10 years long residence applications

[shahjee1234]

alhamdolilah my wife and childrens got indefinate under the old rules .....thanks to this forum where i got information about applying spouce visa before 6th april

Hi gondal bahi,
Good to hear that another successful member who avoided the arbitrary rule change of 6th April 2014, many congratulations to you and your Mrs and kids, well done and well deserved. All the best.
Kind regards
Shahjee

[shahjee1234]

Hi Forum Members
I am new here and hope that someone can help and support me with my query.
I intend to apply for Indefinite Leave to remain and looking for some information regarding this category.
My circumstances are as follows:
At the time of my intended application which will be in Jan 2016:
I would be in UK for exactly 10 years and immigration categories were as follows:
Dates Category Duration
March 2013 - March 2016 Tier 1 General (Extension) 3 Years
Feb 2011 - Feb 2013 Tier 1 General 2 Years
Jan 2009 - Jan 2011 PSW 2 Years
April 2007 - Dec 2008 Student 1 year 9 months
Jan 2006 - April 2007 Student 1 year 3 months

My wife came to UK in March 2007 and has stayed with me ever since and has not spent more than 6 weeks outside UK at any given point. She has stayed in UK as my dependent and has all extensions under dependent category.

My daughter was both in UK on 24/01/2009 and has lived here ever since and has not spent more than 6 weeks outside UK at any given point. She currently has a Pakistani passport and she has stayed in UK as my dependent and has all extensions under dependent category.

My son was both in UK on 13/12/2012 and has lived here ever since and has not spent more than 6 weeks outside UK at any given point. He currently has a Pakistani passport and he has stayed in UK as my dependent and has all extensions under dependent category.

What documents I need to provide as a proof?
I don’t think so that I will be able to provide Statements from Land lords (10 years ago, I do not have their contact details).
As student I was not paying any council tax so I cannot provide the tax bills as well.
Also I don’t have access to all the utility bills as some of the bills were included in the rent where I lived initially.
I initially lived in a different city for few months and done a short diploma and then moved to a different city and started my degree with a university. I did not register with a GP when I was doing a diploma so from Jan 2006 to August 2006 I can’t get a GP letter but I can get a GP letter from Sep 2006 till now.

I am in continuous employment from March 2006 till now and can provide letter from employers to confirm that.
I can also provide a bank letter as well to confirm that I am their customer from Feb 2006 till now.
I own a house with my wife and can provide mortgage documents as well.

I have following questions:

1. Will my wife be able to apply as my dependent or she has to apply under a different category?
2. What is best scenario for her application? (Her dependent visa expires on 03/03/2016 same time as me)
3. Will my daughter and son be able to apply as my dependent or they have to apply under a different category?
4. Can they apply directly for British Nationality after I have been given Indefinite Leave to remain?
5. If answer to question 4 is yes then how to apply and when to apply? If we apply for their nationality after I get my ILR (which can take 26-30 weeks), will their stay beyond 03/03/2016(date of dependent visa expiry) be considered overstay/illegal? Will this overstay have any effect on their application for Nationality?
6. And the last question is about availability of premium service for ILR application on 10 years basis.

I really appreciate if someone can help me to understand these issues. I have heard a lot about senior members helping to answer these queries and expect the support and help from all of you.

