10 years long residence applications

[Ged]

Verylongvait, you have been included to the spreadsheet. Please keep us updated so that the spreadsheet remains meaningful.

http://sdrv.ms/LpFy1N

[gingerbread]

Hey,
Not to nit-pick, but my biometric letter was dated on October 19th (Not the 29th like skydrive is currently suggesting).
Thanks.

[Spidery_thread]

@Ged & Saanju,

I have read both of your posts, and I agree that rules should have be 2yrs FLR(M) not 5yrs on FLR(M) for those who have been issued dependant visa of Tier 1 General prior to 9 July 2012.

But aren't you forgetting that dependant visa on any category technically cease to an automatic end when the main applicant circumstances changes and he/she is on ILR(based on 10 year Long residency).

Therefore dependant must change their visa status as soon as possible rather than wait for its expiry.(if ILR has been issued on 10y LR for the main applicant).

There is no LOOPHOLE in immigration rules/law which allows such application to fall under 2 year FLR(M) where main applicant on T1G has applied ILR on the basis of 10y-LR not 5y T1G.

Rules are laid by UKBA to follow, there is no option whether some one chooses not to....!!!!

[Ged]

Spidery_thread,

You said;

"But aren't you forgetting that dependent visa on any category technically cease to an automatic end when the main applicant circumstances changes and he/she is on ILR (based on 10 year Long residency)."

What you are saying is correct but seems not related to the question countrygirl has asked. She already intends to apply for FLR as quickly as possible. And when she gets it will become eligible for ILR as soon as a total of 2 years is spent. These 2 years include both tier 1 dependent visa and FLR, therefore she will not be required to wait for an additional 2 years that is all we are saying.

[countrygirl]

Dear Ged, saanju9 & Spidery_thread,

Thanks a lot for all the explanation.
Though there is a little bit difference in the opinions but I will follow Ged and Saanju,s explanation.
Ged/Saanjo did you show the financial requirement when you were applying for the FLR?
Any other thing you want to share?

Regards

Spidery_thread,

You said;

"But aren't you forgetting that dependent visa on any category technically cease to an automatic end when the main applicant circumstances changes and he/she is on ILR (based on 10 year Long residency)."

What you are saying is correct but seems not related to the question countrygirl has asked. She already intends to apply for FLR as quickly as possible. And when she gets it will become eligible for ILR as soon as a total of 2 years is spent. These 2 years include both tier 1 dependent visa and FLR, therefore she will not be required to wait for an additional 2 years that is all we are saying.

[Spidery_thread]

@Countrygirl,

Seek professional advise from a solicitor. No one wants to end up out of pocket if apply in wrong category/rule.

Most importantly loose precious time.

[Spidery_thread]

@ Ged,

you wrote,
These 2 years include both tier 1 dependent visa and FLR, therefore she will not be required to wait for an additional 2 years that is all we are saying.

Has any one successfully got FLR(M) [2yrs] and ILR straight away after getting spouse visa being a dependant of T1G?

Where main principal applicant changed his/her's category.

I was addressing exactly what countrygirl posted.

[Greenie]

@Ged & Saanju,

I have read both of your posts, and I agree that rules should have be 2yrs FLR(M) not 5yrs on FLR(M) for those who have been issued dependant visa of Tier 1 General prior to 9 July 2012.

But aren't you forgetting that dependant visa on any category technically cease to an automatic end when the main applicant circumstances changes and he/she is on ILR(based on 10 year Long residency).

Therefore dependant must change their visa status as soon as possible rather than wait for its expiry.(if ILR has been issued on 10y LR for the main applicant).

There is no LOOPHOLE in immigration rules/law which allows such application to fall under 2 year FLR(M) where main applicant on T1G has applied ILR on the basis of 10y-LR not 5y T1G.

Rules are laid by UKBA to follow, there is no option whether some one chooses not to....!!!!

Your advice is incorrect. See para 287(a)(i)(e) of the rules which allows a PBS dependent given leave before 9 July to combine the spent as a PBS dependent and time spent with leave as the spouse of a settled person towards the two years for ilr

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

[Spidery_thread]

@Greenie,

Section 287(a)(i)(e) states:

(e) the applicant was admitted to the UK or given an extension of stay as the unmarried or same-sex partner of a Relevant Points Based System Migrant and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of the person who is now present and settled in the UK.

