10 years long residence applications

[saanju9]

Nadeem Thoreed, Daminishallo, khall


Hi guys

I personally called the UKBA. to ask the same question about my wife's FLR(M) and settlement thereafter.

The first reply I got was that They shouldn't advise me with regards to any of the immigration and their advise is to speak to a solicitor who deals with immigration.

So I rephrased the question for the lady on the other side.
This time I asked her what would the immigration law says when the situation is that my wife came here as a PBS dependent on me before 9th July 2012 and my application for ILR 10yrs is with UKBA pending decision

Her answer was that my wife should travel back to the home country before her visa expires and apply for a fresh visa under the new rules once a decision was made on my ILR. then she took a gasp and said "although there are other means which many people do - which is post the FLR (m) but that is your call to take the risk" (the risk being rejection of my ILR).

Then I asked her - "imagine that I got my ILR before the expiry of my wife's visa, and now tell me which rules will apply for her FLR(M) and settlement thereafter".

She said, without a second thought and me not finishing the sentence completely "the New Rules after 9th July 2012"

then I asked her to look at chapter 8 and 3.4 which states exactly opposite.

she put me on hold for another 5 mins and came back to me and said "the old rules will apply"

I personally think that they have instructions to advice the callers to send them back to their country or I don't know. I really felt something fishy. All her replies seemed to get rid of me and most of them are completely worng.


Saanju

[Khall75]

@nadeem toheed
Sent: 18 December 2012 13:01
To: IND Public Enquiries
Subject: Re: Spouse visa

Thank you ••••
Yes my wife was granted PBS tier 1G dependent visa on the 25th July 2011 and before she was on PSW dependent. One more question and sorry to bother you.
Is it compulsory to change her visa to FLR m before she completes her 2 years probation period as that will be up on 25 July 2013, or can I wait till July and apply for her ILR. As some one told me after my ILR her PBS dependent visa will be irrelevant and she will have to apply for FLR m as soon as possible.
Your guidance will be highly appreciated.

Thanks


Sent from my idiot-phone

On 18 Dec 2012, at 12:51, "IND Public Enquiries" <UKBApublicenquiries@UKBA.gsi.gov.uk> wrote:
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[saanju9]

What makes me wonder is, How could there be applications under 14 Yrs LR rule in the months Aug, Sep, Oct & Nov 2012. Are these applications waiting only to be rejected? What application forms did they used (Hope not custom made). How did UKBA entered these applications on to their database under 14 Yr LR????????? Can't be bothered to find answers for these questions.

However, a person granted an extension of stay following an application made before 9 July 2012 can still be considered under the rules in force before that date. This means a person granted leave to remain on the basis of 14 years residence in the UK can still be granted ILR once the requirements are met.

I found this on

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

so those applications could have been them with extension and what makes my point stronger is the numbers. they are very low

S

[Khall75]

@ Nadeem Toheed here is the final one from HO
Thank you for your enquiry dated 12th December 2012.

Before we can assist you any further, you will need to provide the following information.

What visa does your wife currently hold to be in the UK?

If your wife is currently in the UK with leave as a PBS dependant, she will be required to switch to the category of partner using the FLR(M) application form.

Under the transitional arrangements, the old rules (those in place prior to 9 July 2012) continue to apply to those dependants who were granted leave to enter or remain in the UK before 9 July 2012. Therefore, if your wife has been granted leave to remain as a PBS dependant before 9 July 2012, she can apply to switch to the category of partner using the FLR(M) application form, meeting only the rules and criteria that was in place prior to 9 July 2012. This would mean that she is not required to meet the financial requirement.

If your wife's FLR(M) application is successful, she can apply for ILR under the provisions of paragraph 287(a) of the Rules after she has completed the 2 years probationary period. Paragraph 287(a)(i)(d) allows for leave completed as a PBS Dependant to be amalgamated with leave as the partner of a settled person.

