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10 years long residence applications

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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KashRIz
Member
Posts: 214
Joined: Tue Jan 28, 2014 2:45 pm

Re: 10 years long residence applications

Post by KashRIz » Wed Mar 19, 2014 1:18 am

If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).
2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:

http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.




4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).


So basically you are saying that they are abolishing this transitional period structure. May be you are right but we have to wait till 6th April . I m still waiting for my application result so I cant apply before 6th April for my Mrs. I hope and pray that this is not the case and they will keep this transitional period in place.
Freedom is every thing.....simply loving it.

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: 10 years long residence applications

Post by ahyang0129 » Wed Mar 19, 2014 1:27 am

KashRIz wrote: So basically you are saying that they are abolishing this transitional period structure. May be you are right but we have to wait till 6th April . I m still waiting for my application result so I cant apply before 6th April for my Mrs. I hope and pray that this is not the case and they will keep this transitional period in place.
I believe your partner can apply for FLR(M) now (via post obviously). See When to apply for FLR(M)?

KashRIz
Member
Posts: 214
Joined: Tue Jan 28, 2014 2:45 pm

Re: 10 years long residence applications

Post by KashRIz » Wed Mar 19, 2014 1:37 am

ahyang0129 wrote:
KashRIz wrote: So basically you are saying that they are abolishing this transitional period structure. May be you are right but we have to wait till 6th April . I m still waiting for my application result so I cant apply before 6th April for my Mrs. I hope and pray that this is not the case and they will keep this transitional period in place.
I believe your partner can apply for FLR(M) now (via post obviously). See When to apply for FLR(M)?
She has a leave upto april 2016. Can she still apply now via post??
Freedom is every thing.....simply loving it.

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: 10 years long residence applications

Post by ahyang0129 » Wed Mar 19, 2014 1:46 am

KashRIz wrote:
ahyang0129 wrote:
KashRIz wrote: So basically you are saying that they are abolishing this transitional period structure. May be you are right but we have to wait till 6th April . I m still waiting for my application result so I cant apply before 6th April for my Mrs. I hope and pray that this is not the case and they will keep this transitional period in place.
I believe your partner can apply for FLR(M) now (via post obviously). See When to apply for FLR(M)?
She has a leave upto april 2016. Can she still apply now via post??
She can apply at anytime. In fact if she needs to travel abroad and during this period you get your ILR, she might be refused to enter since she can no longer considered as a PBS dependent. This is why in the post it is advised that people should apply before they travel outside CTA.

KashRIz
Member
Posts: 214
Joined: Tue Jan 28, 2014 2:45 pm

Re: 10 years long residence applications

Post by KashRIz » Wed Mar 19, 2014 1:57 am

I believe your partner can apply for FLR(M) now (via post obviously). See When to apply for FLR(M)?[/quote]

She has a leave upto april 2016. Can she still apply now via post??[/quote]

She can apply at anytime. If fact if she needs to travel abroad and during this period you get your ILR, she might be refused to enter since she can no longer considered as a PBS dependent. This is why in the post it is advised that people should apply before they travel outside CTA.[/quote]

Ok So you are suggesting me to send her application now and wait. What if they say that ur partners application is not decided yet then y r u applying now?...
Freedom is every thing.....simply loving it.

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: 10 years long residence applications

Post by ahyang0129 » Wed Mar 19, 2014 2:26 am

KashRIz wrote: Ok So you are suggesting me to send her application now and wait. What if they say that ur partners application is not decided yet then y r u applying now?...
The only thing said on the FLR(M) form and guidance notes and on gov.uk is that you have apply before your visa expires. It is unlike SET(LR) application. I'm not sure if this answer is satisfactory though...

KashRIz
Member
Posts: 214
Joined: Tue Jan 28, 2014 2:45 pm

Re: 10 years long residence applications

Post by KashRIz » Wed Mar 19, 2014 8:11 am

The only thing said on the FLR(M) form and guidance notes and on gov.uk is that you have apply before your visa expires. It is unlike SET(LR) application. I'm not sure if this answer is satisfactory though...[/quote]

Thank you very much for information.
Freedom is every thing.....simply loving it.

rajamahbub
Newbie
Posts: 31
Joined: Thu Feb 20, 2014 8:51 am

Re: 10 years long residence applications

Post by rajamahbub » Wed Mar 19, 2014 8:55 am

I have been a silent reader of this forum for so long and thought I should update you guys about my application.
But I am concerned after reading some recent comments about changes to dependent route! So changes mean If I don't receive my application before 6th of April my wife has to wait another 5 years despite she is been in UK for 5 years!

