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OLD FLR(M) waiting times Thread

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habsimak
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Re: FLR(m) Approved...My Time line

Post by habsimak » Fri Mar 22, 2013 2:09 pm

jai_aus wrote:Hi,

I applied FLR(m) for my wife based on ILR acknowledgement letter and the time lines are:

My ILR Received: 03.03.2013

Applied: 21.02.2013
Bio Metrics done: 11.03.2013
Approval: 18.03.2013
BioMetrics card : waiting

Regards,
Jai
Hi jai can u plz tell me what u did with point 2.2 in ur form form.

Refards habsimak

shiali
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Post by shiali » Fri Mar 22, 2013 3:35 pm

I feel so out of place now that everyone is updating their timeline, and everyone seems to have applied way later than me and getting their visas/passports back.
I applied back on the 13th July 2012, and I am still waiting. UKBA requested further documents 2 weeks ago, sent them last week, they received on the 13th March (I'd assume so from the tracking site!), but no news up till now. This is agonizing.. and unfair. Every day working and thinking about it just ruins me. If anybody from July or earlier still waiting please get in touch.

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Post by Damanisshallo » Fri Mar 22, 2013 4:02 pm

shiali wrote:I feel so out of place now that everyone is updating their timeline, and everyone seems to have applied way later than me and getting their visas/passports back
Don't give up hope, you're almost there.....

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shiali
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Post by shiali » Fri Mar 22, 2013 4:48 pm

Damanisshallo wrote:
shiali wrote:I feel so out of place now that everyone is updating their timeline, and everyone seems to have applied way later than me and getting their visas/passports back
Don't give up hope, you're almost there.....

Image
Thanks for the comfort. It does help. Was hoping I'd hear something this week so I can enjoy my weekend. I guess not, because they don't care a out our sufferings. I know the name of my caseworker now though, at least.

habsimak
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Post by habsimak » Fri Mar 22, 2013 9:21 pm

Damanisshallo wrote:
habsimak wrote:Can you advise me if i can apply flr(m) without the financial requirement and then how soon can i apply for settlement for my wife as she will be more than 2 years already in UK (psw dependent and tier 1 general dependent)
Yes you can. Since she's already completed her residential qualifying period, she can apply for settlement as soon as she's issued with her FLR(M).
Dear Damanisshallo, we had this communication in the past but I saw on the forum that there are some new rules coming on 6 April 2013. Under which a dependent's time which is spent on a non settlement route will not be counted towards her ILR. I am confused can you please advise me as to what you think is right.

regards
Habsimak

Damanisshallo
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Post by Damanisshallo » Sat Mar 23, 2013 1:03 am

habsimak wrote: I am confused can you please advise me as to what you think is right.
Submit her FLR (M) before 6th of April to take advantage of current rules.
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Xiaozhu
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Re: ILR qualifying period

Post by Xiaozhu » Sat Mar 23, 2013 9:20 am

Xiaozhu wrote:Hi all

Now that my husband has his visa (for the Skydrive, we received docs and BRP on 7 March), we are wondering about the time he needs to spend continuosly in the UK to eventually qualify for ILR. We are under the new rules so we know it's 5 years, however:

When did this period start?

We have been told that he cannot spend more than 270 days outside the UK in the last 3 years and no more than 90 of those in the last year which is fine. But what about the first 2 years? As we are currently abroad for work until November - will this be a problem?

Apologies if the answers are obvious but he left his letter in the UK so I can't examine it and of course there is no clear answer on the UKBA website.

Thanks
Anyone?
Application recieved: 24 August 2012
Acknowledgement letter: 29 August
BM letter dated: 18 November 2012 (arrived 21 November 2012)
BM given: 22 November 2012
Documents and BRP received: 7 March 2013

habsimak
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Post by habsimak » Sat Mar 23, 2013 10:21 am

Damanisshallo wrote:
habsimak wrote: I am confused can you please advise me as to what you think is right.
Submit her FLR (M) before 6th of April to take advantage of current rules.
Thank you Damanisshallo will certainly do that. Regards habsimak

Deepthi
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My FLR(M) Waiting time

Post by Deepthi » Sat Mar 23, 2013 12:16 pm

Hi All,

Here is my timeline.
FLR(M) posted: 02/10/2012
Acknowledgement: 20/10/2012
Payment Taken: 22/10/2012
Biometrics Request: 17/12/2012 (Letter dated 13/12/2012)
Biometrics Submitted: 17/12/2012
UKBA requested further docs: 28/02/2013 (Letter dated 22/02/2013)
Further docs posted: 06/03/2013 (next day del.)
BRP: 22/03/2013 (Letter dated 20/02/2013)
Passport & Docs Rec: 23/03/2013 (Letter dated 20/02/2013)