My interpretation is: The applicant has completed 2 years "as unmarried or same-sex partner and then the spouse or civil partner of the person who is now present and settled in the UK".

To start with as unmarried or same sex partners....!!!!and then became spouse.

Tell me if I am wrong...?

[Spidery_thread]

Your advice is incorrect. See para 287(a)(i)(e) of the rules which allows a PBS dependent given leave before 9 July to combine the spent as a PBS dependent and time spent with leave as the spouse of a settled person towards the two years for ilr

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

@Greenie, you advised the wrong rule....

Section 287(a)(i)(d) applies to countrygirl as below:

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;

[Ged]

@Spidery_thread:

Have a look at this link with a very lengthy information:

http://www.whatdotheyknow.com/request/d ... led_person

In this very lengthy dialog between Angela Oto and BA, loads of crap is being spoken by BA employees but at the end of it all, these two paragraphs become interesting;

"Paragraph 287(a) allows for leave granted before the "switch" to be amalgamated with the leave as the dependant of a settled person to make up the 2 years."

"After completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, the partner is eligible to apply for indefinite leave to remain under paragraph 287 of the Immigration rules. The leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(d) of the Rules."

You can find this eye opening dialog between Angela Oto and BA employees from the link I included at the top of my message. You may want to read the whole link because it is interesting in the way it shows the competence levels of the people dealing with our life.

[Khall75]

Ops Policy Mailbox
Subject: Spouse visa

Dear sir/madam
Hope my email will find u in good health and spirit.
I applied for ILR on the bases of long residence(10 years). Just waiting for confermation. I need some information regarding my wife status.
She joined me in uk in August 2006 while I was a student,then I got 2
years PSW visa and then HSMP which is valid till July 2013.
My question is what category of visa form should I use for her now as
she lived with me in uk for over 6 years. Is she eligible for ILR or
should I apply for FLR(m). And whether she will come under the new rules
of 9 July 2012 or the old rules.
I will be looking forward to your kind reply.
Thank you so much

[Ged]

@Khall75:
Hi,
Our discussion about the subject you are asking might have confused you further. You should simply read this sticky post carefully. It should answer your questions;

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

If your HSMP is tier 1 or any other point based (PBS) category, the link should apply to you.

[Khall75]

Thank you for your enquiry dated 6th December 2012.

As you have been granted ILR under Long Residence Category, your wife
must switch into the marriage category using FLR(M) application form.


She would also be required to meet the new Immigration Rules applicable
from 9th July 2012.


Yours sincerely,
Immigration Group
UK Border Agency

[Ged]

Khall75
Sorry I thought you were asking a question

[Khall75]

No I ask the question from Ukba and got that answer which I posted already. What u thing of the answer. Let me knw plz

[Ged]

Khall75:
Does this sound like it is applying to you?

Effect of changes to immigration rules being introduced on 09-Jul-12 and qualifying residence period for settlement

For anyone who applied .. for the very first time .... for leave as a "dependant" (of PBS migrant) .... before 09-Jul-12, then:
1. if you need to switch to FLR(M) and then apply for settlement later, you will remain subject to the current immigration rules and not the new rules becoming effective on 09-Jul-12, and
2. the qualifying period for settlement is 2 years.

For anyone who applied .. for the very first time .... for leave as "spouse/partner" (of settled person or British citizen) .... before 09-Jul-12, then:
1. if you need to extend using FLR(M) for some reason and then apply for settlement later, you will remain subject to the current immigration rules and not the new rules becoming effective on 09-Jul-12, and
2. the qualifying period for settlement is 2 years.

For anyone who applied .. for the very first time .... for leave as a "dependant" (of PBS migrant) or "spouse/partner" (of settled person or British citizen) .... after 08-Jul-12, then:
1. you will be subject to the new immigration rules becoming effective from 09-Jul-12, and
2. the qualifying period for settlement will be 5 years.

[smshad]

Hi,

Download the PDF document below and refer to the point 132, Transitional arrangements on page 34.

This document is in plain English not legal kind of English and should clarify on which rule dependants have to apply, whether they fall under 2 years or 5 years category and if any one require to fulfil maintenance requirement or not.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

http://www.ukba.homeoffice.gov.uk/sitec ... -migration

First step is to get extension on FLR(M) and after that you can look into when your dependent can apply for ILR. Or if you can wait for Home Office reply if you have got enough time. Please do share their reply.