Many Thanks

Usman

Hi Usman Bahi,
Firstly welcome to the forum, I will try to give answers to your queries.
Regards to your situation, before I start with your questions, let me ask you a question, why are you applying through the 10 years long residency route in January 2016, when just 2 months difference you can apply through Tier1 general category with less hassle in March 2016 ?
I am asking this question because you might know that if you apply through 10 years LR category your dependents especially your wife have to take a longer route to get settlement, any time that she spend already in the country will be null and void and she has to start again the qualifying period after getting her extension of stay through FLR(M), on the other hand if you apply ILR through Tier1 general, you can apply premium service on PEO and sort out your and your Mrs ILR on the same day, otherwise on 10 years LR she has to wait for another 5 years or until her own 10 years legal stay complete in 2017 and than she apply for her own SET(LR) application. Well the choice is with you any ways to decide which ever way you want to go.
Now I come to your questions one by one
1. Your wife can apply as your dependent through FLR(M) application form, and she will be granted with 2.5 years visa, which is extendable by another 2.5 years to make it a total of 5 years which is the qualifying time for the ILR under that category, but in your wife's case she will qualify for ILR anyways in 2017 as she would have spend 10 years and she can apply for her own SET(LR) for her ILR.
2. She can apply with you, but you know that she has to apply on a different form for her extension of stay, hence it doesn't matter she can apply a bit later closer to her time of expiry, as the likelihood is that your application will still be pending by the time she is applying, so she has to write a covering letter to the Home Office informing them that she is applying for FLR(M) dependent of a settled person but the main sponsor (your) application is still pending, hence they should hold her case till the time your one is decided, she can provide all the Reference number of your case and dates, e.g like when you applied, and that will help the Home Office understand better what is her case. They will hold her case until your one is decided and once your case is done they will decide on her application.
3. Regards to your daughter and son, if they are born here than they don't need to apply with any of you, they will wait until you get your ILR and than you can apply for both of them to be registered as British nationals on form MN1.
4. As I already answer above, once they apply for their registration through MN1, and they get their registration than you can apply British passports at any time for both of them.
5. No any time they spend with out the visa doesn't matter, as they will be applying MN1, and that will get them registered as British nationals by virtue of being born in this country, so doesn't matter even if they are over stayed on their last visa.
6. There is no premium service available for SET(LR) application, and the present time line is between 16-22 weeks obviously depends case to case if you have a straight forward case.
Now looking at the above scenario it's up to you which ever way you want to take.
Although you still have a long way to go but I wish you all the best.
Kind regards
Shahjee

[Spatacus]

Dear all,

hope all are doing well, i am finding it difficult to figure out which form to use for my sons application who is in Pakistan at the moment. He has lived in uk as psw and tier 4 dependent. His last leave expired in june while in Pakistan. Due to the timming of my ilr(LR) successfull application process i was unable to bring him in before his visa expiry. i am going to Pakistan this month to get his visa sorted ....... kindly advise which form to use or if any other option i can take.

Regards,
Yasir

Hello Yasir,
If your son was born in the UK and hold a British Birth Certificate then you can apply for him to register as a British citizen using application form MN1.
Hope this helps

[Shahkakaram]

Hi Forum Members
I am new here and hope that someone can help and support me with my query.
I intend to apply for Indefinite Leave to remain and looking for some information regarding this category.
My circumstances are as follows:
At the time of my intended application which will be in Jan 2016:
I would be in UK for exactly 10 years and immigration categories were as follows:
Dates Category Duration
March 2013 - March 2016 Tier 1 General (Extension) 3 Years
Feb 2011 - Feb 2013 Tier 1 General 2 Years
Jan 2009 - Jan 2011 PSW 2 Years
April 2007 - Dec 2008 Student 1 year 9 months
Jan 2006 - April 2007 Student 1 year 3 months

Hello Bro Usman ,

Welcome to this forum ,
Really appreciate that you are planning for every thing almost one and half year earlier and please do not hesitate to keep asking for any thing which you are not sure ...we the member of this forum pleased to help you as much as we can with best of our knowledge and understanding .

As you said you will be completing your 10 years in Jan 2016 so you have got plenty of time to prepare for your SET(LR) application However , it is not guaranted that in Jan 2016 the documents and requirement which need to be submitted with SET(LR) will remain the same , you never know UKBA can make any changes in the requirement of any visa category but surely you will be granted ILR on the basis of 10 years long residency as its fall under European Human Right Convention act , so i will personally advised you to keep visiting UKBA website regarding the SET(LR) requirement to avoid any disappointment or delay ...here i mean HO can change the version of the application , application fees ( ofcourse it will defintely go more up ), English test requirements, or any thing so keep your self updated regarding any changes that may happen in next year till you Jan 2016.

According to your 10 years history you shared and your wife and children every thing looks fine ...perfectly fine no issues in it ...
What documents I need to provide as a proof?

As of today you don't need any extra document to provide them proof , i mean you don't need to provide any GP letter or your tenancy agreement or mortgages paper as far as you have got all your 10 years passport or travelling documents available means if you didn't miss any passport which covers your 10 years then you don't need any extra documents with your application .

let suppose if you are applying now for your SET(LR) you will need : Completed SET(LR) application form , 2 passport size photograph , Life in UK passed certificate , English language approved test ( Your master degree will be fine ) , payment £1090 ,BRP cards Photocopies of every documents ..that it ...