More simply, this means that your wife can combine her time spent in the UK as a PBS Dependant with leave to remain granted under FLR(M). As soon as she has completed a continuous period of 2 years under a combination of both categories, she can apply for settlement. She may be eligible to apply for ILR immediately after she is granted FLR(M). She will apply for ILR using application form SET(M).

Detailed guidance and information can be found at the following link to the UKBA website, paying particular attention to Transitional Arrangements;

[Khall75]

In going to apply for my wife FLR M next week keeping the information mentioned in the e-mail by the HO. Fingers cross

[specy_99]

This thread is now becoming more about FLRM than SET0 long residence!

[stoorrey]

@Khall75

Can you please tell me which email address did you use to send your query to UKBA? How long did it take to receive the reply from them?
Thanks

[Khall75]

@Stoorrey

UKBApublicenquiries@UKBA.gsi.gov.uk
Its the address I used to enquire. It takes about 10-14 days to get back to u and some time can be sooner then that.
Best of luck

[OttoMattik]

Well, after a long and painful wait of over 10.5 months... I finally received my BRP earlier today, after getting my passport and other documents back in the post last week. Updated timeline below, for reference purposes.

Now to get my wife's FLR(M) application sorted ....

Application Sent: 08/03/2012
Application Received: 09/03/2012
Confirmation Letter dated: 13/03/2012
Confirmation Letter received: 17/03/2012
Biometric Letter received: 17/08/2012
Biometric information submitted: 20/08/2012
ILR Granted: 16/01/2013
Passport received: 18/01/2013
BRP received: 25/01/2013

[Hyper-PK]

Hi everyone..!
Seems someone has deleted or meshed with the data in the spread sheet, /. Has anyone got the master copy of the spread sheet so that can be restored to the original facts.
Thanks

[Damanisshallo]

Hi everyone..!
Seems someone has deleted or meshed with the data in the spread sheet, /. Has anyone got the master copy of the spread sheet so that can be restored to the original facts.
Thanks

Sorted!

[Hyper-PK]

Hi everyone..!
Seems someone has deleted or meshed with the data in the spread sheet, /. Has anyone got the master copy of the spread sheet so that can be restored to the original facts.
Thanks

Sorted!

Many thanks,,,Looks better now

[specy_99]

Hello all,

Just a question:

I didnt sent any special delivery pre paid package to HO. Does this mean they will send (whenever that day will come..Im waiting impatienty) my documents by standard post???

Is it through royal mail or a private courier service??

[saanju9]

This thread is now becoming more about FLRM than SET0 long residence!

yeah but they are ILR 10yr long residency dependents. so I think it is related to this thread

Hello all,

Just a question:

I didnt sent any special delivery pre paid package to HO. Does this mean they will send (whenever that day will come..Im waiting impatienty) my documents by standard post???

Is it through royal mail or a private courier service??

Royal Mail standard mate

S

[saanju9]

hi Guys

One more question

what happens if a dependent applies for an FLR(M) through post and finishes his/her prohibition period of 2 yrs (being a PBS Dependent previously) for SET(M), and not yet decided on FLR(M). Provided the main applicant is granted ILR on 10yrs basis in the mean time, can she/ he withdraw the FLR(M) / switch their application to SET(M).

I know someone in this forum made an FLR (M) application and switched it later on to SET(O) once they finished 10yrs.

Is that possible for dependents in the scenario explained above

any immigration law any of you came across


S

[Damanisshallo]

what happens if a dependent applies for an FLR(M) through post and finishes his/her prohibition period of 2 yrs (being a PBS Dependent) for SET(M), and not yet decided on FLR(M). Provided the main applicant is granted ILR in the mean time, can she/ he withdraw the FLR(M) / switch their application to SET(M).

