10 years long residence applications

[allwell46]

Many thanks shahjee1234

Can you please provide me any reference from immigration rules


Regards

Dear forum members,

Can someone please clear my confusion by giving immigration rules link and references.
I was checking "apply to settle in the uk" for my wife see the link https://www.gov.uk/settle-in-the-uk
Click start
What is your situation, click on 2
How did they settle, some other ways
What is your relationship to that person, partner
What situation are you and your partner in, still with the partner

Results, and then it says

You can apply as the partner of a British citizen or person settled in the UK
You may be eligible for settlement (‘indefinite leave to remain’) if your partner is a:

British citizen
person settled in the UK
Partners are 2 people in a genuine relationship - you must be able to prove 1 of the following:

you’re married
you’re in a civil partnership
you’ve been in a relationship for 2 years
You and your partner must intend to continue your relationship after you apply for settlement.

Eligibility
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

Does this mean my wife has to spend 2 years on partner of a settled person visa before she can apply for ilr on set m.

I have always been reading on this forum that once i got ilr on long residency basis, first she needs to go flr m and them set m straight away.

My situation is , applied for ilr on set lr and application is still pending. Applied for wife,s flr m visa before 6 apr 2014 with covering letter to hold the application until mine one is decided. Wife came to uk in 2009 on tier 1 psw visa.

Please provide me informations with a reference from immigration rules.

Hi Allwell46,
Your wife was on a PBS dependent status prior to 09th July 2012, hence she is covered by the old rules. Means to say she has already spend her qualifying time for ILR as point based system dependent, so once she gets her FLR(M) visa and biometric card, she is open to apply for her ILR through SET(M), she don't need any qualifying time as she has already spend that as a PBS dependent. I hope it helps.
Kind regards
Shahjee

[omar1978]

hi
My wife got her visa after 9 July 2012..it was November 2012. But she applied on February 2012 for entry visa and her visa was refused but when did appeal they withdrawal their original decision.Previously my wife had 2 years psw dependent visa where she lived with me in UK 3 months but later went back home country.

My question is why we have to consider our-self "after 9 July 2012" it was not our fault they refused and later withdrawn their decision. ECO’s refusal decision is flawed in that he did not consider the relevant evidence.

I will appropriate for your reply, Thank you

Regards
omar

[shantha]

hi
My wife got her visa after 9 July 2012..it was November 2012. But she applied on February 2012 for entry visa and her visa was refused but when did appeal they withdrawal their original decision.Previously my wife had 2 years psw dependent visa where she lived with me in UK 3 months but later went back home country.

My question is why we have to consider our-self "after 9 July 2012" it was not our fault they refused and later withdrawn their decision. ECO’s refusal decision is flawed in that he did not consider the relevant evidence.

I will appropriate for your reply, Thank you

Regards
omar

Hi Omar,

How long your wife's leave to remain valid?

[shahjee1234]

hi
My wife got her visa after 9 July 2012..it was November 2012. But she applied on February 2012 for entry visa and her visa was refused but when did appeal they withdrawal their original decision.Previously my wife had 2 years psw dependent visa where she lived with me in UK 3 months but later went back home country.

My question is why we have to consider our-self "after 9 July 2012" it was not our fault they refused and later withdrawn their decision. ECO’s refusal decision is flawed in that he did not consider the relevant evidence.

I will appropriate for your reply, Thank you

Regards
omar

Hi Omar,
Not to worry mate, you wife is covered by the old rules, as she applied for the visa in February 2012, although it was refused but than you appealed and the process continued. So the date of application will still be February 2012, which means she is still covered by the old rules.
The only thing that I want to ascertain is that when you appealed against the refusal of the visa, was that appeal an in time appeal?? If it was an in time appeal than every thing is alright, old rules apply on her than. I hope it helps.
Kind regards
Shahjee

[KashRIz]

Hey guysss.....ANOTHER WEEK ANOTHER HOPE.....Lets see how many of us get a good news before this Easter Weekend....Good luck every one.

[shahjee1234]

Hey guysss.....ANOTHER WEEK ANOTHER HOPE.....Lets see how many of us get a good news before this Easter Weekend....Good luck every one.

You right KashRIz, another week and hope to hear some good news, fingers crossed. All the best.
Regards
Shahjee

[ILR102014]

It seems to be very quite today!!!

Any updates from any one on the new approvals???

[GOd Helps]

It seems to be very quite today!!!

Any updates from any one on the new approvals???

called HO mine still in progress seems our case worker is on holidays

[Hardikjshah83]

It seems to be very quite today!!!

Any updates from any one on the new approvals???

called HO mine still in progress seems our case worker is on holidays

DITTO...

[GOd Helps]

It seems to be very quite today!!!

Any updates from any one on the new approvals???

called HO mine still in progress seems our case worker is on holidays

DITTO...

any idea how many jan applications

[Hardikjshah83]

any idea how many jan applications

no idea.. HO will not release these figures until end of May or early June, however my feeling suggests it would be almost double the Nov or Dec application

in 2004 - January was considered as a possible intake for the studuent visa & also people who delayed there appliation due to Dec and early JAN holidays .. may hve submitted applications in January.. suggesting there should be about 1000 application for this month.

