10 years long residence applications

[March_LR14]

Another slow day.

Yes this whole month has been very slow.

I called HO today and they said my case is under consideration. I asked the lady if she can tell me whether it has been assigned to case worker OR it is still sitting in cold storage but she said she doesn't have this information.

@sajjadali707 and @zaiby please use lower case while making a post. It's a polite request.

Kind Regards

[shahjee1234]

thanks shah jee
will his case will be take longer for case worker to decide or it will be considered as "straight forward" or it will be referred to senior case worker.

Hi Sajjadali,
I would say should be dealt as normal, it might take a bit longer to decide than a normal straight forward case though, obviously as they have to check the whole 10 years record and that will definitely come up, but I don't think there is any thing to worry about.
Kind regards
Shahjee

[tuhin]

Dear Experts/ Seniors,
my friend needs a help. my friend is in under 3d. his upper tribunal appeal hearing is on 15 october 2014 but he'll be 10 years in the uk on 26/10/2014. his solicitor said he can apply 28 days earlier of 26/10/14. but some solicitors say people who are under 3c or 3d they should apply after their arrival date, 28 days early application submission is not applicable for them. can any one plz answer : a person under 3d can apply 28 days early?

plz suggest..any of your suggestion will be appreciable. many thanks.

[shahfurqan]

hi All could anyone help me out sincerely with my queries which am really unable to find the best advice.
Am about to apply for indefinite leave to remain under 10 years long residence and i have following questions in my mind.
1-the total number of days excluding date of departure and arrival date i have spent outside UK are 528 days.Do i still qualify?
2-when counting days by ukba,do they count date left UK and date returned to the UK?
3-how many days in a month counts by ukba?
4-when counting February,does ukba count only 28 or 29 days or full 30 days and same when counts any month of 31 days,do they count actually 31 days or 30 days.
5-i left the UK on 26th of February and came back on 10th of march so how many days i shall be considered outside UK

option(A):13days(including date left and returned option(b) 12 days(considering February 29 days option(c) 13days(treating February 30 days.

i would really appreciate if somebody help me out with my queries.Thanks

[faisaltanoli]

Hello,

As i have similar case and was thinking to withdraw my case yesterday, but my solicitor advised me not to do it. He evaluate the situation on risk and opportunities bases and said that you never know what will happen in next 8 months. Though I have very strong case for Tier 1, but things can be turned any side. So secure my and children position and eventually she will get it. I was so confused, but after his advised i made my mind and let my application go along the process.

Thanks

Regards

M Faisal

It will be OPTION 2. She will have to wait for 5 years to apply for her ILR from the day her FLR(M) is issued.

HI SENIOR MEMBERS PLEASE HELP US TO SOLVE THIS CONFUSION !!!!!



HI EVERYONE , I ASKED THIS QUESTION COUPLE OF TIMES BUT I STILL DID NOT GET RIGHT ANSWER , QUESTION IS I HAVE APPLIED MY SET(LR) 29/04/2014 , MY WIFE IS TIER 1 GENERAL DEPENDENT VISA VALID TILL 20-03-2015 AND MY VISA ALSO VALID TILL 20-03-2015

MY WIFE GOT TIER 1 GENERAL DEPENDENT IN OCTOBER 2011 AND LANDED IN UK 20-01-2012

I KNOW SHE HAVE TO APPLY FLR(M) , BUT SHE ALREADY SPEND TWO YEARS FROM THE OLD RULES , SO AFTER GETTING FLR(M) CAN SHE APPLY STRAIGHT AWAY FOR SET(M) OR SHE NEEDS TO WAIT 5 YEARS ?

PLEASE HELP US TO SOLVE THIS AS I AM THINKING TO WITHDRAW THE SET(LR) APPLICATION IF MY WIFE HAVE TO WAIT 5 YEARS ?


OPTION 1 ---- MEMBERS PLEASE HELP US TO RESOLVE THIS CONFUSION !!

SHAHJEE AND SENIOR MEMBERS, I AGREE WITH YOU , BUT MAIN QUESTION IS IF SHE GETS FLR(M) THEN TIME COUNTS FOR ILR FROM THE DATE OF FIRST ENTRY INTO THE UK WHICH IS 20TH JANUARY 2012 , WHICH MEANS SHE CAN APPLY FOR ILR ON 20TH JANUARY 2017 ????????

