ILR on 10 year long residence while visa is still pending

[3stars]

Hi Everyone,

My husband came to UK as a student in Sep 03 and I came with 3 kids one year later.

We keep on renewing our visa as a student until last time we sent our application on article 8 before expiry of visa in May 2012 as my children spent more than 7 years here but at that time our one child was over 18. Got acknowledgement and biometrics given in Aug 2012

As rules changed on 9th July 2012, our solicitor vary our application in Dec 2012 according to the rules announced in July...still waiting for the outcome.

Now two children are over 18.

My husband has to apply for ILR next month on 10 year long residence basis ( me & children completed 9 years with him here), we are confused about few thing; please clarify;

1. Should we have to sent a new application or vary our existing application.

2. If we vary our existing application then do we need to pay full fees again or the difference only

3. What documents we need to send now.

4. Application form for my husband is SET(LR) and for us will be FLR(M)

5. My husband has to submit Life in Uk test. I did Masters not from UK, if I submit the NARIC equivalence certificate for my English knowledge, will it be alright. And does over 18 children need to submit something for their English knowledge- both did A-level from here.

5. Anything particular I am missing out, please advise.

Thanks

[vinny]

1. Vary.
2. No. Difference only, I think.
3. See forms for details.
4. Yes. However, over 18 year old child may need FLR(O).
5. KOL required for over 18 year old child as well.

Ask solicitor.

[3stars]

Thanks a lot Vinny.

I am still a bit confused about the KOL.

If me and my two over 18 children take "Life in Uk Test", will this serve the purpose. Please clarify.

[vinny]

Sorry, my mistake. If the over-18 children are applying for FLR(O), then they don't need to take KOL yet. That's for settlement applications.

If you are applying for FLR(M), then you may need to pass the English Language test.

Talk to your solicitor, as it may be complicated for Long residence dependants (children over 18).

[Londonbased22]

1. Vary.
2. No. Difference only, I think.
3. See forms for details.
4. Yes. However, over 18 year old child may need FLR(O).
5. KOL required for over 18 year old child as well.

Ask solicitor.

Hi vinny
In reply to 3stars question one about varying the application or new application ,you have suggested vary .
But according to home office guideline ,once you vary an application ,the date of application will be the date of initial application not date of varied application ,will this not cause a problem when counting 10 years long residence here ?

[taz123]

Hello,

I need a help with my application please, i came to UK in 27 sept 2004 and since then i have been extending my visa till 2011 as a student then from 2011 to 2013 i have granted with PSW on the basis of MSc. finally after doing a lots of discussion with solicitors and immigration advisers i have applied for level 8 course (Tier 4 student) for further extension to complete my lawful 10 yrs however my visa got rejected.
I been to FTT refuse again, i went for FTT review decline, now my case is on appeal permission for UTT still awaiting i have completed my 10 yrs as per the law 28 days before.

My lawyer said i need to submit a new application, while appeal is pending (Confused)

I had spoken to HO they said i need to withdraw my appeal and submit a new application as per 3c 3d rule.

My questions are?

Firstly i got 28 days to complete my 10yrs am i be still eligibl to apply for long residency or i have to wait till my 10yrs completed as i'm on 3c 3d rule .
secondly what forms i have to used because some said LR some says Set (o)
Thirdly do i compulsory need to withdraw my appeal and submit new application.
Fourthly i got 2 dependents what forms i have to used for my dependents and what is the procedure?

I have learn many things from this forum but in these circumstances and situation there is no proper solutions or results so please guide me and help me and tell what necessary steps i need to take.....if any one have come across with the same situation please let me know their experience.

all helpful answers are much appreciated