[KashRIz]

any idea how many jan applications

no idea.. HO will not release these figures until end of May or early June, however my feeling suggests it would be almost double the Nov or Dec application

in 2004 - January was considered as a possible intake for the studuent visa & also people who delayed there appliation due to Dec and early JAN holidays .. may hve submitted applications in January.. suggesting there should be about 1000 application for this month.

If we look at Sky drive Data JAN (34 Applications) is the third biggest month in last 12 months. Only SEP 2013 (63 Application) And AUG 2013 (51 Applications) had more applications then JAN 2014. And there is another factor involved here, children are at easter break and most of the parents take holidays in this period so I am assuming HO is short of staff due to holiday which can slow down the process a bit.

[Hardikjshah83]

any idea how many jan applications

no idea.. HO will not release these figures until end of May or early June, however my feeling suggests it would be almost double the Nov or Dec application

in 2004 - January was considered as a possible intake for the studuent visa & also people who delayed there appliation due to Dec and early JAN holidays .. may hve submitted applications in January.. suggesting there should be about 1000 application for this month.

If we look at Sky drive Data JAN (34 Applications) is the third biggest month in last 12 months. Only SEP 2013 (63 Application) And AUG 2013 (51 Applications) had more applications then JAN 2014. And there is another factor involved here, children are at easter break and most of the parents take holidays in this period so I am assuming HO is short of staff due to holiday which can slow down the process a bit.

oh well.. we waiting for 3 months.. we can wait few more days... MAY BE NOT..

[imi99999]

Hi Allwell46,
Your wife was on a PBS dependent status prior to 09th July 2012, hence she is covered by the old rules. Means to say she has already spend her qualifying time for ILR as point based system dependent, so once she gets her FLR(M) visa and biometric card, she is open to apply for her ILR through SET(M), she don't need any qualifying time as she has already spend that as a PBS dependent. I hope it helps.
Kind regards
Shahjee[/quote]
I am confused now
One says you can't combine PBS dependant time and now shah her saying otherwise

[faisaltanoli]

Good Afternoon.

I need help regarding one question from any senior member.

My wife came to UK in August 2004.

Then moved to student Visa in May 2005 which last till May 2008 and then i made an application to transferred her as my PBS dependent. They return the application and asked her to apply from home country.

She went back to Pakistan and applied for visa in July 2008, which they refuse on insufficient maintenance ground and i have made an appeal which successful in Feb 2009, but to stamp the passport they took seven more months.

Finally she arrives here on November 2009.

My question is whether she can apply for ILR on the basis of long residency, though she was out of the country 18 months, but it was due to their refusal which i have won eventually.

Please need an expert advise. My ILR application on long residency is in Process.

Thanks
Regards
M Faisal

[NasirNNN]

HI everyone

My wife receive acknowledgement letter for FLR(M) application but home office spell her surname wrong.should i need to write to address shown on letter ?
or there any specific address we need to inform them?

can anybody reply.

Kind Regards

[shahsahab]

Thanx shahjee again


Sorry for late answer. I think you have made everything clear fir me. I ll wait for my wife's lr and will do what ever you are saying. Can u plz tell me if she does ielts hiw many band she need for her application.i my self got uk master degree. But for her I don't know how many ielts band needed.


Can u plz help me in this regard

God bless you

Jazakallah

Shahsahab

[guyy]

Hi Everybody

I am new to posting on the site but have followed it closely for a while. I put in my application for ILR in october last year, did the biometrics in january and on 4/3/4 i received a letter requesting

- bank statements for month october 2013
- a letter from my employer stating my salary, my SOC code and if I was paid at or above the appropriate rate
- a letter from my employer stating why I had been absent from the country 4 times in the last 5yrs.

All this information was needed by 16th May 2014

My employer gladly provided all the information and explained my absences as sanctioned annual leave which was authorised. ( no more than 28 days)

My questions are these.

Is this standard practice and having provided all the documents ( bank statements where stamped printouts from my branch coz of time contraints.) and how long can i expect to wait for a decision.

Thanks

[shahjee1234]

Hi Allwell46,
Your wife was on a PBS dependent status prior to 09th July 2012, hence she is covered by the old rules. Means to say she has already spend her qualifying time for ILR as point based system dependent, so once she gets her FLR(M) visa and biometric card, she is open to apply for her ILR through SET(M), she don't need any qualifying time as she has already spend that as a PBS dependent. I hope it helps.
Kind regards
Shahjee

I am confused now
One says you can't combine PBS dependant time and now shah her saying otherwise[/quote]

Hi imi99999,
Don't get confused, I advised him according to his wife's circumstances. May be your circumstances are different than Allwell46.
Just to clarify if your dependent was on a PBS dependent status prior to 09th July 2012 and they have applied for their FLR(M) before 06th April 2014, than they can combine their PBS dependent time spend. Any body applying after 06th April 2014 cannot combine, they have to spend the qualifying time again. And there are two categories in them, one is the dependents who were PBS dependent prior to 09th July 2012, and they are applying for the FLR(M) after 06th April 2014, they have to spend qualifying time of 2 years to get eligible for their settlement, and the second category is of those dependents who got on to the PBS dependent status after 09th July 2012 and are applying for their FLR(M) after 06th April 2014, they have to spend 5 years qualifying time to get eligible for their settlement.
I hope it all makes sense for you, If you are still not clear, please feel free to ask with details of your case and me and the other members could comment. Many thanks.
Kind regards
Shahjee

[khizarm]

Dear shahjee1234 please see private message its urgent.