OR

OPTION 2
IF SHE GETS FLR (M) IN AUGUST 2014 (JUST SUPPOSE ) THEN SHE WILL HAVE TO WAIT FOR 5 YEARS FROM THIS DATE THAT IS AUGUST 2014 AND APPLY FOR ILR IN AUGUST 2019 ???????????

HI SHAHJEE AND EVERYONE ON THIS FORUM : THIS IS CONFIRM THAT IT IS OPTION 2 THEREFORE SHE HAVE TO WAIT AGAIN FOR 5 YEARS ONCE SHE SWITCHED TO FLR(M) FROM THE DAY GRANTED FLR M , I HAVE CALLED HOME OFFICE AND PERSON JOHN HELP ME ON THIS CONFUSION , AND JOHN FROM HOME OFFICE ADVISES ME TO WITHDRAW SET LR IF I I WANT TO GET MY AND MY WIFE ILR ON THE PEO NEXT YEAR THROUGH TIER 1 GENERAL QUALIFYING ROUTE WHICH IS DUE IN MARCH 2015 THEREFORE I WILL WITHDRAW MY SET LR APPLICATION TODAY AND WILL APPLY WITH MY WIFE ON PEO IN FEB 2015 THROUGH TIER 1 GENERAL ROUTE

I am really sorry that you have to go though all this hassle because some one at the Home Office,( who were so out of touch with the reality) decided to change the rules. But on a positive note, February 2015 is not far, at least you and your Mrs will get sorted together rather than all this wait.
Thanks alot for clarifying on the issue, if you are still in two minds than please give Appendix FM of Immigration Rules a read, and I am sure that will help. Many thanks.
Kind regards
Shahjee [/quote]

[Zzee]

Hi everyone,

I know this LR dependant business has been going on for a long time. Do we not have someone with a recent FLR (m) approval and who applied for ILR straight after as a LR dependent because I have read from someone's post that a friend of some member applied after 6April 2014 n were given FLRM n then were asked to come back next day with SET m to get ILR. Can't remember the name of the person. Also if they have given ILR to some dependants (pre April 2012)according to old rules then can it not be used to challenge this rule in the court???

[faisaltanoli]

Hello,

I am thinking why not effecties of this rule can challenge this rule in the court. I can not understand when a dependent are living together for more then desired time then they should have given ILR...
Thanks
M Faisal

Hi everyone,

I know this LR dependant business has been going on for a long time. Do we not have someone with a recent FLR (m) approval and who applied for ILR straight after as a LR dependent because I have read from someone's post that a friend of some member applied after 6April 2014 n were given FLRM n then were asked to come back next day with SET m to get ILR. Can't remember the name of the person. Also if they have given ILR to some dependants (pre April 2012)according to old rules then can it not be used to challenge this rule in the court???

[Zzee]

Hello again,

To be honest this is just silly of HO. I am gonna apply for my wife's visa and if God forbid they refuse it then take it to the court and I am sure we will be able to get some help from the people who were given LR dependant visa. That is the only way I can think of unless someone else knows otherwise ur help will be very much appreciated.

Thank you

[Abdoul1979]

Hi amber and senior member
Please I need a view ASAP ,need to submit mn1 form with section 1(3).
Is it ok if the second referee for the kids be at the same address as me ,the person is my house mate .
Thanks a lot

[faisaltanoli]

Hello,

I think this rule can be challenged on many ground. 1) draw line is 09 July 2012, so the dependent came before July 2012 and living together their previous leave must amalgamate to the current desired time. If someone in this country from 2006 as dependent and her/his partner unfortunately getting visa after 06 April 2014 then she/he have to wait more five years. I do not know what is purpose behind it...
Faisal

Hello again,

To be honest this is just silly of HO. I am gonna apply for my wife's visa and if God forbid they refuse it then take it to the court and I am sure we will be able to get some help from the people who were given LR dependant visa. That is the only way I can think of unless someone else knows otherwise ur help will be very much appreciated.

Thank you

[Malavan]

Hi guys,
Finally after 1 month I received my biometric invitation.
Is there any chance someone put my time line in skydrive?

Application send: 19/04/2014
Acknowl received: 25/04/2014
Biometric received: 21/05/2014
Biometric recorded: 21/05/2014
Approval: ......................