But again i am emphazising here these documents may change in jan 2016 So update yourselves , SET(LR) form will defintely be changing

Now lets come to your dependents , their cases looks pretty well as well but unfortunately your wife will not get ILR directly with you until and unless current rules of dependents of settled person will change again as you know from APRIL 2014 your wife must have to spend more five years as a dependent of settled person before she will get ILR and as you said she came in 2007 so she can apply for SET(LR) route in 2017 for ILR as she will completed her 10 years legal stay here in this country by 2017 .

As you said your children are born in UK so they can apply for british citizen as soon as you will get ILR

To be very honest , i am not sure through which category you must have to apply their visa on or before 3/03/2016...its really a technical question and should be answered by our forum senior most member DR SHAHJEE


Regarding to your question 6 : No brother there is no premium service available for SET(LR) so far but you never know in 2016 probably there must be chance as you know technology and world is progressing very fast so have a high hope
i think all your question are answered but i will request Dr.Shahjee to answer your Question 1 to 6 in more detail and specific way that which category you should apply for your dependents visa

Wish you good luck ,
Regards ,
S.Akaram

[Shahkakaram]

Bhai Usman ,

Here you go Dr Shahjee is already here in emergency ward
Thanks you Dr Shahjee

Regards ,
S.Akaram

[shahjee1234]

Bhai Usman ,

Here you go Dr Shahjee is already here in emergency ward
Thanks you Dr Shahjee

Regards ,
S.Akaram

Hi S.Akaram,
You are brilliant, and have almost taken over from me
I strongly recommend you to be the next Dr
Kind regards
Shahjee

[veryconfused.com]

Hi guys,

How long are you allowed to be out of the country for? 90 day at a stretch and less? Is that correct?
Also, total number of days in 10 years?

Thanks,
veryconfused

[Shahkakaram]

Bhai Usman ,

Here you go Dr Shahjee is already here in emergency ward
Thanks you Dr Shahjee

Regards ,
S.Akaram

Hi S.Akaram,
You are brilliant, and have almost taken over from me
I strongly recommend you to be the next Dr
Kind regards
Shahjee

Salam Shahjee ,

No way , we are learning from you shahjee and still learning , still need you all the time
I am thinking how this electronic world has change the Forms of helping people look at the world around so how rapidly is changing ...Essence is still same [ Help every people around you no matter what back ground they come from ] but the forms are changing so we all are helping you shahjee to adopt the Forms of helping people ...What a pluralistic environment here on this forum ....So lets keep continue it together with all other member of this forum and keep alive the spirit of helping each other .
{ Hope you all never get bored by this philosophy of helping each other } Hahahah

Regards,
S.Akaram

[Shahkakaram]

Hi guys,

How long are you allowed to be out of the country for? 90 day at a stretch and less? Is that correct?
Also, total number of days in 10 years?

Thanks,
veryconfused

Hello veryconfused.com

Don't be get confused .. from the google drive you have already sumbitted your application so best of luck

Here is the answer of your query :-
Continuous residence

Continuous residence is time you’ve spent in the UK without gaps.

You can leave the UK during the continuous residence for up to:

180 days at a time
539 days in total
You can’t count time spent in:

a prison, young offender’s institution or secure hospital
the Republic of Ireland, Isle of Man or Channel Islands

Hope its help ,
Regards ,
S.Akaram

[jay_p2013]

Hello Everyone,

I'm new to this group.. I applied for my Indefinite leave yesterday... How long does it usually take for them to process the application and return the passport? I need to go back home next March and was wondering if I would get it by then..

Advise on the timescale these days would be much appreciated.

[Shahkakaram]

Hello Everyone,

I'm new to this group.. I applied for my Indefinite leave yesterday... How long does it usually take for them to process the application and return the passport? I need to go back home next March and was wondering if I would get it by then..

Advise on the timescale these days would be much appreciated.

