OLD FLR(M) waiting times Thread

[mishfitt]

My husband just phoned to say our documents are back but i couldnt make sense of what he was saying the letter said.

He said we were refused under the old rules, even though we applied on 7 Sept with the correct app. but the letter goes on to say that they have endorsed our BRP anyway and have 30 months leave to remain..

Can someone posisbly clarify that if they have experienced it?

obviously i am too excited to wait to get home

[mishfitt]

My husband just phoned to say our documents are back but i couldnt make sense of what he was saying the letter said.

He said we were refused under the old rules, even though we applied on 7 Sept with the correct app. but the letter goes on to say that they have endorsed our BRP anyway and have 30 months leave to remain..

Can someone posisbly clarify that if they have experienced it?

obviously i am too excited to wait to get home

Anyway i THINK im all approved:

Date Applied for FLR(M): 7 Sept 2012
Date Rec. Ack. Letter: 14 September 2012
Date Rec. Biometric Letter: 1 December 2012
Date Biometrics Appt: 5 December 2012
Date Passport & Docs returned: 5 march 2013
BRP: waiting…

[Damanisshallo]

even though we applied on 7 Sept with the correct app.

Is this the first time you've applied under this category? If so they are right. However, I suspect you might've filled in the wrong section (Which relates to Pre-9 July applicants) hence they've mentioned that you've refused under old rules and the good thing is they've still approved yourselves under new rules.

UKBA are like loose springs they can jump which ever way they want.

[mishfitt]

even though we applied on 7 Sept with the correct app.

Is this the first time you've applied under this category? If so they are right. However, I suspect you might've filled in the wrong section (Which relates to Pre-9 July applicants) hence they've mentioned that you've refused under old rules and the good thing is they've still approved yourselves under new rules.

UKBA are like loose springs they can jump which ever way they want.

yep first timers, pretty confident we did it all correctly, but who knows. at least we are approved from the sounds of it. going to have a long look at the letter tonight and probably a long glass of wine to celebrate!

[Xiaozhu]

Hi all

Just wanted to let you know that the UKBA told me today that our documents were posted to us yesterday and should be with us by tomorrow, and also DX left a card in the letterbox for my husband meaning that they tried to deliver his BRP and which in turn means that he has been granted his visa.

It's as if a dark cloud has been lifted from over our heads. This whole thing has been a horrible nightmare and I am so glad it's over for us and that the UKBA seem to have finally started to get their act together and other peoples' visa are coming through thick and fast.

Thank you to all who have given us support over the last few months, this forum really has been helpful.

Wishing you all very speedy visas now and in future!

Xiaozhu

[Xiaozhu]

@ diesel d I called 08706067766 then option 4 & sub option 2 then it might take upto twenty minutes before they pick

Keep pressing 9 and you will get through eventually.

[DieselD]

Hi all

Just wanted to let you know that the UKBA told me today that our documents were posted to us yesterday and should be with us by tomorrow, and also DX left a card in the letterbox for my husband meaning that they tried to deliver his BRP and which in turn means that he has been granted his visa.

It's as if a dark cloud has been lifted from over our heads. This whole thing has been a horrible nightmare and I am so glad it's over for us and that the UKBA seem to have finally started to get their act together and other peoples' visa are coming through thick and fast.

Thank you to all who have given us support over the last few months, this forum really has been helpful.

Wishing you all very speedy visas now and in future!

Xiaozhu

I did get through and they said not yet completed. So disappointing news for me. Feel disgruntled with the whole thing now as I had set my sights on 6 months. Seems many are getting theirs back. Congratulations to all who have received theirs back.

[DieselD]

My husband just phoned to say our documents are back but i couldnt make sense of what he was saying the letter said.

He said we were refused under the old rules, even though we applied on 7 Sept with the correct app. but the letter goes on to say that they have endorsed our BRP anyway and have 30 months leave to remain..

Can someone posisbly clarify that if they have experienced it?

obviously i am too excited to wait to get home

Anyway i THINK im all approved:

Date Applied for FLR(M): 7 Sept 2012
Date Rec. Ack. Letter: 14 September 2012
Date Rec. Biometric Letter: 1 December 2012
Date Biometrics Appt: 5 December 2012
Date Passport & Docs returned: 5 march 2013
BRP: waiting…

I have a simular timeline to you, I was assuming that since I had been granted my fiance visa in March 2012 that I would automatically be on the old rules. Well I just have to wait now and see what happens when mine arrives. I don't want to do the 5 year route and have to apply for FLR all over again.

[meemyself&I]

even though we applied on 7 Sept with the correct app.

