10 years long residence applications

[october2013]

Hello House. Can you pls advise me.
I am a PHD dependant and my husband, son and I applied for FLR O 7 yr rule last yr which was declined. We appealed but lost. We then had a hearing. It's 3 months since the hearing and still waiting for the decision from the court.
In the meantime I have clocked 10 yrs. Am I able to apply for my ILR without the decision from the courts?
Also what type of letter can I get from my GP as they are sayin they don't give letters to the HO.
can I make an application by myself without a solicitor as we have already spent thousands of pounds on d FLR O app thru to the 2 appeals on solicitors fees
My hubby isn't able 2 apply for his ilr as he had a break during his stay so we are hoping that if I get my ILR, it would be easier for us all. Your advise is very much needed and welcome.

You can apply your ILR using SET LR application providing you have completed your full 10 yrs residency legally in this country. As you appeal period is covered under 3D then your current stay is legitimate and will be counted towards your 10 yrs legal stay in this country. You need withdraw your current appeal and apply SET LR application. But withdrawing appeal and apply a fresh SET LR application is a bit tricky so you need to ask a qualified solicitor about this process and act cautiously without creating any adverse effect on your long residency.

Thank you for the reply. We have already had the appeal hearing just waiting for the decision. We have been waiting for 3 months now so do I still need to withdraw or how does this work?

[Shahkakaram]

Sorry to ask if its all ready discussed earlier. My wife need to apply for flr (m). She arrived and joined since 2011. As i was student during the time of my application do i need to fullfill £18600? If yes how as not allowed to work fulltime. Also is she need to submit any A1/B1 English certificate? Need to apply in November. Some senior members please advice.
Thanks

Hello ronzie ,

As you said you were not allowed to work full time then ofcourse you could not make up £18600 in one year easily ...so if you will apply flr(m) your wife application will refused because you didnt meet the financial requirement for any reason ...please read the eligibility criteria in more detail in the following link

https://www.gov.uk/remain-in-uk-family/eligibility

from APRIL 2014 Its doesn't matter when she entered in UK , her clock will start to qualify for ILR after she will granted for FLR(M) for (2.5 years + 2.5 years = ILR eligible ) ...

but probably your wife visa was also running out and she is with you in UK so she can apply for FLR(FP) because you can not apply for flr(m) just because you are not meeting the income criteria and if you will apply it ...they will straight away refuse your wife visa and you will loose your money and time as well , so better apply for FLR(FP) ..from your time line you have just enrolled your bio metric but you didn't mention when your wife visa is expiring , well when ever , write a cover letter to explain them main applicant application is under process and you want to apply for flr(fp) , if your case will be successful then they will grant her further leave to remain for probably 2 years but the time she spent under flr(fp) visa will not count towards her time to qualify for ILR , in flr(fp) she will have right to work as well so after that you have to meet the income criteria to apply for her flr(m) and then her clock towards ILR will starts after she will get flr(m) approval ...

i am afraid its bit long journey but this is the way your wife application will go smoothly ,
guidance for flr(fp) app is given below , kindly read it

https://www.gov.uk/government/uploads/s ... _08-14.pdf

yes and she need to provide A1 English test for flr(fp) and this english test will also needed for flr(m)
You have passed an English language test in speaking and listening at level A1 of the
Common European Framework of Reference or above, with a Home Office approved
provider

hope its helps ,
best of luck with your app
Regards ,
S,Akaram

[Shahkakaram]

Hello House. Can you pls advise me.
I am a PHD dependant and my husband, son and I applied for FLR O 7 yr rule last yr which was declined. We appealed but lost. We then had a hearing. It's 3 months since the hearing and still waiting for the decision from the court.
In the meantime I have clocked 10 yrs. Am I able to apply for my ILR without the decision from the courts?
Also what type of letter can I get from my GP as they are sayin they don't give letters to the HO.
can I make an application by myself without a solicitor as we have already spent thousands of pounds on d FLR O app thru to the 2 appeals on solicitors fees
My hubby isn't able 2 apply for his ilr as he had a break during his stay so we are hoping that if I get my ILR, it would be easier for us all. Your advise is very much needed and welcome.

