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please help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Zee ali
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Re: please help

Post by Zee ali » Fri Aug 01, 2014 12:50 pm

joanie wrote:
Zee ali wrote:
joanie wrote:Hi Amber
I am currently on PSW visa.
My partner is here since 2007.
thsnk you
Put FLR FP not FLR O
Hi Zee Ali,
Can you please emphasize out why FLR FP? Also did you mean it for my initial form or for my husband?
what form u r going to put ?
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

joanie
Newbie
Posts: 46
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Re: please help

Post by joanie » Fri Aug 01, 2014 2:17 pm

Put FLR FP not FLR O[/quote]
Hi Zee Ali,
Can you please emphasize out why FLR FP? Also did you mean it for my initial form or for my husband?[/quote]

what form u r going to put ?[/quote]
Hi Zee Ali
If you read my above posts once again I think you will get what form I am talking about. Pls do read them once again. Your input will be much appreciated

Amber
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Re: please help

Post by Amber » Fri Aug 01, 2014 5:09 pm

Yes, you may apply for FLR(M) asking for the application to be placed on hold until your partner's ILR decision is made. A1 English required in addition to the Financial Requirement.
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Tier 4
- thin ice -
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Re: please help

Post by Tier 4 » Fri Aug 01, 2014 10:08 pm

joanie wrote:
I am short of 35 days to complete 10 years. (35-28= 7days)
So, I am thinking to put FLR O or FLR FP initially and vary into ILR.
Well to be honest with you don't have to go through FLR etc, I am in the same situation short of 39 days but I am applying ILR straight away rather than making any other FLR application. Because the time CW will come to that point to make decision I will cross this gap, as the date of decision is important and till this date you covered by 3C leave.

For instance when I applied PSW visa back in 2012 it took 4.5 months to decide and my visa stated after 4.5 months, therefore date of decision is the date when any leave validate / authorised and before that your covered by 3C leave.


There are few examples when people successfully submitted early applications

Query - 24 days shorter for 10 years Long Residency – ILR

Urgent Help Required-ILR when delay in travel for 3 mon 1 da

Shortfall of 28 days before ILR Application

ILR ELIGIBILITY - Email from UKBA

Short of 40 days for Long Residence 10 years
N/A

joanie
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Re: please help

Post by joanie » Sat Aug 02, 2014 4:17 pm

Hi Tier4
Thanks for your reply. I have been reading most of your post as a silent reader. Yes, applying early sounds a lot easy and hassle free but I think it depends on sheer luck. I am thinking about varying application just to be on safe side. I read somewhere that early application might be classed invalid. In case it becomes invalid we will be overstayer and might break our time cycle.
however your posts are realky encouraging.. when are you applying for ILR? I am applying next month.
Thanks

Tier 4
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Re: please help

Post by Tier 4 » Sat Aug 02, 2014 11:13 pm

joanie wrote:Hi Tier4
I am thinking about varying application just to be on safe side.
That was my idea as well to apply some extension on FLR, for almost a year I kept an eye on shortfall applications in this forum, I seen few guys got successful by varying the application and few by applying directly. Therefore I came to this conclusion to apply directly ILR rather than making some FLR application and then varying it.

Besides FLR (fp) / (O) aren't really safe sides anyway, as we hardly fall into any of their categories.

Nevertheless its your own judgement call.
joanie wrote:I read somewhere that early application might be classed invalid. In case it becomes invalid we will be overstayer and might break our time cycle.
No it can not be invalid, as you have to apply before your current leave expires.

There are other reasons which can make application invalid like:

Greenie wrote:An application would not be rejected as invalid due to not meeting general criteria / requirements, instead the application will be refused (validity refers only to things such as paying the correct fee, completing the correct form, signing it, completing mandatory sections of the form, enclosing photos meeting the photo guidance).


sushdmehta wrote: Q - I have received a biometric invitation letter. Does this mean my application has been successful?
A - No. Receiving a biometric letter does not mean your application has been (or will be) successful. It only means that your application is being treated as valid (e.g. - you have submitted the correct form, completed mandatory sections, provided photographs meeting the guidance, have paid the fee etc). Applications are not substantively considered until biometric information is enrolled.

joanie wrote:when are you applying for ILR? I am applying next month.
Thanks
I am applying at the end of this month.

