10 years long residence applications

[virgono1]

Dear Friends
What is home office doing? What policy changes are taking place?

I Applied my SET(LR) in Nov 2013 & got My ILR on 6th Mar 2014.
My wife's visa was expiring during that time so we applied for her FLR(M) in Dec 2013 and asked HO to hold her case until the outcome of my ILR. Please note, we did not show any income as she was here for more then 6 years(before July 2012) as a Student Dependent.

When I got my ILR, I sent a copy to Home office to update my wife's application.

Today we received a letter from HO, here is what it says.

"Thank you for your application for permission to stay in the UK.
Although we would normally decide your application within eight weeks from the date it was submitted, unfortunately this is not going to be possible in your case.
This is because there are outstanding policy issues which need to be resolved which could affect the outcome of your case.
I am sorry for the delay in dealing with your application and for the inconvenience this is causing. Please be assured that we are doing all we can to make a decision on your case as quickly as possible."

Now my question is that what policy changes are taking place?
What should/can we do?

In case HO refuse her FLR(M), will they give her visa in any other category?

Really appreciate the work you guys are doing. God bless you all who are making effort and helping others.

Regards

[londonbd2013]

Your wife doesnot need to show any income threshold .i attach my hubby 3 month bank statement and payslips and get ILR and flr same day in Croydon 3 feb this year .you have to write just total income . For self employment accountant letter and hmrc unique ref num is sufficient .

Hi SSWSZ,
Could you please let me know whether your husband got his ILR under 10years lawful residence or he was a work permit holder? I'm deeply worried about my wife situation. She's applying end of this week. I got my ILR last month & my last visa was Tier4 student & she was Tier4 student dependant? Could you please let me know whether we can still switch her in to SET(M) just after doing the FLR(M) on the same day or next day after approval of FLR(M). I want to do this just before 6th April 2014 when new rules just kicking in. She got masters degree from a UK university & done LIUK test as well.You know I badly need your advise as some lawyers told me that it's not possible for those who were on tier4 & the got their ILR, their Spouse won't be eligible it's only for the work permit holders?

my hubby got ILR due to long residency in dec 13 I myself applied for direct set(m) in Croydon but unfortunately I have to switch to flr and set(m) .here is the mail I receive from ho which save me on that day .for your situation if you get flr before 6april or atleast apply before that ur wife will come under old rules means she can apply for set(m) even after 6 April .in Croydon office they stop doing 2 visas in 1 day but you can apply as soon as you got ur brp for flr then straight away apply for set m .you can search few pages before and you will get that mail as well which someone share for those who apply flr before April 6.i am pasting my home office mail here for your ref about 18600 income .hope this helps

Dear Sir/Madam,

Thank you for your email, I apologise for the delay in responding.

1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).

2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:
http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.

4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).

I trust this clarifies the situation.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

From: asher . [mailto:s710@hotmail.com]
Sent: 14 December 2013 20:31
To: Settlement Ops Policy Mailbox; Public Enquiries (CD)
Subject: ILR QUERY

Dear Home Office,

Could you please help and advice me,

my spouse (the Main applicant) got ILR on the basis of ten years long residency and I had a Tier 1 dependent (PSW) status up till end of FEB, 2014 .I got tier 1 migrant dependent visa(as written on approval letter) on 27 feb 2012.Now
My questions are,

1- Do I need to show (18,600) income threshold for FLR (M) visa as I came very first time as student dependent in UK in SEP 2006 and then convert to tier 1 dependent on 27 feb 2012 ?

2- After switching to FLR (M), can I apply for ILR immediately as I already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.

