10 years long residence applications

[Khan86]

Hi
I am silent reader of this board from long time.
Now I need help from you
I got my ilr on the basis of ten years. I applied 2/8/12 and get it on 16/3/13.
During this time my wife who was a student dependent she applied on 18/12/12 for her visa flr m.she came here in oct 2009 she extend her visa from London in aug 2010 then she get back home for 8 months and join me again in dec 2011.
My wife she got refusal letter on 24/5/13.
Objection on her flr m is that we didn't show financial requirements.
While I read on this board that in my case I don't need to show financial requirements 7.A.
Now last date for appeal is 7 June
Please boys give me advice which option is good for me. I am already suffered too much.
Damanisshallo please advice
Regards

[Damanisshallo]

Hi
I am silent reader of this board from long time.
Now I need help from you
I got my ilr on the basis of ten years. I applied 2/8/12 and get it on 16/3/13.
During this time my wife who was a student dependent she applied on 18/12/12 for her visa flr m.she came here in oct 2009 she extend her visa from London in aug 2010 then she get back home for 8 months and join me again in dec 2011.
My wife she got refusal letter on 24/5/13.
Objection on her flr m is that we didn't show financial requirements.
While I read on this board that in my case I don't need to show financial requirements 7.A.
Now last date for appeal is 7 June
Please boys give me advice which option is good for me. I am already suffered too much.
Damanisshallo please advice
Regards

Read this post and the following few posts. However, be prepared for an appeal as I'd suspect if they are going to respond to your reconsideration letter by 7th June. It's worth mentioning your dead line to appeal in your letter.

Good Luck. You should be fine.

[Khan86]

Hi
I am silent reader of this board from long time.
Now I need help from you
I got my ilr on the basis of ten years. I applied 2/8/12 and get it on 16/3/13.
During this time my wife who was a student dependent she applied on 18/12/12 for her visa flr m.she came here in oct 2009 she extend her visa from London in aug 2010 then she get back home for 8 months and join me again in dec 2011.
My wife she got refusal letter on 24/5/13.
Objection on her flr m is that we didn't show financial requirements.
While I read on this board that in my case I don't need to show financial requirements 7.A.
Now last date for appeal is 7 June
Please boys give me advice which option is good for me. I am already suffered too much.


Damanisshallo please advice
Regards

Read this post and the following few posts. However, be prepared for an appeal as I'd suspect if they are going to respond to your reconsideration letter by 7th June. It's worth mentioning your dead line to appeal in your letter.

Good Luck. You should be fine.

Thanks Daminshallo for quick response
Just let you know that before applying ilr I was on student visa.
So my wife comes under old rule or new rules.
Please help even in my ilr process I missed my mom funeral. And very upset now, I have to go back home

[z18runway]

any good news guys, this week is very slow, hardly very few has shared their stories on ILR ?

[zack001]

any good news guys, this week is very slow, hardly very few has shared their stories on ILR ?

good news is, one january applicant on this forum has receive his ILR on SET(O) last week, so I guess, they have started processing 2013 applications. Hope for the best

[nadeem toheed]

any good news guys, this week is very slow, hardly very few has shared their stories on ILR ?

good news is, one january applicant on this forum has receive his ILR on SET(O) last week, so I guess, they have started processing 2013 applications. Hope for the best

Yes Zack001, they have started work on 2013 application but what for those who applied in last year and bio done in this year ?

[DHK]

Dear Damanisshallo,

I got my ILR on the basis of 10 years long residency one month before. My previous leave was Tier 1 (General) as Highly Skilled Worker. I have my wife and two children who have their visa valid until September 2014 as PBS dependants. They are become eligible to apply for ILR under long residency in the 3rd week of September 2013 means less than 4 months to go.

Now, my question to you ‘Is it Ok if they wait until they qualify for 10 years long residency and then apply for ILR on their own right using the form SET(LR) ? or I have to apply for them now using form FLR (M) and subsequently SET (M).

In the new form of SET(LR), there is a question ‘What is your present immigration status ?’ My wife and two children have to answer – PBS dependent but actually at present they are dependents of a settled person.
Please help me. Your early reply is much appreciated.