Dear October 2013 ,

Welcome to the forum /house

Totally agree with arsal385,

You are eligible for SET(LR) if your clock strikes to the 10th Anniversary ,
Very good question you have asked , wether wait for the decision or to withdraw the appeal ? .....sorry i am not sure but can you please wait for any other member to reply you on it or seek a professional advice what is the procedure to follow ...make sure you follow the correct procedure ....
once you know the procedure you can also apply your self , applying for SET(LR) is not that difficult process but to be very honest you are worrying about the right thing ...with draw or with out with draw
as far as i remember there is one question in ILR APP that currently is there any app pending with us ?
i don't think so why you need any letter from GP i am afraid ? there is no need of it at all ....can you tell us why you were asking about GP letter ?

if i were you i would probably go with the qualified solicitor or atleast find out the correct procedure if i am applying my self

i am sorry couldn't help you much
wait for more response ......specially Dr Shahjee

Best of luck
Regards
S.Akaram

[jigars143]

[quote="fielddrive"

not having the correct address on your licence can land you with a £1000 fine... get the address corrected mate not worth the risk

Ignore the above poster. It won't cause you any problem even you can choose any correspondence address for application even an entirely different address then where you live. Moreover, if you have redirection/have access to that address where driving licence is registered then you should be totally mind free otherwise simply and freely send the counterpart and licence back to DVLA for change of address and you will new one between 7-14 days.


you obviously dont either have a driving licence or are ignorant of your responsibilities as a driving licence holder.

anyone who fails to update the address on their driving licence is at risk of a fine of £1000. here is a link for reference:

http://www.yourmoney.com/your-money/new ... ng-license

http://www.saintsweb.co.uk/showthread.p ... DbUUhZx2tc

also you should research your answers, let me help you with that:

http://lmgtfy.com/?q=dvla+address+fine

Can't control to smile over your innocence/negligence in understanding this dilemma but repeating now again in simple words. If the holder has access to that address through royal mail redirection or one of their relative/family member/friend live on that address to who holder usually visit then he won't be fine such otherwise changing address in earlier stage is best which is free. Remember many people have access to more than one addresses and as long as they have access they are safe although changing it wise. Hope now you get it.

Universal Soldier. My question is different to what you have replied. If I have a driving Licence registered at the other address, would it matter when I apply for ILR. I mean, will HO check whether the Driving Licence is registered at the same address or not under the Good Character part of application???

[Arsal385]

Dear October 2013 ,

Welcome to the forum /house

Totally agree with arsal385,

You are eligible for SET(LR) if your clock strikes to the 10th Anniversary ,
Very good question you have asked , wether wait for the decision or to withdraw the appeal ? .....sorry i am not sure but can you please wait for any other member to reply you on it or seek a professional advice what is the procedure to follow ...make sure you follow the correct procedure ....
once you know the procedure you can also apply your self , applying for SET(LR) is not that difficult process but to be very honest you are worrying about the right thing ...with draw or with out with draw
as far as i remember there is one question in ILR APP that currently is there any app pending with us ?
i don't think so why you need any letter from GP i am afraid ? there is no need of it at all ....can you tell us why you were asking about GP letter ?

if i were you i would probably go with the qualified solicitor or atleast find out the correct procedure if i am applying my self

i am sorry couldn't help you much
wait for more response ......specially Dr Shahjee

Best of luck
Regards
S.Akaram

Agreed with S.Akaram, applying through SET LR is fairly straight forward process. All you need to have is your passports covered your whole 10 yrs period. 2 passport size pics as per HO requirements. Life in the UK test result original and your English language requirement either by passing UK degree or any HO approved English language test result. so you can apply on your own without getting solicitor help. However, timing is the most important thing in your case that's why we are suggesting you to take advice form a qualified solicitor about when to withdraw your current appeal and when to apply for SET LR. Let me reiterate that you have to be very careful whilst doing this process so that it does not effect your 10 yrs long residency just for any minor mistake.

Also wait for our highly esteemed Dr Shahjee as at the moment he is the most senior expert in this forum. He comes here intermittently but will definitely give you better advice than us.

Goodluck.

