10 years long residence applications

Khall75 · Post by **Khall75** » Mon Dec 10, 2012 12:07 pm

@Damanisshallo you r rigt. It's only for those who apply for the first time after 9 July. Who ever had a visa before that will come under the old rules.

Khall75 · Post by **Khall75** » Mon Dec 10, 2012 12:09 pm

@Damanisshallo you r rigt. It's only for those who apply for the first time after 9 July. Who ever had a visa before that will come under the old rules.

smshad · Post by **smshad** » Mon Dec 10, 2012 12:10 pm

Hi,

I looked into this rule briefly few months back and as per my understanding 5 years wait is for ALL category of dependants who entered into the UK AFTER 09/07/2012 or swtich into a settletment category within UK after this date.

So, any Tier 1 (General) dependant who were in the UK before this date will get ILR after 2 years wait as previous rule.

PSW dependants will have to wait 5 years irrespective if they entered into the UK before 09/07/12 or after, because PSW is not a settlement route.

Please read the rules in full and advise again if my understanding is correct or not.
Thanks.
Shad.

Spidery_thread wrote:Dear Smshad,

Please be advised spouse category on FLR(M) is extended to 5 years since 09/07/2012.

Unfortunately it is a 5 year wait now for the spouse to qualify for ILR.

smshad · Post by **smshad** » Mon Dec 10, 2012 12:18 pm

Hi,
You are right BUT it also depends on which visa category a dependant was in the UK before 09/07/12.
I have given an exmple in a post below. Please refer.
Thanks.

Khall75 wrote:@Damanisshallo you r rigt. It's only for those who apply for the first time after 9 July. Who ever had a visa before that will come under the old rules.

Spidery_thread · Post by **Spidery_thread** » Mon Dec 10, 2012 12:39 pm

Once 8 weeks are passed since the application date, call can be made to UKBA to enquire about Biometric Invitation Letter.

Post by **Damanisshallo** » Mon Dec 10, 2012 12:44 pm

Any reference point to justify this?

Spidery_thread · Post by **Spidery_thread** » Mon Dec 10, 2012 12:48 pm

If some one has applied or has held spouse visa before 9 July 2012, they fall under old category(2 year).

On and after 9 July 2012 all FLR(M) applications are considered under 5 year route regardless of what previous status/visa was.

Spidery_thread · Post by **Spidery_thread** » Mon Dec 10, 2012 12:49 pm

I was advised by UKBA, on Tel: 0870-606-7766.

Most of UKBA activity is unjustified any way, unless a positive decision is made, from extremely high cost of applications to unnecessary time take to process an application.

Justified....!!!!!!

Khall75 · Post by **Khall75** » Mon Dec 10, 2012 1:05 pm

My wife joined me in uk on 15 August 2006, she was issued student dependent visa on 21 july2006 till 31 December 2008. The she got PSW tier 1 for 2 years on 13 march 2008 till 13 march 20011.
25 July 2011 she was issued visa as PBS dependent till 25 July 2013. Now as I'm wait for my ILR 10 years for the last 7 months,
All I read and understood from the forum is that she will apply for FLR m for 2 years as she is in uk for over 6 years now if I'm not wrong. She will apply under old rules and I will not need the £18600 silly thing as well. Any suggestion or correction plz reply.
Thanks

mikevs · Post by **mikevs** » Mon Dec 10, 2012 1:20 pm

Finally got the passport back!
applied on 26/05/2012
HO date on the application 28/05/2012
Acknowledgement letter 31/05/2012
Biometrics invite 01/08/2012 (ish)
Biometrics enrolled 02/08/2012 (ish)
Docs posted 06/12/2012
Docs received 10/12/2012
Biometric residence permit - still en route

BTW, how long does it take to get BRP normally?

countrygirl · Post by **countrygirl** » Mon Dec 10, 2012 1:29 pm

Dear smshad and Spidery_thread.