No She'll have to wait for her FLR(M) to be granted and then apply using SET(M) the very next day.

it appears that PBS dependants where PBS migrant has received settlement under long residence will continue to need to switch to FLR(M) in order to apply for settlement as and when they become eligible.

the PBS migrant obtained ILR under the long residency provisions. Therefore, their partner would not be eligible to apply for ILR under paragraph 319E and would need to apply to "switch" and submit form FLR(M) for further leave to remain.

They can use SET(O) only if the below scenario applies.
Dependant eligible for settlement under long residence on their own merit: If a dependant qualifies for settlement under long residence on his own merit before expiry of current leave, then also there is no need to switch to FLR(M).

[kebl303]

[quote="OttoMattik"]Well, after a long and painful wait of over 10.5 months... I finally received my BRP earlier today, [/quote]


Hi OttoMattik,
Congrats and all the best wishes. If I could, I would definitely give you a medal for enduring 10.5 months of torture.

K.

[kebl303]

[quote="specy_99"]This thread is now becoming more about FLRM than SET0 long residence![/quote]



specy_99 makes a good point, which has also been previously pointed out by the immensely resourceful Damanisshallo, page 240.

K.

[nadeem toheed]

Hello Khall75 ,Sanju , Dammanisshallo,
I'd like healthy debate on the topic as i called the immigration solicitor today about spouse visa rules, solicitor says " this is a grey area in immigration rules " as it is entirely depends on the case worker ability and experience and after the decision if any case comes in genitive , case might fight in court.
As everyone got their own scenario with this rules because one of my friend had applied four month back as 10 years long residency and he got student status for the last ten years, his solicitor says as he is student and by law, student can not work more than 20 hours so no need for 18600 for financial requirements and he got dependent since march 2005 on student dependent.
but I'll try to confirm it with other strong sources.

Share your views as well if you like some please
Thanks

[Hwima]

To Whomsoever it may concern

Could you please make sure, you post your queries regarding FLR(M) in this topic rather than here. As many people look for help in relevant forums and your precious input might not reach to large and vice versa. Also [url=http:www.immigrationboards.com/viewtopic.php?t=75081]reading this[/url] might help you in future.

Totally agree with Damanisshallo and specy_99 here.I called UK BA on Tuesday.it feels like a pointless exercise calling. Only benefit is I won't be looking out for the postman the following 2-3 days. Total mess, I hope they won't expedite those unraveled cases at our expense.

[nadeem toheed]

Well, after a long and painful wait of over 10.5 months... I finally received my BRP earlier today, after getting my passport and other documents back in the post last week. Updated timeline below, for reference purposes.

Now to get my wife's FLR(M) application sorted ....

Application Sent: 08/03/2012
Application Received: 09/03/2012
Confirmation Letter dated: 13/03/2012
Confirmation Letter received: 17/03/2012
Biometric Letter received: 17/08/2012
Biometric information submitted: 20/08/2012
ILR Granted: 16/01/2013
Passport received: 18/01/2013
BRP received: 25/01/2013

Hey ottomatik,
Congratulation first and let us share about your application case,
What do you think why did it take so long, i mean any conviction or missing stamp on passport ....... or something like more you think
Share your views please and enjoy rest of the time , Good luck for your wife application
Thanks

[JoILR]

Hi all,

I've received the biometric invite today (letter dated 22 Jan 2013) . I'm going to enroll it first thing tomorrow morning.

[nadeem toheed]

Hi all,

I've received the biometric invite today (letter dated 22 Jan 2013) . I'm going to enroll it first thing tomorrow morning.

Hey JoILR
Many Congratulations
Im on the same boat as i submit my application on 10th Dec 2012 and received acknowledgement 17th of Dec 2012 so i am positive too about my bio soon
Take care

[shahab99]

Hi I have applied for ILR on 10 years long term basis and my wife and daughter have a visa of Tier4 dependent till end of April. If I get my ILR when I apply for my wife on FLRM do I need to show the maintainance allowance. How much and for how long.

Thanks

[Damanisshallo]

I apply for my wife on FLRM do I need to show the maintainance allowance. How much and for how long.

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