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10 years long residence applications

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Khall75
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Posts: 57
Joined: Thu Nov 08, 2012 2:48 pm

Spouse visa

Post by Khall75 » Wed Dec 12, 2012 12:26 pm

• this is what the home office says on its website:


From October 2013, all applicants for settlement will be required to pass the
Life in the UK test and present an English language speaking and listening qualification at B1 level or above, unless they are exempt from the requirement to do so. Until October 2013, applicants for settlement, including partners of British citizens and settled persons, will be required to meet the current knowledge of life and language criteria, by passing the Life in the UK test or an English for Speakers of Other Languages (ESOL) course using Citizenship materials.
• The requirements for settlement of a five year probationary period (on a route to settlement), and (from October 2013) to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above, will also be applied to the partners of migrants with a route to settlement under the Points Based System.
• Applicants for settlement currently required to take the Life in the UK test will from October 2013 be required additionally to present an English language speaking and listening qualification at B1 level or above.

Spidery_thread
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Re: Spouse visa

Post by Spidery_thread » Wed Dec 12, 2012 12:35 pm

Khall75 wrote:@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
@Khall75,

If you are granted ILR, your spouse will be eligible to apply for SET(M)-ILR on 24 July 2013. As her time spent as your dependant on T1G counts towards 2 year spouse category(that was issued before 9 July 2012).
25 July 2011 to 24 July 2013 = 2 Years.
A spouse must obtain English certification at min level A1.(KET)
or get exemption from UK Naric on the basis of qualification(or total exemption due to medical or other grounds), if you are a national of a country where English is not a major language.
Information provided is general guidance and does not constitute legal advice.
______________
sPiDeRy_tHrEaD

Ged
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Location: Limbo

Post by Ged » Wed Dec 12, 2012 12:39 pm

This is what I know;
She does not need a LIUK test until applying for ILR, but for FLR she needs a A1 equivalent English qualification.

smshad
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Posts: 105
Joined: Sun Oct 04, 2009 2:48 pm

Child dependant – Born in the UK

Post by smshad » Wed Dec 12, 2012 12:44 pm

Hi everyone,

Someone mentioned about the child in a post below so I thought to share few important things.

If you have a child who was born in the UK and you get ILR then you do not have to apply on FLR (M), it will save you money and time. As soon as one parent gets the ILR in any category and child was born in the UK and is under 18 then child can be registered as British Citizen under form MN1.

There could be a question what if the main applicant's ILR is pending? My friend did not apply for visa extension for the child born in the UK and sent Nationality application soon after he got his ILR. He contacted UKBA before doing this and he was told “we don’t care if your child has a visa or not. Child needs to be in the UK, born in the UK and one parent has ILR”.

But I will be contacting HO to confirm this again.

More information is available at:
http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

Nationality contact email: ukbanationalityenquiries@ukba.gsi.gov.uk

Thanks.

Shad

Khall75
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Re spouse visa

Post by Khall75 » Wed Dec 12, 2012 1:01 pm

Thanks GED and spidery for the clarification. Will do both life in uk and A1. A1 for now(FLR m) and life in uk for ILR as I will apply for her ILR in July 13. It's better to b ready today then tomorrow. Thanks again

Spidery_thread
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Re: Child dependant – Born in the UK

Post by Spidery_thread » Wed Dec 12, 2012 1:25 pm

smshad wrote:Hi everyone,

Someone mentioned about the child in a post below so I thought to share few important things.

If you have a child who was born in the UK and you get ILR then you do not have to apply on FLR (M), it will save you money and time. As soon as one parent gets the ILR in any category and child was born in the UK and is under 18 then child can be registered as British Citizen under form MN1.

There could be a question what if the main applicant's ILR is pending? My friend did not apply for visa extension for the child born in the UK and sent Nationality application soon after he got his ILR. He contacted UKBA before doing this and he was told “we don’t care if your child has a visa or not. Child needs to be in the UK, born in the UK and one parent has ILR”.

But I will be contacting HO to confirm this again.

More information is available at:
http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

Nationality contact email: ukbanationalityenquiries@ukba.gsi.gov.uk

Thanks.