[MARK81]

My timeline:
Application Sent: 29/10/2014
Ackn letter:
Bio letter:
Biometrics enroll:
Approve:
Document:

[ronzie]

Sorry to ask if its all ready discussed earlier. My wife need to apply for flr (m). She arrived and joined since 2011. As i was student during the time of my application do i need to fullfill £18600? If yes how as not allowed to work fulltime. Also is she need to submit any A1/B1 English certificate? Need to apply in November. Some senior members please advice.
Thanks

Hello ronzie ,

As you said you were not allowed to work full time then ofcourse you could not make up £18600 in one year easily ...so if you will apply flr(m) your wife application will refused because you didnt meet the financial requirement for any reason ...please read the eligibility criteria in more detail in the following link

https://www.gov.uk/remain-in-uk-family/eligibility

from APRIL 2014 Its doesn't matter when she entered in UK , her clock will start to qualify for ILR after she will granted for FLR(M) for (2.5 years + 2.5 years = ILR eligible ) ...

but probably your wife visa was also running out and she is with you in UK so she can apply for FLR(FP) because you can not apply for flr(m) just because you are not meeting the income criteria and if you will apply it ...they will straight away refuse your wife visa and you will loose your money and time as well , so better apply for FLR(FP) ..from your time line you have just enrolled your bio metric but you didn't mention when your wife visa is expiring , well when ever , write a cover letter to explain them main applicant application is under process and you want to apply for flr(fp) , if your case will be successful then they will grant her further leave to remain for probably 2 years but the time she spent under flr(fp) visa will not count towards her time to qualify for ILR , in flr(fp) she will have right to work as well so after that you have to meet the income criteria to apply for her flr(m) and then her clock towards ILR will starts after she will get flr(m) approval ...

i am afraid its bit long journey but this is the way your wife application will go smoothly ,
guidance for flr(fp) app is given below , kindly read it

https://www.gov.uk/government/uploads/s ... _08-14.pdf

yes and she need to provide A1 English test for flr(fp) and this english test will also needed for flr(m)
You have passed an English language test in speaking and listening at level A1 of the
Common European Framework of Reference or above, with a Home Office approved
provider

hope its helps ,
best of luck with your app
Regards ,
S,Akaram

Hello S Akram Vi,

Thanks for your reply.

My wife visa will ending next month. I am little bit confused as you said regarding Flr(M) & Flr(FP). I spoke to one solicitor this week and he advice me she only need to meet English requirements but as transitional period £18600 waved as she came as a spouse since 2011 and can apply flr(m) but i want to confirm before applying as don't want to pay twice to HO and any trouble. Also during last 3 years we need to extend 2 times and she granted spouse as a PBS dependant in both occasion. Also the solicitor advice me she can apply ILR after her 5 year period which is 2016.

What do you advice me? your details advice is much appreciated.

Thanks

[moonwalk30]

Hello,

Could anyone please share a Fax number for HO Liverpool offices that deals with LR ILR application?

Thanks

[Arsal385]

[/quote]


Hello S Akram Vi,

Thanks for your reply.

My wife visa will ending next month. I am little bit confused as you said regarding Flr(M) & Flr(FP). I spoke to one solicitor this week and he advice me she only need to meet English requirements but as transitional period £18600 waved as she came as a spouse since 2011 and can apply flr(m) but i want to confirm before applying as don't want to pay twice to HO and any trouble. Also during last 3 years we need to extend 2 times and she granted spouse as a PBS dependant in both occasion. Also the solicitor advice me she can apply ILR after her 5 year period which is 2016.

What do you advice me? your details advice is much appreciated.

Thanks[quote]
There are two points worth noted in your queries.

It is true for all those who arrived in the UK prior to 9 July 2012 will just need to show maintenance funds for the last 3 months rather than 18.6K salary threshold in their FLR (M) application.

However, If you want your spouse to be eligible for ILR in 2016 then you must extend her stay using PBS dependent form and apply your extension through PBS application and not by using FLR (M) and SET (LR) for yourself. it is because anyone who is using FLR (M) application will get their previous stay disallowed and their time starts when they get their visa through FLR (M).

[Arsal385]

Hi
I am submitting my ILR application on Saturday. I have attached a set of photocopy of everything except the application form. My question is do you recommend to provide photocopy of the application form too?

No for application but yes for other documents incl. your passports first pages and all visa endorsement pages.

[maddysheffield]

HI EVERYONE,

I applied for ILR in 25 th september 2014 and I received acknowledgement with in a week but the HO guys didn't write the full address However I recieved it example he mentioned Flat 1 and then no house number and rest of address was correct .... luckily I received the letter However, My question is that if they put the same address for biometric I| might not receive it what should I do ?

