10 years long residence applications

[Hardikjshah83]

Hi All,
I have been reading and find helpful this forum.

My story is bit complicate please help me if you know about similar case as mine.

1) I am living UK from 0ct 2004 and have been on student visa and PSW. Currently I am on student visa and visa will expire in June 2014. Can I apply for ILR ? As I got 3 months and 11 days short to complete my ten years .
IF YES then which form to apply.
IF NOT then what you advise me to apply for .

2) My wife joined me Sep 2011 and she joined me as a PSW dependent and later in March 2012 she got student dependent Visa with me and will also expire same as me June 2014. Can my wife apply with me on ILR as she has been living in UK almost 2years & 10 months AND she got extension before 9 JUly 2012 so I think she fulfill the 2 year requirement

IF YES She qualify for ILR then please advise me which form to submit.

IF NOT then please advise me which form I can submit together with my ILR application.

3) My daughter born in March 2014 , which form i need to apply or shall i wait till i get ILR then get her British passport.

Please advise me and I am request all people who knows about similar situation.

Many Thanks

Imran

i think you should apply for student visa on the last day of your current leave expiring... try to delay your bio matric as much as possible, i guess this way you can but atleast about a month, and see by the time (30 days before your 10 yrs finishes) if you get response from your student visa application.

if you get response positive in this time line - good - straight away you will be eligible for ILR.
in case you get negative response - yet again by the time via appeal and under section 3C & 3D your leave will be valid until your appeal is heard or being withdrawn(appeal usually take 6-10 months to be heard), soon you reach your 10 yrs timeline - withdraw your application and apply for thr ILR on the same day with covering letter.

on the otherside if your student visa application is not being decided by the time you reach your 10 yrs timeline(by delaying tectic - such of delay of bio matric - barcode unreadable or post not received etc) you can vary your application from student to ILR at the time when you reach your 10 yr.

make sure you have life in UK and english language test ready by then. dont worry 3 months timeline just pass by.. luckily HO takes a lot of time to process applications..

[March_LR14]

Another quiet week. None of the feb applicant's on this forum heard anything. My hopes of getting a decision by the end of this month are fading quite quickly.

[zaiby]

Hi Everyone , very important please reply to me ASAP :
I am tier 1 general visa granted march 2010 and my wife got tier 1 general dependent visa on October 2011 landed in UK on 20th Jan 2012 ,

we both applied for tier 1 general extension in march 2013 and got the extension till march 2015 ,

but also
i have completed my 10 years on 25th April 2014 and i did apply for set(LR) already on 29th april 2014 ,

now question 1, what is the current status of my wife while my application of set (LR) in the home office ? as her tier 1 dependant visa is still valid till march 2015 ?
now question 2, when should I apply for my wife visa and which visa and which form ?
now question 3, if my wife have to apply for FLR(M) then how long it will take to apply for her ILR ? means how long she has to wait for ILR ?

thanks

[sohrabkhan]

I'm somewhat a silent reader of this forum. Just wanted to thank everyone here as I've always found all my questions answered here. Whenever I had a question or needed advice I searched this forum & didn't waste a penny on solicitors because this forum is the most complete guidance anyone can ever get.

My timeline:
Application Sent:13/01/2014
Payment Taken out:20/01/2014
Ackn letter:Don't remember
Bio letter rec:30/01/2014
Biometrics enrll:03/02/2014
Approval:29/04/2014

Please sync the Skydrive Spreadsheet with my dates.

PS: I've spent 5 years as student, 2 years on PSW & 3 years on Tier 1 General.

Thanks Immi Board & all members

[Spatacus]

Hi Everyone , very important please reply to me ASAP :
I am tier 1 general visa granted march 2010 and my wife got tier 1 general dependent visa on October 2011 landed in UK on 20th Jan 2012 ,

we both applied for tier 1 general extension in march 2013 and got the extension till march 2015 ,

but also
i have completed my 10 years on 25th April 2014 and i did apply for set(LR) already on 29th april 2014 ,

now question 1, what is the current status of my wife while my application of set (LR) in the home office ? as her tier 1 dependant visa is still valid till march 2015 ?
now question 2, when should I apply for my wife visa and which visa and which form ?
now question 3, if my wife have to apply for FLR(M) then how long it will take to apply for her ILR ? means how long she has to wait for ILR ?

thanks

Hello here are your answers
1) your wife's current visa is still valid until your SET LR application is decided.
2) Once you get a reply of successful application of your SET LR, then fill in application form FLR M for your wife within 28 days.
3) She doesn't have to wait for too long after successful application of FLR M, she can then apply for SET M within 24-hours of receiving a success letter from HO as she is binded with the old rule- she came into the UK before June/July 2012.
Hope this info helps.