Thanks.
Shad.

Ops Policy Mailbox
Subject: Spouse visa

Dear sir/madam
Hope my email will find u in good health and spirit.
I applied for ILR on the bases of long residence(10 years). Just waiting for confermation. I need some information regarding my wife status.
She joined me in uk in August 2006 while I was a student,then I got 2
years PSW visa and then HSMP which is valid till July 2013.
My question is what category of visa form should I use for her now as
she lived with me in uk for over 6 years. Is she eligible for ILR or
should I apply for FLR(m). And whether she will come under the new rules
of 9 July 2012 or the old rules.
I will be looking forward to your kind reply.
Thank you so much

[Khall75]

@Ged it means that the home office answer is wrong as my partner got her Hsmp dependent visa on 25 July2011. Not after 9 July 12 he probation period will b 2 years and I have not to worry about £18600 stuff.

[Spidery_thread]

@Spidery_thread:

Have a look at this link with a very lengthy information:

http://www.whatdotheyknow.com/request/d ... led_person

In this very lengthy dialog between Angela Oto and BA, loads of crap is being spoken by BA employees but at the end of it all, these two paragraphs become interesting;

"Paragraph 287(a) allows for leave granted before the "switch" to be amalgamated with the leave as the dependant of a settled person to make up the 2 years."

"After completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, the partner is eligible to apply for indefinite leave to remain under paragraph 287 of the Immigration rules. The leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(d) of the Rules."

You can find this eye opening dialog between Angela Oto and BA employees from the link I included at the top of my message. You may want to read the whole link because it is interesting in the way it shows the competence levels of the people dealing with our life.

Hi Ged,

Totally agree with you, but here is the tricky bit:

Any Tier application does not have spouse category in them, every one else(spouse and children) apart from main application are treated as dependants.

So to bring wife/husband into spouse category they have to apply FLR(M) and then if spent last 2 years(previous leave is also counted) as husband/wife of a person present & settled in the U.K have to apply SET(M).

Previous leave only counted in working category for PBS which leads to ILR after 5 years(does not include Tier 4, unfortunately).

Tier 4 Dependant will have to wait 2 or 5 years on FLR(M) before they can apply for SET(M).

UKBA, good money making rule.

Thanks for the link.

[smshad]

Hi,

HO reply is partially correct. Your wife needs to apply on FLR(M) but new rules will not apply if your wife currently in the UK as a dependant of Tier 1 General or HSMP.

I looked into your email sent to HO and I don't think you clearly mentioned on which category your wife is currently present in the UK. That could be the reason HO advised that new rule will be applicable.

Thank you for your enquiry dated 6th December 2012.

As you have been granted ILR under Long Residence Category, your wife
must switch into the marriage category using FLR(M) application form.


She would also be required to meet the new Immigration Rules applicable
from 9th July 2012.


Yours sincerely,
Immigration Group
UK Border Agency

[Khall75]

Thanks smshad. Yes my wife is on hsmp dependent she got the visa on 25 July 11. Before that she was PSW dependent for 2 years.it means I will do FLR m for her. With no need for english test she already got LIFE IN UK certificate and will not need the £18600 income.

[Ged]

Hi Khall75,
Life in the UK test does not count as an English qualification you can use for FLR(M). It is for ILR only. Why do you think you shouldn't need an English qualification? I think she will need an A1 equivalent English qualification.

[saanju9]

Thanks smshad. Yes my wife is on hsmp dependent she got the visa on 25 July 11. Before that she was PSW dependent for 2 years.it means I will do FLR m for her. With no need for english test she already got LIFE IN UK certificate and will not need the £18600 income.

Nope you don't need £18000 but yes you need an English test. (I am currently going through that pain of educating my Mrs - It would be easier to teach Japanese to a Monkey). Try Trinity school - one of the easiest once. It also has exceptions if ure spouse has a degree in this country or something like that. See FLRm guidelines for full exceptions

Good to see a lot of discussion. Well done guys. Good research.

So, I hope CountryGirl got her answer. Although, I am not sure your children's visa status has been discussed above. I think (this is strictly I think) they are considered as dependents and the same rules apply to them.

xx

[Khall75]

@Ged coz on the home office site they say that u will need B1 test certificate and Life in Uk test certificate together after 13 October 2013.before that I think life in uk test is enough? If I'm not wrong.
Thanks