Can I contact home office and inform them that the address was in correct on acknowledgement? if so what number do I call

Or wait for more 2 weeks and then call HO asking for Bio invitation letter ? Please advise .

and finally I send bankers Draft to HO ....called my bank and they said they cannot confirm if someone has taken paymnet ...how can I check if HO taken the payment ?

Thanks in advance
sheff

[moonwalk30]

HI EVERYONE,

and finally I send bankers Draft to HO ....called my bank and they said they cannot confirm if someone has taken paymnet ...how can I check if HO taken the payment ?

Which bank you deal with?
Thanks in advance
sheff

Which bank you deal with?

There is a trail of paper work behind every Cheque,Draft that banks issue.

Your bank(issuer) will check the details of draft that you sent with your application when HO sends it to your bank for clearance and your bank will only release the funds once details of that draft match up with your bank's internal records.

Customer service at Lloyds tried to tell me same nonsense that they are unable to check if draft has been cashed or not but they ended up paying me £100 for the caused inconvenience by them and confirmed the date when draft was paid to HO after I complained about their staff being useless.

I would suggest that you call you bank again and don't take No for an answer, customer service agents of your bank can check if draft has been cashed or not as yet but they would need to make some efforts by calling their head office etc for which they generally can't be bothered.

[Shahkakaram]

Hello S Akram Vi,

Thanks for your reply.

My wife visa will ending next month. I am little bit confused as you said regarding Flr(M) & Flr(FP). I spoke to one solicitor this week and he advice me she only need to meet English requirements but as transitional period £18600 waved as she came as a spouse since 2011 and can apply flr(m) but i want to confirm before applying as don't want to pay twice to HO and any trouble. Also during last 3 years we need to extend 2 times and she granted spouse as a PBS dependant in both occasion. Also the solicitor advice me she can apply ILR after her 5 year period which is 2016.

What do you advice me? your details advice is much appreciated.

Thanks

Dear,

I am not agreed here with Arsal on the forms option ....Yes ARsal is right that as she came here before 9th july 2012 then don't need to show the income threshold , HO rules are very much clear about it however happy to here that if still some thing there to wave the £18600 i am personally interested in it ..... so my humble request to you please share any update if you find some thing different from our understanding ...if possible share the link as well

link :-https://www.gov.uk/government/uploads/s ... _08-14.pdf

an extract on information on page 8 :-

d) You must meet the financial requirement
You need to meet the financial requirement if you made your first application to enter or
remain here as a partner after 9th July 2012, or if your last leave was granted as a partner of a
Relevant Points Based system migrant


My Apologies i have missed the date your wife arrived ...
see the version of the link above its 08/2014 so you can apply for FLR(M) and you not suppose to go for flr(fP) because you don't need to show threshold income but applying through pbs dependant system is not correct and her clock will start for ilr after spending 5 years as your dependant ...( debateable )
Time and again this question become the FAQ and Dr Shahjee also cleared this to again and again so here let me link you that page on this forum where he mentioned about transational period time which was only effective before 6th April 2014 ..page number is 834 and the extract of his post :-

Hi KA941,
Well unfortunately you are right, the rules regards to the dependents of People who got ILR through 10 years long residency, have changed since April 2014. There is no straight applications for ILR for them, they have to apply first to convert their status to that of dependents of a settled person i.e YOU, through application form FLR(M), income And maintenance requirements apply on that.
Any dependents who will apply as dependents of settled person through Long residency, their time to qualify will start again from scratch, the clock goes back to zero for them,any time that's hey have spend in the country already is null and void. They have to start a new qualifying period and that starts from the date they get their initial grant of FLR(M) for 2.5 years, that is extendable for another 2.5 years to take them to a total of 5 years to qualify them for the ILR through SET(M).
Regards to pre July 2012 dependents, the transitional arrangements were there for any of them if they would have applied their FLR(m) before 6th April 2014, as that date is gone, hence any pre July 2012 PBS dependents have lost their claim on the transitional arrangements.
I am really sorry again that there is no many positives for you in the situation, but what is important is for you to get your ILR sorted and although the dependents might take a bit longer but at least you are guaranteed that they will be sorted eventually.
All the best with your future application


According to my understanding shahjee is right but if there are still some misunderstanding kindly share it here ...
And not only the above post but there are so many other post where some one has shared the link related to this issue as well before ...
shahjee: hope you will forgive me for your copy act right ;) but i know you will be more delighted that your post is ever blue but in essence is the golden words

Still , if you and any other members on this forum found any thing different please share here , i never mean mine , shahjee and all other members suggestion or understanding is the only right option or suggestion ...so welcome all post
regarding any update of (ILR , VISAS ) are welcome ...we can argue on it ,...we may have differences but by doing so the members who is actually seeking for some thing will atleast get an idea what other options are still available and what will be longer , shorter route to solve any problem or some of the rules are no more valid and solicitors are misguiding you regarding it .....

