10 years long residence applications

[redrosekhan]

CONFUSED.
all members on this site keep saying i cant apply for my MRS SET m coz the rules are changed but saw few people on site they went to PEO and got ILR via FLRM then set M .they mentioned 287(a)(i)(d) and got it.(what is this 287(a)(i)(d))?????
i recently got my ilr on long residence Mrs is here since 2006.and since 2008 she is on PBS dependent.
i want to go for FLRM and then Set M but every one say she cant coz from 6 april rules are changed but on the otherhand i saw few cases they was in the same situation they got their ILR thro FLR M and then SETM.
please some one reply iam really confused now.

Did you read the detailed reply I gave to you earlier today? It had links to flr m discussion.

Those who got flr m then set m had actually submitted their flr m application before 6th April. Hence they were issued a BRP of two years and could apply set m. Your wife's application will be considered under the new rules: 5 years waiting time on FLR M before ILR.

dear brother can you please tell where does it say in immigration rules that after 6 april 2014 pbs dependent who got their pbs status before 9 july 2012 cannot apply under old rules can you please give me the link.i was reading Part 8 of the immigration rule is A280 (ii) to applications made by persons in the UK who have been granted entry clearance or limited leave to enter or remain under Part 8 before 9 July 2012 and where this is a requirement of Part 8, this leave to enter or limited leave to remain is extant:

[viganooriah]

We've applied under SET(O) 10 years lawful residence in April 2014. Now (Aug 2014) got invitation for an interview to Liverpool HO. Has anyone been to one of those interviews recently? Are they common for SET(o) applications? What are normally the questions or what you have been asked? I got interview at the morning and my wife later same day.

Hi, I'm in the exact same situation. I applied for my ILR back in May 2014 on the 10 years long residence rule using the SET LR firm and today I've received the same letter asking me to attend an interview in LIVERPOOL and I'm in London.
I've looked everywhere on the net, and this seem to be very unusual or, this may be something new.
I really don't know what to expect....

Hi viganooriah and ILRwaiting,
Looks like this is a new technic by the Home office to start interviewing the applicants. Just make sure get your visa dates and history right, and mind it you guys have completed 10 years in this country legally, and they can't stop you getting the settlement with out any plausible reason, so not to worry, be confident and everything will be alright.
Our prayers and best wishes be with you.
Kind regards
Shahjee

I am from Mauritius and back in 21st April 2004 when I came, Mauritian citizens were given visas at the port of entry, Heathrow in my case, and I was given 6 months visa.
My wife came 2 weeks before me in the exact same circumstances.
At the beginning, both of us were students but then she became my dependent (me studying and her working full time). But in 2006 or 2007 we swapped, me being her dependant (her studying and me working full time) and this is how we've been ever since.
But between 2010 and 2011 I lost the right to work, but by that time we already had 2 children so I had no choice but to work. And in 2011 I got the right to work again up until now.
Our current visa expire in October 2014.
My wife who is the student has already applied on 9th April 2014 for ILR, form SET LR. She's done her biometrics already and it's been 17 weeks already, still waiting.
II applied for ILR, form SET LR in May instead of April 2014 (had to wait for solicitor who was on holidays!).
Ive done my biometrics already and it's been 13 weeks for me.
To add to my life store, post above :
We have a son who turned 7 in November 2013 and 4 years old daughter, and I do know for a fact that we could have applied on my son, but then decided it would be more straightforward for both of us to apply on our own rights.
There you are, that's my whole life story.
The date of the interview was Given to me, I didn't have to chose.

[cool mind]

@viganooriah
i think in your case because of your family circumstances which all lead to settlement that's why i think the caseworker get confused and have called you for clarification in interview. Nobody ever been asked for interview and all of their detail they already have.

[viganooriah]

@viganooriah
i think in your case because of your family circumstances which all lead to settlement that's why i think the caseworker get confused and have called you for clarification in interview. Nobody ever been asked for interview and all of their detail they already have.

Maybe, but one would think filling that SET LR form would be enough information... Bloody wrong, they need even more information!?

[cool mind]

@viganooriah
I think my assumption is right because you and your wife has applied long residence applications and of course you both cannot include each other on form. But i guess because you all leads to settlement by children/yourself/partner of settled person and that caused confusion to caseworker who call for interview. Because in set lr you cannot include dependents but in previous visas you must have given all of your family detail and that trigger confusion now to caseworker who need clarity. I donot think that interview will be much more than the point the caseworker is confused of.