[ quote="shahjee1234"]

Hi Allwell46,
Your wife was on a PBS dependent status prior to 09th July 2012, hence she is covered by the old rules. Means to say she has already spend her qualifying time for ILR as point based system dependent, so once she gets her FLR(M) visa and biometric card, she is open to apply for her ILR through SET(M), she don't need any qualifying time as she has already spend that as a PBS dependent. I hope it helps.
Kind regards
Shahjee

I am confused now
One says you can't combine PBS dependant time and now shah her saying otherwise[/quote]

Hi imi99999,
Don't get confused, I advised him according to his wife's circumstances. May be your circumstances are different than Allwell46.
Just to clarify if your dependent was on a PBS dependent status prior to 09th July 2012 and they have applied for their FLR(M) before 06th April 2014, than they can combine their PBS dependent time spend. Any body applying after 06th April 2014 cannot combine, they have to spend the qualifying time again. And there are two categories in them, one is the dependents who were PBS dependent prior to 09th July 2012, and they are applying for the FLR(M) after 06th April 2014, they have to spend qualifying time of 2 years to get eligible for their settlement, and the second category is of those dependents who got on to the PBS dependent status after 09th July 2012 and are applying for their FLR(M) after 06th April 2014, they have to spend 5 years qualifying time to get eligible for their settlement.
I hope it all makes sense for you, If you are still not clear, please feel free to ask with details of your case and me and the other members could comment. Many thanks.
Kind regards
Shahjee[/quote]

[shantha]

Hi Everybody

I am new to posting on the site but have followed it closely for a while. I put in my application for ILR in october last year, did the biometrics in january and on 4/3/4 i received a letter requesting

- bank statements for month october 2013
- a letter from my employer stating my salary, my SOC code and if I was paid at or above the appropriate rate
- a letter from my employer stating why I had been absent from the country 4 times in the last 5yrs.

All this information was needed by 16th May 2014

My employer gladly provided all the information and explained my absences as sanctioned annual leave which was authorised. ( no more than 28 days)

My questions are these.

Is this standard practice and having provided all the documents ( bank statements where stamped printouts from my branch coz of time contraints.) and how long can i expect to wait for a decision.

Thanks

What application form did you use for apply ILR? If you didn't apply ILR using SET(LR) please don't use this blog use specific blog.

[shantha]

Good Afternoon.

I need help regarding one question from any senior member.

My wife came to UK in August 2004.

Then moved to student Visa in May 2005 which last till May 2008 and then i made an application to transferred her as my PBS dependent. They return the application and asked her to apply from home country.

She went back to Pakistan and applied for visa in July 2008, which they refuse on insufficient maintenance ground and i have made an appeal which successful in Feb 2009, but to stamp the passport they took seven more months.

Finally she arrives here on November 2009.

My question is whether she can apply for ILR on the basis of long residency, though she was out of the country 18 months, but it was due to their refusal which i have won eventually.

Please need an expert advise. My ILR application on long residency is in Process.

Thanks
Regards
M Faisal

She can't apply ILR on Long Residence route because she was out of country more than 6 months.

[Tier 4]

there are two categories in them, one is the dependents who were PBS dependent prior to 09th July 2012, and they are applying for the FLR(M) after 06th April 2014, they have to spend qualifying time of 2 years to get eligible for their settlement, and the second category is of those dependents who got on to the PBS dependent status after 09th July 2012 and are applying for their FLR(M) after 06th April 2014, they have to spend 5 years qualifying time to get eligible for their settlement.

Shahjee

Where did you get this? mind to send a link ....

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 LTR under paragraph 284 of Part 8 of the Immigration Rules (following an application made prior to 6 April 2014) 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 their qualifying period again.

[Amber]

That is incorrect, if a PBS dep switches to FLR(M) after 6 April 2014, regardless of previous leave, they'll be subject to Appendix FM and a 5 year route to settlement.

[KashRIz]

Hi Amber Can you please explain it in detail as most of the member believe that transition period is still on as it is in the application form. I personally believe after the amendment made on april 6th in 284 (c) PBS dependent cant use that option but most of the members dont agree. So if u please explain this in detail .....

That is incorrect, if a PBS dep switches to FLR(M) after 6 April 2014, regardless of previous leave, they'll be subject to Appendix FM and a 5 year route to settlement.