My humble apologies to all members if they have got totally different opinion in this regard ..please share more things with the links where ever possible .....

Transitional period , PBS depandant system is still very confusing ....

Looking forward to your reply ,
Regards ,
S.Akaram

[ashphoenix]

@Arsal385
Thanks for reply. Yes, my husband's payment has gone through and yes, I've phoned my credit card company and advised them about the big transaction. I've also phoned HO to advise about my situation. I don't know what else to do as, if my husband's application comes back after the 14th Oct, he'll need to leave the country right? IS it normal for HO to delay collecting payment?

If you husband payment has taken smoothly then it will be processed as usual and will not come back that's for sure.His application process has nothing to do with your application payment. However, as you have already discussed this with HO so they are aware of the situation.I hope your payment will go through smoothly without any issue but in worst case If for some reason you will get your application back then you should send your application again within 28 days of your visa expiry date then it will be OK plus for safe side try to send your payment this time with banker draft or postal order so there wont be any non payment issued. Also if you send pre-paid envelope then you can track your application return on royalmail website.

@Arsal385
Thanks again for the reply. Do you know how quickly does HO send back application if they can't take payment? Also, is it common for delays in payment processing? It's so confusing and nerve wrecking Wish I hadn't made the mistake of sending the wrong version of the application! Has anyone else experienced delays in payment processing when you haven't made a mistake in payment details?

[maddysheffield]

HI EVERYONE,

and finally I send bankers Draft to HO ....called my bank and they said they cannot confirm if someone has taken paymnet ...how can I check if HO taken the payment ?

Which bank you deal with?
Thanks in advance
sheff

Which bank you deal with?

There is a trail of paper work behind every Cheque,Draft that banks issue.

Your bank(issuer) will check the details of draft that you sent with your application when HO sends it to your bank for clearance and your bank will only release the funds once details of that draft match up with your bank's internal records.

Customer service at Lloyds tried to tell me same nonsense that they are unable to check if draft has been cashed or not but they ended up paying me £100 for the caused inconvenience by them and confirmed the date when draft was paid to HO after I complained about their staff being useless.

I would suggest that you call you bank again and don't take No for an answer, customer service agents of your bank can check if draft has been cashed or not as yet but they would need to make some efforts by calling their head office etc for which they generally can't be bothered


Thanks Moonwalk I called them and this time my tone was different from the information you gave me .........and hurry they checked it and confirmed that payment was taken ......... my bank was Halifax ...seems part of lloyds bank hahhahaha ...

Thanks for your help

[moonwalk30]

@Arsal385
Thanks for reply. Yes, my husband's payment has gone through

If you husband payment has taken smoothly then it will be processed as usual and will not come back that's for sure.

Payment deduction on it's own has nothing to do with application validity.

Application validation is the next step after payment deduction when application gets forwarded to caseworkers team.

Receiving a Biometric invitation which gets posted after caseworker validates the application however is enough to be sure that your application is valid and will be processed.

[boyhood68]

Hello users,

I am new to this forums.

Can someone tell me as to why 10 years long residence take so long to decide? on an average individuals have received response within 4-5 months. is it due to the back log or is due to the various criminal checks and other checks as a result of which it takes so long?

You response in the matter above is highly appreciated.

thank you.

[Arsal385]

Hello users,

I am new to this forums.

Can someone tell me as to why 10 years long residence take so long to decide? on an average individuals have received response within 4-5 months. is it due to the back log or is due to the various criminal checks and other checks as a result of which it takes so long?

You response in the matter above is highly appreciated.

thank you.

A bit of both plus hassling applicants to avoid going for settlement.

[Arsal385]

@Arsal385
Thanks for reply. Yes, my husband's payment has gone through and yes, I've phoned my credit card company and advised them about the big transaction. I've also phoned HO to advise about my situation. I don't know what else to do as, if my husband's application comes back after the 14th Oct, he'll need to leave the country right? IS it normal for HO to delay collecting payment?