Finally our wait is over. All the best everyone. This forum is the only one which gives some update on what exactly is going on in UKBA. Please kindly update your timelines as it helps others.

nats
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Re: My FLR(M) Waiting time

Post by nats » Sat Mar 23, 2013 5:58 pm

congratulations Deepthi, enjoy :)
Deepthi wrote:Hi All,

Here is my timeline.
FLR(M) posted: 02/10/2012
Acknowledgement: 20/10/2012
Payment Taken: 22/10/2012
Biometrics Request: 17/12/2012 (Letter dated 13/12/2012)
Biometrics Submitted: 17/12/2012
UKBA requested further docs: 28/02/2013 (Letter dated 22/02/2013)
Further docs posted: 06/03/2013 (next day del.)
BRP: 22/03/2013 (Letter dated 20/02/2013)
Passport & Docs Rec: 23/03/2013 (Letter dated 20/02/2013)

Finally our wait is over. All the best everyone. This forum is the only one which gives some update on what exactly is going on in UKBA. Please kindly update your timelines as it helps others.

nats
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Joined: Sun Jan 06, 2013 6:57 pm

Post by nats » Sat Mar 23, 2013 6:07 pm

Hi Damanishallo: in below link there is a post you mentioned for reference in past. it says Set(O) to apply after completing 2 years on PBS. But in all other relevant posts all speaking about Set(m). so is it Set(O) or Set(M) please correct?

Greenie post


5. For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:

- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years

nats
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FLR(m) or Set(M)

Post by nats » Sat Mar 23, 2013 6:30 pm

Hi All,
due to the confusion regarding submitting FLR(M) or Set(M)? And whether one comes under old rules or new rules. Sometimes things look clear and all good. but due to UKBA's inconsistent behavior seems like its all upto our luck and the caseworker. How to convince the caseworker that a dependent entered UK b4 9th July 2012 comes under old rules and can apply ILR once completed 2 year probationary period in PBS category or FLR (m) category or combination of both. I have PEO appointment for my wife's FLR(m) as tier 4 dependent for last 3 years. I will try to convince for Set(m) and for that I will take print outs of relevant rules/paragraphs with me to appointment. I searched for relevant posts in past and found following 2 paragraphs. Please help me if there is something else (rules/paragraphs) I should mention to them:

1.

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

Family members of relevant points-based system migrants
Part 8 - Family members
Partners of relevant points-based system migrants
319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant

2.

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

287(a)(i)(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;

habsimak
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Re: FLR(m) or Set(M)

Post by habsimak » Sun Mar 24, 2013 12:45 pm

nats wrote:Hi All,
due to the confusion regarding submitting FLR(M) or Set(M)? And whether one comes under old rules or new rules. Sometimes things look clear and all good. but due to UKBA's inconsistent behavior seems like its all upto our luck and the caseworker. How to convince the caseworker that a dependent entered UK b4 9th July 2012 comes under old rules and can apply ILR once completed 2 year probationary period in PBS category or FLR (m) category or combination of both. I have PEO appointment for my wife's FLR(m) as tier 4 dependent for last 3 years. I will try to convince for Set(m) and for that I will take print outs of relevant rules/paragraphs with me to appointment. I searched for relevant posts in past and found following 2 paragraphs. Please help me if there is something else (rules/paragraphs) I should mention to them:
Hi nats, u can also quote from the flr m transitional arrangements document which is available on ukba website. The link is http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This explains who comes under old rules and if u r under long residency then u can refer to point 3.4

Dear other forum members Please correct me if I am wrong
Regards
Habsimak

aurora_moon
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Australia

Post by aurora_moon » Mon Mar 25, 2013 11:38 am

My final update! Finally received my BRP today. After it didn't arrive within an acceptable timeframe I emailed them (on 18/03/2013) at the email address in the letter that came with the returned documents. They replied to my email on the 22/03 saying the card was on its way. It finally arrived this morning and on the card it says it was printed on the 21/03 - after I sent the email chasing it up!

Well, I'm just glad my dealings with them are over for now (until the next application, ugh).