Thanks

[Damanisshallo]

Dear Damanisshallo,

I got my ILR on the basis of 10 years long residency one month before. My previous leave was Tier 1 (General) as Highly Skilled Worker. I have my wife and two children who have their visa valid until September 2014 as PBS dependants. They are become eligible to apply for ILR under long residency in the 3rd week of September 2013 means less than 4 months to go.

Now, my question to you ‘Is it Ok if they wait until they qualify for 10 years long residency and then apply for ILR on their own right using the form SET(LR) ? or I have to apply for them now using form FLR (M) and subsequently SET (M).

In the new form of SET(LR), there is a question ‘What is your present immigration status ?’ My wife and two children have to answer – PBS dependent but actually at present they are dependents of a settled person.
Please help me. Your early reply is much appreciated.

Thanks

Could you elaborate your kids status? I mean, are they Born Abroad/UK - Born? Secondly, on the SET(LR) form their present status would be PBS dependents as they've never changed their status to dependents of a settled person (On Paper). Even though there is no such rule which forces them to change their status to dependents of settled person, it could be problematic if you decide to travel out and back into UK.

[DHK]

Dear Damanisshallo,

I got my ILR on the basis of 10 years long residency one month before. My previous leave was Tier 1 (General) as Highly Skilled Worker. I have my wife and two children who have their visa valid until September 2014 as PBS dependants. They are become eligible to apply for ILR under long residency in the 3rd week of September 2013 means less than 4 months to go.

Now, my question to you ‘Is it Ok if they wait until they qualify for 10 years long residency and then apply for ILR on their own right using the form SET(LR) ? or I have to apply for them now using form FLR (M) and subsequently SET (M).

In the new form of SET(LR), there is a question ‘What is your present immigration status ?’ My wife and two children have to answer – PBS dependent but actually at present they are dependents of a settled person.
Please help me. Your early reply is much appreciated.

Thanks

Could you elaborate your kids status? I mean, are they Born Abroad/UK - Born? Secondly, on the SET(LR) form their present status would be PBS dependents as they've never changed their status to dependents of a settled person (On Paper). Even though there is no such rule which forces them to change their status to dependents of settled person, it could be problematic if you decide to travel out and back into UK.

Both the child born outside the UK. They are now 16 and 13.

They have no plan to travel before they get ILR. But I have a plan to travel before their applications for ILR.
Thanks

[xixiberyl]

Dear Damanisshallo,

I got my ILR on the basis of 10 years long residency one month before. My previous leave was Tier 1 (General) as Highly Skilled Worker. I have my wife and two children who have their visa valid until September 2014 as PBS dependants. They are become eligible to apply for ILR under long residency in the 3rd week of September 2013 means less than 4 months to go.

Now, my question to you ‘Is it Ok if they wait until they qualify for 10 years long residency and then apply for ILR on their own right using the form SET(LR) ? or I have to apply for them now using form FLR (M) and subsequently SET (M).

In the new form of SET(LR), there is a question ‘What is your present immigration status ?’ My wife and two children have to answer – PBS dependent but actually at present they are dependents of a settled person.
Please help me. Your early reply is much appreciated.

Thanks

Could you elaborate your kids status? I mean, are they Born Abroad/UK - Born? Secondly, on the SET(LR) form their present status would be PBS dependents as they've never changed their status to dependents of a settled person (On Paper). Even though there is no such rule which forces them to change their status to dependents of settled person, it could be problematic if you decide to travel out and back into UK.

Both the child born outside the UK. They are now 16 and 13.

They have no plan to travel before they get ILR. But I have a plan to travel before their applications for ILR.
Thanks

I think there is legal question according to the post? is it compulsory to change your wife's and children's visa into "settler's dependent" within 28 days, once you got your ILR; if your wife and children are allowed to keep the previous's, your case should be ok, otherwise you have to change their visa.

I do not know the answer, but maybe someone could help you!

[DHK]

Dear Damanisshallo,

I got my ILR on the basis of 10 years long residency one month before. My previous leave was Tier 1 (General) as Highly Skilled Worker. I have my wife and two children who have their visa valid until September 2014 as PBS dependants. They are become eligible to apply for ILR under long residency in the 3rd week of September 2013 means less than 4 months to go.