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Please reply me ASAP.
Many thanks in advance

Thanks a lot SSWSZ,
All I want to say THANK YOU , You r doing a brilliant job here by sharing your valuable knowledge. One lawyer just told me that this transitional arrangement doesn't apply for those who were Tier4 just before their ILR? By hearing that I'm just shocked? He also told me that either they will give her 2 years visa or hold her application as they waiting for a verdict for new rule which I'm not aware of. Please reply me as not only me here is a lot of people just waiting for your valuable posts.
Many thank in advance

[londonbd2013]

Thanks a lot SSWSZ,
All I want to say THANK YOU , You r doing a brilliant job here by sharing your valuable knowledge. One lawyer just told me that this transitional arrangement doesn't apply for those who were Tier4 just before their ILR? By hearing that I'm just shocked? He also told me that either they will give her 2 years visa or hold her application as they waiting for a verdict for new rule which I'm not aware of. Please reply me as not only me here is a lot of people just waiting for your valuable posts.
Many thank in advance

[necter03]

Hi Khizarm,

I think the case worker has made a mistake. ED EXCEL ESOL is definitely an approved test. Check in the Ofqual website with the qualification number which is 100/5063/2.

[Ak004]

Hi,
I am worried now getting no news from Home office, applied on 09th Dec 2013 bio done on 09th Jan
If some one helps me my query is: had refusal in 2010 on basis of college not listed and appealed
for it ND won my case and HO had send me new visa as Bio metric card and did not ask me about any documents as passports
or any thing . All extensions were on time every thing was smooth except that query .
Thanks

[M2013]

Hi, Senior Members!!!

source:
https://www.gov.uk/long-residence/eligibility

Your 10-year qualifying period starts from either:
when you arrived in the UK with a visa
when you were given permission to stay in the UK

1) Do you know anybody who successfully apply and got ILR when refer to the date "when you were given permission to stay in the UK"?
My first visa was issued on January 11, 2005 -> I arrived on April 17, 2005.
2) Do you think I have a chance? Otherwise my last visa expires on February 17, 2015 and I need to prolong it and than apply on April 17, 2015.

Thank you in advance for your reply

[Ak004]

Hi, Senior Members!!!

source:
https://www.gov.uk/long-residence/eligibility

Your 10-year qualifying period starts from either:
when you arrived in the UK with a visa
when you were given permission to stay in the UK

1) Do you know anybody who successfully apply and got ILR when refer to the date "when you were given permission to stay in the UK"?
My first visa was issued on January 11, 2005 -> I arrived on April 17, 2005.
2) Do you think I have a chance? Otherwise my last visa expires on February 17, 2015 and I need to prolong it and than apply on April 17, 2015.

For me you will be fine just apply 28 days before and you can do it now . better to be after arrival date so choose April 17

Thank you in advance for your reply

[khizarm]

Hi Khizarm,

I think the case worker has made a mistake. ED EXCEL ESOL is definitely an approved test. Check in the Ofqual website with the qualification number which is 100/5063/2.

Thanks for reply yes this is approved for settlement and nationality but for flr m its not approved. Some one says to me . Any idea what can i do now?

[M2013]

Thank you, Ak004.
There will be 3 months 6 day difference between the date if visa issue and the date of my arrival.
If I apply on January 11, 2015? I have some doubts about our chance to prolong the visa next year to cover these 3 months (we are tier 1 general)
Any ideas? Maybe someone has got the same situation and his application was successful?

For me you will be fine just apply 28 days before and you can do it now . better to be after arrival date so choose April 17

Hi, Senior Members!!!

source:
https://www.gov.uk/long-residence/eligibility

Your 10-year qualifying period starts from either:
when you arrived in the UK with a visa
when you were given permission to stay in the UK

1) Do you know anybody who successfully apply and got ILR when refer to the date "when you were given permission to stay in the UK"?
My first visa was issued on January 11, 2005 -> I arrived on April 17, 2005.
2) Do you think I have a chance? Otherwise my last visa expires on February 17, 2015 and I need to prolong it and than apply on April 17, 2015.

Thank you in advance for your reply

[Ak004]

Hi,
I am worried now getting no news from Home office, applied on 09th Dec 2013 bio done on 09th Jan
If some one helps me my query is: had refusal in 2010 on basis of college not listed and appealed
for it ND won my case and HO had send me new visa as Bio metric card and did not ask me about any documents as passports
or any thing . All extensions were on time every thing was smooth except that query .
Thanks

could some one helps me out shall I call HO?

