10 years long residence applications

GOd Helps · Post by **GOd Helps** » Thu Mar 20, 2014 11:09 pm

ahyang0129 wrote:
GOd Helps wrote:
284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which was given in accordance with any of the provisions of these Rules, other
than where as a result of that leave he would not have been in the United Kingdom
beyond 6 months from the date on which he was admitted to the United Kingdom on this
occasion in accordance with these Rules, unless:

this means as long as the leave is valid for more than 6 months then it is fine.

if the leave is less than 6 months then...

(a) the leave in question is limited leave to enter as a fiancé or proposed civil
partner; or

it is also fine if it is a fiancé visa

(b) the leave in question was granted to the applicant as the spouse, civil partner,
unmarried or same-sex partner of a Relevant Points Based System Migrant
(excluding a Tier 5 (Temporary Worker) other than a private servant in a
diplomatic household who applied to enter the UK before 6 April 2012 or a Tier 4
(General) Student) and that spouse or partner is the same person in relation to
whom the applicant is applying for an extension of stay under this rule; and

it is fine if it is a pbs dependent visa excluding tier 4 and tier 5.

meaning: there is no problem with tier 4 visa valid for more than 6 months.

thank you so much so have cleared 99.9percent of confusion one last question it the remaining leave as tier 4 should be 6 months or more or the leave granted initially as tier 4 dependant should be 6months or more. Thanks in advance

smj_jak · Post by **smj_jak** » Thu Mar 20, 2014 11:23 pm

Hi Guys

I am writing this letter to seek your help and advise in the preparation of ILR (SET(LR)) Visa Application.

I have few issues in my case if any one can help me out.

1) I got my Tier 1 Entrepreneur visa through Upper Tribunal Court. Do I have to mention this in ILR (SET(LR)) Application and have to attached judgement copy too.

2) Could you please let me know do I have to take English test to qualify KoLL. However I did Master Degree(MBA) from UK University and also I did Life in UK Test.

3) I got total 6 points on my driving license in two different traffic violation. which is given by a police officers. Do I have to mention this in Application.

Yours help and Support will be much appreciated,

Thanks & Reg

msmussaf · Post by **msmussaf** » Fri Mar 21, 2014 12:05 am

Hi gurus

Any update or loophole on FLR M if apply before 6th apr 2014 and can amalgamate previous tier 4 dependant leave to fulfill the requirement of 5 years or 2 years?

ahyang0129 · Post by **ahyang0129** » Fri Mar 21, 2014 12:06 am

GOd Helps wrote:
ahyang0129 wrote:
284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which was given in accordance with any of the provisions of these Rules, other
than where as a result of that leave he would not have been in the United Kingdom
beyond 6 months from the date on which he was admitted to the United Kingdom on this
occasion in accordance with these Rules, unless:

this means as long as the leave is valid for more than 6 months then it is fine.

if the leave is less than 6 months then...

(b) the leave in question was granted to the applicant as the spouse, civil partner,
unmarried or same-sex partner of a Relevant Points Based System Migrant
(excluding a Tier 5 (Temporary Worker) other than a private servant in a
diplomatic household who applied to enter the UK before 6 April 2012 or a Tier 4
(General) Student) and that spouse or partner is the same person in relation to
whom the applicant is applying for an extension of stay under this rule; and

it is fine if it is a pbs dependent visa excluding tier 4 and tier 5.

meaning: there is no problem with tier 4 visa valid for more than 6 months.
thank you so much so have cleared 99.9percent of confusion one last question it the remaining leave as tier 4 should be 6 months or more or the leave granted initially as tier 4 dependant should be 6months or more. Thanks in advance

the wording is "...a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion..."

it should be that as long as the combination of the leaves is more than 6 months than it is fine.
i vaguely recall that on the old ukba website had an explanation on this that even one's first leave was less than 6 months, as long as he or she has granted extension to stay and as a result has live in the uk for more than 6 months from the date of enter then he or she is eligible to switch. honestly no sure.