Is this the first time you've applied under this category? If so they are right. However, I suspect you might've filled in the wrong section (Which relates to Pre-9 July applicants) hence they've mentioned that you've refused under old rules and the good thing is they've still approved yourselves under new rules.

UKBA are like loose springs they can jump which ever way they want.

I am still not yet clarified with this new and old rule. Could someone help to explain it further to me.

My case is that I have been a Tier 4 dependant for 9 years and now applying for FLR M following my husband having ILR on 10 year basis.

According to a post by Sushmehdta, see below:

(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.)

WHICH of these situations will apply to me. Will i be considered under the old rule, being that i was already a dependant, or the new rule, because this is my first time of applying for spouse of a settled person visa?

Any help will be appreciated.

[shendean]

well they refused my application because i mad my application after my previous leave to remain had expired.. well i applied when my visa isnt not expired but because of the payment i reapplied again which my visa is already expired. and result of my application has been considered under the post 9th july under appendix FM.


REFERENCE PARAGRAPH C & D!

NOTICE ALSO EXPLAIN WHETER AND WHEN U ARE REQUIRED TO LEAVE THE UNITED KINGDOM--WHATS THAT MEAN? I NEED TO LEAVE HERE?

[icehouse256]

@ mishfitt

If you applied after 9th July 2012, did you apply with the right requirements under the new rule ? Were you able to meet up/ provide evidence that your spouse earn 18,600 yearly ? Please kindly clarify this.

thanks.

[shendean]

well im in the old rules coz i arrived here in the Uk 2010. theres no problem of the income of myhusband he earns a lot.. and it says here that YOU ENTERED THE UK 2010 AND CANNOT SHOW THAT YOU HAVE NO SOCIAL OR CULTURAL TIES TO YOUR HOME COUNTRY. AND MY PASSPORT IS IN THE LOCAL ENFORCEMENT OFFICE.

[shendean]

and that is not satisfied that i am able to meet requirements of PARAGRAPH 276ADE..

[shendean]

Requirements to be met by an applicant for leave to remain on the grounds of private life

276ADE. The requirements to be met by an applicant for leave to remain on the
grounds of private life in the UK are that at the date of application, the applicant:

(i) does not fall for refusal under any of the grounds in Section S-LTR 1.2 to S-LTR 2.3. and S-LTR.3.1. in Appendix FM; and

(ii) DELETED.

(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or

(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or

(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or

(vi) is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.


THATS WHAT THEY REFUSED ME??

I JUST ARRIVED HERE IN THE UK 2010..

pLEASE HELP I REALLY DONT UNDERSTAND WHATS THE CAUSE OF REFUSES MEANS.

[Damanisshallo]

My case is that I have been a Tier 4 dependant for 9 years and now applying for FLR M

You should definitely fall under old rules unless there are any out of time application ala. You can make SET(M) application as soon as you get a decision.

Worst come to worst if for some reason you get considered under new rules, you will qualify for ILR under 10 yr LR rule in your own right.

I personally think, you are way too safe compare to others.

Hope you get your FLR(M) under old rules...

[Damanisshallo]

well i applied when my visa isnt not expired but because of the payment i reapplied again which my visa is already expired. and result of my application has been considered under the post 9th july under appendix FM.

See if this applies to you and you might have a strong point to win an appeal.

This is an impressive and extremely welcome development in the law. From now on, it seems, applications cannot simply be rejected as invalid by the UKBA on the basis of the assertion that it was not possible to obtain payment. The UKBA will have to provide proof that the application itself was invalid.

The Tribunal ends its determination by stating that to avoid future disputes of the kind in Mr Basnet’s case the UKBA must implement procedures ensuring that postal applications are processed immediately upon receipt, placing them in an approximation of the more favourable circumstances experienced by "personal” applicants, and, moreover that if something goes wrong the applicant is contacted "to afford an opportunity to check or correct the billing data.”


The likelihood is that this clarification of the law as the unfairness of the existing regime – and the recognition that the UKBA bears the burden of proving that an application is invalid, can benefit large numbers of people who have had their applications rejected for this reason. Anyone who is or who may be affected is strongly advised urgently to seek professional legal advice.

Click here to read the full hearing.

[shendean]

well i applied when my visa isnt not expired but because of the payment i reapplied again which my visa is already expired. and result of my application has been considered under the post 9th july under appendix FM.

See if this applies to you and you might have a strong point to win an appeal.

This is an impressive and extremely welcome development in the law. From now on, it seems, applications cannot simply be rejected as invalid by the UKBA on the basis of the assertion that it was not possible to obtain payment. The UKBA will have to provide proof that the application itself was invalid.