Hi Jay ,

Welcome to the forum ,
best of luck and hopefully you will get the reply before March 2015 , at present ( from the google drive ) average waiting is time is 18 to 19 weeks so probably you will get your reply before 31st January 2015 or before that

best of luck
regards ,
S.Akaram

[jay_p2013]

Hi Jay ,

Welcome to the forum ,
best of luck and hopefully you will get the reply before March 2015 , at present ( from the google drive ) average waiting is time is 18 to 19 weeks so probably you will get your reply before 31st January 2015 or before that

best of luck
regards ,
S.Akaram

Thank you very much S.Akram. I hope I receive it soon.

Will the Christmas break affect the timescale at all?

I have also been out of the country for nearly 490 days.. Does that mean it will take them longer than usual to process?

[shez1330]

Dear All Members

Hope anyone can help me. we have applied on 29/4/14 and today we have rung home office and was told that they are working on the same date as we applied but our application is pending.


aprboom (member ) applied same time as us and got reply 9/9/14.

We are getting bit impatient now is anyone else in same situation.

Is there any steps we can take to speed up matter.

Regards

[Shahkakaram]

Hi Jay ,

Welcome to the forum ,
best of luck and hopefully you will get the reply before March 2015 , at present ( from the google drive ) average waiting is time is 18 to 19 weeks so probably you will get your reply before 31st January 2015 or before that

best of luck
regards ,
S.Akaram

Thank you very much S.Akram. I hope I receive it soon.

Will the Christmas break affect the timescale at all?

I have also been out of the country for nearly 490 days.. Does that mean it will take them longer than usual to process?

Hello jay ,

Well if you see the google drive in some case the waiting time is slightly lower then the average current waiting time so I think including these xmass and new year holiday still you may get the good news earlier then 31st Jan 2015 ... These are all guesses don't have the case worker flow chart that how long the take to process any application or in particular we don't know which application is complicated for them to decide ...however you can read your bio metric invitation They mentioned some cases which take longer to decide ( I don't have that letter handy but u can have it shortly ) ... Still on the basis on that information we the applicant can not say that they taking this case longer or that in particular ..

I personally don't rely on those myths because clearly we don't have any solid information that which cases are taking longer ...

Regarding your 490 days out of country ...I don't understand any reason that they will delay your decision as you are still under allowable time out of country ...hope you have provided all the supporting documents to proof your stay out of country .. So keep your hope high and trust in God to bless you with success before January 2015 ..

Cheers

Hope it's help
Regards ,
S.Akaram

[jay_p2013]

Hi Jay ,

Welcome to the forum ,
best of luck and hopefully you will get the reply before March 2015 , at present ( from the google drive ) average waiting is time is 18 to 19 weeks so probably you will get your reply before 31st January 2015 or before that

best of luck
regards ,
S.Akaram

Thank you very much S.Akram. I hope I receive it soon.

Will the Christmas break affect the timescale at all?

I have also been out of the country for nearly 490 days.. Does that mean it will take them longer than usual to process?

Thanks a lot Akram.. You have been very helpful... I will hopefully receive it soon...


Hello jay ,

Well if you see the google drive in some case the waiting time is slightly lower then the average current waiting time so I think including these xmass and new year holiday still you may get the good news earlier then 31st Jan 2015 ... These are all guesses don't have the case worker flow chart that how long the take to process any application or in particular we don't know which application is complicated for them to decide ...however you can read your bio metric invitation They mentioned some cases which take longer to decide ( I don't have that letter handy but u can have it shortly ) ... Still on the basis on that information we the applicant can not say that they taking this case longer or that in particular ..

I personally don't rely on those myths because clearly we don't have any solid information that which cases are taking longer ...

Regarding your 490 days out of country ...I don't understand any reason that they will delay your decision as you are still under allowable time out of country ...hope you have provided all the supporting documents to proof your stay out of country .. So keep your hope high and trust in God to bless you with success before January 2015 ..

Cheers

Hope it's help
Regards ,
S.Akaram

[aprboom]

[quote="shez1330"]Dear All Members

Hope anyone can help me. we have applied on 29/4/14 and today we have rung home office and was told that they are working on the same date as we applied but our application is pending.


aprboom (member ) applied same time as us and got reply 9/9/14.

We are getting bit impatient now is anyone else in same situation.

Is there any steps we can take to speed up matter.