[Spatacus]

Hi,
I got my ILR on 26-04-2014 on the basis of 10 years long residence. Before ILR i was on Tier1 general which was valid till 15-07-2016.My wife came to uk as my IGS dependent on 16-11-2008 and change Tier 1 Dependent her tier 1 dependent visa is valid till 15-07-2016 and i have two son who is born in UK my questions is:

I am applying FLR(M) for my wife on the basis of I got the ILR so my wife will be dependent of mine. My Question is Would my wife be eligible for ILR SET(M) straight away after getting her FLR(M) ???????

Please any one can advise me.

Thanks In advance
Shariq

Hello Shariq,
yes your wife will be eligible for SET M once her FLR M application is successful. Remember to apply for your two son with form MN1 for BC.
Goodluck bro

[Spatacus]

Hi all. By the grace of Allah, i have got my approval letter today,
Good luck for all hope everyone will get it , thanks for everyone

Congratulations and Goodluck

[kalps999]

Hello Guys,

Quick question for lovely and helpful people. I have applied for my wife's FLR (M) on 5th April 2014. She is in uk since 2007. My question is do I need to show 18600 for her SET (M) application once she get positive outcome from FLR (M)?

Thanks in advance

[gmaruf]

hi I send an email got this response from home office,


Dear Sir,

Thank you for your further email.

As outlined in our previous email, on 6 April 2014 there will be a change to the Immigration Rules that will mean PBS dependants who are applying to ‘switch’ into the Partner of a Settled Person route will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM. This change will apply to all applications made on or after 6 April 2014.

However, those who make an application to switch into the spouse of a settled person category before 6 April 2014, and who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, can be considered under the transitional Part 8 rules for further leave to remain under Paragraph 284. A person meeting these rules would be granted 2 years further leave to remain.

Those who are granted under Part 8 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: https://www.gov.uk/remain-in-uk-family

A person 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).

Our website will be modified on 6 April 2014 to reflect the changes in the Immigration Rules relating to PBS dependants that come into effect on that date.
Kind Regards,

Karen.

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







Hello azka,

Can you please forward your ALL corrospondence of UKVI to my email address...sending you message now with my email address...Thankx

Dear Maan 143,

above information was a real BIG help for me. Thank you so much. would you mind to send me the email address of that home office person to my email please? It would be another big help for me. my email address is------ golam.maruf@hotmail.com

[aryana119]

I would like to thank everyone to contribute in this forum, this has been really helpful

I have queries wondering if you can advise :

I was student and switched to tier 1 general from PSW on June 2011 my wife joined me may 2012 as PBS dependent. On June 2013 I have extended my visa on tier 1 general which will expire in June 2016, for which my wife has got visa until June 2016. Now I am going to apply ILR under 10 years long residence next months.
Does anyone know if HO have requirements to check my income while my leave spent as a tier1 Gen although I am applying for 10 years long residence. Any experience in this issue will help.

2nd part of my question--

If I get settlement -
1. what visa I should apply for my wife?
2. Would she be able to apply for settlement as she will spend 2 years as a dependent by the time I will get ILR. Or she will have to spent further 3 years to fulfil 5 years requirements.

Appreciate your help.

Regards

[Hardikjshah83]

I would like to thank everyone to contribute in this forum, this has been really helpful

I have queries wondering if you can advise :

I was student and switched to tier 1 general from PSW on June 2011 my wife joined me may 2012 as PBS dependent. On June 2013 I have extended my visa on tier 1 general which will expire in June 2016, for which my wife has got visa until June 2016. Now I am going to apply ILR under 10 years long residence next months.
Does anyone know if HO have requirements to check my income while my leave spent as a tier1 Gen although I am applying for 10 years long residence. Any experience in this issue will help.

2nd part of my question--

If I get settlement -
1. what visa I should apply for my wife?
2. Would she be able to apply for settlement as she will spend 2 years as a dependent by the time I will get ILR.

Or she will have to spent further 3 years to fulfil 5 years requirements.

Appreciate your help.

Regards

If you applying on 10 yrs basis there is no requirement to show your income. Also if your wife have visa tilljune 16. So you do not need to apply for her together. You can apply your LR, once you get approved you can apply hers for FLR(M)

[aryana119]

I would like to thank everyone to contribute in this forum, this has been really helpful

I have queries wondering if you can advise :

I was student and switched to tier 1 general from PSW on June 2011 my wife joined me may 2012 as PBS dependent. On June 2013 I have extended my visa on tier 1 general which will expire in June 2016, for which my wife has got visa until June 2016. Now I am going to apply ILR under 10 years long residence next months.
Does anyone know if HO have requirements to check my income while my leave spent as a tier1 Gen although I am applying for 10 years long residence. Any experience in this issue will help.