Now, my question to you ‘Is it Ok if they wait until they qualify for 10 years long residency and then apply for ILR on their own right using the form SET(LR) ? or I have to apply for them now using form FLR (M) and subsequently SET (M).

In the new form of SET(LR), there is a question ‘What is your present immigration status ?’ My wife and two children have to answer – PBS dependent but actually at present they are dependents of a settled person.
Please help me. Your early reply is much appreciated.

Thanks

Could you elaborate your kids status? I mean, are they Born Abroad/UK - Born? Secondly, on the SET(LR) form their present status would be PBS dependents as they've never changed their status to dependents of a settled person (On Paper). Even though there is no such rule which forces them to change their status to dependents of settled person, it could be problematic if you decide to travel out and back into UK.

Both the child born outside the UK. They are now 16 and 13.

They have no plan to travel before they get ILR. But I have a plan to travel before their applications for ILR.
Thanks

I think there is legal question according to the post? is it compulsory to change your wife's and children's visa into "settler's dependent" within 28 days, once you got your ILR; if your wife and children are allowed to keep the previous's, your case should be ok, otherwise you have to change their visa.

I do not know the answer, but maybe someone could help you!

Where did you find this 28 days rule mate ? Please let me know.
Thanks

[Damanisshallo]

Where did you find this 28 days rule mate ? Please let me know.

Not that I know off. This was discussed in the past.

[Landcruiser]

I am currently on a PSW visa and yes I am married and living with my wife who is on PSW dependant . I also have a 4 month old daughter born in the UK . There is also another important issue which I want to bring to your attention and that is a one big 7.5 months gap in my stay which has happenned only as a result of me being stranded in Saudi Arabia due to a grave clerical error caused by Saudi immigration authorities and the whole process taking around 5 months to get resolved which normally takes a mere 5 days . I used to visit Saudi Arabia every year for 10-14 days to gain an exit-re-entry Visa where my parents are based but due to some sudden changes in saudi immigration laws together with an administrative error from the saudi authorities, I couldnt even manage to exit the country without gaining a final exit visa which was only secured after 5 months long struggle with the saudi immigartion authorities. I have all the relevant paperwork as evidence which is why I was hoping to apply for SET (LR) straight away as I can foresee a rejection due to this ..
Your Kind advise is very much awaited......Thank you

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
 spent a total of 540 days outside the UK throughout the whole 10 year period. Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 180 days or less at any one time, and  had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see related link: Information for non-visa nationals.
If the applicant had existing leave to enter or remain when they left and returned to the UK, the existing leave does not have to be in the same category on departure and return. For example, an applicant can leave the UK as a Tier 4 (General) student and return with leave as a spouse of a settled person. Continuous residence is not broken as the applicant had valid leave both when they left and returned to the UK.
If an applicant was in the UK with a right to reside under European Economic Area (EEA) regulations when they left the UK and was re-admitted under the EEA regulations, continuous residence is not broken.

Thank you very much for the above but we all know the obvious. I dont know if you have also read the exercise of discretion bit in the same document.......and also a brand new PDF from Home office about calculating continuous residence and exercise of discretion which goes as follows:

Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. However, consideration may still be given to granting indefinite leave to remain (ILR) outside the rules if evidence is provided to show the excessive absence was due to serious or compelling compassionate reasons.
Evidence, in the form of a letter from the applicant setting out full details of the compelling reason for the absence and supporting documents must be provided.
Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.
Discretion will only be applied as authorised at senior executive officer (SEO) level.



This would actually had been more relevant to the query I had and someone else who might have a similar plight. Anyways Thanks

You know the answer yet you are asking questions, by the looks of it Saudia Arabia has investigated you for playing with the system, and if you produce those documents to HO I doubt if it will be pleasent read for them.

I respect your identity here as a newbie henceforth I don't intend to disrespect your views which are wholly based on assumptions but I think you should avoid falling prey to ''landing into conclusions'' without having a slightest clue of what the real facts are . There is no such thing as a game play here and neither is this whole process a GAME !!!. I dont know if you know anything about Saudi Arabia or the stringent rules of immigration of that country for that matter.
I was born and bred in Saudi Arabia, used to visit each year for meeting my parents , perform religious pilgrimage and gain an exit -re-entry visa to allow me to do the same each year which is obvious for someone who want to keep close with family and observe religious duties at the same time which cant be regarded as ''PLAYING WITH THE SYSTEM'' not in the United Kingdom or Saudi Arabia or any part of this world and that's why there is a 180 day single and an 18 month full term absence allowance in the long residence application.