[Amber]

I can't effectively track posts on here, so if you are asking a question on here, don't expect an answer. If you have a particular question create a thread in the relevant forum section.

[mind202]

Hi,
i have not received my biometric letter as it has been exactly a month since i have received my acknowledge from Home office.is this normal or not..

[shahfurqan]

hi All could anyone help me out sincerely with my queries which am really unable to find the best advice.
Am about to apply for indefinite leave to remain under 10 years long residence and i have following questions in my mind.
1-the total number of days excluding date of departure and arrival date i have spent outside UK are 528 days.Do i still qualify?
2-when counting days by ukba,do they count date left UK and date returned to the UK?
3-how many days in a month counts by ukba?
4-when counting February,does ukba count only 28 or 29 days or full 30 days and same when counts any month of 31 days,do they count actually 31 days or 30 days.
5-i left the UK on 26th of February and came back on 10th of march so how many days i shall be considered outside UK

option(A):13days(including date left and returned option(b) 12 days(considering February 29 days option(c) 13days(treating February 30 days.

i would really appreciate if somebody help me out with my queries.Thanks

[shahfurqan]

Hi,
i have not received my biometric letter as it has been exactly a month since i have received my acknowledge from Home office.is this normal or not..

technically you should had received your biometrics letters but anyhow when dealing with ukba you should expect anything from them

[K4]

hey everyone

my 10 years will clock in september but my case for tier 4 is with home office for past 1 year and recently they correspond on the toeic issue i am guessing they won't gunna make a decision anytime soon. My question is will it be the same timeline for me if i divert my application in september i.e 12-14 weeks or will it be more or less?? Anyone who went through similar situation please reply.

Hello mate,
Every one follows pretty much the same time line, and it actually depends on the date that you apply. You rightly said that the timeline now is about 12-15 weeks, and I would presume that it should be the same for you. Mind it that you can apply 28 days prior to the completion of your 10 years, and remember to write them regards to you varying your Tier 4 application to SET(LR) application. All the best.
Kind regards
Shahjee



thank you shahjee for the answer i am hoping for the best hope everyone gets their positive reply soon i am doing ielts for my english. one more thing are you eligible to apply 28 days before your 1st entry stamp or the date your visa was issued??

Hi K4,
You are eligible to apply 28 days prior to completion of your 10 years from the date of your entry, so mind it, it's your entry stamp to UK that matters not the date you got the visa, so please don't confuse it. I hope it helps mate.
Kind regards
Shahjee

thanks again shahjee hope you get your reply soon enough its been 5 agonizing months one more question. When i very my application do i have to pay the full ILR fees or that £407 i paid for tier 4 will be lessened form it??

[shahjee1234]

Hello again,

To be honest this is just silly of HO. I am gonna apply for my wife's visa and if God forbid they refuse it then take it to the court and I am sure we will be able to get some help from the people who were given LR dependant visa. That is the only way I can think of unless someone else knows otherwise ur help will be very much appreciated.

Thank you

Hi Zzee and Faisal,
You guys are right it is unfair, and the right way to go about will be to challenge the legality of the initial rule change in the High Court. There are many people who are effected but the thing is who will bell the cat. Ground for challenging it is very clear, and that is pre July 2012 PBS dependants were covered by the transitional arrangements and any time spend by them in UK will count to the final qualifying time of 2 years at that time, so how can suddenly Home Office come with new rules for the PBS dependants already covered by transitional arrangements. Any new rule change should have been only for the dependants after July 2012. And mind it, that this rule change is just for the dependants switching through FLR(m), means to say just for the dependants of the people who gets ILR through Long residency, so how can Home Office just single out the dependants of the Long residence ILR holders. So over all if some one have the courage and the money to challenge it, in my humble opinion the balance of convenience lies in the favour of the LR dependant and the court will surely do the right thing.
I seriously hope that some one will finally come forward and challenge this arbitrary rule change by the Home Office.
Regards
Shahjee

[shahjee1234]

Hi K4,
You are eligible to apply 28 days prior to completion of your 10 years from the date of your entry, so mind it, it's your entry stamp to UK that matters not the date you got the visa, so please don't confuse it. I hope it helps mate.
Kind regards
Shahjee

thanks again shahjee hope you get your reply soon enough its been 5 agonizing months one more question. When i very my application do i have to pay the full ILR fees or that £407 i paid for tier 4 will be lessened form it??