If you husband payment has taken smoothly then it will be processed as usual and will not come back that's for sure.His application process has nothing to do with your application payment. However, as you have already discussed this with HO so they are aware of the situation.I hope your payment will go through smoothly without any issue but in worst case If for some reason you will get your application back then you should send your application again within 28 days of your visa expiry date then it will be OK plus for safe side try to send your payment this time with banker draft or postal order so there wont be any non payment issued. Also if you send pre-paid envelope then you can track your application return on royalmail website.

@Arsal385
Thanks again for the reply. Do you know how quickly does HO send back application if they can't take payment? Also, is it common for delays in payment processing? It's so confusing and nerve wrecking Wish I hadn't made the mistake of sending the wrong version of the application! Has anyone else experienced delays in payment processing when you haven't made a mistake in payment details?

I think you should have sent the version 07/14 on 22nd sept but did you fill up the payment section properly specially ticked the amount £1093 in A1. It clearly says if you don't tick it they wont be able to take payment from your card and your application will be rejected.

[ashphoenix]

@Arsal385
Thanks again for the reply. Do you know how quickly does HO send back application if they can't take payment? Also, is it common for delays in payment processing? It's so confusing and nerve wrecking Wish I hadn't made the mistake of sending the wrong version of the application! Has anyone else experienced delays in payment processing when you haven't made a mistake in payment details?[/quote]

I think you should have sent the version 07/14 on 22nd sept but did you fill up the payment section properly specially ticked the amount £1093 in A1. It clearly says if you don't tick it they wont be able to take payment from your card and your application will be rejected.[/quote]

@Arsal385
Yes, i remember doing all the needful in the latest version. Just to be on the safe side, I resent the signed payment page on 4th which they have received on 7th October! Hmm..I wonder why they're not collecting the payment! :S

[Arsal385]

@Arsal385
Thanks again for the reply. Do you know how quickly does HO send back application if they can't take payment? Also, is it common for delays in payment processing? It's so confusing and nerve wrecking Wish I hadn't made the mistake of sending the wrong version of the application! Has anyone else experienced delays in payment processing when you haven't made a mistake in payment details?

I think you should have sent the version 07/14 on 22nd sept but did you fill up the payment section properly specially ticked the amount £1093 in A1. It clearly says if you don't tick it they wont be able to take payment from your card and your application will be rejected.[/quote]

@Arsal385
Yes, i remember doing all the needful in the latest version. Just to be on the safe side, I resent the signed payment page on 4th which they have received on 7th October! Hmm..I wonder why they're not collecting the payment! :S[/quote]

This is something you need to ask them over the phone. It had happened with me once (back in 2007 when I applied for my IGS visa) but they returned my documents with in 2 weeks of submitting my application. I don't know what's the current situation. So the moral of story is always check the forum about how to fill each and every section of the form. I personally know plenty of guys here asking minor questions in this forum and they filled their forms with the help of very supportive members of this forum.

[ronzie]

Hello S Akram Vi,

Thanks for your reply.

My wife visa will ending next month. I am little bit confused as you said regarding Flr(M) & Flr(FP). I spoke to one solicitor this week and he advice me she only need to meet English requirements but as transitional period £18600 waved as she came as a spouse since 2011 and can apply flr(m) but i want to confirm before applying as don't want to pay twice to HO and any trouble. Also during last 3 years we need to extend 2 times and she granted spouse as a PBS dependant in both occasion. Also the solicitor advice me she can apply ILR after her 5 year period which is 2016.

What do you advice me? your details advice is much appreciated.

Thanks

Dear,

I am not agreed here with Arsal on the forms option ....Yes ARsal is right that as she came here before 9th july 2012 then don't need to show the income threshold , HO rules are very much clear about it however happy to here that if still some thing there to wave the £18600 i am personally interested in it ..... so my humble request to you please share any update if you find some thing different from our understanding ...if possible share the link as well

link :-https://www.gov.uk/government/uploads/s ... _08-14.pdf

an extract on information on page 8 :-

d) You must meet the financial requirement
You need to meet the financial requirement if you made your first application to enter or
remain here as a partner after 9th July 2012, or if your last leave was granted as a partner of a
Relevant Points Based system migrant