2nd part of my question--

If I get settlement -
1. what visa I should apply for my wife?
2. Would she be able to apply for settlement as she will spend 2 years as a dependent by the time I will get ILR.

Or she will have to spent further 3 years to fulfil 5 years requirements.

Appreciate your help.

Regards

If you applying on 10 yrs basis there is no requirement to show your income. Also if your wife have visa tilljune 16. So you do not need to apply for her together. You can apply your LR, once you get approved you can apply hers for FLR(M)

Thanks for your reply,

Please help me with below as well

When my wife will qualify for ILR?
Would she need to spend further 2 years or 3 years after FLR (m)

Many thanks

[shahjee1234]

I would like to thank everyone to contribute in this forum, this has been really helpful

I have queries wondering if you can advise :

I was student and switched to tier 1 general from PSW on June 2011 my wife joined me may 2012 as PBS dependent. On June 2013 I have extended my visa on tier 1 general which will expire in June 2016, for which my wife has got visa until June 2016. Now I am going to apply ILR under 10 years long residence next months.
Does anyone know if HO have requirements to check my income while my leave spent as a tier1 Gen although I am applying for 10 years long residence. Any experience in this issue will help.

2nd part of my question--

If I get settlement -
1. what visa I should apply for my wife?
2. Would she be able to apply for settlement as she will spend 2 years as a dependent by the time I will get ILR.

Or she will have to spent further 3 years to fulfil 5 years requirements.

Appreciate your help.

Regards

If you applying on 10 yrs basis there is no requirement to show your income. Also if your wife have visa tilljune 16. So you do not need to apply for her together. You can apply your LR, once you get approved you can apply hers for FLR(M)

Thanks for your reply,

Please help me with below as well

When my wife will qualify for ILR?
Would she need to spend further 2 years or 3 years after FLR (m)

Many thanks

Hi aryana119,
I fully agree with Hardikjshah83.
Regards to your wife qualifying time for her ILR, as she was granted the PBS dependent before 09th July 2012, hence once she gets her FLR(M) she can apply straight away for her SET(M), as she has already spend 2 years qualifying time in UK.
There was rules change on the 06th of April 2014, before that lots of people were applying straight SET(M) for there dependents who were prior to 09th July 2012, but the Home Office have stopped that, after 06th April 2014 you have to apply FLR(M) first and as soon as that get sorted you apply for SET(M) straight away. There are still members who argue that after 06th April 2014, any dependents applying for FLR(M) have to spend a total of 5 years qualifying time, but rules are quite ambiguous on this topic, so please watch out for test cases on this forum in future, and that will help in your dependents case. But in my humble opinion your wife is eligible for ILR on SET(M) immediately after her FLR(M). I hope it helps mate. All the best with your SET(LR) and your wife's applications.
Kind regards
Shahjee

[aryana119]

Many Thanks shahjee, that's a clearer answer.

[kalps999]

Hello Experts/Gurus

Can someone please advise on below query

Hello Guys,

Quick question for lovely and helpful people. I have applied for my wife's FLR (M) on 5th April 2014. She is in uk since 2007. My question is do I need to show 18600 for her SET (M) application once she get positive outcome from FLR (M)?

Thanks in advance

[msmussaf]

Hello Experts/Gurus

Can someone please advise on below query

Hello Guys,

Quick question for lovely and helpful people. I have applied for my wife's FLR (M) on 5th April 2014. She is in uk since 2007. My question is do I need to show 18600 for her SET (M) application once she get positive outcome from FLR (M)?

Thanks in advance

Simple and straight answer NO

[shahjee1234]

Hello Experts/Gurus

Can someone please advise on below query

Hello Guys,

Quick question for lovely and helpful people. I have applied for my wife's FLR (M) on 5th April 2014. She is in uk since 2007. My question is do I need to show 18600 for her SET (M) application once she get positive outcome from FLR (M)?