The extended stay in that country recently had only occurred due to a severe processing delay by Saudi immigration authorities and bear in mind such types of grave administrative failures are not uncommon even at our very own so called ''UKBA'' . if you think that such kinds of assertions such as administrative failure is not the correct way to describe UKBA then please refer to someone who has been waiting for 7 months or more without having a slightest idea about their ILR application from this very forum.Thank you

[DHK]

Where did you find this 28 days rule mate ? Please let me know.

Not that I know off. This was discussed in the past.

Dear Damanisshallo,

I am still waiting for your reply of my original question as i answered your quiry already.

Thanks for your help.

[Damanisshallo]

I am still waiting for your reply of my original question as i answered your quiry already.

You can use SET(F) for your children anytime from now. WRT your wife, its up to you if you want to finish all of this ASAP then go for FLR(M) followed by SET(M) [Costs you around £1500 via postal] or make a SET(LR) [£1000 Apx] in September 2013.

[zack001]

any good news guys, this week is very slow, hardly very few has shared their stories on ILR ?

good news is, one january applicant on this forum has receive his ILR on SET(O) last week, so I guess, they have started processing 2013 applications. Hope for the best

Yes Zack001, they have started work on 2013 application but what for those who applied in last year and bio done in this year ?

It may be possible @nadeem toheed that we hear good news from u first in this week. Have faith in almighty.

[farhad34]

Hi guys
I got my Ilr approval letter on the 15 and since then waiting for my biometric card send them an email but no answer uptil now bit worried anybody knows what to do

[DHK]

I am still waiting for your reply of my original question as i answered your quiry already.

You can use SET(F) for your children anytime from now. WRT your wife, its up to you if you want to finish all of this ASAP then go for FLR(M) followed by SET(M) [Costs you around £1500 via postal] or make a SET(LR) [£1000 Apx] in September 2013.

Dear Damanisshallo,

Thanks for your quick reply.

I want to apply for the children using SET (LR) upon completion of 10 years alongwith their Mum in September 2013 rather than applying now using SET (F). Is this is a good decision ? Please advice. Thanks again.

[saanju9]

Hi
I am silent reader of this board from long time.
Now I need help from you
I got my ilr on the basis of ten years. I applied 2/8/12 and get it on 16/3/13.
During this time my wife who was a student dependent she applied on 18/12/12 for her visa flr m.she came here in oct 2009 she extend her visa from London in aug 2010 then she get back home for 8 months and join me again in dec 2011.
My wife she got refusal letter on 24/5/13.
Objection on her flr m is that we didn't show financial requirements.
While I read on this board that in my case I don't need to show financial requirements 7.A.
Now last date for appeal is 7 June
Please boys give me advice which option is good for me. I am already suffered too much.
Damanisshallo please advice
Regards

I am sorry for what you been through mate

Yes your wife comes under old rules if she is on Tier 4 (student) dependent visa before 9th july 2012... However, please do mention this in your letter... in the mean time just make inquires for a good solicitor ,,..just incase

[saanju9]

I am still waiting for your reply of my original question as i answered your quiry already.

You can use SET(F) for your children anytime from now. WRT your wife, its up to you if you want to finish all of this ASAP then go for FLR(M) followed by SET(M) [Costs you around £1500 via postal] or make a SET(LR) [£1000 Apx] in September 2013.

Dear Damanisshallo,

Thanks for your quick reply.



I want to apply for the children using SET (LR) upon completion of 10 years alongwith their Mum in September 2013 rather than applying now using SET (F). Is this is a good decision ? Please advice. Thanks again.

Two things here... I know this topic has been discussed earlier and I know none of us could find a reference where it mentions 28 days time constraint but

We all know that the dependents has to be changed to Settled person's dependent as soon as possible after the main applicant has been approved with ILR.. However, I know your not applying for SET(M) and instead applying for SET(LR) but what you should bare in mind is how much time the case worker will consider this as soon as possible time constraint. Do you think that the CW will consider 4 months as a too long time and you should have applied for FLR(M) or is he/she will take it easy and will grant ure wife SET(LR)... It all depends on the case worker who deals with your case... we got some fine examples of inconsistency in the recent past..