GOd Helps · Post by **GOd Helps** » Fri Mar 21, 2014 12:15 am

thank you,
another thing
for flrm now please tel me if
my monthly income is 1317 i pay a rent of 750
I have got two kids both born in uk so they are not not applying .
over all we are a family of 4 2 adults and two kids
is my income adequate if not what should i do

ahyang0129 · Post by **ahyang0129** » Fri Mar 21, 2014 12:26 am

GOd Helps wrote:thank you,
another thing
for flrm now please tel me if
my monthly income is 1317 i pay a rent of 750
I have got two kids both born in uk so they are not not applying .
over all we are a family of 4 2 adults and two kids
is my income adequate if not what should i do

read this one and make your own calculation

GOd Helps · Post by **GOd Helps** » Fri Mar 21, 2014 12:51 am

ahyang0129 wrote:
GOd Helps wrote:thank you,
another thing
for flrm now please tel me if
my monthly income is 1317 i pay a rent of 750
I have got two kids both born in uk so they are not not applying .
over all we are a family of 4 2 adults and two kids
is my income adequate if not what should i do
read this one and make your own calculation

I am not meeting can I include rental income from abroad I have proprty in my name from which I receive income monthly

gulll · Post by **gulll** » Fri Mar 21, 2014 1:58 am

Hardikjshah83 wrote:does anyone what what could be the worst for OUT OF TIME ILR application.

basically looking at the

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

page 12, it says if the appeal and withdrawn and new application been sent at the same time the application is treated as out of time, even if that has been done on the same day. (exactly what I have done in my ILR application)

in case if my ILR get refused - will I not get appeal rights (because my application was out of time) pelase shed some lights?

thx.

hi hardik, I have read the paragraph you cited, in my opinion you need not to worry you are safe as you did apply before the revised guidance (13th March 2014) but on same time you made me worried as I will be applying soon the way you did. will discuss it with my solicitor too, lets hope it does't effect mine.

ahyang0129 · Post by **ahyang0129** » Fri Mar 21, 2014 2:03 am

GOd Helps wrote:
I am not meeting can I include rental income from abroad I have proprty in my name from which I receive income monthly

sorry this is beyond what i know. but i think your best bet is on cash saving as it was in my case. i prepared an amount of savings enough to make up the deficit for 24 months. i don't know if it is excessive or just enough but i passed the requirement anyway. read this on p. 11 for evidence requirement.

GOd Helps · Post by **GOd Helps** » Fri Mar 21, 2014 6:52 am

ahyang0129 wrote:
GOd Helps wrote:
I am not meeting can I include rental income from abroad I have proprty in my name from which I receive income monthly
sorry this is beyond what i know. but i think your best bet is on cash saving as it was in my case. i prepared an amount of savings enough to make up the deficit for 24 months. i don't know if it is excessive or just enough but i passed the requirement anyway. read this on p. 11 for evidence requirement.

I HAVE SENT YOU A PM

KA941 · Post by **KA941** » Fri Mar 21, 2014 9:32 am

Hi guys

Just a small question, and was wondering if any of the experts can help.

If I am granted ILR based on long residency, can my wife switch to dependent of settled person visa, and then apply soon after that for her ILR since she has completed her 2 years already in UK. She came as a dependent of PBS Tier 1 General Migrant.

I believe this is possible under current rules under transitional arrangements but not sure if it will be the same case after 6th of April 2014

Many thanks in advance

KA

ShumailaKh4n · Post by **ShumailaKh4n** » Fri Mar 21, 2014 10:18 am

Hi All,

I need to ask a tiny question, as my application for ILR is due next month, I am worried about the court fine I was issued last year which I have completely paid off via installments. The fine was related to transport (London buses) and I had to go to the court to receive the fine.

So Before I apply :

1 - What check do I need to do (is it CRB or sometihng else)
2 - Will my case be considered as unspent time ?
3 - I have checked the Experian credit file and nothing shows up on its report

Please advise, there are so many different versions of information here with various different responses. Or kindly direct me to the correct links for information.