[pman25]

Good morning all,

Great News! My ILR has been APPROVED! My wait is finally over. Good luck to everyone who are still waiting patiently.

Timeline
Applied 25/11/14
Acknowledgement 29/11/14
Biometric Invite 04/01/14
Biometric enrolled 07/01/14
Approval and Doc 27/03/14 (Received) 24/3/14 (dated)
BRP 26/03/14

[ik_aam_insaan]

Hello guys
I have a question my wife got tier 1 dependant visa till 2016 .once i get my ilr do i have to change her visa straight away or i can wait 6 months and then apply . Is her visa stays valid or not ?
Please reply

[SSWSZ]

Her visa remain valid but she has to change to flr either way

Hello guys
I have a question my wife got tier 1 dependant visa till 2016 .once i get my ilr do i have to change her visa straight away or i can wait 6 months and then apply . Is her visa stays valid or not ?
Please reply

[Ali1975]

I think it makes no any difference and you will get a standard reply that your application is "under process". lots of people still waiting from November and October, its just normal, I think if you applied in time in 2010 and submitted in time appeal, you are fine and your continues residency is not broken , just wait for a big day of freedom.

Hi,
I am worried now getting no news from Home office, applied on 09th Dec 2013 bio done on 09th Jan
If some one helps me my query is: had refusal in 2010 on basis of college not listed and appealed
for it ND won my case and HO had send me new visa as Bio metric card and did not ask me about any documents as passports
or any thing . All extensions were on time every thing was smooth except that query .
Thanks

could some one helps me out shall I call HO?

[necter03]

Hi Khizarm,

I think the case worker has made a mistake. ED EXCEL ESOL is definitely an approved test. Check in the Ofqual website with the qualification number which is 100/5063/2.

Thanks for reply yes this is approved for settlement and nationality but for flr m its not approved. Some one says to me . Any idea what can i do now?

Hi Khizarm,

If it is approved for settlement, it is approved for FLR too. Have a look in the relevant section in the HO website. The minimum requirement for FLR is A1. They should also accept anything above A1.

[ahyang0129]

source:
https://www.gov.uk/long-residence/eligibility

Your 10-year qualifying period starts from either:
when you arrived in the UK with a visa
when you were given permission to stay in the UK

1) Do you know anybody who successfully apply and got ILR when refer to the date "when you were given permission to stay in the UK"?
My first visa was issued on January 11, 2005 -> I arrived on April 17, 2005.
2) Do you think I have a chance? Otherwise my last visa expires on February 17, 2015 and I need to prolong it and than apply on April 17, 2015.

your lawful residence in the uk started from 17 apr 2005, ie, the date shown on the stamp, not the vignette.

[shantha]

Hi,
I am worried now getting no news from Home office, applied on 09th Dec 2013 bio done on 09th Jan
If some one helps me my query is: had refusal in 2010 on basis of college not listed and appealed
for it ND won my case and HO had send me new visa as Bio metric card and did not ask me about any documents as passports
or any thing . All extensions were on time every thing was smooth except that query .
Thanks

could some one helps me out shall I call HO?

Be patient you don't have to worry about anything home office could take unto 6 months for application process. After 6 months you can call them ask about your application.

[ik_aam_insaan]

Thanks SSWSZ for your reply .

My wifes done gese grade 5 level b1 from trinity college which is approved for SET M.
Can We use the same English qualifications for the spouse visa flr m .
As i was reading the post some one got refused because of English qualifications .

thanks

[rsb68]

Thanks SSWSZ for your reply .

My wifes done gese grade 5 level b1 from trinity college which is approved for SET M.
Can We use the same English qualifications for the spouse visa flr m .
As i was reading the post some one got refused because of English qualifications .

thanks

Yes it can be used for flr(m) as well because it is also in appendex O.

[rsb68]

Hi Khizarm,

I think the case worker has made a mistake. ED EXCEL ESOL is definitely an approved test. Check in the Ofqual website with the qualification number which is 100/5063/2.

Thanks for reply yes this is approved for settlement and nationality but for flr m its not approved. Some one says to me . Any idea what can i do now?

