10 year ILR, few queires with my complicated case

[Hardikjshah83]

Hi All Well-wishers on these immigration broad.

My immigration History :

FEB 2004 – Entered UK on Student VISA till 2008.
2008 – 2011 – Student Dependant – wife entered in 2008
2011 – 2013 – 2 years Tier 1 General

My Tier 1 General extension was refused in Aug’13 by HO, as they are not seeing my full income of £44k, instead they seeing £34k(required £40k) not sure why and how, however I have made an appeal

Last week received letter from Appeal Tribunal with the in time appeal hearing date of AUGUST 2014 for myself along with wife and daughter.

Now I believe as my appeal is in time, my current status will be valid until the outcome of the hearing, whereas I am eligible for the ILR on the 10 years basis in January.

Questions :
1. Which form do I need for ILR; SET(LR), FLR(LR) or SET(O)?
2. Do I need to apply for my wife and daughters temporary visa while my ILR is being considered, even though we have until Aug’14 for the Appeal hearing.
3. If I have to apply with my family what form do I need for my wife and daughter, is it SET(M) or FLR (M) (not sure of different between 2 forms)
4. Incase if I don’t hear for my ILR till my hearing in Aug’14, and if my appeal get refused, does it impact my eligibility of ILR?

Many thanks in advance for your kind support on this.

[Damanisshallo]

Hi All Well-wishers on these immigration broad.

My immigration History :

FEB 2004 – Entered UK on Student VISA till 2008.
2008 – 2011 – Student Dependant – wife entered in 2008
2011 – 2013 – 2 years Tier 1 General

My Tier 1 General extension was refused in Aug’13 by HO, as they are not seeing my full income of £44k, instead they seeing £34k(required £40k) not sure why and how, however I have made an appeal

Last week received letter from Appeal Tribunal with the in time appeal hearing date of AUGUST 2014 for myself along with wife and daughter.

Now I believe as my appeal is in time, my current status will be valid until the outcome of the hearing, whereas I am eligible for the ILR on the 10 years basis in January.

Questions :
1. Which form do I need for ILR; SET(LR), FLR(LR) or SET(O)?
SET(LR)

2. Do I need to apply for my wife and daughters temporary visa while my ILR is being considered, even though we have until Aug’14 for the Appeal hearing.

Yes.

3. If I have to apply with my family what form do I need for my wife and daughter, is it SET(M) or FLR (M) (not sure of different between 2 forms)

FLR(M). with a Covering Letter

4. Incase if I don’t hear for my ILR till my hearing in Aug’14, and if my appeal get refused, does it impact my eligibility of ILR?

No, you'd have been covered by Section 3D

Many thanks in advance for your kind support on this.

[Hardikjshah83]

Hi All Well-wishers on these immigration broad.

My immigration History :

FEB 2004 – Entered UK on Student VISA till 2008.
2008 – 2011 – Student Dependant – wife entered in 2008
2011 – 2013 – 2 years Tier 1 General

My Tier 1 General extension was refused in Aug’13 by HO, as they are not seeing my full income of £44k, instead they seeing £34k(required £40k) not sure why and how, however I have made an appeal

Last week received letter from Appeal Tribunal with the in time appeal hearing date of AUGUST 2014 for myself along with wife and daughter.

Now I believe as my appeal is in time, my current status will be valid until the outcome of the hearing, whereas I am eligible for the ILR on the 10 years basis in January.

Questions :
1. Which form do I need for ILR; SET(LR), FLR(LR) or SET(O)?
SET(LR)

2. Do I need to apply for my wife and daughters temporary visa while my ILR is being considered, even though we have until Aug’14 for the Appeal hearing.

Yes.

3. If I have to apply with my family what form do I need for my wife and daughter, is it SET(M) or FLR (M) (not sure of different between 2 forms)

FLR(M). with a Covering Letter

4. Incase if I don’t hear for my ILR till my hearing in Aug’14, and if my appeal get refused, does it impact my eligibility of ILR?

No, you'd have been covered by Section 3D

Many thanks in advance for your kind support on this.

thanks for the quick response, just to double check, i need to apply for my wife's FLR(M) alogn with my set(LR) or should i wait till August and depending on the outcome apply then?

Also as i do not plan to travel while my application is being considered, should i wait for my application for ILR and apply for daughter's British passport straight after( to avoid unnecessary payment via FLR(M)).

Thanks,

[Hardikjshah83]

Can you please confirm, that i can avoid visa fees by only applying for myself and my wife. where i can wait for my ILR decision and then apply for my 3 year old british born daughter.

[Hardikjshah83]

also on form in section C4 i have to answer if i include my passport with yes or no(go to C5), c5 only got option lost/stolen/expired-return to national authorities.

[Damanisshallo]

Can you please confirm, that i can avoid visa fees by only applying for myself and my wife. where i can wait for my ILR decision and then apply for my 3 year old british born daughter.

Refer to Q29 to Q32

[Hardikjshah83]

Hi All Well-wishers on these immigration broad.

My immigration History :

FEB 2004 – Entered UK on Student VISA till 2008.
2008 – 2011 – Student Dependant – wife entered in 2008
2011 – 2013 – 2 years Tier 1 General

My Tier 1 General extension was refused in Aug’13 by HO, as they are not seeing my full income of £44k, instead they seeing £34k(required £40k) not sure why and how, however I have made an appeal

Last week received letter from Appeal Tribunal with the in time appeal hearing date of AUGUST 2014 for myself along with wife and daughter.

Now I believe as my appeal is in time, my current status will be valid until the outcome of the hearing, whereas I am eligible for the ILR on the 10 years basis in January.

Questions :
1. Which form do I need for ILR; SET(LR), FLR(LR) or SET(O)?
SET(LR)

2. Do I need to apply for my wife and daughters temporary visa while my ILR is being considered, even though we have until Aug’14 for the Appeal hearing.

Yes.

3. If I have to apply with my family what form do I need for my wife and daughter, is it SET(M) or FLR (M) (not sure of different between 2 forms)

FLR(M). with a Covering Letter

4. Incase if I don’t hear for my ILR till my hearing in Aug’14, and if my appeal get refused, does it impact my eligibility of ILR?

No, you'd have been covered by Section 3D

Many thanks in advance for your kind support on this.

thanks for the quick response, just to double check, i need to apply for my wife's FLR(M) alogn with my set(LR) or should i wait till August and depending on the outcome apply then?

Also as i do not plan to travel while my application is being considered, should i wait for my application for ILR and apply for daughter's British passport straight after( to avoid unnecessary payment via FLR(M)).

Thanks,

Hi Damanisshallo - can you please advise if i apply for my ILR this month, do i have to withdraw my appeal that is due to be heard in Aug'14, as i hv seen a note saying there should only be an applicaiton with HO.

also, should i just tick yes in the application form where it says passport attached - and write in covering letter to refer to old application for passport and other documents.