Thanks in advance

Hi Kalps999,
I would say no she don't need to, if she is on point based dependent status prior to 09th July 2012, and than she also applied for the FLR(M) before the 06th April 2012 rules change, so she is still covered by the transitional arrangements under section 8 of the immigration rules, and she don't need to show the 18600, just the usual maintenance. I hope it helps mate. All the best buddy.
Kind regards
Shahjee

[tulib143]

Hi gurus....... I have got ilr on 01/03/2014. And my wife got her FLR(M) on 24/03/2014. I have been always on student visa.Previously she has been granted tier 4 before 9th of July 2012. Because she was in tier 4 PBS dependent visa ....GURUS do you think she can eligible for SET (M) at this point of time. pls bear in mind she was dependent of tier 4 ....before July 2012. Just for ur information she got 2 years flr(m) visa.
Pls give me ur valuable advise.
Tulib143

[Miangee]

hi
i am in same situation as well and planning to get premium service for SET M for my wife ILR as i believe that if she got 2 years spouse visa then HO has consider her in old rules of part 8 otherwise they would have given her 2.5 years visa to get further extension of 2.5 years
so go ahead if i am not wrong
any senior Members plz guide

[Spatacus]

Hi gurus....... I have got ilr on 01/03/2014. And my wife got her FLR(M) on 24/03/2014. I have been always on student visa.Previously she has been granted tier 4 before 9th of July 2012. Because she was in tier 4 PBS dependent visa ....GURUS do you think she can eligible for SET (M) at this point of time. pls bear in mind she was dependent of tier 4 ....before July 2012. Just for ur information she got 2 years flr(m) visa.
Pls give me ur valuable advise.
Tulib143

Hello Tulip143,
Yes your wife is eligible for SET(M)

[tulib143]

Thank u all gurus for reply. I was aware that she can apply but some people and solicitors said she can't because she was in Tier 4 student visa dependent. Don't know what to do.
Thank u
Tulib143

[ILR102014]

Hi Guys,
I have received a letter stating that I should submitt my english test document. But in the past I have received my Tier 1 General on My batchelor's degree whcih i have submitted and for ILR also I ahve submitted the same.

Any suggestions on what to do... do i have to take the english test now or can I send a letter to HO that I ahve received the my Tier 1 General on the basis of my Batchlor's degree itself.

Any suggestions please........

hay i got the same letter last week, however solicitor wrote to them explaning the degree - whcih is alerady submitted has been qualifited by and point has been awareded int he past, also he sent a copy of the letter where HO given points for the degree.

just sent you pm - call me if you want to discuss further.

Hi Hardikjshah83,
I have sent you a personal message....

Any ideas on how soon can the UKNARIC process teh applications?? for english language assesment. It menotined on their website that they will do in 10 to 15 working days..... has one recived any quiker than this???

[kalps999]

Thanks Shahjee

You are a star. Highly appreciated your responses.

Good luck.

Hello Experts/Gurus

Can someone please advise on below query

Hello Guys,

Quick question for lovely and helpful people. I have applied for my wife's FLR (M) on 5th April 2014. She is in uk since 2007. My question is do I need to show 18600 for her SET (M) application once she get positive outcome from FLR (M)?

Thanks in advance

Hi Kalps999,
I would say no she don't need to, if she is on point based dependent status prior to 09th July 2012, and than she also applied for the FLR(M) before the 06th April 2012 rules change, so she is still covered by the transitional arrangements under section 8 of the immigration rules, and she don't need to show the 18600, just the usual maintenance. I hope it helps mate. All the best buddy.
Kind regards
Shahjee

[wandali]

Hi guys
I need your help. It's now 10 years since I have been leaving in UK but I have an appeal with the UPPER tribunal for my entrepreneur visa which I am waiting to hear from them. But my question is can I withdrawal the appeal and put in a new application for my indefinite leave to remain? And if so since the home office have my passport and the copies of my passport that I have do not clearly show the dates of when I was out of the country and returned although I know all together they're less than 190 days for 10 years that I have been in Uk.
I have spoken to my lawyer and he says the new rules does not allow you to put in a new application while you have a pending appeal is this true? Please help

[ILR102014]

Hi guys
I need your help. It's now 10 years since I have been leaving in UK but I have an appeal with the UPPER tribunal for my entrepreneur visa which I am waiting to hear from them. But my question is can I withdrawal the appeal and put in a new application for my indefinite leave to remain? And if so since the home office have my passport and the copies of my passport that I have do not clearly show the dates of when I was out of the country and returned although I know all together they're less than 190 days for 10 years that I have been in Uk.
I have spoken to my lawyer and he says the new rules does not allow you to put in a new application while you have a pending appeal is this true? Please help

Hi Wandali,
I think your solicitor is true, while you have a pending application you cannot apply for the new application, the only way you can do is you have to withdraw the current pending application and then apply the new one. But if you do this, Home Office may consider that you have lost the continous live in this country and they may reject your application...

May be some senior gurs might be able to give you better opinion...