Hi Khizarm,

If it is approved for settlement, it is approved for FLR too. Have a look in the relevant section in the HO website. The minimum requirement for FLR is A1. They should also accept anything above A1.

It is not in appendex o.so it can not be used for flr m.

[M2013]

Thank you, ahyang0129.
Is it possible to get the General visitor visa and than to apply for 10 years residence? I have got some doubts regarding our chance to prolong Tier 1 on February 15, 2015. Or any other options, please advice.

My first visa was issued on January 11, 2005 -> I arrived on April 17, 2005.
2) Do you think I have a chance? Otherwise my last visa expires on February 17, 2015 and I need to prolong it and than apply on April 17, 2015.

your lawful residence in the uk started from 17 apr 2005, ie, the date shown on the stamp, not the vignette.

[ahyang0129]

Thank you, ahyang0129.
Is it possible to get the General visitor visa and than to apply for 10 years residence? I have got some doubts regarding our chance to prolong Tier 1 on February 15, 2015. Or any other options, please advice.

My first visa was issued on January 11, 2005 -> I arrived on April 17, 2005.
2) Do you think I have a chance? Otherwise my last visa expires on February 17, 2015 and I need to prolong it and than apply on April 17, 2015.

your lawful residence in the uk started from 17 apr 2005, ie, the date shown on the stamp, not the vignette.

i don't know if it is possible to get the general visitor visa after your current long stay visa expires. even if it is possible my guess is that it is difficult. but if you do get the visitor visa it counts toward your lawful stay.

i know some people will apply for extension to stay as a delay strategy to prolong their lawful stay but i don't know the details.

[mskhan78]

Hello Everyone . Experts Please help

I am applying FLR M for my wife tomorrow . Can someone please help me in filling form.

I need help in filling the flr m form. My wife came to uk on psw dependent in September 2012. Her visa is expiring July 2014 but i want to avoid the fee increase so applying now.

My application is pending on 10 years ILR

Help on the Form

Setion 2 : I have selected spouse of a person present and settled in the uk and a biometric immigration document. (is this correct?)

Section 2 point 2.2 which says "is this the first time you ahve applied for a visa or extension of stay in one of the above categories "?? yes or no??
She is applying flr m for the first time but she is already a dependent. what should i say yes or no?

In the same section they have a option which says if you are applying for any other reason - please explain below (on page 7) and there is a box to fill in. Do i fill in this box with the details of my ilr pending??

Section 3 point 3.15 "if your sponsor was not british from birth, when did your sponsor obtain settlement? asking for a date what should I say?
On what basis did your sponsor obtain settlement in the UK? my application is under consideration for ILR so What base should i mention??????

Please reply .

Regards

[Hardikjshah83]

Thank you, ahyang0129.
Is it possible to get the General visitor visa and than to apply for 10 years residence? I have got some doubts regarding our chance to prolong Tier 1 on February 15, 2015. Or any other options, please advice.

My first visa was issued on January 11, 2005 -> I arrived on April 17, 2005.
2) Do you think I have a chance? Otherwise my last visa expires on February 17, 2015 and I need to prolong it and than apply on April 17, 2015.

your lawful residence in the uk started from 17 apr 2005, ie, the date shown on the stamp, not the vignette.

Hi.

I think you should apply for some other cats gory and make sure your application is IN TIME application.i doubt you can have a general visitor visa specially from within the country. I suggest you should apply for some other catagory. Also please note you are only short from 17th feb 2015 to 18/19 march. As you will qualify to apply ILR 28 Days before your valid 10 yr finishes. I think you should consult some solicitor to explore the options for which they may change about 50-100 pound but you will get better picture and idea.

In theory you are short of 1 month only. In any other catagory you apply. You can then vary your application in most cases before you do your biometric for the interim application.

Hope this makes sense.

Good luck.

[hassan5805]

Wslam brov.. i hve reci for bio invitation today dated 24 march i will enroll tomorrow inshalla.

Congrats Man and enjoy the relax time.

No more extensions .. Pray for us too..

Regards

Salam Bro,

Have you received your Biometric invitation letter?

Thanks