I would like some seniors to please comment on this, so that we make right decision, since we still got some time in our hands.
N/A

Zee ali
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Re: please help

Post by Zee ali » Sun Aug 03, 2014 9:02 am

Amber wrote:Yes, you may apply for FLR(M) asking for the application to be placed on hold until your partner's ILR decision is made. A1 English required in addition to the Financial Requirement.
Amber why r u suggesting OP to put FLR m? She is main applicant and completing 10 years.

U put FLR fp because this is the right form for private and family life article8.

Don't put FLRO they will send back your application as invalid

I was short of 10 months myself I put FLR fp and spent 2.5 months. Now refuse with right of appeal so hopeful to complete remaining 7.5 in appeal time.

U need less time so can vary from flrfp to set lr.
For your husband apply flrfp as well . Vary his FLR fp to FLR m and request them to hold his application until u get ilr.
Do not include your children. Save money,
Regards
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Amber
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Re: please help

Post by Amber » Sun Aug 03, 2014 9:28 am

No Zee Ali, the OP is asking about the partner. The way I write is in regards to the partner.
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allwell46
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Re: please help

Post by allwell46 » Mon Aug 04, 2014 6:32 am

Hi amber
I know its perfectly allright but
Can you plz point out the relevant immigration law by which home office puts the application on hold.

I am also trying to find the relevant immigration law by which it states that tier 1 general and tier 1 psw are route to settlement and qualifying periods for ilr for spouse is only two years

Regards.
Amber wrote:Yes, you may apply for FLR(M) asking for the application to be placed on hold until your partner's ILR decision is made. A1 English required in addition to the Financial Requirement.

Amber
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Re: please help

Post by Amber » Mon Aug 04, 2014 2:00 pm

There is no rule, it's discretion but they allow it.

See https://www.gov.uk/government/uploads/s ... Part_8.pdf for the rules
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allwell46
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Re: please help

Post by allwell46 » Wed Aug 06, 2014 2:39 pm

Thank you Amber

Can you please answer this one as well plz
I am also trying to find the relevant immigration law by which it states that tier 1 general and tier 1 psw are route to settlement and qualifying periods for ilr for spouse is only two years, its all under old rules those who were inforce before 09 July 2012.

joanie
Newbie
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Re: please help

Post by joanie » Wed Aug 06, 2014 4:11 pm

Hi Amber
As you might have noticed that I am planning to apply for FLR FP and vary it into set LR my application once I am eligible. However I want to ask some few questions and clear my doubts.
1. While applying FLR FP as an initial application how many applications do I need to fill for me and my dependant husband? Is it one for both of us or two for each of us?
2. Can I vary my initial aplication once I am eligible to apply ILR 28 days before 10th anniversary or I have to complete 10 years whole?
3. Can I vary myself? Without lawyer.. what would you advice?
If yes, the covering letter for varying application should be printed or can be handwritten too?
thank you
joanie

Amber
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Re: please help

Post by Amber » Thu Aug 07, 2014 2:15 am

Yes, you may vary on your own before a decision is made, not sure what you're on about regarding two applications each?
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joanie
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Re: please help

Post by joanie » Sat Aug 09, 2014 9:53 pm

Amber wrote:Yes, you may vary on your own before a decision is made, not sure what you're on about regarding two applications each?
Hi Amber,
I am asking about FLR FP. If I apply FLR FP as an initial application before I vary to set LR, what application am I supposed to fill for my husband as an initial application? I know when I vary his, it will be FLR M.
While applying FLR FP it asks if we have any dependent applying with us, obviously I will reply yes and fill his details but am I still supposed to fill another FLR FP for him?

Amber
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Re: please help

Post by Amber » Sun Aug 10, 2014 12:03 am

Children don't need leave unless you're intending to travel before registering them as British. How many days short are you?
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joanie
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Re: please help

Post by joanie » Sun Aug 10, 2014 8:36 am

Hi Amber
I am short of 35 days to complete 10 years.
By saying dependant I am talking about my husband. Our visa are going to expire the same day. I am going to cover the shortfall by applying FLR FP and then vary into ILR. My question is how should he be included ?

Amber
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Re: please help

Post by Amber » Sun Aug 10, 2014 11:26 am

You should be ok applying for SET(LR) as you'll have likely completed 10 years by the time a decision maker looks at it.
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