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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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Arulsan
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Post by Arulsan » Sat Dec 22, 2012 7:15 pm

Thank you Spidery_thread. I realy appriciate your service as we are getting all these problems sorted and for free of charge.
I will double check before I post my application if it has corrected. Otherwise I will use the current form assuming there is nothing wrong in my side.
Also I would like to clear two more doubts as follows,
Page 17, Section 7:
7.11. How long have you lived in the UK?
By the date of application it will be 9 years and 11 months as I am applying 28 days prior to my 10 years completion (I have 3 more months after 10 years completion). Should I put 9 years and 11 months, or 10 years?

Page 18, Section 7:
7.12. Please state what ties you have with;
• The country where you were born
• Any other country whose nationality you hold
• Any country where you have lived for more than 5 years
For the 3rd point, do I need to include UK as I have lived here more than 5 years?

Thank you.

Damanisshallo
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Post by Damanisshallo » Sat Dec 22, 2012 7:28 pm

Arulsan wrote:Also I would like to clear two more doubts as follows,
Page 17, Section 7:
7.11. How long have you lived in the UK?
By the date of application it will be 9 years and 11 months as I am applying 28 days prior to my 10 years completion (I have 3 more months after 10 years completion). Should I put 9 years and 11 months, or 10 years?

Page 18, Section 7:
7.12. Please state what ties you have with;
• The country where you were born
• Any other country whose nationality you hold
• Any country where you have lived for more than 5 years
For the 3rd point, do I need to include UK as I have lived here more than 5 years?

Thank you.
Just be honest and write 9yrs & 11 Months as this would be the right answer when you sign your declaration on the form.

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Spidery_thread
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Post by Spidery_thread » Sat Dec 22, 2012 7:32 pm

@ Arulsan,

1) 9 Years & 11 Months(7.11)

2) Family ties(Parents), no need to mention UK as its asking "any other country", (7.18 )
Information provided is general guidance and does not constitute legal advice.
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Damanisshallo
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Post by Damanisshallo » Sat Dec 22, 2012 8:13 pm

Arulsan wrote:7.12. Please state what ties you have with;
• The country where you were born
• Any other country whose nationality you hold
• Any country where you have lived for more than 5 years
For the 3rd point, do I need to include UK as I have lived here more than 5 years?
Mind you but this question was recently added and What made me think to include UK is the below.
The family life a person has in the UK must be taken into account in assessing the strength of their connections to the UK. This may be particularly strong if they are married to or have established a similar relationship with a settled person. The person may have other close relatives settled in the UK. The strength and closeness of the relationship will determine how strong a factor this may be. Similarly, if a person's close relatives are not in the UK, this may call into question the strength of the person's connection to the UK.
Read more... look for page 43.
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Spidery_thread
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Post by Spidery_thread » Sat Dec 22, 2012 8:30 pm

Damanisshallo wrote:
Arulsan wrote:7.12. Please state what ties you have with;
• The country where you were born
• Any other country whose nationality you hold
• Any country where you have lived for more than 5 years
For the 3rd point, do I need to include UK as I have lived here more than 5 years?
Mind you but this question was recently added and What made me think to include UK is the below.
The family life a person has in the UK must be taken into account in assessing the strength of their connections to the UK. This may be particularly strong if they are married to or have established a similar relationship with a settled person. The person may have other close relatives settled in the UK. The strength and closeness of the relationship will determine how strong a factor this may be. Similarly, if a person's close relatives are not in the UK, this may call into question the strength of the person's connection to the UK.
Read more... look for page 43.


It is automatically understood that a person has lived more than five years(10 years) in the UK on which this application is based.

People without having any of the factors mentioned in page '43' of LR policy and law still get ILR based on LR.
Information provided is general guidance and does not constitute legal advice.
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Damanisshallo
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Post by Damanisshallo » Sat Dec 22, 2012 8:55 pm

There should've been a reason behind addition of this question. i know someone who is fighting against the HO just because his partner was and is in his home country for all of his stay here and he is unable to prove his connections to UK. I agree, not most but some of them might've no one in the UK but why not mention it, when you have one. Sometimes it is beneficial to stay insane, You've got nothing to lose. Again I stress on this, "Its purely my personal opinion and nothing more". I rest my case!
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Spidery_thread
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Post by Spidery_thread » Sat Dec 22, 2012 9:04 pm

Damanisshallo wrote:There should've been a reason behind addition of this question. i know someone who is fighting against the HO just because his partner was and is in his home country for all of his stay here and he is unable to prove his connections to UK. I agree, not most but some of them might've no one in the UK but why not mention it, when you have one. Sometimes it is beneficial to stay insane, You've got nothing to lose. Again I stress on this, "Its purely my personal opinion and nothing more". I rest my case!
I believe that it is a startline base of future questions, to refuse LR on the balance of probabilities.