The Tribunal ends its determination by stating that to avoid future disputes of the kind in Mr Basnet’s case the UKBA must implement procedures ensuring that postal applications are processed immediately upon receipt, placing them in an approximation of the more favourable circumstances experienced by "personal” applicants, and, moreover that if something goes wrong the applicant is contacted "to afford an opportunity to check or correct the billing data.”


The likelihood is that this clarification of the law as the unfairness of the existing regime – and the recognition that the UKBA bears the burden of proving that an application is invalid, can benefit large numbers of people who have had their applications rejected for this reason. Anyone who is or who may be affected is strongly advised urgently to seek professional legal advice.

Click here to read the full hearing.

dama i have refused by under article 8 paragraph 276ADE and entered in the Uk in 2010 cannot show that i have no social or cultural ties to my home country.

[meemyself&I]

My case is that I have been a Tier 4 dependant for 9 years and now applying for FLR M

You should definitely fall under old rules unless there are any out of time application ala. You can make SET(M) application as soon as you get a decision.

Worst come to worst if for some reason you get considered under new rules, you will qualify for ILR under 10 yr LR rule in your own right.

I personally think, you are way too safe compare to others.

Hope you get your FLR(M) under old rules...

Thank you, this puts my mind to rest a bit, though waiting anxiously for my visa now.

There were no out of time applications, and my husband's ILR was also straightforward, because he had no out of time applications. I applied in Oct 2012. I will be 10 years in UK in Dec 2013. Thanks for clarifying the applying immediately after a successful FLR M.

Good luck to us all and all those waiting.

[Damanisshallo]

Thanks for clarifying the applying immediately after a successful FLR M.

Had you been able to attend a PEO, you'd have got both FLR(M) as well as SET(M) on the same day. A fresh story of Punjabis is that they din even had to switch to FLR(M).

[meemyself&I]

Thanks for clarifying the applying immediately after a successful FLR M.

Had you been able to attend a PEO, you'd have got both FLR(M) as well as SET(M) on the same day. A fresh story of Punjabis is that they din even had to switch to FLR(M).

I wish i was in that situation. At the start i misunderstood the rule change, and even sent off a SET M application, as i did not see the point of switching to FLR M.

But I was corrected in this forum, so i had to vary my application to that of FLR M within a week of applying for SET M. I have done two sets of biometrics done, one for each application and they even took out the full amount for FLR M instead of deducting it from the SET M fees, as per the guidance when varying an application.

Still no refund of the £991 (though i have not requested it) yet, and no correspondence from them. I am waiting till i see my brp before taking the next step.

[findshakil]

TNT campaign: The UKBA is a shambolic mess, sign our petition to demand improvements to visa services

http://www.tntmagazine.com/news/london/ ... a-services

[kings76]

@ shendean I just saw what you wrote ,please does it mean your been refused on your Flr m or what ,please I read I didn't understand that,I tot you applied for spouse or partner visa but the information you gave is on ancestry visa if am correct please whatever it is,do you have the right to appeal it and have you spoken with your lawyer ,I Hope it goes well but don't loose Hope keep up the Faith

[shendean]

@ shendean I just saw what you wrote ,please does it mean your been refused on your Flr m or what ,please I read I didn't understand that,I tot you applied for spouse or partner visa but the information you gave is on ancestry visa if am correct please whatever it is,do you have the right to appeal it and have you spoken with your lawyer ,I Hope it goes well but don't loose Hope keep up the Faith

i applied on OCT 11 2012 for an extension of flr-m coz i have not pass my english test..i been here in the UK 2010 for fiancee visa and applied for spouse after we get married. . And got refusal letter Under PARAGRAPH D-LTRP 1.3 WITH REFERENCE TO PARAGRAPH R-LTRP 1.1 (C)&(D) AND PARAGRAPH 276CE WITH REFERENCE TO PARAGRAPH 276ADE(iii)-(vi) of HC395. and it says i cannot show that i have no social or cultural ties in my home country. YOUR APPLICATION FOR LEAVE TO REMAIN IN THE UK HAS BEEN REFUSED AND U NO LONGER HAVE ANY KNOWN BASIS OF STAY HERE. THERE IS NO RIGHT OF APPEAL AGAINST THIS REFUSAL.

[mishfitt]

If anyone is interested the link below is or the letter i got yesterday from UKBA

http://www.pdfhost.net/index.php?Action ... 23a34802cf

[shendean]

Hi all this is my refusal letter! i dont mind reaveling my self coz they made a wrong refusal!


http://www.pdfhost.net/index.php?Action ... dce371e531

http://www.pdfhost.net/index.php?Action ... 3a3fc5657b

http://www.pdfhost.net/index.php?Action ... 8b06cd0e8d