*someone feel free to update my details on the Skydrive, I'm still not sure how to do it myself.

yolilly
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Post by yolilly » Mon Mar 25, 2013 1:35 pm

Hello,

I just want to say thank you all for posting and giving us an idea on how long we had to wait as we really didn't know what to expect after applying (first timers) :)

Applied/Docs sent: 05/12/112
Received Ack. Letter: 11/12/12 (dated 07/12/12)
Biometrics letter arrived & taken: 31/01/13 (dated 28/01/13)
Approval Letter : Never got one
BRP card received: 09/03/13 :)
Passport/Docs received: 13/03/13
Visa Type : FLR(M) for spouse
Visa From: Fiancee

Once again thanks and wishing you all the best

Y&B

mrsabih
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Mood:
Pakistan

Post by mrsabih » Mon Mar 25, 2013 2:58 pm

yolilly wrote:Hello,

I just want to say thank you all for posting and giving us an idea on how long we had to wait as we really didn't know what to expect after applying (first timers) :)

Applied/Docs sent: 05/12/112
Received Ack. Letter: 11/12/12 (dated 07/12/12)
Biometrics letter arrived & taken: 31/01/13 (dated 28/01/13)
Approval Letter : Never got one
BRP card received: 09/03/13 :)
Passport/Docs received: 13/03/13
Visa Type : FLR(M) for spouse
Visa From: Fiancee



Once again thanks and wishing you all the best

Y&B

congrats to all its really feel good when i see that lots of people getting approved their visas and its gives me lots of hope please pray for all who is waiting for their visas thanks
additional doc send on 14/03/2013
still waiting..... :(
Do good and get reward

Afiya
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Pakistan

very stressed out

Post by Afiya » Mon Mar 25, 2013 4:48 pm

hi everyone, i've been following this board since last yr because of delay in my application processing.
so after a year i got my response and shockingly my application for FLR(M) was refused.

i have an 18 month old son who was born in UK on 9th september 2011, my husband has been granted ILR in March 2012.
i applied for FLR(M) for myself and my son in April 2012.
My visa was expiring on 15th april 2012 so i applied for FLR(M) on 5th april 2012. unfortunately the payment didn't go through by the card issuer. and ukba sent the application back after a month in may 2012. my visa had expired by then.

i applied again the very next day and this time ukba took half the payment and sent the application back after nearly 2 months in july 2012 stating incorrect fee paid.

so i once again applied the very next day on 5th JUly 2012 with all the information about the attempted applications sent and this time the process started and i recieved my Biometrics letter in september 2012. till today my only worry was the delay in processing times. but today i recieved the refusal for both me and my son on the basis of overstaying as my visa expired in april and the last application they accepted was in july. now i have no right to appeal.

what should i do now?
we are applying for citizenship for my son as my husband has ILR. but that would take time. they have an appointment in may 2013. i would have been eligible for ILR since oct 2012 but couldnt apply as the FLR(M) application was in process. if i go back and apply for spouse visa my 2 year eligibility would be wasted and i'll have to start from scratch and who knows if they'll grant the visa then too. the other option i have in mind is take it up with them in court. im mentally very stressed. please provide any solution to my problem.

melbgirl
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Refused

Post by melbgirl » Mon Mar 25, 2013 5:27 pm

My visa was refused. They returned my refusal letter with my partner's passport, but I did not get any of my documents back. Has anyone else been refused and their documents returned a later date? I want to appeal but I want to see what I sent them so I can work out what they need.

I was refused as they don't think we were living together akin to marriage - my partner is a marine engineer and therefore spent time working abroad during the 2 year period. We also did not send through our most current payslip as we applied the day after pay day and our employers had not sent out our payslips yet. I am furious that they did not just request more documents, instead straight out refusing us. :(

Damanisshallo
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Payment Fail

Post by Damanisshallo » Mon Mar 25, 2013 6:10 pm

Afiya wrote:what should i do now?

the other option i have in mind is take it up with them in court. im mentally very stressed. please provide any solution to my problem.
UKBA must prove the failure of payment wrote: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.
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nats
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Re: FLR(m) or Set(M)

Post by nats » Mon Mar 25, 2013 7:31 pm

thanks habsimak what did u mentioned in Section 2 point 2.2, and if answere NO, what reason u provided below? I am also stuck on same question :(
,Also below rule from 3.4 point is relevant. it mentions A 280(C) under Part 8, where to find that para?
Applicants who were granted leave to enter or remain as a PBS dependent
before 9 July 2012, whose PBS partner gained indefinite leave to remain on the
basis of long residence can under transitional provisions at A280 (C) apply for
further leave under Part 8 of the Immigration Rules.

habsimak wrote:
nats wrote:Hi All,
due to the confusion regarding submitting FLR(M) or Set(M)? And whether one comes under old rules or new rules. Sometimes things look clear and all good. but due to UKBA's inconsistent behavior seems like its all upto our luck and the caseworker. How to convince the caseworker that a dependent entered UK b4 9th July 2012 comes under old rules and can apply ILR once completed 2 year probationary period in PBS category or FLR (m) category or combination of both. I have PEO appointment for my wife's FLR(m) as tier 4 dependent for last 3 years. I will try to convince for Set(m) and for that I will take print outs of relevant rules/paragraphs with me to appointment. I searched for relevant posts in past and found following 2 paragraphs. Please help me if there is something else (rules/paragraphs) I should mention to them:
Hi nats, u can also quote from the flr m transitional arrangements document which is available on ukba website. The link is http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This explains who comes under old rules and if u r under long residency then u can refer to point 3.4

Dear other forum members Please correct me if I am wrong
Regards
Habsimak
Last edited by nats on Mon Mar 25, 2013 10:03 pm, edited 1 time in total.