[viganooriah]

I think my assumption is right because you and your wife has applied long residence applications and of course you both cannot include each other on form. But i guess because you all leads to settlement by children/yourself/partner of settled person and that caused confusion to caseworker who call for interview. Because in set lr you cannot include dependents but in previous visas you must have given all of your family detail and that trigger confusion now to caseworker who need clarity. I donot think that interview will be much more than the point the caseworker is confused of.

Ha! I've confused the Home Office!! Makes a change! I will definitely give all of you updates after I attend the interview.

[cool mind]

There is no policy of interview and i just received the email reply from home office about interview at below:

Dear Sir,

When considering an application, a caseworker needs to be satisfied that all the requirements are met before making a decision on a case, this can, but does not always, mean that there may be a need for an applicant to attend an interview.

I hope this answers your question.

Regards

Mark

Mark Roberts | Settlement Operational Policy |
Immigration and Border Policy | Home Office |

[viganooriah]

There is no policy of interview and i just received the email reply from home office about interview at below:

Dear Sir,

When considering an application, a caseworker needs to be satisfied that all the requirements are met before making a decision on a case, this can, but does not always, mean that there may be a need for an applicant to attend an interview.

I hope this answers your question.

Regards

Mark

Mark Roberts | Settlement Operational Policy |
Immigration and Border Policy | Home Office |

Thanx coolmind

[ILRwaiting]

Its 100% mistake because no one receive or attend any interview ever. The new department ukvi is doing more mistake than ukba and if you surf other forum section then will see that how many silly mistake they are doing, to one they sent the documents of other person and to one person they sent email to send back passport but 2 years ago they got European residence permits.its definitely is a mistake to interview a person who is now settled and all his visa details they have then for what they called. If they still want that then better open some premium one day service for set lr.

Maybe. but we still got to go there, otherwise application will be cancelled... Someone asked - my wife also applied for SET(LR) and also has interview same day as myself. Will update as soon as went there (if they gonna let us go ))))) )

[Malavan]

Guys,
We need to challenge the government for the stupid rule of 6th April 2014.
Many peopler including my wife are effected by this new rule and now she needs to wait for 5 years to qualify for ILR. She has been here since 2007 but now they don't count the years she has been here before!
So we need to collect the signature on:
http://epetitions.direct.gov.uk/petitions/65556
please sign here and then we will be able to challenge them.
Thanks,
Malavan

[Universal soldier]

@viganooriah & ilrwaiting,

you both are same person. Please don't confuse us on these interviews, nobody will be called for interview rather be received the letter as what further need to provide like ms.p member and others. I agree with cold mind that your case is complex and involve more than one route to be settled. I also don't know how and what information your solicitor might have filled, many solicitors are causing more problem than a person himself applies independently.

[Kindsoul]

Guys,
We need to challenge the government for the stupid rule of 6th April 2014.
So we need to collect the signature on:
http://epetitions.direct.gov.uk/petitions/65556
please sign here and then we will be able to challenge them.
Thanks,
Malavan

I have signed the E petition as well. We need to spread this message out as most of the people affected are not aware of this home office dictators type illogical demand. I also thank all people involved in this to find a way out and hopefully we will succeed.

[fielddrive]

Send my application yesterday hope for the best

Good luck!

[Kindsoul]

Hi all Seniors and Experienced Friends,
I am in totally dilemma now since home office has brought the changes of forcing dependants to spend 5 years in order to get ILR. AS I am on Tier 1 General Visa which is expiring April 2016 and I will be completing 10 years next month September and was preparing for applying in Long residence visa category BUT this new changes mean that if I go for SET ( LR) route than my wife has to wait for 5 years to get ILR.

SO could you guys advise me whether should I apply for SET ( LR) next month or wait till April 2016 when my Tier 1 visa expire and apply under Tier 1 category for me and my wife. Which option is best? I am totally confused as I have been like many others waiting to complete my 10 years and apply for ILR. Please Advise.

[viganooriah]

@viganooriah & ilrwaiting,

you both are same person. Please don't confuse us on these interviews, nobody will be called for interview rather be received the letter as what further need to provide like ms.p member and others. I agree with cold mind that your case is complex and involve more than one route to be settled. I also don't know how and what information your solicitor might have filled, many solicitors are causing more problem than a person himself applies independently.