My Apologies i have missed the date your wife arrived ...
see the version of the link above its 08/2014 so you can apply for FLR(M) and you not suppose to go for flr(fP) because you don't need to show threshold income but applying through pbs dependant system is not correct and her clock will start for ilr after spending 5 years as your dependant ...( debateable )
Time and again this question become the FAQ and Dr Shahjee also cleared this to again and again so here let me link you that page on this forum where he mentioned about transational period time which was only effective before 6th April 2014 ..page number is 834 and the extract of his post :-

Hi KA941,
Well unfortunately you are right, the rules regards to the dependents of People who got ILR through 10 years long residency, have changed since April 2014. There is no straight applications for ILR for them, they have to apply first to convert their status to that of dependents of a settled person i.e YOU, through application form FLR(M), income And maintenance requirements apply on that.
Any dependents who will apply as dependents of settled person through Long residency, their time to qualify will start again from scratch, the clock goes back to zero for them,any time that's hey have spend in the country already is null and void. They have to start a new qualifying period and that starts from the date they get their initial grant of FLR(M) for 2.5 years, that is extendable for another 2.5 years to take them to a total of 5 years to qualify them for the ILR through SET(M).
Regards to pre July 2012 dependents, the transitional arrangements were there for any of them if they would have applied their FLR(m) before 6th April 2014, as that date is gone, hence any pre July 2012 PBS dependents have lost their claim on the transitional arrangements.
I am really sorry again that there is no many positives for you in the situation, but what is important is for you to get your ILR sorted and although the dependents might take a bit longer but at least you are guaranteed that they will be sorted eventually.
All the best with your future application


According to my understanding shahjee is right but if there are still some misunderstanding kindly share it here ...
And not only the above post but there are so many other post where some one has shared the link related to this issue as well before ...
shahjee: hope you will forgive me for your copy act right ;) but i know you will be more delighted that your post is ever blue but in essence is the golden words

Still , if you and any other members on this forum found any thing different please share here , i never mean mine , shahjee and all other members suggestion or understanding is the only right option or suggestion ...so welcome all post
regarding any update of (ILR , VISAS ) are welcome ...we can argue on it ,...we may have differences but by doing so the members who is actually seeking for some thing will atleast get an idea what other options are still available and what will be longer , shorter route to solve any problem or some of the rules are no more valid and solicitors are misguiding you regarding it .....

My humble apologies to all members if they have got totally different opinion in this regard ..please share more things with the links where ever possible .....

Transitional period , PBS depandant system is still very confusing ....

Looking forward to your reply ,
Regards ,
S.Akaram

Thanks for your details reply @ S Akaram Brother. you right transitional is still very confusing......
Finger crossed and hope all the best to brothers & sisters who is facing these problem.

[ronzie]

Hello S Akram Vi,

Thanks for your reply.

My wife visa will ending next month. I am little bit confused as you said regarding Flr(M) & Flr(FP). I spoke to one solicitor this week and he advice me she only need to meet English requirements but as transitional period £18600 waved as she came as a spouse since 2011 and can apply flr(m) but i want to confirm before applying as don't want to pay twice to HO and any trouble. Also during last 3 years we need to extend 2 times and she granted spouse as a PBS dependant in both occasion. Also the solicitor advice me she can apply ILR after her 5 year period which is 2016.

What do you advice me? your details advice is much appreciated.

Thanks

There are two points worth noted in your queries.

It is true for all those who arrived in the UK prior to 9 July 2012 will just need to show maintenance funds for the last 3 months rather than 18.6K salary threshold in their FLR (M) application.

However, If you want your spouse to be eligible for ILR in 2016 then you must extend her stay using PBS dependent form and apply your extension through PBS application and not by using FLR (M) and SET (LR) for yourself. it is because anyone who is using FLR (M) application will get their previous stay disallowed and their time starts when they get their visa through FLR (M).

Thanks Brother Arsal.

As you mention on PBS Dependant how will i apply basis on 5 years as i already applied for ILR basis on 10 years long residency and my wife need to apply by next few weeks. If my wife apply for FLR (FP) it will complete her 5 years in mid 2016 (if 2 years visa issue). Is there any chance that way. Also we have a child who is born in here. as S Akaram brother shared the link where says 5 year route on children basis is it possible? if yes, Any idea how they calculate on FLR (FP). As i will register my child via MN1 after my ILR.