Application Sent:01/02/2014
Payment Taken out:05/02/2014
Ackn letter:13/02/2014
Bio letter rec:17/02/2014
Biometrics enrll:18/02/2014
Approval: Waiting

Alexy1
Newly Registered
Posts: 9
Joined: Wed Mar 19, 2014 9:54 am

Re: 10 years long residence applications

Post by Alexy1 » Wed Mar 19, 2014 10:52 am

Please, I will be happy if any forum members can clarify the 28 days required to make any postal applications. Is this 28 working days(without weekend) or 28 days including weekend?

Ali1975
Junior Member
Posts: 84
Joined: Thu Feb 28, 2013 10:01 pm

Re: 10 years long residence applications

Post by Ali1975 » Wed Mar 19, 2014 11:03 am

Alexy1 wrote:Please, I will be happy if any forum members can clarify the 28 days required to make any postal applications. Is this 28 working days(without weekend) or 28 days including weekend?
28 days including weekends, for example if some one completing 10 years on 31 March 2014, he can apply for ILR on 4 March 2014 before 28 days , I think this helps. Thanks

maaan143
Newbie
Posts: 49
Joined: Mon Jun 28, 2010 8:29 pm
Location: London

Re: 10 years long residence applications

Post by maaan143 » Wed Mar 19, 2014 11:10 am

Hello. Amber , Vinney and other Gurus

its very important question

Can PBS dependants( came before 09 July 2012) apply for FLR(M) while their partners are waiting for decision on SET(LR)?

if yes, then

What will happen if they get FLR(M) alongwith their partners ILR?

Will PBS dependants still be treated through new rules (according to HC 1138)? OR

They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). Their partners can still apply through FLR(M) alongwith a cover letter which is available on skydrive.

KashRIz
Member
Posts: 214
Joined: Tue Jan 28, 2014 2:45 pm

Re: 10 years long residence applications

Post by KashRIz » Wed Mar 19, 2014 11:14 am

maaan143 wrote:Hello. Amber , Vinney and other Gurus

its very important question

Can PBS dependants( came before 09 July 2012) apply for FLR(M) while their partners are waiting for decision on SET(LR)?

if yes, then

What will happen if they get FLR(M) alongwith their partners ILR?

Will PBS dependants still be treated through new rules (according to HC 1138)? OR

They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.


Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.
Freedom is every thing.....simply loving it.

maaan143
Newbie
Posts: 49
Joined: Mon Jun 28, 2010 8:29 pm
Location: London

Re: 10 years long residence applications

Post by maaan143 » Wed Mar 19, 2014 11:21 am

KashRIz wrote:
maaan143 wrote:Hello. Amber , Vinney and other Gurus

its very important question

Can PBS dependants( came before 09 July 2012) apply for FLR(M) while their partners are waiting for decision on SET(LR)?

if yes, then

What will happen if they get FLR(M) alongwith their partners ILR?

Will PBS dependants still be treated through new rules (according to HC 1138)? OR

They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.


Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.
I knw that they can apply, a friend of mine applied few months ago with his application for his partner and they got that even his partner has 2 years left on visa.

KashRIz
Member
Posts: 214
Joined: Tue Jan 28, 2014 2:45 pm

Re: 10 years long residence applications

Post by KashRIz » Wed Mar 19, 2014 11:31 am

They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.[/quote]
[/color]
Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.[/quote]

I knw that they can apply, a friend of mine applied few months ago with his application for his partner and they got that even his partner has 2 years left on visa.[/quote]

Did they apply together??? I have already sent my application.
Freedom is every thing.....simply loving it.

maaan143
Newbie
Posts: 49
Joined: Mon Jun 28, 2010 8:29 pm
Location: London

Re: 10 years long residence applications

Post by maaan143 » Wed Mar 19, 2014 11:57 am

KashRIz wrote:They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.
[/color]
Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.[/quote]

I knw that they can apply, a friend of mine applied few months ago with his application for his partner and they got that even his partner has 2 years left on visa.[/quote]

Did they apply together??? I have already sent my application.[/quote]

He applied with his application but you can apply after as well. i got same timeline as you , i applied on 06 Jan 2014 and still waiting for decision. I think if they treat our partners through old rules then we should apply by post before 06 April 2014. i have also request UKVI for this explanation yesturday and waiting for their reply. I can send you that email copy if you want.