'if some one lived 25 years in home country and further 10years in the UK, the balance of the equation falls in the home country'.

Again its my personal opinion and assumption.

See you guys, have faith in Allah.
Information provided is general guidance and does not constitute legal advice.
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Arulsan
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Post by Arulsan » Sat Dec 22, 2012 11:09 pm

Thank you Spidery_thread, and Damanisshallo for your analysed results. For me I think based on both of your analysis it is better to write both my home country and UK as I do not loose anything writing them. Hope you both will write more in comming days about your new thoughts and ideas. It does help me and others who are going to apply soon.

naqeeb
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Re: query

Post by naqeeb » Sun Dec 23, 2012 9:42 am

thanks
Damanisshallo wrote:
naqeeb wrote:do we have to send a self addressed special delivery envelope along with application ???.
It's not mandatory. Completely your choice, only helps you trace your item?

Khall75
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ILR,spouse flrm or ILR.

Post by Khall75 » Sun Dec 23, 2012 1:38 pm

@Spidery I'm waiting for my ILR for over 7 months now. Question is once I get my ILR is it compulsory to change my wife visa to FLR m as she will complete her probation of 2 years in July 2013. Should I do it straight away or I got an option to delay her application till July and the apply for her ILR. Instead of doing to applications in couple of months. she is on pbs tier1 G. Dependent. As some are of the opinion that once I get ILR her visa is void and I have to apply for her FLR m with in 28 days. We hav no plan of traveling abroad. What should I do? Help will be highly appreciated.

Jongo
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Post by Jongo » Sun Dec 23, 2012 2:18 pm

Hi, got my bio letter dated 10/Dec but no acknowledgement letter,applied on 19
19/Oct, money taken on 22/Oct. Hope everything will be fine

Damanisshallo
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Re: ILR,spouse flrm or ILR.

Post by Damanisshallo » Sun Dec 23, 2012 3:04 pm

Khall75 wrote:@Spidery I'm waiting for my ILR for over 7 months now. Question is once I get my ILR is it compulsory to change my wife visa to FLR m as she will complete her probation of 2 years in July 2013. Should I do it straight away or I got an option to delay her application till July and the apply for her ILR. Instead of doing to applications in couple of months. she is on pbs tier1 G. Dependent. As some are of the opinion that once I get ILR her visa is void and I have to apply for her FLR m with in 28 days. We hav no plan of traveling abroad. What should I do? Help will be highly appreciated.
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Jongo
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Post by Jongo » Sun Dec 23, 2012 3:55 pm

Hi, got my bio letter dated 10/Dec but no acknowledgement letter,applied on 19
19/Oct, money taken on 22/Oct. Hope everything will be fine,

Secondly I wish to share this, cos have been reading that one can work full time provided
U applied for ILR, ACCORDING to home letter say the previous working status prior your current application will prevail during the progression of yr application

Damanisshallo
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Post by Damanisshallo » Sun Dec 23, 2012 4:05 pm

Jongo wrote:Hi, got my bio letter dated 10/Dec but no acknowledgement letter,applied on 19
19/Oct, money taken on 22/Oct. Hope everything will be fine,

Secondly I wish to share this, cos have been reading that one can work full time provided
U applied for ILR, ACCORDING to home letter say the previous working status prior your current application will prevail during the progression of yr application
Did you enrolled your bio? If so when?

You can only work full time if your previous visa allowed you to do so.
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so.
Refer FAO
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Jongo
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Post by Jongo » Sun Dec 23, 2012 4:47 pm

Not yet have been busy but will do it soon

Damanisshallo
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Post by Damanisshallo » Sun Dec 23, 2012 5:10 pm

Jongo wrote:Not yet have been busy but will do it soon
UKBA wrote:As volumes of applications being received fluctuate this can cause delays in applications being input onto our electronic database and subsequently the issuing of biometric enrolment letters.

With all biometric applications the processing time starts from the date that a successful biometric enrolment appointment is attended, as the case cannot be fully considered without this information.

There is a 2 day time span between the biometric information being captured and this information being applied to our electronic records, however this does not extend the processing time.

Applications are considered in date order following the completion of a successful biometric enrolment appointment.
Not many of us agree with the above statement but why take chances. My suggestion is try to enrol ASAP. If I am not wrong there is a time limit (15 working days) on this biometric invitation letter. Just see if you are not running out of the time limit.

Courtesy whatdotheyknow.com
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dipmm2000d
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Post by dipmm2000d » Sun Dec 23, 2012 6:04 pm

Getting worried as most of my similar timeline applicants got bio invite, applied on 16 oct n my case is straight forward no gap no refusal always applied before visa finished.
Is there anything i should consider to do ?