So I think The appropriate way to do it is to have FLR(M) and then apply for SET(LR) or SET(M)....especially on a postal application where you can't explain anything to them in person....

If you want to apply for SET(LR) in September (Not Applying FLR(M))...then again I think that's a gamble you take...

So its a decision you have to make.. I know its going to cost you a bit to follow the correct procedure but your safer...they can't reject your application and I think because ure wife and children are here for more than two years as Tier 1 (General) dependents.... they can get the ILR immediately...otherwise they got to go through all this pain we have been through...

However, the flip side is the money involved..so if you can put up the money upfront I would say FLR(M) and then SET(M) and it can be over in a week or two... but if you can't .. with a bit of gamble SET(LR) in September

[Uzo]

I was informed by my MP that my application has been assigned a case a worker and was looked at as early as 14 May. Does anyone have an idea how long it usually takes after your application is assigned a caseworker.

[Kallmay]

My solicitor emailed me that my application for ILR was approved. Finally the long wait is over, praise the Lord. God is good. I applied on 24th August. Did my biometric on 24th October. Phoned ukba once and emailed my local MP. Thank you very much for all the help and support in this forum. May the good Lord bless all the people who are making this forum a helping hand to everyone. Let's pray persistently to those who are still waiting.

[mmakhan]

[quote="mmakhan"]i have made a covering letter for set m.can the senior members of this forum please check and draft any errors accordingly:

UK Border Agency 13/06/2013
SET (M)
Indefinite Leave to Remain
Lunar House
40 Wellesley Road
Croydon CR9 2BY


Subject: SET (M) Application request for my Dependant/Spouse

Respected Sir/Madam,

This is with the reference to my wife’s application Mrs …………….for settlement. I ……………………husband of ………………have been granted ILR with a settlement ref: ………..and residing in the UK for almost 11years with no resource to public funds. I would like to take this opportunity for my wife/spouse to apply for ILR to stay with me permanently; hence I am providing all the supporting documents and information required by the immigration rule under the guidelines of the above category.
I would request you to take into account of the following before you determine her application:
A) Currently we are residing at …………………… with 3 bedrooms and sharing with a couple(family friends)
B) Under the provisions of Part 8 Paragraph 281 and 284 of the immigration rule after she has completed the 2 years probationary period she can apply for ILR, as she was previously granted her stay under the route to settlement PBS Tier-1 General migrant category that allows the time of leave completed as PBS dependent to be amalgamated with the time of leave completed as the partner of a settled person FLR (M), hence she satisfies the requirement of the immigration rules of Part 8 its therefore she is eligible to apply for settlement using SET (M) application.
C) Under the transitional arrangements she was previously granted her stay before 9th July 2012 as my PBS Tier-1 General Dependant meeting only the rules and criteria that was in place prior to 9th July 2012, this would mean she was not required to meet financial requirement even though I can assure you we accommodate ourselves without resource to public funds and to support my statement please find my Employment letter, payslips and bank statement for the last six months.
Today I received my wife's documents and the letter in it says to qualify for settlement she should have to extend her visa for another 30 months then she can apply for her settlement now they have granted her visa for 30 months.i spoke to a solicitor and he said a case is little complicated.
How can I apply for her set m directly without waiting anymore.
Will keep u updated

[mmakhan]

My solicitor emailed me that my application for ILR was approved. Finally the long wait is over, praise the Lord. God is good. I applied on 24th August. Did my biometric on 24th October. Phoned ukba once and emailed my local MP. Thank you very much for all the help and support in this forum. May the good Lord bless all the people who are making this forum a helping hand to everyone. Let's pray persistently to those who are still waiting.

Congrats mate enjoy ur freedom

[Lcj]

Hi everyone,

just an update l called homeoffice this afternoon and they have said they sent out a pack for me this morning to my solicitors and she gave me a tracking number lam so nervous don't know what's in it. I applied on the 6/August /2012. Wish me luck can't eat anything now