Hi Universal Soldier,

No me and ILR waiting are NOT the same person.

[ILRwaiting]

@viganooriah & ilrwaiting,

you both are same person. Please don't confuse us on these interviews, nobody will be called for interview rather be received the letter as what further need to provide like ms.p member and others. I agree with cold mind that your case is complex and involve more than one route to be settled. I also don't know how and what information your solicitor might have filled, many solicitors are causing more problem than a person himself applies independently.

No, we are not same people!! My wife and I filled form without solicitor. In one thing you are right - maybe HO officer got confused as we have mentioned reference of our application 10 years ago for family reunion with our child - now British citizen (they had this question in the form). In invitation letter HO does not ask to bring any extra documents. So, we'll wait and see...

[shahjee1234]

CONFUSED.
all members on this site keep saying i cant apply for my MRS SET m coz the rules are changed but saw few people on site they went to PEO and got ILR via FLRM then set M .they mentioned 287(a)(i)(d) and got it.(what is this 287(a)(i)(d))?????
i recently got my ilr on long residence Mrs is here since 2006.and since 2008 she is on PBS dependent.
i want to go for FLRM and then Set M but every one say she cant coz from 6 april rules are changed but on the otherhand i saw few cases they was in the same situation they got their ILR thro FLR M and then SETM.
please some one reply iam really confused now.

Hi redrosekhan,
Don't confuse your self by looking at other people cases who are completely different than you Mrs case.
You have quoted all the right rules, but I believe you have completely misunderstood that which rule is applicable in your Mrs case.
Let me lay them out to you one by one so that you can understand them better.
Rules regards to FLR(M) have changed from 06th April 2014, any dependent applying for FLR(M) on or after the 06th of April 2014, will be under Appendix FM, and in that the dependent will get a 2.5 years visa, which is extendable by another 2.5 years to make it a total of 5 years, and that is what is the qualifying time, after which they can apply their SET(M). Any time that the dependents have spend in the country prior to their application for FLR(M) is considered null and void and they will not get any credit for that to make them qualify for their SET(M), although in your Mrs case she will be completing her 10 years in 2016, so she can apply for SET(LR) and all the previous time that she spend in the country will count for her 10 years long residency, but not for her SET(M).
You have mentioned that you have seen cases where people are getting their SET(M) straight after their FLR(M), so let me assure you that none of them cases would be of dependents who applied after the 06th of April 2014, there are still some members dependents who applied before 06th April rule change and asked Home Office to hold their cases till their main sponsor ILR cases are done, and they are probably the one that you are mentioning, as they will get visas under the old rules for 2 years, and in their cases, the time that they have already spend as PBS dependent counts to their settlement, and the qualifying time for them is 2 years, and as most of them have already spend those 2 years, hence they get ILR through SET(M) straight away.
So please don't confuse your self, if your Mrs is applying now, than she is bound to be considered under the new rules, and I am afraid that she will get a 2.5 years visa, and that is 5 years route to settlement under Appendix FM. I hope it helps.
Kind regards
Shahjee

[aurnoc]

Guys,
We need to challenge the government for the stupid rule of 6th April 2014.
Many peopler including my wife are effected by this new rule and now she needs to wait for 5 years to qualify for ILR. She has been here since 2007 but now they don't count the years she has been here before!
So we need to collect the signature on:
http://epetitions.direct.gov.uk/petitions/65556
please sign here and then we will be able to challenge them.
Thanks,
Malavan

Hi Malavan, Redrosekhan and all others affected by this new rule,

Can you please join us on our facebook page: https://www.facebook.com/groups/716996288335740/

[aurnoc]

dear brother can you please tell where does it say in immigration rules that after 6 april 2014 pbs dependent who got their pbs status before 9 july 2012 cannot apply under old rules can you please give me the link.i was reading Part 8 of the immigration rule is A280 (ii) to applications made by persons in the UK who have been granted entry clearance or limited leave to enter or remain under Part 8 before 9 July 2012 and where this is a requirement of Part 8, this leave to enter or limited leave to remain is extant:

@redrosekhan you can simply use this link: https://www.gov.uk/settle-in-the-uk

At the end of the link, you will be lead to relevant and updated the Part 8 which denies transitional amalgumation of PBS Dependent leave towards settlement.

You should join us on our facebook page https://www.facebook.com/groups/716996288335740/

[NasirNNN]

My wife has received BRP and it's for 2 years now waiting for documents.