Hi K4,
Yes you have to pay the full fee for the SET(LR) application, but you can ask the Home Office for the refund of your Tier 4 application fee on a later date. I would suggest that once you receive your acknowledgement and your biometric letter you call Home Office and there is a simple procedure to get your Tier 4 application fee refunded back to you.
All the best with your future applications.
Kind regards
Shahjee

[Hardikjshah83]

anyone pelase comment on my below quesiton.

quick quesiton -
my wife got 2.5 yrs of Visa on her FLR(M) applicaiton submitted in January - at time pending my decision, decision received in May.

does it mean she got it on new rule or old rule?

does she need to wait for SET(M) or can apply straight away?

thx.

what will be the process for her LR? appreciate your help.

Hi Hardikjshah,
I am afraid that it will be a wait of 5 years for SET(M) if she got a 2.5 years visa on her FLR(M)
I thought that you will ask the Home Office for Administration review, as they should have granted a 2 years visa on the FLR(M) to your Mrs. As I said on previous occasions that the quality of case workers is such that you get different decisions each time. You rather contest that original decision to get it confirmed.
Kind regards
Shahjee

hi Shahjee -- does it mean she have to be on this visa for 5 years or does she need to be in UK for 5 years, if so - she was here since 2008 as student and then in 2011 as my dependant and already compelted 5 years, does it mean she can apply for SET(M) now - as long as she complete lIUK.

in summary her timeline

Entered uk in August 2008 as student.
changed to Tier 1 General Dependant in Oct 2011 until now.
May 2014 - Spouse Partner with Leave to remain until Nov-16.

[faisaltanoli]

Hello Shahjee1234,
I totally agree with you. I do not think courage is an issue, but I am not sure how much money it will cost. I think effecties of this rule can jointly challenge this rule. In past HSMP case was won by the joint venture of effecties of that particular rule. I am happy to pay burden of my share, if other people are happy to participate. We need to find a right barrister and challenge the rule.
I am just thinking what will be the best way to bring people together. If you guys have any suggestion please come forward and let us know.
Thanks

Regards

M Faisal

Hello again,

To be honest this is just silly of HO. I am gonna apply for my wife's visa and if God forbid they refuse it then take it to the court and I am sure we will be able to get some help from the people who were given LR dependant visa. That is the only way I can think of unless someone else knows otherwise ur help will be very much appreciated.

Thank you

Hi Zzee and Faisal,
You guys are right it is unfair, and the right way to go about will be to challenge the legality of the initial rule change in the High Court. There are many people who are effected but the thing is who will bell the cat. Ground for challenging it is very clear, and that is pre July 2012 PBS dependants were covered by the transitional arrangements and any time spend by them in UK will count to the final qualifying time of 2 years at that time, so how can suddenly Home Office come with new rules for the PBS dependants already covered by transitional arrangements. Any new rule change should have been only for the dependants after July 2012. And mind it, that this rule change is just for the dependants switching through FLR(m), means to say just for the dependants of the people who gets ILR through Long residency, so how can Home Office just single out the dependants of the Long residence ILR holders. So over all if some one have the courage and the money to challenge it, in my humble opinion the balance of convenience lies in the favour of the LR dependant and the court will surely do the right thing.
I seriously hope that some one will finally come forward and challenge this arbitrary rule change by the Home Office.
Regards
Shahjee

[khanzada123]

I am with you shahjee...

[shahjee1234]

Hi Hardikjshah,
I am afraid that it will be a wait of 5 years for SET(M) if she got a 2.5 years visa on her FLR(M)
I thought that you will ask the Home Office for Administration review, as they should have granted a 2 years visa on the FLR(M) to your Mrs. As I said on previous occasions that the quality of case workers is such that you get different decisions each time. You rather contest that original decision to get it confirmed.
Kind regards
Shahjee

hi Shahjee -- does it mean she have to be on this visa for 5 years or does she need to be in UK for 5 years, if so - she was here since 2008 as student and then in 2011 as my dependant and already compelted 5 years, does it mean she can apply for SET(M) now - as long as she complete lIUK.

in summary her timeline

Entered uk in August 2008 as student.
changed to Tier 1 General Dependant in Oct 2011 until now.
May 2014 - Spouse Partner with Leave to remain until Nov-16.[/quote]