Regards

Hello there,

To be honest there is not a lot you can do at the minute but to wait. For your satisfaction you have already phoned HO and they will always use this well tired word 'pending'. You may have
Noticed that since 22nd Of August the approvals pace has really died down albeit on the google drive. There are members below and above you that had their biometrics done well before us. HO can take up to 6 months to make a decision so they are well within their rights. I can imagine your frustration however, have faith in God and you'll soon hear a good news. We are all praying for you. Good luck!

[rk1506]

Hey buddy, what do u mean by google drive? Can u plz post the link so that we can check it out plz.
Explain us in the easiest way possible plz
Thx man

please find the link bellow

everyone write their timeline so it gives you a hint when you will expect your decision
you can sharew your time line in there as well.
have a good weekend mate

Hi all, just notice that some1 update my timeline on google drive, thank you.

It seems quite odd that someone on this forum got his/her acknowledgement letter 3 month later. As H/O receive my application on the 30 May and got my acknowledgement letter dated 03/06/2014 by no later than 09/06/2014. Was just wondering why the delay?

Can someone please let us know if their are any delays in processing application at the moment by H/O as the google drive or this forum hasn't been update for a while by anyone on their decision.

Take care and god bless us all[/quote]

Hi shajee bhai, hope you are doing great. Thanks a lot for helping everyone on the forum. Your words means a lot to us.
Any particular reason why processing time has been very slow lately. As I've said before, got the MP to send HO a letter to process my application as a priority but haven't heard anything so far neither has my MP!!!!

It's very stressful thinking about it all the time.

God bless u and everyone going through these sleepless night.

RK1506

[Arsal385]

Dear all,

I have posted my SET (LR) application today on 10th Sept 2014.
Can anyone please upload my detail on Google drive?
Further detail will be posted in due course.
Regards,
ArsaL

[skywatcher]

alhamdolilah my wife and childrens got indefinate under the old rules .....thanks to this forum where i got information about applying spouce visa before 6th april

Congr. thanks to Almighty only he can help
brother i want to know when u have applied for urs dependant indefinite and how you rid off new rules
waiting for reply
regards

[skywatcher]

alhamdolilah my wife and childrens got indefinate under the old rules .....thanks to this forum where i got information about applying spouce visa before 6th april

Hi gondal bahi,
Good to hear that another successful member who avoided the arbitrary rule change of 6th April 2014, many congratulations to you and your Mrs and kids, well done and well deserved. All the best.
Kind regards
Shahjee

hi shahjee
i have seen this forum since last week and found that you are one of update person and also ours bit unusal circumstance . i want to know what ll i do for my wife indefinite.i am on the 10 yrs indefinite
she is with me as PBS dependant since december 2010(2yrs psw , 2 yrs tier 1 and now on exten of tier 1)
my thought was that as she spend nearly 5 yrs as my depent so may be she will get indefnite , or she is my pbs dep since last 5 yrs so will get it
but as much i am searching i am confused now
can you help me
regards

[NasirNNN]

Bhai Usman ,

Here you go Dr Shahjee is already here in emergency ward
Thanks you Dr Shahjee

Regards ,
S.Akaram

Hi S.Akaram,
You are brilliant, and have almost taken over from me
I strongly recommend you to be the next Dr
Kind regards
Shahjee

Shahjee and S.Akram

you guys are awesome helping so many peoples.Dr Shahjee and junior Dr S.Akram welldone
May Allah give you rewards for all that
my prayers are for all of those who are waiting for their ILR
Guys be patience u will have your turn soon

Regards

[fielddrive]

No Biometrics letter yet...

Anyone else have any updates?

[tuhin]

Dear ShahJee Bhai/ Dear KashRiz Bhai,
please guide me. I am under 3d right now, my 10 years will be in Jan 2015 where as my first tier tribunal will be in Feb 2015. My only problem is my PP is in the Home Office and I don't have any driving licence to sit for LIUK test. KashRiz bhai adviced me before to write to HO and they will send me an attested copy.
Could you please clear me do they really response if I write to them re this issue? Is there any other alternatives?
I wanted to speak to my solicitor, but he said it's too early to deal with this. But I want to sort out this problem asap.
Can I take any help from my local MP to bring my PP or attested copy of my PP? Please brother give me a clear guidance.

I have only five months in my hands...Please guide me to sort out this matter, passing a very stressful time.
One more thing, is it possible change my solicitor at this moment....the guy is not really helping me in my current stressful time.