Shad
Hi Shad,

I have personally checked with UKBA that the child must have a legal status in the country before they can be registered as British Citizen.
And must be born & present in the U.K.

Above email is a generic one which sends automatic replies:

Here is the real one;):

furthernationalityen@homeoffice.gsi.gov.uk
Information provided is general guidance and does not constitute legal advice.
______________
sPiDeRy_tHrEaD

smshad
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English lanugauge requiremtn and UK NARIC certificate

Post by smshad » Wed Dec 12, 2012 1:47 pm

Hi everyone,

If someone has got a degree taught in English and equivalent to UK bachelors then you may not need UK NARIC equivalency certificate provided that the degree is available in UKBA Points calculator. This has mentioned on UKBA web site under the link below.

Do not waste money and time sending request to NARIC.

FLR (M) guide page 6 also refers to the link below where more information could be found how to meet English language requirements:

http://www.ukba.homeoffice.gov.uk/visas ... -language/

It is under MORE INFORMATION at the bottom of the page.

smshad
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Posts: 105
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Re: Child dependant – Born in the UK

Post by smshad » Wed Dec 12, 2012 1:56 pm

Hi,
Thanks for your reply. Two people at HO gives two different advise!!!My friend did it his children and got Nationality without any issues but I will sent an email to get written confirmation on both email addresses.

My daughter's visa expires on 11th Feb 2013 and same day six months will be completing for my ILR application. I submitted Biometric on 16th Nov and I am praying that they sent me even a day before six months.

Thanks.
Shad
Spidery_thread wrote:
smshad wrote:Hi everyone,

Someone mentioned about the child in a post below so I thought to share few important things.

If you have a child who was born in the UK and you get ILR then you do not have to apply on FLR (M), it will save you money and time. As soon as one parent gets the ILR in any category and child was born in the UK and is under 18 then child can be registered as British Citizen under form MN1.

There could be a question what if the main applicant's ILR is pending? My friend did not apply for visa extension for the child born in the UK and sent Nationality application soon after he got his ILR. He contacted UKBA before doing this and he was told “we don’t care if your child has a visa or not. Child needs to be in the UK, born in the UK and one parent has ILR”.

But I will be contacting HO to confirm this again.

More information is available at:
http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

Nationality contact email: ukbanationalityenquiries@ukba.gsi.gov.uk

Thanks.

Shad
Hi Shad,

I have personally checked with UKBA that the child must have a legal status in the country before they can be registered as British Citizen.
And must be born & present in the U.K.

Above email is a generic one which sends automatic replies:

Here is the real one;):

furthernationalityen@homeoffice.gsi.gov.uk

sufferhead
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Nigeria

Post by sufferhead » Wed Dec 12, 2012 2:14 pm

Child don't need to have a legal status to get register as a British Citizen if:
!!! He or She was born here.
!!! His under the age of 18.
!!! Either of the parent have ILR irrespective how or when they get it.
!!! Provided the child meet other requirement states the guildiance note .

So the child don't need to be legal provided the above applies. So Smshad the information given to you friend is totally correct. You may like to read 8.1.2 Section 1(3A) below

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
nothing united in United Nation.

smshad
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Joined: Sun Oct 04, 2009 2:48 pm

Post by smshad » Wed Dec 12, 2012 2:23 pm

Hi,
Thanks for your post. I did read the Immigration rules and no where it has mentioned that child should have a valid leave or child should not have overstayed.

I think it depends who at HO gets connected or reply our queries. So I will wait and share what advise HO will give me.

Thanks.
Shad.
sufferhead wrote:Child don't need to have a legal status to get register as a British Citizen if:
!!! He or She was born here.
!!! His under the age of 18.
!!! Either of the parent have ILR irrespective how or when they get it.
!!! Provided the child meet other requirement states the guildiance note .

So the child don't need to be legal provided the above applies. So Smshad the information given to you friend is totally correct. You may like to read 8.1.2 Section 1(3A) below

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

alex2008
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Joined: Wed Dec 12, 2012 4:34 pm

please advise

Post by alex2008 » Wed Dec 12, 2012 5:39 pm

Hi guys,

I sent application for ILR(10 years) last month (November).
I am currently on Tier 4 student visa which is valid until September 2013.

