separate apply mn1
3 wait for my ilr then apply because he is uk born so will not overstay.

[malik15]

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.

Does anyone know of any A1 English test for which the certificate can be obtained within days?

[ahyang0129]

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.

Does anyone know of any A1 English test for which the certificate can be obtained within days?

according to msmussaf this seems to be the best option...

[RANA-ALI]

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.

Does anyone know of any A1 English test for which the certificate can be obtained within days?

they gave you maximum time of 7 to 10 days for certificate, but if u like u can collect it in person, which will be the quicker option , but if u decide to get it by post , don't forget to pay extra for recorded/special delivery charges for peace of mind,
my dependent done A1 from one of the trinity exams center , the test turn out to be very easy, and they tell the result in 10 mins,

[KashRIz]

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.

Dear Mr ....,



From the 6th April 2014, dependants of PBS migrants who have already made their application or have been granted prior to 9 July 2012, and subject to transitional arrangements, will no longer be eligible to switch into the Part 8 Partner route.



All PBS dependants switching into the Partner route will now need to apply under Appendix FM and meet all of the requirements under that Appendix. This means that a partner will be required to complete a 5 year probationary period before becoming eligible for Indefinite Leave to Remain.



Regards



Mark Roberts | Family Migration Operational Policy |

Immigration and Border Policy | Home Office |

As far as I understand even if we apply now we will get our visa after 6th and then new rules apply.

[ahyang0129]

As far as I understand even if we apply now we will get our visa after 6th and then new rules apply.

this is a misunderstanding. see for yourself "Implementation" (c) in HC1138 at p. 2

this thread (and its links)has everything you need to know about Dependant of ILR (long residence) applicant on PBS leave

[KashRIz]

As far as I understand even if we apply now we will get our visa after 6th and then new rules apply.

this is a misunderstanding. see for yourself "Implementation" (c) in HC1138 at p. 2

this thread (and its links)has everything you need to know about Dependant of ILR (long residence) applicant on PBS leave

Ok so wat is ur suggestion...should I apply for flrm now for my partner....

[KashRIz]

As far as I understand even if we apply now we will get our visa after 6th and then new rules apply.

this is a misunderstanding. see for yourself "Implementation" (c) in HC1138 at p. 2

this thread (and its links)has everything you need to know about Dependant of ILR (long residence) applicant on PBS leave

Ok so wat is ur suggestion...should I apply for flrm now for my partner....

[SSWSZ]

ILR applications for PBS deps - spouse long residence

Postby Amber_ » Sat Aug 03, 2013 6:01 am

I was informed by the settlement policy ops team that they plan to review how cases are being administered. This will include how PBS deps are qualifying for settlement under Part 8 when their spouses were not on a PBS route to settlement. We may see, shortly, that the changes which were created in April 2013 coming into affect soon.

If this happens, those PBS dependants whose spouse were not on a PBS route to settlement (I.e, settled as a long residence) will no longer by able to use Part 8 (2 year qualifying period) nor will they be able to combine the time as a PBS dependent with that of flr(m).

[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

[rajamahbub]

Hi everyone,
My wife's Tier 1 General visa doesn't run out until Jan 2016 and I am waiting for my ILR applied on 1st Feb, 2014. Because of this new rules coming in place on 6th April, 2014, can my wife apply now on FLR (M) before I get my decision? I will be grateful if someone can please clarify this.
Thanks.

[SSWSZ]

Yes she can apply for flr any time before the expiry of her visa but still everyone is wondering that by doing so if the dependent came under before April rules or post April rules .

Hi everyone,
My wife's Tier 1 General visa doesn't run out until Jan 2016 and I am waiting for my ILR applied on 1st Feb, 2014. Because of this new rules coming in place on 6th April, 2014, can my wife apply now on FLR (M) before I get my decision? I will be grateful if someone can please clarify this.
Thanks.

[rajamahbub]

Yes she can apply for flr any time before the expiry of her visa but still everyone is wondering that by doing so if the dependent came under before April rules or post April rules .