Please advice

Thanks

[Spatacus]

Hello House. Can you pls advise me.
I am a PHD dependant and my husband, son and I applied for FLR O 7 yr rule last yr which was declined. We appealed but lost. We then had a hearing. It's 3 months since the hearing and still waiting for the decision from the court.
In the meantime I have clocked 10 yrs. Am I able to apply for my ILR without the decision from the courts?
Also what type of letter can I get from my GP as they are sayin they don't give letters to the HO.
can I make an application by myself without a solicitor as we have already spent thousands of pounds on d FLR O app thru to the 2 appeals on solicitors fees
My hubby isn't able 2 apply for his ilr as he had a break during his stay so we are hoping that if I get my ILR, it would be easier for us all. Your advise is very much needed and welcome.

You can apply your ILR using SET LR application providing you have completed your full 10 yrs residency legally in this country. As you appeal period is covered under 3D then your current stay is legitimate and will be counted towards your 10 yrs legal stay in this country. You need withdraw your current appeal and apply SET LR application. But withdrawing appeal and apply a fresh SET LR application is a bit tricky so you need to ask a qualified solicitor about this process and act cautiously without creating any adverse effect on your long residency.

Thank you for the reply. We have already had the appeal hearing just waiting for the decision. We have been waiting for 3 months now so do I still need to withdraw or how does this work?

Hello October2013,
just wondering if this link will do you any good.

http://www.immigrationboards.com/indefi ... 14200.html


Re: 10 years long residence applications
Postby hassan5805 » Tue Jul 01, 2014 12:27 pm

M.ELAHI wrote:
SALAM

I RECEIVED MY OUTCOME FOR ILR APPLICATION.
BY GRACE OF ALLAH IT HAS BEEN APPROVED
ONE THING I WOULD LIKE TO SHARE IS THAT I DID NOT WITHDRAW MY PENDING APPEAL TO DATE WHICH IS IN MID JULY AND WAS STILL ABLE TO GET MY ILR.

THANKS FOR ALL THE SUPPORT
APPLIED ON 27/02/14
APPROVED ON 30/06/14

Mashalla bro wslam congrats ..enjoy your freedom buddy you hve made it .. Pray for all us please..hope ours come before eid too..Regards

[Arsal385]

Hello S Akram Vi,

Thanks for your reply.

My wife visa will ending next month. I am little bit confused as you said regarding Flr(M) & Flr(FP). I spoke to one solicitor this week and he advice me she only need to meet English requirements but as transitional period £18600 waved as she came as a spouse since 2011 and can apply flr(m) but i want to confirm before applying as don't want to pay twice to HO and any trouble. Also during last 3 years we need to extend 2 times and she granted spouse as a PBS dependant in both occasion. Also the solicitor advice me she can apply ILR after her 5 year period which is 2016.

What do you advice me? your details advice is much appreciated.

Thanks

There are two points worth noted in your queries.

It is true for all those who arrived in the UK prior to 9 July 2012 will just need to show maintenance funds for the last 3 months rather than 18.6K salary threshold in their FLR (M) application.

However, If you want your spouse to be eligible for ILR in 2016 then you must extend her stay using PBS dependent form and apply your extension through PBS application and not by using FLR (M) and SET (LR) for yourself. it is because anyone who is using FLR (M) application will get their previous stay disallowed and their time starts when they get their visa through FLR (M).

Thanks Brother Arsal.

As you mention on PBS Dependant how will i apply basis on 5 years as i already applied for ILR basis on 10 years long residency and my wife need to apply by next few weeks. If my wife apply for FLR (FP) it will complete her 5 years in mid 2016 (if 2 years visa issue). Is there any chance that way. Also we have a child who is born in here. as S Akaram brother shared the link where says 5 year route on children basis is it possible? if yes, Any idea how they calculate on FLR (FP). As i will register my child via MN1 after my ILR.

Please advice

Thanks

Sorry I didnt notice that you have already applied for yourself using SET LR application. If you were on PBS that lead to 5 year settlement like Tier 1/2 general than you were able to apply for yourself and your dependent ILR for 5 yrs in 2016. Since you havealready applied for ILR through SET LR and you were previously on student which is non settlement route. Therefore, you have got no option left except you apply for your wife FLR M application and wait for 5 yrs to get her ILR. Since your wife joined you prior to July 2012 so you will only need to show maintenance funds only and not £18600 a yr threshold.