Now my school said they will not continue to offer the course I am doing in this school for 1.5 year. They told me to change to another course.

( Under Tier 4 rule, if i change course in the same school, I don't need to inform home office.
But if i want to continue to do the course currently i am doing, i have to change school which require to applied new student visa. But I have already made ILR application, this option is not possible.)

My question is :

1. Will changing to another course in same school affect my ILR application?

2. Do I still need to enroll and attend full time course while waiting for ILR? (I could do my course in different school when i get ILR)

3. What is my visa status now? As I already made ILR application, my Tier 4 student visa still valid?


Your advice will be highly appreciate.

Regards,

smshad
Member
Posts: 105
Joined: Sun Oct 04, 2009 2:48 pm

Re: please advise

Post by smshad » Wed Dec 12, 2012 8:35 pm

Hi,

It is a very basic and known rule that until an application is decided the existing immigration status continues, which means that you will have to follow all rules related to your current status.

I have seen in some visa application forms a question about any other applications have been made. It means two separate applications for two separate categories could be made.

If you change the college there are chances that HO will ask you to apply for another student visa while your ILR application is in process.

To be on the safe side call or write to Home Office to seek advise or if you want to avoid this risky thing don't change your college.

Thanks.
Shad.
alex2008 wrote:Hi guys,

I sent application for ILR(10 years) last month (November).
I am currently on Tier 4 student visa which is valid until September 2013.

Now my school said they will not continue to offer the course I am doing in this school for 1.5 year. They told me to change to another course.

( Under Tier 4 rule, if i change course in the same school, I don't need to inform home office.
But if i want to continue to do the course currently i am doing, i have to change school which require to applied new student visa. But I have already made ILR application, this option is not possible.)

My question is :

1. Will changing to another course in same school affect my ILR application?

2. Do I still need to enroll and attend full time course while waiting for ILR? (I could do my course in different school when i get ILR)

3. What is my visa status now? As I already made ILR application, my Tier 4 student visa still valid?


Your advice will be highly appreciate.

Regards,

countrygirl
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Joined: Sun Dec 09, 2012 12:58 pm

Post by countrygirl » Wed Dec 12, 2012 9:41 pm

Ged ,Smshad, Spidery_thread,, saanju9, sufferhead, Khall75

You all have a very good discussion and research on the issue that I had raised and needed answer. From your good work it’s concluded that:

1. Any one issued with a dependant Tier1 (G) visa before 9th July shall switch to FLR once the sponsor gets his/her ILR through 10 years basis. Once the dependant gets the FLR, he/she can apply next day for ILR provided he/she has already completed 2 years as a Tier1 (G) dependant.

2. The same dependant doses not need to meet the financial requirement of £18600, introduced after 9th July, though he/she need to show maintenance when applying for FLR

3. He /she must need to meet the English language requirement of minimum A1 level for FLR.

4. Children born in the UK can be registered as British citizen irrespective of their immigration status as soon as either of the parents gets ILR.

Please correct me if I have wrongly understood. Keep up your good work. Thanks all.

Damanisshallo
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Post by Damanisshallo » Wed Dec 12, 2012 11:03 pm

You are right.
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Jongo
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Ackowledgement letter not yet received after seven weeks

Post by Jongo » Thu Dec 13, 2012 10:14 am

Hi I applied for ILR on long residence basis, after completing my three years but have not got my acknowledgement letter yet.Posted my application on 18 received by HO on 19 oct 2012, then money removed on 22/10/2012 but have not received my acknowlgement letter yet any advise plse

Sarabjeet
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Posts: 2
Joined: Sun Jan 29, 2012 7:49 pm

ILR - 10 years

Post by Sarabjeet » Thu Dec 13, 2012 10:29 am

Hello All,

Finally some good news. Got confirmation from my local MP on a letter that i have been granted ILR and the passport is in post.