KashRIz
Member
Posts: 214
Joined: Tue Jan 28, 2014 2:45 pm

Re: 10 years long residence applications

Post by KashRIz » Wed Mar 19, 2014 12:13 pm

maaan143 wrote:
KashRIz wrote:They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.
[/color]
Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.
I knw that they can apply, a friend of mine applied few months ago with his application for his partner and they got that even his partner has 2 years left on visa.[/quote]

Did they apply together??? I have already sent my application.[/quote]

He applied with his application but you can apply after as well. i got same timeline as you , i applied on 06 Jan 2014 and still waiting for decision. I think if they treat our partners through old rules then we should apply by post before 06 April 2014. i have also request UKVI for this explanation yesturday and waiting for their reply. I can send you that email copy if you want.[/quote]

Thats wonderful, so we should wait for UKVI and apply before april 6. Thanks mate...
Freedom is every thing.....simply loving it.

Alexy1
Newly Registered
Posts: 9
Joined: Wed Mar 19, 2014 9:54 am

Re: 10 years long residence applications

Post by Alexy1 » Wed Mar 19, 2014 12:35 pm

Many thanks for yr reply

maaan143
Newbie
Posts: 49
Joined: Mon Jun 28, 2010 8:29 pm
Location: London

Re: 10 years long residence applications

Post by maaan143 » Wed Mar 19, 2014 12:36 pm

KashRIz wrote:
maaan143 wrote:
KashRIz wrote:They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.
[/color]
Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.
I knw that they can apply, a friend of mine applied few months ago with his application for his partner and they got that even his partner has 2 years left on visa.
Did they apply together??? I have already sent my application.[/quote]

He applied with his application but you can apply after as well. i got same timeline as you , i applied on 06 Jan 2014 and still waiting for decision. I think if they treat our partners through old rules then we should apply by post before 06 April 2014. i have also request UKVI for this explanation yesturday and waiting for their reply. I can send you that email copy if you want.[/quote]

Thats wonderful, so we should wait for UKVI and apply before april 6. Thanks mate...[/quote]


We got same situation, can u give me ur email address , we prob will talk on fone after

Alexy1
Newly Registered
Posts: 9
Joined: Wed Mar 19, 2014 9:54 am

Re: 10 years long residence applications

Post by Alexy1 » Wed Mar 19, 2014 1:00 pm

I won an appeal on flro at the 1st tier tribunal but the home office challenged this appeal at upper tribunal and the hearing date for the appeal at upper tribunal will be around September 2014
However, I am now eligible to apply for indefinite leave on the basis of 10-year long residence.

PLEASE, CAN I SUMBIT MY APPLICATION FOR INDEFINITE LEAVE TO REMAIN NOW OR WAIT TILL HEARING DAY IN SEPTEMBER?

Remember, I was not the one that applied to the upper tribunal so I cannot withdraw the appeal.

Thanks

KashRIz
Member
Posts: 214
Joined: Tue Jan 28, 2014 2:45 pm

Re: 10 years long residence applications

Post by KashRIz » Wed Mar 19, 2014 1:24 pm

He applied with his application but you can apply after as well. i got same timeline as you , i applied on 06 Jan 2014 and still waiting for decision. I think if they treat our partners through old rules then we should apply by post before 06 April 2014. i have also request UKVI for this explanation yesturday and waiting for their reply. I can send you that email copy if you want.[/quote]

Thats wonderful, so we should wait for UKVI and apply before april 6. Thanks mate...[/quote]


We got same situation, can u give me ur email address , we prob will talk on fone after[/quote]


I sent you a PM....
Freedom is every thing.....simply loving it.

migrant80
Junior Member
Posts: 54
Joined: Mon Jun 17, 2013 9:13 pm
Location: london

Re: 10 years long residence applications

Post by migrant80 » Wed Mar 19, 2014 1:44 pm

Alexy1 wrote:I won an appeal on flro at the 1st tier tribunal but the home office challenged this appeal at upper tribunal and the hearing date for the appeal at upper tribunal will be around September 2014
However, I am now eligible to apply for indefinite leave on the basis of 10-year long residence.

PLEASE, CAN I SUMBIT MY APPLICATION FOR INDEFINITE LEAVE TO REMAIN NOW OR WAIT TILL HEARING DAY IN SEPTEMBER?

Remember, I was not the one that applied to the upper tribunal so I cannot withdraw the appeal.

