10 Years rule and couple of questions

[geriatrix]

Can someone please confirm if it's okay and means no gap?

Leave expires at 23:59:59 hours on the date of expiry. If SAR shows that your application was "raised" on the same date as the date of expiry of (then) current leave, be assured that your application was definitely an in-time application (i.e. - no gap).

[adamboston]

sushdmehta thanks a million for the confirmation. I'm feeling so relieved. God bless.

[adamboston]

Dear all

Firstly thanks to all the contributors for helping me to get to this stage. I am now preparing myself to apply for ILR on the basis of 10 years legal stay. I have just started filling the forms; set (o) for myself and FLR (m) for my wife. While filling the forms I want to ask about few things which need clarification:

1. FLR(M) asks for proof of funds available for maintenance as to assure we are or will not rely on public funds. I'm in full time employment and my wife has just over 4k in her account. Is there a set amount we have to show to satisfy this requirement?

2. As I'll be applying for my ILR at the same time my wife will apply for FLR, there is a question in FLR(M) asking for settled partner's passport, can we just mention in FLR(M) that I have sent my passport to ILR section therefore we can't provide my passport along with my wife's application. Can we do this? I will enclose copies of my all passports (2 old and a current one) with her application.

3. This is a silly one: if a question on SET(O) doesn't apply in my case, do I need to put 'Not Applicable' or leave it blank? I don't know but there's always a stigma attached to this 'leaving blank' idea.

I'm completing my 10 years on 10.08.11, our both current leave is expiring on 31.07.11. The 10 day gap is covered in 28 days provision. I'll be posting my application on 18th July and my wife's application will be posted on 25th July. The reason we are not posting both applications together is I want to include my case ref. no. on my wife's application along with all the requisites. There's a great possibility that I perhaps won't receive my ref. no. by 25th but either case I'll post her form on 25th. (hope it's okay??!!!)

I'll also include covering letter with each application and we will be paying by postal orders; £972 and £550 for Set(o) and FLR(M) respectively. Everything is going to be DIY.

Hope I'm not missing anything here??

Thanks guys and God bless you all.

[Aryan2013]

Dear all

Firstly thanks to all the contributors for helping me to get to this stage. I am now preparing myself to apply for ILR on the basis of 10 years legal stay. I have just started filling the forms; set (o) for myself and FLR (m) for my wife. While filling the forms I want to ask about few things which need clarification:

1. FLR(M) asks for proof of funds available for maintenance as to assure we are or will not rely on public funds. I'm in full time employment and my wife has just over 4k in her account. Is there a set amount we have to show to satisfy this requirement?

I don't think there is one but the amount you have should be ok.

2. As I'll be applying for my ILR at the same time my wife will apply for FLR, there is a question in FLR(M) asking for settled partner's passport, can we just mention in FLR(M) that I have sent my passport to ILR section therefore we can't provide my passport along with my wife's application. Can we do this? I will enclose copies of my all passports (2 old and a current one) with her application.

It may be a good idea to include a cover letter and request them to consider your application before your wife's application.

3. This is a silly one: if a question on SET(O) doesn't apply in my case, do I need to put 'Not Applicable' or leave it blank? I don't know but there's always a stigma attached to this 'leaving blank' idea.

I think 'Not Applicable' will do.

I'm completing my 10 years on 10.08.11, our both current leave is expiring on 31.07.11. The 10 day gap is covered in 28 days provision. I'll be posting my application on 18th July and my wife's application will be posted on 25th July. The reason we are not posting both applications together is I want to include my case ref. no. on my wife's application along with all the requisites. There's a great possibility that I perhaps won't receive my ref. no. by 25th but either case I'll post her form on 25th. (hope it's okay??!!!)

I am not sure on this so will wait for sen/mod's.

I'll also include covering letter with each application and we will be paying by postal orders; £972 and £550 for Set(o) and FLR(M) respectively. Everything is going to be DIY.

Hope I'm not missing anything here??

Thanks guys and God bless you all.

All the best

[adamboston]

Thanks Aryan, yes I'll definitely mention in both covering letters about considering my application first.

Let's see what seniors and moderators suggest.

Thanks again mate.

[adamboston]

sushdmehta, Vinny and other seniors! could you please advice what exactly I need to say in my wife's FLR(M) covering letter about considering my application first before dealing with her case. I was feeling quite confident that I can do everything myself but now I feel like I am losing the plot.

Our both current LTR is expiring on 31.07.11. Please help. Thanks

[adamboston]

My special request to seniors and mods (sushdmehta, Vinny and others) who have been extremely helpful in past.

Sorry for creating boredom by keep on repeating the same question:

Recap:

11 Aug 2001 - 31 Dec 2006 as Student
1 Jan 2007 - 31 July 2001 as Student dependant.
1st Aug 2011 - 11 Aug 2011 (within 28 days provision - Early application)

No Visa gaps.

Total 75 days absence in 10 years.

Passed KoL in April 2011.

I am applying for ILR (10 years lawful stay) and my wife (currently a doctorate student) is going to apply for further leave to remain as my spouse. She has been in this country for the last 7.5 years. Our both current LTR is expiring on the same day i.e. 31.07.11.

There is no provision for dependants to apply under the 10 years long residency rule (unless they qualify under 10 years in their own capacity) but I am sure I have read it somewhere in this forum that spouse can apply for further leave by using FLR(M) and UKBA 'can' put a hold on spouse's FLR(M) application till they decide and grant ILR to the main applicant. A covering letter is suggested to attach with spouse's application in order to make this request. I want to send both SET(O) for myself and FLR(M) for my wife either together or with a gap of 5 days.

Couple of days ago I met someone who used to work as an immigration advisor (at the local advice centre). She told me that my above mentioned understanding is 'completely wrong' and unless I am granted ILR any application for spouse visa (for my wife) would 'definitely' be refused. She also reckons that UKBA are not obliged to consider my request to deal with my application first and then my wife's.

Few years ago when I switched from Student to Student Dependant status I did the same thing. My wife's FLR(S) applicaton was sent in October 2006 and I sent my FLR(O) in December 2006 while they still had my wife's passport with them. I asked in the covering letter to consider my application for student dependent after dealing with my wife's student extension (main applicant). In Jan 2007 we both received our passports back with new visa endorsed (in line to each other).

Now, after speaking with this 'veteran' immigration advisor, I feel like I am back to square one. I thought it would be a quicker route to settlement for my wife instead of applying for another student extension. I am totally confused.

Please guide me towards the right direction. Thank you so much.

[vinny]

Couple of days ago I met someone who used to work as an immigration advisor (at the local advice centre). She told me that my above mentioned understanding is 'completely wrong' and unless I am granted ILR any application for spouse visa (for my wife) would 'definitely' be refused. She also reckons that UKBA are not obliged to consider my request to deal with my application first and then my wife's.

If you succeed, then FLR(M) is appropriate for her. They may consent to consider her application after yours because of the SET(O) guildance.

However, if you are applying on the basis of long residence, you may not include any dependants in your application. They may apply separately if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, they may apply for temporary permission to stay in the UK using application form FLR(M) - if they do this, they can include any children under 18 as their dependants. For other options, see the detailed Guide SET(O).

If she is refused and has no leave remaining, then she will have the right of appeal.

Alternately, she may extend her student leave. If you succeed before her application is decided, the she may vary her application to FLR(M).

[adamboston]

Thanks a million Vinny, it's a great help. God Bless you mate.