Hi Hardikjshah,
In your Mrs case as she got the 2.5 years on the FLR(M) so the presumption will be that she is under new rules after the 06th April 2014, and she has to start her qualifying time all over again. Any time that she spend on the tier 1 general dependant has gone wasted I am afraid.
But if I rightly remember you applied for your Mrs FLR(M) before the 06th April 2014 change of rules isn't it ??
And my point was that Home Office issued her with a wrong visa, they should have issued her a 2 years visa under the old rules, and that would mean that she could have applied for the SET(M) straight away, as she already spend the qualifying time of 2 years as PBS dependant, under the old rule.
One of the member very recently posted that he applied for his wife before 06th April 2014 and was granted a 2.5 years, but they immediately applied for the SET(M) and that was granted the very next day. So don't know what to suggest. If I am you, than I would call the Home Office and clarify on the visa and make a point that she is entitled to a straight ILR through SET(M), it is worth giving a try, they might say to you to ignore that it is 2.5 years visa issued, and that she is entitled to a straight SET(M). Let's see what happens.
Please keep us posted regards to the progress. Many thanks.
Kind regards
Shahjee

[ma14]

any good news today?

[Hardikjshah83]

Hi Hardikjshah,
I am afraid that it will be a wait of 5 years for SET(M) if she got a 2.5 years visa on her FLR(M)
I thought that you will ask the Home Office for Administration review, as they should have granted a 2 years visa on the FLR(M) to your Mrs. As I said on previous occasions that the quality of case workers is such that you get different decisions each time. You rather contest that original decision to get it confirmed.
Kind regards
Shahjee

hi Shahjee -- does it mean she have to be on this visa for 5 years or does she need to be in UK for 5 years, if so - she was here since 2008 as student and then in 2011 as my dependant and already compelted 5 years, does it mean she can apply for SET(M) now - as long as she complete lIUK.

in summary her timeline

Entered uk in August 2008 as student.
changed to Tier 1 General Dependant in Oct 2011 until now.
May 2014 - Spouse Partner with Leave to remain until Nov-16.

Hi Hardikjshah,
In your Mrs case as she got the 2.5 years on the FLR(M) so the presumption will be that she is under new rules after the 06th April 2014, and she has to start her qualifying time all over again. Any time that she spend on the tier 1 general dependant has gone wasted I am afraid.
But if I rightly remember you applied for your Mrs FLR(M) before the 06th April 2014 change of rules isn't it ??
And my point was that Home Office issued her with a wrong visa, they should have issued her a 2 years visa under the old rules, and that would mean that she could have applied for the SET(M) straight away, as she already spend the qualifying time of 2 years as PBS dependant, under the old rule.
One of the member very recently posted that he applied for his wife before 06th April 2014 and was granted a 2.5 years, but they immediately applied for the SET(M) and that was granted the very next day. So don't know what to suggest. If I am you, than I would call the Home Office and clarify on the visa and make a point that she is entitled to a straight ILR through SET(M), it is worth giving a try, they might say to you to ignore that it is 2.5 years visa issued, and that she is entitled to a straight SET(M). Let's see what happens.
Please keep us posted regards to the progress. Many thanks.
Kind regards
Shahjee[/quote]


ya - u r right she has applied in January - so should be under the old rules, i will hv to speak to my solicitor - and should take his ideas. will let you know.. good luck with ur application.

[shahjee1234]

[quote="faisaltanoli"]Hello Shahjee1234,
I totally agree with you. I do not think courage is an issue, but I am not sure how much money it will cost. I think effecties of this rule can jointly challenge this rule. In past HSMP case was won by the joint venture of effecties of that particular rule. I am happy to pay burden of my share, if other people are happy to participate. We need to find a right barrister and challenge the rule.
I am just thinking what will be the best way to bring people together. If you guys have any suggestion please come forward and let us know.
Thanks

Regards

M Faisal

Hi Faisal,
That is the right way forward. I would suggest to start a new thread here asking for any one who are willing to pool in, and join the cause and frankly you guys got a valid case and as I said before it is arbitrary on part of the Home Office to shift the goal post at the 11th hour like this, they have no legal grounds to discriminate the dependants of the LR applicants like this. I wish you all the best.
Kind regards
Shahjee