Thanks a lot for your reply and explanation .
smshad i agree with you that i will apply on FLR (m) now but i am not sure about the financial requirement. because it says that this will apply only to the people who came after 9th July 2012. see the

http://www.immigrationboards.com/viewtopic.php?t=105162

Also i have read in this forum some one replied to a query that you can apply for ILR when you spent 2 years as Tier1 dependant
I will copy the post here.

Ged
Member
Joined: 13 Jun 2012
Posts: 84
Location: Edinburgh
Posted: Sat Aug 25, 2012 2:33 pm Post subject:
Since your wife has been here as your tier 1 dependent for more than 2 years, this means she will be able to apply using set(m) (not flr(m)) for ILR directly as soon as you get yours as long as you get your ILR before the end of your current leave. Kids can directly apply for citizenship when you get your I

Spidery_thread · Post by **Spidery_thread** » Mon Dec 10, 2012 2:04 pm

I am not trying to discourage any one here but the fact is new rules and new maintenance requirement for any one who has applied on or after 9 July 2012.(As per my previous post).

This is what the rules says, not a suggestion or a post. Please read the page below:

http://www.ukba.homeoffice.gov.uk/sitec ... 65-fam-set

Good Luck to All

Spidery_thread · Post by **Spidery_thread** » Mon Dec 10, 2012 2:08 pm

Congrates Mikevs.....use it wisely ....

BRP takes 7-10 days to arrive....

Ged · Post by **Ged** » Mon Dec 10, 2012 3:38 pm

countrygirl

Please be careful, I think you are already aware of the recent changes but because my previous message was not correct, I had to warn you about this issue;

When you spend 2 years as a tier 1 dependent, it counts towards the 2 years residence requirement of the dependents' ILR application. However, after these 2 years period, HO comedians still want you to apply with a FLR(M) first and then apply for ILR only after receiving your FLR. So it costs more and takes longer time and effort to resolve. The dependents of tier 1 work permit are still required to use FLR(M) first, SET(M) afterwards (just as you mentioned).

You need to read the post you quoted carefully; just in case I misled you in the past;

http://www.immigrationboards.com/viewtopic.php?t=105162

My previous comments regarding using SET(M) directly did not turn up to be correct unfortunately. They were based on the same sticky post link you mentioned but sushdmehta changed the contents of the sticky post when the news emerged about having to apply for FLR first.

amjadleeds · Post by **amjadleeds** » Mon Dec 10, 2012 10:01 pm

Hi everyone I applied ILR on basis of 10 year rule, today I received bio met letter

Application date 25/10/12
Payment taken 28/10/12
Acknowledgement letter 02/11/12
Bio letter date 10December...........

Guys any idea how long they take after bio metrix , I have concern I haven't apply with me my family visa extension, they has visa until April 2013 my kids born here so I am thinking to apply straights settlement for them which less costly route.
Question 18600 requirement for spouse visa required as per new law, and how old income I can show, if I apply in April 2012 out 15month 12months as tier1 general rule or different.
Your advice will be highly appreciate

Kind regards

Amjad leeds

Ged wrote:countrygirl

Please be careful, I think you are already aware of the recent changes but because my previous message was not correct, I had to warn you about this issue;

When you spend 2 years as a tier 1 dependent, it counts towards the 2 years residence requirement of the dependents' ILR application. However, after these 2 years period, HO comedians still want you to apply with a FLR(M) first and then apply for ILR only after receiving your FLR. So it costs more and takes longer time and effort to resolve. The dependents of tier 1 work permit are still required to use FLR(M) first, SET(M) afterwards (just as you mentioned).

You need to read the post you quoted carefully; just in case I misled you in the past;

http://www.immigrationboards.com/viewtopic.php?t=105162

My previous comments regarding using SET(M) directly did not turn up to be correct unfortunately. They were based on the same sticky post link you mentioned but sushdmehta changed the contents of the sticky post when the news emerged about having to apply for FLR first.