Kind Regards,
Tuhin

KashRIz Vai,
Many many thanks for your time and reply. It will really help me.

Kind Regards
Tuhin

Hi Tuhin,

I would like to differ here with my Bro shahJee...You can not apply for ILR(Lr) 28 days before the completion of 10 years of lawful residency. As per law you have to live 10 years in the country under immigration laws now when you will apply for ILR you will withdraw your appeal and your law full status under 3c/3d will finish and you still have 28 days to complete 10 years. Although you will vary your application with ILR (lr) but to apply for that u must have completed 10 years. I hope that make sense.

Now for life in UK you can simply write to HO and they will provide you an attested copy of your passport and DVLA. That will solve your problem. Its recommended that you ask your Solicitor to do that for you.

Now there is another problem here when you are under 3c/3d and you vary your application with ILR(lr) your previous status which was a student does not stand any more. Therefore un till you get your new visa you cannot work (Some people may disagree as I couldnt find any thing to prove it). Although HO is not very strict about it but there was member here who was stopped by police while driving cab in london and asked to stop working (police contacted HO) by HO. He was stopped for traffic offence but he ended up with a problem with HO. Although it didnt affect his long residency as he already had 10 yrs in the country and eventually got his visa but he had to stop working for few weeks. He previous status was Tier 1 General.

I hope it will help, I know its a little horror story but thats what i think is correct others may differ. You better Email HO and ask them by explaining your situation. But do not apply 28 days before completion of 10 years.......That can be a fatal mistake as HO is very funny now a days and picking very little things.

Dear Brother Shahjee,
Many many thanks for your reply. From next week I’ll will stick with my 20 hrs and won’t do full time. Brother please clear me two things; firstly, as you know I’m under 3d, am I eligible to apply 28 days early? Some solicitor says people who are under 3c/3d they should apply after completion of full 10 yrs. This is not very clear in the policy guidance.
Secondly, I don’t have any driving licence and passport kept by the border agency, how I can sit for the LIUK test?
Thanks for kind co-operation.

Tuhin

[shahjee1234]

hi shahjee
i have seen this forum since last week and found that you are one of update person and also ours bit unusal circumstance . i want to know what ll i do for my wife indefinite.i am on the 10 yrs indefinite
she is with me as PBS dependant since december 2010(2yrs psw , 2 yrs tier 1 and now on exten of tier 1)
my thought was that as she spend nearly 5 yrs as my depent so may be she will get indefnite , or she is my pbs dep since last 5 yrs so will get it
but as much i am searching i am confused now
can you help me
regards

Hi skywatcher,
Thanks for the confidence that you shown on me.
Regards to your wife visa after your ILR on 10 years long residency, she has to apply for her extension to convert her from the status of dependent of Tier1 to that of dependent of a settled person through form FLR(M). Now there is a big catch in FLR(M), from April 2014 Home Office have changed the rules and under the new rules any time that your dependents already spend in this country is null and void, means the clock goes back to zero, and they start their time again to qualify for ILR, and that qualifying period is 5 years. She has to apply extension on form FLR(M), which is initially issued for 2.5 years, and that is extendable for another 2.5 years to complete the 5 years qualifying period for the ILR on form SET(M).
For FLR(M)
She has to prove household income trash hold of £18,600, if it is only your wife applying
English language certificate at level A1
I am really sorry to disappoint you that she can't apply directly for settlement.
I hope my explanation will help. Many thanks.
Kind regards
Shahjee

[mizanbg]

Hi Shajee,

I have noticed that you have reply this before, but to be more clear please don't be offended if you reply my queries again.

I have recently applied ILR on the basis of long residency and still waiting for the outcome. I hope to receive the positive decision by January 2015. However, as I was in Tier 1, my wife's dependent visa is still valid until Feb 2016. I know it is ideal to switch her visa as FLR (M) dependent as soon as my one is sorted. However, she will complete her own 10 years in July 2015, so it is a matter of six months or so. I don't want to spend this extra 1000 pounds or so just to swithch on FLR(M) as she will be eligible to apply on her own in July 2015. she has no plan to travel abroad either. So, would I be safe to wait for her own right or should I change her visa to FLR(M). I know this is gray area but the expert advice is always precious. I have two kids born here, so I can make there naturlisation application once my one is sorted, finger corssed! Please advice. Thank you for your help.