Thanks
Skhan

CKP · Post by **CKP** » Fri Mar 21, 2014 11:48 am

Dear Gurus, moderators and friends, Is there anybody who can help me on the following situation.

I came to this country on 3rd Jan 2005 on a student visa. My wife joined me as a student dependent on 3rd April 2005. I have changed my visa on July 2010 from Student to PSW (post study work) and my wife visa switched from student dependent to PSW dependent. My PSW visa was valid until July 2012. In July 2011 I applied for Tier 1 General which was approved but wife application was returned because she missed to sign in the form. She applied once again after 4 months and it was granted.

Now my question is when my wife applies for 10 year based ILR in April 2015 than her residency count as a broken or count as a continuous residency.

Waiting for you reply.
Thanks

HowILR · Post by **HowILR** » Fri Mar 21, 2014 12:10 pm

CKP wrote:Dear Gurus, moderators and friends, Is there anybody who can help me on the following situation.

I came to this country on 3rd Jan 2005 on a student visa. My wife joined me as a student dependent on 3rd April 2005. I have changed my visa on July 2010 from Student to PSW (post study work) and my wife visa switched from student dependent to PSW dependent. My PSW visa was valid until July 2012. In July 2011 I applied for Tier 1 General which was approved but wife application was returned because she missed to sign in the form. She applied once again after 4 months and it was granted.

Now my question is when my wife applies for 10 year based ILR in April 2015 than her residency count as a broken or count as a continuous residency.

Waiting for you reply.
Thanks

it will count as continous residency becuz her psw visa was valid till july 2012 and i beleived she applied before that

CKP · Post by **CKP** » Fri Mar 21, 2014 12:52 pm

HowILR wrote:
CKP wrote:Dear Gurus, moderators and friends, Is there anybody who can help me on the following situation.

I came to this country on 3rd Jan 2005 on a student visa. My wife joined me as a student dependent on 3rd April 2005. I have changed my visa on July 2010 from Student to PSW (post study work) and my wife visa switched from student dependent to PSW dependent. My PSW visa was valid until July 2012. In July 2011 I applied for Tier 1 General which was approved but wife application was returned because she missed to sign in the form. She applied once again after 4 months and it was granted.

Now my question is when my wife applies for 10 year based ILR in April 2015 than her residency count as a broken or count as a continuous residency.

Waiting for you reply.
Thanks
it will count as continous residency becuz her psw visa was valid till july 2012 and i beleived she applied before that

#

Thanks HowILR,

Yes she did apply in Oct 2011. That means she can apply for ILR in March 2015 and she do not have to worried about all these FLR(M) changes

Thanks

malik15 · Post by **malik15** » Fri Mar 21, 2014 4:58 pm

Hi all,

When will we know the exact impact of changes to 284(i) for PBS dependants e.g. is it really happening, can PBS dependant and FLR(M) leave be amalgamated?

Also, if I just look at the 284(i) change, it looks that leave to remain cannot be extended for PBS dependants under the new rules, which rules will the new FLR(M) FM appendix fall under?

Regards
Malik15

msmussaf · Post by **msmussaf** » Fri Mar 21, 2014 5:07 pm

malik15 wrote:Hi all,

When will we know the exact impact of changes to 284(i) for PBS dependants e.g. is it really happening, can PBS dependant and FLR(M) leave be amalgamated?

Also, if I just look at the 284(i) change, it looks that leave to remain cannot be extended for PBS dependants under the new rules, which rules will the new FLR(M) FM appendix fall under?

Regards
Malik15

Don't worry we are in same boat. lets see what is going to happen but be ready regarding documents e.g. A1 English requirement etc for FLR M. My be we need to submit the form at 11th hour.

msmussaf · Post by **msmussaf** » Fri Mar 21, 2014 5:08 pm

rudy007 wrote:Hi guys following is my timeline

Date submitted 7/2/14
Bio invitation 20/02/14
Bio enrolled 25/2/14

Insha Allah hope will get a good reply soon Ameen

Insha Allah

bb2012 · Post by **bb2012** » Fri Mar 21, 2014 5:11 pm

Hi Malik15,

Could you explain this please for me.