6th June Applied: ILR 10 years rule ( Dependant wife at the same on FLR(m))
Boimetric letter receieved: 5th Aug 2012
Biometric Done: 10th Aug 2012
Contacted MP: 6th December 2012
13/12/12: Confirmation received from House of Commons - Granted ILR :-)

Still waiting for Passport and no news on Wife's application.

Spidery_thread
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Re: Ackowledgement letter not yet received after seven weeks

Post by Spidery_thread » Thu Dec 13, 2012 10:34 am

Jongo wrote:Hi I applied for ILR on long residence basis, after completing my three years but have not got my acknowledgement letter yet.Posted my application on 18 received by HO on 19 oct 2012, then money removed on 22/10/2012 but have not received my acknowlgement letter yet any advise plse
@Jongo,

If the money is taken out from your account then its a confirmation by itself,
acknowledgement can take from 1-12 weeks to arrive.
Information provided is general guidance and does not constitute legal advice.
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Ged
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Location: Limbo

Post by Ged » Thu Dec 13, 2012 11:17 am

Congrats Sarabjeet,

You made a FLR application for your wife at the same time as you were applying for yourself. Did your wife's application proceed while your application was being considered? For example did they get her biometric as well or does it look like it has been waiting untouched for your application to be resolved first?

I am trying to figure out if it is worth sending my wife's FLR application since it looks unlikely that I will get my ILR soon enough for her to get a PEO appointment after my ILR.

According to your experience is there any point in sending the FLR application sooner, while she still has some leave?

dd202
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ILR Granted!!! :)

Post by dd202 » Thu Dec 13, 2012 11:24 am

Dear All, I have some good news to share, I have had my ILR granted. Received my Biometric Residence Permit (BRP) today by post. Documents still waiting to receive. Took the UKBA roughly 3 months to process my application which is really unusual, I was expecting to wait longer! I wish everyone best of luck & hope you all get your ILR soon.

My timeline:
Application sent: 14/09/2012
Payment: Banker's Draft
Acknowledgment received: 03/10/2012
Biometric Invitation dated: 14/11/2012
Biometric Given on: 16/11/2012
ILR Stamped on: 10/12/2012
BRP received on: 13/12/2012

Damanisshallo
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Changes in effect from 13/12/12

Post by Damanisshallo » Thu Dec 13, 2012 11:28 am

Wonder why do they say SET(O) form is changed (Click Here)from today and still shows the Old formon the UKBA'a Website.
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Ged
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Post by Ged » Thu Dec 13, 2012 11:30 am

DD202
Well done,
Did you bribe BA to get it so quickly?

Damanisshallo
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Post by Damanisshallo » Thu Dec 13, 2012 11:32 am

Ged wrote: Did you bribe BA to get it so quickly?
This
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Hyper-PK
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Re: ILR Granted!!! :)

Post by Hyper-PK » Thu Dec 13, 2012 11:32 am

dd202 wrote:Dear All, I have some good news to share, I have had my ILR granted. Received my Biometric Residence Permit (BRP) today by post. Documents still waiting to receive. Took the UKBA roughly 3 months to process my application which is really unusual, I was expecting to wait longer! I wish everyone best of luck & hope you all get your ILR soon.

My timeline:
Application sent: 14/09/2012
Payment: Banker's Draft
Acknowledgment received: 03/10/2012
Biometric Invitation dated: 14/11/2012
Biometric Given on: 16/11/2012
ILR Stamped on: 10/12/2012
BRP received on: 13/12/2012
Hi Wow.....that’s Good Shocking News.......What a Luck you have mate. Many Congratulations.
Here I am still wating since Aug.

Jongo
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Waiting for acknowledgement letter

Post by Jongo » Thu Dec 13, 2012 11:36 am

Thx spidery for the reply.


Could some one advise me on this,I used the old form O,when applying back then for settlement and not ILR because had not done the life in uk test,was granted with three years DLR.I did my life in uk test and applied for ILR.will this have aconnection with my last settlement as according to the new form that option is nolonger given.thnks

TRMs
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Post by TRMs » Thu Dec 13, 2012 11:36 am

dd202, congratulations!! What was your situation and what information/documents did you send them in addition to what they ask for on the forms? ...or did you bribe them as Ged suggested :-)?

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