Hi everyone,
My wife's Tier 1 General visa doesn't run out until Jan 2016 and I am waiting for my ILR applied on 1st Feb, 2014. Because of this new rules coming in place on 6th April, 2014, can my wife apply now on FLR (M) before I get my decision? I will be grateful if someone can please clarify this.
Thanks.

Thanks SS. Thats another puzzle now! So there is no problem applying through FLR (M) for my wife before I get my decision then.
I hope and pray I get my decision before 6th April.

[GOd Helps]

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.


my case is exactly like yours , waitihng for ILR , dependant on currently tier 4 , came in 2007

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.

[rajamahbub]

Yes she can apply for flr any time before the expiry of her visa but still everyone is wondering that by doing so if the dependent came under before April rules or post April rules .

Hi everyone,
My wife's Tier 1 General visa doesn't run out until Jan 2016 and I am waiting for my ILR applied on 1st Feb, 2014. Because of this new rules coming in place on 6th April, 2014, can my wife apply now on FLR (M) before I get my decision? I will be grateful if someone can please clarify this.
Thanks.

According to Statement of Changes, in implementation section, if anybody applies before 6th April they'll come under old rules. It states here:

With regard to the other changes, if an applicant has made an application for entry clearance or leave before 6 April 2014, the application will be decided in accordance with the Rules in force on 5 April 2014.

Vinny also mentioned this in another thread.

[hassan5805]

Yes That's right Brother 17 March 2014 and send postal order. Did not receive any acknowledgement . Do you know how long does it take usually?

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

[maaan143]

As far as I understand even if we apply now we will get our visa after 6th and then new rules apply.

this is a misunderstanding. see for yourself "Implementation" (c) in HC1138 at p. 2

this thread (and its links)has everything you need to know about Dependant of ILR (long residence) applicant on PBS leave

HC 1138 also saying
"With regard to the other changes, if an applicant has made an application for
entry clearance or leave before 6 April 2014, the application will be decided in
accordance with the Rules in force on 5 April 2014. "

[sadiq.wmin]

Hi All,

I have applied 9th November 2013, and its been long still not heard anything. Specially this month every day i m hoping i get something... As i can see half of the November applications are completing the process, i tried to call 0300 123 2241 - once i dial this number i have to wait for long time and then no answer, some time it was says... All our advisers are busy call back some other time...

What should i do ? expect wait ?

any idea guys ? ? ?

Thanks in Advance

Sadiq

[GOd Helps]

As far as I understand even if we apply now we will get our visa after 6th and then new rules apply.

this is a misunderstanding. see for yourself "Implementation" (c) in HC1138 at p. 2

this thread (and its links)has everything you need to know about Dependant of ILR (long residence) applicant on PBS leave

HC 1138 also saying
"With regard to the other changes, if an applicant has made an application for
entry clearance or leave before 6 April 2014, the application will be decided in
accordance with the Rules in force on 5 April 2014. "

A QUESTION
\I APPLIED FOR ilr set (LR) IN JAN ,AWAITING DECISION, MY WIFE ON DEPENDENT TIER 4 CURRENTLY, IF WE APPLY FOR HER flrM BEFORE 6TH ARPRIL ,IT IS EXPECTED WE GET HER DECISION AFTER THAT, I UNDERSTAND SHE WILL BE UNDER 2 YEAR ROUTE ,BUT CAN SHE COMBINE HER LEAVE AS DEPENDANT TIER 4 TO QUALIFY FOR SETTLEMENT AFTER 6 APRIL AS NOTHING HAS CHANGED IN CLAUSE 287.
YOUR REPLY IS MUCH APPRECIATED.