Ged · Post by **Ged** » Mon Dec 10, 2012 10:57 pm

amjadleeds, welcome on board.
There is no other information you can get about "how long it will take" question other than looking at the skydrive file. I included your information as well. It is here;

http://sdrv.ms/LpFy1N

Other than that, please read the sticky post I included in my previous post regarding your dependants. It seems to be the current advice we all follow.

countrygirl · Post by **countrygirl** » Mon Dec 10, 2012 11:13 pm

Ged wrote:countrygirl

Please be careful, I think you are already aware of the recent changes but because my previous message was not correct, I had to warn you about this issue;

When you spend 2 years as a tier 1 dependent, it counts towards the 2 years residence requirement of the dependents' ILR application. However, after these 2 years period, HO comedians still want you to apply with a FLR(M) first and then apply for ILR only after receiving your FLR. So it costs more and takes longer time and effort to resolve. The dependents of tier 1 work permit are still required to use FLR(M) first, SET(M) afterwards (just as you mentioned).

You need to read the post you quoted carefully; just in case I misled you in the past;

http://www.immigrationboards.com/viewtopic.php?t=105162

My previous comments regarding using SET(M) directly did not turn up to be correct unfortunately. They were based on the same sticky post link you mentioned but sushdmehta changed the contents of the sticky post when the news emerged about having to apply for FLR first.

Dear Ged

Thanks for your explanation.

It’s clear now that I have to apply on FLR m and not for ILR.

So when I get my visa on FLR m shall I have to wait 2 more years to apply for ILR?

Or once I get it, my 2 years as PBS dependant will then be counted and I can apply straight away for ILR?

Also do I need to meet the financial requirement introduced after 9th July?

I have also 2 kids; both were born in the UK. We are applying for their naturalization at the same time I will by applying for me FLR m. If I need to meet the financial requirement do I have to show finance for the kids as well?

naqeeb · Post by **naqeeb** » Tue Dec 11, 2012 12:59 am

hi looking through the skydrive, can some one update my details on it please.

Application Sent : 23rd August 2012

Acknowledgement Received: 1st sept

Bio Metric Invite Letter received : 24th November 2012 (Dated 14th Nov)

Bio Metric Enrollment done : Same Day

Case Details: 7 Years student, 2 Years Fresh Talent and 1 year under section 3c ( as my application for student was refused - i appealed and went to tribunal - lost my case in the upper tribunal appeal as well) then applied for ILR

BRP: Still Waiting

Small Query as well: How long does it take for home office to return documents incase i withdraw my application. I have plans to travel in 1st week of march and very worried about what i need to do wait or withdraw unfortunately i cant postpone and i have to travel. Any suggestions

Ged wrote:amjadleeds, welcome on board.
There is no other information you can get about "how long it will take" question other than looking at the skydrive file. I included your information as well. It is here;

http://sdrv.ms/LpFy1N

Other than that, please read the sticky post I included in my previous post regarding your dependants. It seems to be the current advice we all follow.

zeezee0 · Post by **zeezee0** » Tue Dec 11, 2012 1:44 am

speak to a solicitor, better be safe than sorry as you cant rely 100% on info posted here...

amjadleeds wrote:Hi everyone I applied ILR on basis of 10 year rule, today I received bio met letter

Application date 25/10/12
Payment taken 28/10/12
Acknowledgement letter 02/11/12
Bio letter date 10December...........

Guys any idea how long they take after bio metrix , I have concern I haven't apply with me my family visa extension, they has visa until April 2013 my kids born here so I am thinking to apply straights settlement for them which less costly route.
Question 18600 requirement for spouse visa required as per new law, and how old income I can show, if I apply in April 2012 out 15month 12months as tier1 general rule or different.
Your advice will be highly appreciate

Kind regards

Amjad leeds

Ged wrote:countrygirl

Please be careful, I think you are already aware of the recent changes but because my previous message was not correct, I had to warn you about this issue;

When you spend 2 years as a tier 1 dependent, it counts towards the 2 years residence requirement of the dependents' ILR application. However, after these 2 years period, HO comedians still want you to apply with a FLR(M) first and then apply for ILR only after receiving your FLR. So it costs more and takes longer time and effort to resolve. The dependents of tier 1 work permit are still required to use FLR(M) first, SET(M) afterwards (just as you mentioned).

