How do new rules affect me?

[newbiepk]

I have almost completed my 2 years probationary period under Spouse Visa. I came to the UK in Sept 2010. Am I eligible for ILR under new rules? Or do I have to complete 5 years.

[chosenaik]

You are under 2 year rule.

[newbiepk]

I came to the UK on 27 September. My visa is valid till 18 August 2012 from May 2010. My husband was informed by MP (via email) that I have been granted on 18 August 2010 but the delay was at British High Commission in Pakistan because of which I received call late for visa collection.

On 18 August 2012 when my visa will expire I won't be able to complete 2 years in the UK. Shall I apply for extension or ILR?

[harv]

I think you should call UKBA and get something in writing from UKBA if you are planning to apply for ILR.

I would suggest that you do the following:

- First call UKBA and explain the situation, make sure that you point out the delay bit clearly and that it was UKBA's fault. If they agree ask them for a written confirmation to supply with your ILR application.

- If the above does not work, you should write to your MP and also write to UKBA with a copy of your MP's letter enclosed. Again point out the issue and request for a confirmation.

If the above does not work out, I guess you will have to apply for FLR and then ILR.

It seems a bit unfair in your case because you only have a few days of gap before you can apply for ILR. If it was just another 12 days you would have been okay.

[newbiepk]

Thanks.

Shall I email or call UKBA? Also can you provide contact details

[asim72]

Do not call them, it is a waste of time. Most of the so called advice they provide over the phone is wrong and useless.

Best way would be to email them. Maybe some other forum members can provide you with email address.

I think there is also a possibiltiy of applying for ILR after your current visa has run out. SET(M) application does not require valid leave. There was a court case about this as well, and applicants won the case.

Sushdmehta might be able to post the relevant links.

[newbiepk]

So my visa expires on 18 August 2012, I should apply no earlier than 28 days before expiry. That means earliest I can apply is 21 July 2012. I have booked my Life in the UK exam on 21 July 2012.

I know, I should have applied for this earlier. How much time does it take to get the test result? I have prepared all of the other documents.

[asim72]

Your qualifying residence counts from your date of entry into UK, and not from date of visa.

You have to count 2 years from 27th september 2010. You can apply 28 days before your 2 years residence finishes.

Life in the UK test are given within 10-15 mintues.

Do you have call letter to prove that there was a delay from BHC?
Whats the date of call letter?

[newbiepk]

This was emailed to me on 17 August 2010

[i]Dear Sir/Madam,



A decision has been made on your application but it has not yet been returned to Gerrys by the British High Commission in Islamabad. I have contacted my colleagues in Islamabad who will look in to why and will try to ensure that the application is returned to Gerrys as soon as possible. Once Gerrys have the passport they will contact you to collect it.Please accept our apologies for this delay and if you have not been contacted in 2 weeks please contact us again at this address.



Please note we do not provide the nature of the decision by e-mail. The applicant will be aware of the decision when they collect the passport.



Regards



UK Visa Section

Correspondence Team [/i]

My visa says that it expires on 18 August 2012. If I apply 28 days before the date of my arrival to the UK (27 Sept 2010), it is 30 August 2012 and my visa expires before that.

[asim72]

I think you have delayed looking into this matter. You should have clarified this matter long ago with UKBA.

There can be a few ways in my opinion.

Either applying for ILR, few days before your visa expires, and explain everything and provide proof of all the communication.

Apply for FLR(m), and once you clock full 2 years residence, apply to vary the application to ILR. This could be the best and safest way I think.
You will have to pay the balance of application fee with ILR application and not two separate full application fee.

[newbiepk]

Thanks,

I know I am late but at least visa hasn't expired yet. I went to see MP today and they asked me to see solicitor and he will send me supporting letter on whatever the advice of solicitor is.

I saw solicitor and he said advice is for £150 and application charges are £600.

Asim can you explain point2?

[asim72]

My point 2 is, that you apply for flr(m) while your visa is current. When you apply for flr(m), your visa gets extended by default until your application is decided. Now after clocking 2 years, and this will be well before your flr(m) is decided, you apply to vary your application to ILR, fill up a new form, and pay balance of fees or you may say, pay top up fee to bring to the level of ILR application. This procedure does work for many types of applications, and I cannot remember from top of my head if it works for SET(M) applications too. Better discuss this method with advisor/solicitor. If it does work, then its the best way. Using this method, your stay will always be legal and all your applications will be in-time.