[HowILR]

As far as I understand even if we apply now we will get our visa after 6th and then new rules apply.

this is a misunderstanding. see for yourself "Implementation" (c) in HC1138 at p. 2

this thread (and its links)has everything you need to know about Dependant of ILR (long residence) applicant on PBS leave

HC 1138 also saying
"With regard to the other changes, if an applicant has made an application for
entry clearance or leave before 6 April 2014, the application will be decided in
accordance with the Rules in force on 5 April 2014. "

as far as i understands that people who are already granted flr(m) they can switch to set(m) before 6th april.

pls correct me if i'm wrong.. this home office is killing our life

[maaan143]

A little good news for PBS dependants....

if you waiting for your partner ILR on 10 years rout, dont forget to apply before 06 April 2014. Becaz you will get visa on flr m for two years if you apply before......otherws it will b 5 years(30 months+30 months).......and dont forget to send cover letter with ur application...u can also find that cover letter on sky drive.....

if they r not including ur previous time in 2 years in ur set m application ....still u can atleast get ur ilr after 2 years wich is better than 5 years ......

[maaan143]

A QUESTION
\I APPLIED FOR ilr set (LR) IN JAN ,AWAITING DECISION, MY WIFE ON DEPENDENT TIER 4 CURRENTLY, IF WE APPLY FOR HER flrM BEFORE 6TH ARPRIL ,IT IS EXPECTED WE GET HER DECISION AFTER THAT, I UNDERSTAND SHE WILL BE UNDER 2 YEAR ROUTE ,BUT CAN SHE COMBINE HER LEAVE AS DEPENDANT TIER 4 TO QUALIFY FOR SETTLEMENT AFTER 6 APRIL AS NOTHING HAS CHANGED IN CLAUSE 287.
YOUR REPLY IS MUCH APPRECIATED.[/quote]


an email reply from UKVI

Question: Do dependants of PBS Migrants who apply for LTR as the Partner of a settled person begin their qualifying period again?

Answer: If the applicant was granted leave as a dependant before 9 July 2012 and were on a route to settlement (under Tier 1 or Tier 2) they can combine their leave as a PBS dependant with leave as the Partner of a settled person to meet the qualifying period under paragraph 287. All other applicants must start the qualifying period again.

[GOd Helps]

A QUESTION
\I APPLIED FOR ilr set (LR) IN JAN ,AWAITING DECISION, MY WIFE ON DEPENDENT TIER 4 CURRENTLY, IF WE APPLY FOR HER flrM BEFORE 6TH ARPRIL ,IT IS EXPECTED WE GET HER DECISION AFTER THAT, I UNDERSTAND SHE WILL BE UNDER 2 YEAR ROUTE ,BUT CAN SHE COMBINE HER LEAVE AS DEPENDANT TIER 4 TO QUALIFY FOR SETTLEMENT AFTER 6 APRIL AS NOTHING HAS CHANGED IN CLAUSE 287.
YOUR REPLY IS MUCH APPRECIATED.

an email reply from UKVI

Question: Do dependants of PBS Migrants who apply for LTR as the Partner of a settled person begin their qualifying period again?

Answer: If the applicant was granted leave as a dependant before 9 July 2012 and were on a route to settlement (under Tier 1 or Tier 2) they can combine their leave as a PBS dependant with leave as the Partner of a settled person to meet the qualifying period under paragraph 287. All other applicants must start the qualifying period again.[/quote]

thanks MAAN , can yuo please share the link of that cover letter of FLRm that you mentioned
Also this means that even if the rules would have chanded as adependant tier you could not amalgamate.

[HowILR]

A little good news for PBS dependants....

if you waiting for your partner ILR on 10 years rout, dont forget to apply before 06 April 2014. Becaz you will get visa on flr m for two years if you apply before......otherws it will b 5 years(30 months+30 months).......and dont forget to send cover letter with ur application...u can also find that cover letter on sky drive.....

if they r not including ur previous time in 2 years in ur set m application ....still u can atleast get ur ilr after 2 years wich is better than 5 years ......

thx maaan143 for usefull info but do u think 5 years time will start after my dependent switch to flr(m) if my dependent apply after 6th april..so her(my dependent) spent time in uk won't count. thx