Thanks
you can find information in the following link
https://www.gov.uk/government/publicati ... d-3d-leave

NasirNNN
- thin ice -
Posts: 142
Joined: Thu Feb 10, 2011 5:06 pm
Location: London

Re: 10 years long residence applications

Post by NasirNNN » Wed Mar 19, 2014 2:14 pm

Hi

Can somebody reply me as i have applied for ILR yesterday but through this forum i come to know that dependent of ILR rules changing from 06/04/2014.My concern is does this mean that dependent of ILR(LR) have to stay for 5 years in uk before they can apply for ILR even they came as dependent of PBS before July 2012?

And other thing is my wife has Mphil from pakistan i know that my wife need certificate from NARIC,but NARIC has two categories one is for Comparability and other for English Language.Which she should apply for purpose of FLR(M).

Kind Regard

March_LR14
Member
Posts: 209
Joined: Wed Jan 15, 2014 12:20 pm

Re: 10 years long residence applications

Post by March_LR14 » Wed Mar 19, 2014 3:01 pm

NasirNNN wrote:Hi

Can somebody reply me as i have applied for ILR yesterday but through this forum i come to know that dependent of ILR rules changing from 06/04/2014.My concern is does this mean that dependent of ILR(LR) have to stay for 5 years in uk before they can apply for ILR even they came as dependent of PBS before July 2012?

And other thing is my wife has Mphil from pakistan i know that my wife need certificate from NARIC,but NARIC has two categories one is for Comparability and other for English Language.Which she should apply for purpose of FLR(M).

Kind Regard
Hi,

Can you please share your timeline.

Application sent:
Acknowledgement Letter:
Bio Invitation:
Bio Enrolment:
Approved:

Please have a look at the below link and you will find useful information about processing time.

https://onedrive.live.com/view.aspx?res ... 6R3aFEbvZw

Thanks

NasirNNN
- thin ice -
Posts: 142
Joined: Thu Feb 10, 2011 5:06 pm
Location: London

Re: 10 years long residence applications

Post by NasirNNN » Wed Mar 19, 2014 3:09 pm

March_LR14 wrote:
NasirNNN wrote:Hi

Can somebody reply me as i have applied for ILR yesterday but through this forum i come to know that dependent of ILR rules changing from 06/04/2014.My concern is does this mean that dependent of ILR(LR) have to stay for 5 years in uk before they can apply for ILR even they came as dependent of PBS before July 2012?

And other thing is my wife has Mphil from pakistan i know that my wife need certificate from NARIC,but NARIC has two categories one is for Comparability and other for English Language.Which she should apply for purpose of FLR(M).

Kind Regard
Hi,

Can you please share your timeline.

I sent application on 17/03/14 and Home Office received it on 18/03/14.I will update when i get confirmation letter and BPR invitation.

Kind Regards

Application sent:17/03/14
Acknowledgement Letter:
Bio Invitation:
Bio Enrolment:
Approved:

Please have a look at the below link and you will find useful information about processing time.

https://onedrive.live.com/view.aspx?res ... 6R3aFEbvZw

Thanks

March_LR14
Member
Posts: 209
Joined: Wed Jan 15, 2014 12:20 pm

Re: 10 years long residence applications

Post by March_LR14 » Wed Mar 19, 2014 3:21 pm

NasirNNN wrote:
March_LR14 wrote:
NasirNNN wrote:Hi

Can somebody reply me as i have applied for ILR yesterday but through this forum i come to know that dependent of ILR rules changing from 06/04/2014.My concern is does this mean that dependent of ILR(LR) have to stay for 5 years in uk before they can apply for ILR even they came as dependent of PBS before July 2012?

And other thing is my wife has Mphil from pakistan i know that my wife need certificate from NARIC,but NARIC has two categories one is for Comparability and other for English Language.Which she should apply for purpose of FLR(M).

Kind Regard
Hi,

Can you please share your timeline.

I sent application on 17/03/14 and Home Office received it on 18/03/14.I will update when i get confirmation letter and BPR invitation.

Kind Regards

Application sent:17/03/14
Acknowledgement Letter:
Bio Invitation:
Bio Enrolment:
Approved:

Please have a look at the below link and you will find useful information about processing time.

https://onedrive.live.com/view.aspx?res ... 6R3aFEbvZw

Thanks
Thanks Nasir,

I have posted my application today and i have used Postal orders for payment.

Hopefully we will get the reply in 3 months.

Thanks

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