Thanks to Almighty Allah.Would like to thanks all forum members for their help and support and especially Shahjee for his valuable suggestions and moral support.
Now one more hurdle have to apply for SET(M) for my wife hopefully she will get it.
Best of wishes for all of those who are waiting my prayers are with you guys

Regards

Shahjee and all members

just wanted to update my wife FLR(M) decision is on it's way.as i tracked special delivery reference no it's say on it's way.
need ur prayer's guys hopefully get 2 years visa according to old rules.
Shahjee do they mention in approval letter that it's 2 year visa or 2.5 years or we need to wait for BRP to find out visa is according to old rules or new rules?

best of luck to all of those who are waiting for their decisions.

Regards

Hi Nasir Bahi,
Firstly congratulations to you and your Mrs in advance. As you applied in time so I am pretty sure that it will be a two years visa, hence your Mrs will be open to apply SET(M) immediately.
Secondly you asked about, if the visa duration is mentioned on the approval letter, the answer is No. It will be a standard letter just informing your Mrs that her application has been successful. Try calling the DX Courier tomorrow morning to check may be the BRP is already on its way.
My prayers and best wishes with you and your family.
Kind regards
Shahjee

[masha]

Hi Guys

Congratulations to those who got their ILR. N best of luck to those who are waiting like me. I have been a silent reader for a long time.
I applied on 25 march still waiting....!! I sent them a letter back April to expedite my case due to ill health of my dad. So they replied me back on 17 July that they will process the case as per the sequence of the order applications were received unless there are compelling circumstances. As per the information on page 695 725 cases were sent in Mar 2014. As per database most of the March cases are approved. I am really worried how many more march cases are still waiting.?

[shahjee1234]

My wife has received BRP and it's for 2 years now waiting for documents.

Thanks to Almighty Allah.Would like to thanks all forum members for their help and support and especially Shahjee for his valuable suggestions and moral support.
Now one more hurdle have to apply for SET(M) for my wife hopefully she will get it.
Best of wishes for all of those who are waiting my prayers are with you guys

Regards

Hi Nasir Bahi,
See told you it will be 2 years as you applied at the right time, well done, well deserved. As you said now is the final hurdle of SET(M), go for it Nasir Bahi, and hopefully INSHALLAH you will have smooth sailing.
Once again many congratulation to you and your Mrs. All the best.
Kind regards
Shahjee
P.S. Although I am watching my waistline, but you know well that SWEET( MITAHIE) is on you

[shahjee1234]

Hi Guys

Congratulations to those who got their ILR. N best of luck to those who are waiting like me. I have been a silent reader for a long time.
I applied on 25 march still waiting....!! I sent them a letter back April to expedite my case due to ill health of my dad. So they replied me back on 17 July that they will process the case as per the sequence of the order applications were received unless there are compelling circumstances. As per the information on page 695 725 cases were sent in Mar 2014. As per database most of the March cases are approved. I am really worried how many more march cases are still waiting.?

Hi masha,
Don't worry your self, there are still quite a few march applicants to go. Your timeline is fine, expect to receive the good news any time. I know these final days are very frustrating, but stay focused and you know patience is the virtue. My prayers and best wishes with you mate. Give us the good news soon.
Kind regards
Shahjee

[jacki121]

Hi To all Members,

I recieved my documents and approval today on 10 yrs LR basis.

timeline:

Applied on : 25/03/2014
Bio enrolled: 12/04/2014
Approval on: 08/08/2014
BPR to be delivered soon!

there are one questions remaining:

my wife became British citizen 8 months ago so for naturalization i don't have to wait for another 12 month and i can apply immediately am i right?

thanks a good luck to everyone.

[shahjee1234]

Hi To all Members,

I recieved my documents and approval today on 10 yrs LR basis.

timeline:

Applied on : 25/03/2014
Bio enrolled: 12/04/2014
Approval on: 08/08/2014
BPR to be delivered soon!

there are one questions remaining:

my wife became British citizen 8 months ago so for naturalization i don't have to wait for another 12 month and i can apply immediately am i right?

thanks a good luck to everyone.

Hi jacki121,
First of all congratulations on your ILR approval.
As far as I know her British nationality has no effect on your ILR. You have to go through the process of naturalisation and wait for another year to apply for British passport. I hope it helps.
Kind regards
Shahjee