Pay for your flr(m) by cheque, so about 2 weeks pass just while your payment is being processed.

[newbiepk]

Okay so I will go for a safer option to extend and then apply for ILR.
My spouse visa expires on 18 August 2012 and it is valid from 18 May 2010. Home Office informed me that I have been granted visa on 18 August 2010.

For extension I have to apply (FLR M) before my current visa expires so I plan to apply on 15 August 2012. Then on 30 August 2012 I apply for ILR. This means after 15 days I re-apply.

Questions:
1) For both FLR (M) and ILR, I have to apply through post?
2) ILR fee is £991 and FLR (M) fee is £561. Correct me if I am wrong: I will have to pay FLR (M) fee first and the remainder (£430) when applying for ILR?
3) Will they make decision on my FLR (M) in the 15 days gap?
4) How will I provide documents for my ILR application when most of them have already been provided for FLR (M)?

[harv]

Okay so I will go for a safer option to extend and then apply for ILR.
My spouse visa expires on 18 August 2012 and it is valid from 18 May 2010. Home Office informed me that I have been granted visa on 18 August 2010.

For extension I have to apply (FLR M) before my current visa expires so I plan to apply on 15 August 2012. Then on 30 August 2012 I apply for ILR. This means after 15 days I re-apply.

Questions:
1) For both FLR (M) and ILR, I have to apply through post?
2) ILR fee is £991 and FLR (M) fee is £561. Correct me if I am wrong: I will have to pay FLR (M) fee first and the remainder (£430) when applying for ILR?
3) Will they make decision on my FLR (M) in the 15 days gap?
4) How will I provide documents for my ILR application when most of them have already been provided for FLR (M)?

- You apply for your FLR
- Once you got your FLR and given that you have done your full two years, you can apply for ILR
- Both the above VISA incur separate fees, so at first £561 for FLR and then £991 ILR as you quoted.

[newbiepk]

Asim, can you check my understanding?

[asim72]

Okay so I will go for a safer option to extend and then apply for ILR.
My spouse visa expires on 18 August 2012 and it is valid from 18 May 2010. Home Office informed me that I have been granted visa on 18 August 2010.

For extension I have to apply (FLR M) before my current visa expires so I plan to apply on 15 August 2012. Then on 30 August 2012 I apply for ILR. This means after 15 days I re-apply.

Questions:
1) For both FLR (M) and ILR, I have to apply through post?
Yes

2) ILR fee is £991 and FLR (M) fee is £561. Correct me if I am wrong: I will have to pay FLR (M) fee first and the remainder (£430) when applying for ILR?
Yes

3) Will they make decision on my FLR (M) in the 15 days gap?
No chance of that happening
.
4) How will I provide documents for my ILR application when most of them have already been provided for FLR (M)?

You just provide them the reference number of your flr(m) application, and you must specifically mention to "vary" the application.

Best done via a good advisor. Now I could not find this right now, that there might also be a provision that caseworker is able to count your residence upto the date your application is actually looked at. But I will see if I can find and quote it to you over the weekend.

By the way, varying the application procedure, can be found in section 3C.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

(no disresepct intended, but ignore harv's comments. he does not know about section 3C)

[newbiepk]

Thanks Asim.

I am seeing a solicitor tomorrow.

[newbiepk]

Hello Asim,

I spoke to solicitor and will be seeing some more tomorrow. All of them are charging a lot. I have however paid them for initial consultation.

They do advise FLR (M) but do acknowledge the confusion of varying application can cause for caseworker.

Anyway, I am going ahead with FLR (M) application. Some questions:

1) Should I use new FLR (M) applications?
2) How will I answer this question:
"Is this the first time you have applied for a visa or extension in one of the above categories?" My category is of Spouse of a person married and settled in the UK and Biometric Immigration document.
3) If I answer NO, will I answer YES to that I delayed my travel to the UK by more than 3 months?


Thanks!

[newbiepk]

Hello.

Can you answer aforementioned question? Apologies but deadline is approaching soon.