Afiya
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dear Damanisshallo

Post by Afiya » Mon Mar 25, 2013 8:13 pm

Thankyou for this valuable information.
can you please provide us with a link and/or reference to the details of this law? and if you know a solicitor who has knowledge of this law. that would be really beneficial for us as the solicitors we've spoken to so far don't seem to know about this and are only willing to launch a new application, which is costly

kind regards,

Thanks for the link much appreciated. only just saw it.

kaya.b
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Incorrect refusal

Post by kaya.b » Mon Mar 25, 2013 10:04 pm

I received the refusal of my visa application today.

They refused it on the grounds that I had applied after 28 days of my visa expiring.

The confusing bit was that they noted that my current student visa expired on 30 November 2012, and that I had applied for FLR(M) on 01 November 2012. They concluded that I therefore applied after I had no right to be in the UK and so my application was refused.

But anyone looking at that statement would notice that even they had noted that I did indeed apply before my visa expired!

The letter states that I have no right to appeal but clearly I do given that they made a mistake. Anyone has a good idea of the steps I could take from wrongly being deported? :-(

Really sad and angry now...

Afiya
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Post by Afiya » Mon Mar 25, 2013 10:27 pm

Dear Kaya, this is really sad. I am in the same boat as you are. Seems like soloicitors are the only option for us. I'll keep you updated after consulting with a solicitor.

Damanisshallo
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Re: Incorrect refusal

Post by Damanisshallo » Mon Mar 25, 2013 10:39 pm

kaya.b wrote:I received the refusal of my visa application today.

They refused it on the grounds that I had applied after 28 days of my visa expiring.

The confusing bit was that they noted that my current student visa expired on 30 November 2012, and that I had applied for FLR(M) on 01 November 2012. They concluded that I therefore applied after I had no right to be in the UK and so my application was refused.

But anyone looking at that statement would notice that even they had noted that I did indeed apply before my visa expired!

The letter states that I have no right to appeal but clearly I do given that they made a mistake. Anyone has a good idea of the steps I could take from wrongly being deported?
Rather than going to a solicitor to appeal, try to speak to them (Supervisor) not the CSA and explain to them the situation that they've sadly mistaken the dates. I remember lately someone had the similar kind of refusal and they managed to revert back the decision. (Saving you £££'s). Reading the reconsideration process might help you.

UKBA's Reconsideration policy @ Page 6 wrote:Definition of a reconsideration
A reconsideration is a review by the UK Border Agency of a decision made in the UK on an application for:
 further limited or indefinite leave to remain
 transfer of conditions (TOC), or
 no time limit (NTL).
Such a request will usually be about a refusal decision but may also be about aspects of an approval (for example, the period of leave granted).
When is a reconsideration request acceptable?
The UK Border Agency is not legally obliged to reconsider an immigration decision. When an applicant has a right of appeal, the correct method for them to challenge the decision is to lodge an appeal. Applicants refused without a right of appeal can either:
 challenge the decision through the judicial review process
 make a fresh application for limited or indefinite leave to remain, if they believe they
can show that they meet the requirements of the route under which they are applying,
or
 in the case of refused TOC or NTL applications, submit a fresh application that
addresses the reasons why the original application was refused. The UK Border Agency will however reconsider applications, if:
 The application was granted and the applicant believes that the type of leave granted or the expiry date of the leave is incorrect.
 The reconsideration is a legacy request submitted before 13 November 2012 and there are still reasons to reconsider the decision.
 The reconsideration request is about a case affected by the Alvi judgement and the
applicant is still in-time to bring an appeal or judicial review. For information on how to deal with reconsideration requests based on the Alvi judgment, see related link.
For information on what is not an acceptable reconsideration request, the requirements a request must meet and legacy reconsideration requests, see links on left.
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abp20e
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Dear Afiya

Post by abp20e » Mon Mar 25, 2013 11:45 pm

Dear afiya my wife case is the same of your case and i would be really gratful if you let us know if you have a good lawyer . thank you so much for your help

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