Damanisshallo
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Re: Need a help with 10 years visa and Dependants

Post by Damanisshallo » Sun Dec 23, 2012 6:39 pm

xpert2013 wrote:Thanks for quick reply . However I couldn't get how she will get ILR without switching to spouse visa ?
Sorry I thought you got your ILR through TIER 1. Your wife needs to switch to FLR(M) as per this post
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Damanisshallo
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Post by Damanisshallo » Sun Dec 23, 2012 6:45 pm

dipmm2000d wrote:Getting worried as most of my similar timeline applicants got bio invite, applied on 16 oct n my case is straight forward no gap no refusal always applied before visa finished.
Is there anything i should consider to do ?
I wouldn't say this would work 100% but people who had similar problem have tried this and succeeded (including my wife). Why not give a go...
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Spidery_thread
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Re: ILR,spouse flrm or ILR.

Post by Spidery_thread » Sun Dec 23, 2012 6:46 pm

Khall75 wrote:@Spidery I'm waiting for my ILR for over 7 months now. Question is once I get my ILR is it compulsory to change my wife visa to FLR m as she will complete her probation of 2 years in July 2013. Should I do it straight away or I got an option to delay her application till July and the apply for her ILR. Instead of doing to applications in couple of months. she is on pbs tier1 G. Dependent. As some are of the opinion that once I get ILR her visa is void and I have to apply for her FLR m with in 28 days. We hav no plan of traveling abroad. What should I do? Help will be highly appreciated.
Dear All,

I am highlighting a serious point here:

People who are/were on WP/HSMP/T1G, instead of completing 5 year route on working categories they choose to apply ILR on the basis of LR(10 years legal stay, which is completed first).

As they have applied under 10year LR route, upon approval their working category visa cease to exist, this is also because the ILR application was not based on 5 year economic route.

They must switch their spouses and dependants as soon as possible(ideally within 28 days), as the visa(principal migrant) on which they were dependants, no longer exists. Therefore dependants visa automatically cease to continue.

I'll advise any one who is in this situation to confirm with HO as there is no clear answer to this query.

What Damanisshallo referred to is:
"This topic for dependants of economic migrants where the economic migrant is applying for / has applied for / has been granted settlement under the economic (HSMP / WP / Tier 1 General / Tier 2) route".

If you switch category the whole scenario changes.
Information provided is general guidance and does not constitute legal advice.
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Damanisshallo
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Post by Damanisshallo » Sun Dec 23, 2012 6:56 pm

I agree with spidery thread. For anyone who is opting for 10yr rule, please look for further information here
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amjadleeds
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English test requirement for FLR(M)

Post by amjadleeds » Tue Dec 25, 2012 1:25 am

Hi every one, my application for ILR under process under 10 years rule, I haven't apply for visa extension of my wife, Her visa going to expire in April, she already spend four years on Tier1 spouse visa. I am looking to apply in March, under FLR(M) which english test requirement for spouse visa.

Your advice will be highly appreciate.

Regards

Amjad from leeds

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Re: English test requirement for FLR(M)

Post by Damanisshallo » Tue Dec 25, 2012 2:47 am

amjadleeds wrote:Under FLR(M) which english test requirement for spouse visa
UKBA wrote:What level is the test?
The test is at Level A1 of the Common European Framework of Reference (CEFR) speaking and listening, which is a basic level.
Reference

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saanju9
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Re: English test requirement for FLR(M)

Post by saanju9 » Tue Dec 25, 2012 11:09 am

amjadleeds wrote:Hi every one, my application for ILR under process under 10 years rule, I haven't apply for visa extension of my wife, Her visa going to expire in April, she already spend four years on Tier1 spouse visa. I am looking to apply in March, under FLR(M) which english test requirement for spouse visa.

Your advice will be highly appreciate.

Regards

Amjad from leeds
If your wife has a degree or Pg from here that will exempt her from taking the test. Or even if she had a degree from anywhere else which qualifies for the exemption. please see the FLR(M) guidlines

If has to take a test then I would recommend the Trinity College Grade 2 exam. Its a piece of cake.

goodluck

s

amjadleeds
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Re: English test requirement for FLR(M)

Post by amjadleeds » Thu Dec 27, 2012 12:07 am

saanju9 wrote:
amjadleeds wrote:Hi every one, my application for ILR under process under 10 years rule, I haven't apply for visa extension of my wife, Her visa going to expire in April, she already spend four years on Tier1 spouse visa. I am looking to apply in March, under FLR(M) which english test requirement for spouse visa.

Your advice will be highly appreciate.

Regards

Amjad from leeds
If your wife has a degree or Pg from here that will exempt her from taking the test. Or even if she had a degree from anywhere else which qualifies for the exemption. please see the FLR(M) guidlines

If has to take a test then I would recommend the Trinity College Grade 2 exam. Its a piece of cake.

goodluck

s
Thank for nice advice I will book trinity college in manchester then. regards
amjad

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