You need to read the post you quoted carefully; just in case I misled you in the past;

http://www.immigrationboards.com/viewtopic.php?t=105162

My previous comments regarding using SET(M) directly did not turn up to be correct unfortunately. They were based on the same sticky post link you mentioned but sushdmehta changed the contents of the sticky post when the news emerged about having to apply for FLR first.

Ged · Post by **Ged** » Tue Dec 11, 2012 8:11 am

Countrygirl;
Your time spent as a tier 1 dependent counts as part of these 2 years if you are subject to the old rules. This means if you have been a tier 1 dependent for 2 years already, you can immediately apply as soon as you get your FLR, you are eligible for ILR. This is what we are trying to get for my wife at the moment. So as a scenario;

If your husband gets his ILR before your current leave expires, you can get two PEO appointments one for FLR and other for ILR, so that you can finish the whole process within a few weeks.

If your current leave is expiring before your husband gets his ILR, you will end up applying for FLR with a postal application first and ILR afterwards either via PEO or post.

If your stay as a tier 1 dependent does not add up to a total of 2 years, you need to wait with FLR until you meet the 2 years duration requirement then apply for ILR.

This is my understanding, and the advice I am following. I hope this helps. I do not know about kids as I do not have any kids myself.

natisanga · Post by **natisanga** » Tue Dec 11, 2012 10:32 am

Mikevs
Congratulations for your passport!!
These are good news for all!

Congrats also to Agusut applicants that got bio letter... incredible!
we are glad just to receive the bio letter...

I did not know til this week that the new fees for people extending Tier 1 visas is £1500 (£1800 in person, that is, if you can get an appointment which is proving impossible- now all full for dates mid March).

My brother is on that category...

ANyway, best of luck to all.

gingerbread · Post by **gingerbread** » Tue Dec 11, 2012 11:40 am

Hi,
I am new to this group and was wondering if my application progress could be added onto the 'skydrive' tool. I applied under the SET (O) 10 year long residence form.

Application submitted: 8/15/2012
Acknowledgement letter dated: 8/20/2012
Biometric Letter dated: 10/19/2012
Biometrics enrolled: 10/25/2012
And am now waiting like everyone else in this forum (and am missing the holidays because I didn't realize this whole application process would take so long).

I was a dependent for the first three of the last ten years, then a student for the next seven.

Good luck to everyone who as applied, I hope we all get some good news soon!

Ged · Post by **Ged** » Tue Dec 11, 2012 11:46 am

Gingerbread, welcome. You are in sky-drive now.

http://sdrv.ms/LpFy1N

verylongwait · Post by **verylongwait** » Tue Dec 11, 2012 4:04 pm

Like most of you I am also waiting patiently and wanted to be added to the spreadsheet.

Application sent: 17 Sept 2012
Acknowledgment letter issued: 20 Sept 2012
Biometrics letter: waiting
Biometrics done: waiting
Approval letter: Waiting
Passport : Waiting

Thanks

I can see most of September applications have received their bio letter but im waiting still, have tried calling 0807 606 7766 but no option to ask for the progress, they just hang up!!

saanju9 · Post by **saanju9** » Tue Dec 11, 2012 4:08 pm

Hi CountryGirl

I agree with Ged's advise, which is what I am going to do. Unfortunately, the rats in HO decided that you need a FLR(m) before you can apply for ILR.

Answering your question. YOU DO NoT NEED TO FOLLOW THE NEW RULES OF £18000 or whatever as you have been already on a dependent Tier 1 visa from before 9th July 2012. And you don't need to wait 5 years as the newly married happy couples do (I am oldly married and happy is gone - Joke).
And technically yes you have to wait 2 years before ILR application. BUT Ged is right. There is a LOOPHOLE in the system which is what Ged explained. So apply for you FLR(m) and then give a bit of gap and apply for ILR.

Suggestion: Please see a solicitor (a good one who knows what he is doing - not a cheap one like mine where I know better than him and I have to do all my work and he takes the fee) if you're unsure.

xx

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