"it looks that leave to remain cannot be extended for PBS dependants under the new rules"

Thanks

msmussaf wrote:
malik15 wrote:Hi all,

When will we know the exact impact of changes to 284(i) for PBS dependants e.g. is it really happening, can PBS dependant and FLR(M) leave be amalgamated?

Also, if I just look at the 284(i) change, it looks that leave to remain cannot be extended for PBS dependants under the new rules, which rules will the new FLR(M) FM appendix fall under?

Regards
Malik15

Don't worry we are in same boat. lets see what is going to happen but be ready regarding documents e.g. A1 English requirement etc for FLR M. My be we need to submit the form at 11th hour.

Palmist · Post by **Palmist** » Fri Mar 21, 2014 6:50 pm

March_LR14 wrote:Hi,

Any good news regarding approval today? It looks like HO is still dealing with November applications as none of the December applicants on this forum got a decision.

I was seriously hoping the way home office was working in Jan/Feb and prior to that it will bring the processing time down to 3 months but it looks like 6 months wait is on cards for me

Guys,

I applied around 6, 7 of December, Bio Done on Jan 1st Week

Just got all my documents back and a letter saying that BRP will be sent separately. No mention if the application has been approved or not.

msmussaf · Post by **msmussaf** » Fri Mar 21, 2014 7:12 pm

Palmist wrote:
March_LR14 wrote:Hi,

Any good news regarding approval today? It looks like HO is still dealing with November applications as none of the December applicants on this forum got a decision.

I was seriously hoping the way home office was working in Jan/Feb and prior to that it will bring the processing time down to 3 months but it looks like 6 months wait is on cards for me
Guys,

I applied around 6, 7 of December, Bio Done on Jan 1st Week

Just got all my documents back and a letter saying that BRP will be sent separately. No mention if the application has been approved or not.

congrats man. Celebrate it
If they refused why they are sending BRP.

smileybee · Post by **smileybee** » Fri Mar 21, 2014 7:12 pm

Congrats

March_LR14 · Post by **March_LR14** » Fri Mar 21, 2014 7:27 pm

Palmist wrote:
March_LR14 wrote:Hi,

Any good news regarding approval today? It looks like HO is still dealing with November applications as none of the December applicants on this forum got a decision.

I was seriously hoping the way home office was working in Jan/Feb and prior to that it will bring the processing time down to 3 months but it looks like 6 months wait is on cards for me
Guys,

I applied around 6, 7 of December, Bio Done on Jan 1st Week

Just got all my documents back and a letter saying that BRP will be sent separately. No mention if the application has been approved or not.

Hi Palmist,

Many congratulations. Most of the people on this forum who got their application approved got the same letter stating that a BRP will be sent separately.

Could you please tell us about your immigration history as in what visa's you had during your 10 years residence. It will greatly help other users on this forum.

Enjoy your Freedom

Thanks

March_LR14 · Post by **March_LR14** » Fri Mar 21, 2014 7:30 pm

smileybee wrote:Congrats

Bro,

Dont worry you will get good news next week Insha Allah.

Keep the hope alive.

bhamblues · Post by **bhamblues** » Fri Mar 21, 2014 7:34 pm

Hi,
Here is my timeline so far

Application sent - 21/02/14
Acknowledgment Letter - 5/03/14
Bio-metric Invitation - 12/03/14
Bio-metric done - 20/03/14

I have been out of the country for a total of 511 days in the last 10 years with a single absence of 240 days due to mother's illness. I have submitted my application through a solicitor and have kept doctors letters/reports as back up documents. Lets hope for the best.

Anyone has been in similar situation before? Plz share your thoughts here. Thanks

Immigrationboards.com: Immigration, work visa and work permit discussion board

10 years long residence applications

Re: 10 years long residence applications