ILR as a dependant of long residence rule

[niyogee03]

Amber, Vinny and other gurus......Can i apply for my British passport straight after my Indefinite Leave in 2016. I got my DLR on 31st of 2014, which will last in 31st 2016. My wife got her indefinite leave under long residence, and she will apply for her British passport in february 2015. My wife was a student until she got her Indefinite Leave under Long Residence in February 2014.

Do i need to wait for another one year after getting my indefinite leave in 2016? Or i can apply for for British passport immediately after getting the Indefinite Leave in 2016. I have been in United Kingdon since 2007, and I have been married to my wife here in UK since 2008.

Can anyone be of help to let me know whether i can apply for British passport immediately after my Indefinitely leave in 2016?

I will welcome opinion from anyone who might be of help.

[atlast]

Hi Sir/Madam,

I need your help, I'm going to apply SET(M) for my wife. I'm on ILR on Longresidencey (10) years basis. before that I was on Tier 1 (General). for 3 years. My wife was dependent of me for ( Tier 1 General for 3 years) which she got on 11/11/2010.

She got her FLR(M) on 31/12/2013. We are now applying SET(M) for her. after 6 months thinking that she has already spent 3 years on PBS dependent. Is she still elligible after 6th of April 2014?

Regards

[atlast]

Hi Sir/Madam,

I need your help, I'm going to apply SET(M) for my wife. I'm on ILR on Longresidencey (10) years basis. before that I was on Tier 1 (General). for 3 years. My wife was dependent of me for ( Tier 1 General for 3 years) which she got on 11/11/2010.

She got her FLR(M) on 31/12/2013. We are now applying SET(M) for her. after 6 months thinking that she has already spent 3 years on PBS dependent. Is she still elligible after 6th of April 2014?

Regards

she got it now

[atlast]

hi

[mky]

Hi Sir/Madam,

I need your help, I'm going to apply SET(M) for my wife. I'm on ILR on Longresidencey (10) years basis. before that I was on Tier 1 (General). for 3 years. My wife was dependent of me for ( Tier 1 General for 3 years) which she got on 11/11/2010.

She got her FLR(M) on 31/12/2013. We are now applying SET(M) for her. after 6 months thinking that she has already spent 3 years on PBS dependent. Is she still elligible after 6th of April 2014?

Regards

she got it now

Hi atlast,
Has your wife got ILR?
Did you apply in person or by post?
I am in similar situation like you, any information will be much appreciated.

Regards

[niyogee03]

Amber, other gurus and general member I think i need to share my testimony about what GOD did regarding my ILR yesterday at Croydon . GOD IS AWESOME!!!!!!

Amber, remember i told you my ILR application was rejected on 13th May 2014. The caseworker insist i need to complete my 2 years from the day my FLR(M) was issued. My FLR(M) wwas issued on 31/03/2014 and valid till 31/03/2016.

The caseworker said because my wife was on Tier 4 general before getting her Indefinite through long residency, i am not allowed to combine my previous leave. I state Immigration rule 287(a)(i)(d) in my covering letter but the caseworker did ndid not accept my application.

To cut story short, I wrote a letter of complaint to UKVI Complaint Allocation Hub last month of May.

Last week i received a letter from UKVI that the caseworker should have accept my application. UKVI apologise for this action and they also refund my full application fee and the £100 booking fee back into my account.

I booked another appointment and went to Croydon for my Indefinite Leave on SET(M) yesterday. Within 1hr 15 mins my application was approved, and now awaiting the BRP card.

I give GOD all the glory because I have even been planning that i will wait till 2016 before applying for the ILR.

I also need to thank people like Amber, Vinni and other gurus for their valuable contribution. I remember that i use all those immigration rules given by Amber and Vinni as an evidence in the letter which i wrote to the UKVI Complaint team.

And for those who are still counting days, months or year before applying as well I wish all the very best.

Let us put God first in all we do because nothing is impossible for HIM.

[Amber]

Congratulations.

[ik_aam_insaan]

Hi Amber ,

I need some advise .
I got ilr on 7 april 2014 on long residency basis my wife is in uk on tier 1 spouse visa since july 2011 . We applied for her flr m on 15 may 2014 under appendix fm by completing the financial requirement.

Her flr m got approved under old rules as she is been issued a 2 years visa.

On the letter it says ' In order to qualify for settlement you must have completed a period of 2 years in the United Kingdom as a spouse '
furthermore it says ' please understand any future application that you make in the marriage category will be assesed against paragraphs 284 or 287 or 295D or 295G of the immigration rules'.

My question is can we apply for settlement now or do we have to wait 2 years from now ?
if yes can i use the same financial documents we used for her application as i am self employed .

thanks

[GOd Helps]

Last week i received a letter from UKVI that the caseworker should have accept my application. UKVI apologise for this action and they also refund my full application fee and the £100 booking fee back into my account

please can you share that email i have snet ot a pm . brother iam in the same boat and very worried.

[Amber]

ik_aam_insaan I assume your spouse was a PBS dep since before 9 July 2012 in such case yes she can settle now on form SET(M). B1 English and LIUK.

[ik_aam_insaan]

ik_aam_insaan I assume your spouse was a PBS dep since before 9 July 2012 in such case yes she can settle now on form SET(M). B1 English and LIUK.

Thanks Amber
We applied for my mrs set M on thursday in liverpool peo ,after a lil bit disccusion with their manager they accepted our application .
and they granted us ILR

Thanks for your advise

[Amber]

Congratulations.

[mky]

ik_aam_insaan I assume your spouse was a PBS dep since before 9 July 2012 in such case yes she can settle now on form SET(M). B1 English and LIUK.

Thanks Amber
We applied for my mrs set M on thursday in liverpool peo ,after a lil bit disccusion with their manager they accepted our application .
and they granted us ILR

Thanks for your advise

Hi ik-aam-insaan, did you prepare any covering letter when you went to the Liverpool PEO? if so which rules did you refer to in the letter or in discussion with the Manager?
As you can see from previous post in this discussion I am in the same situation so any information will be much appreciated.

Thanks

[allwell46]

Can you please share the email address where you sent your enquiry

Dear Home Office

Could you please clarify one thing for me?

I got ILR under ten years long residency in June 2013 and my wife came very first time in UK in March 2006 as a student dependent. Now we got spouse visa on 02nd September, 2013 for 02 years (Pre July rules, probationary 02 years periods).

The question is, my spouse had spent approximately 06 years as a student dependent (from March, 2006 to June, 2012) and 15 months on Tier 1 (PSW dependent).
When she can apply for ILR? Immediately or still need for 09 months more?

Thanks for your help

(Home Office Replied)

Dear Sir,
Thank you for your email dated 3 September 2013. Your enquiry has been forwarded to Home Office Public Enquiries because it is not a policy enquiry.
Please be advised that your dependant spouse would need to complete two years in the UK and can amalgamate her PBS leave together with any time spent under FLR(M) to make up the two years before applying for Indefinite Leave to Remain(ILR). Based on the information you have provided, if she has completed 15 months as the dependant of a Post Study Work migrant, she would need to complete an additional 9 months in the spouse category to achieve the required 24 months qualifying period for ILR. Time spent as a dependant of a student cannot be included.

For more information, please visit the Home Office website at:http://www.ukba.homeoffice.gov.uk/polic ... -8-app-fm/

Yours faithfully,
Edward Henry
UK Visa & Immigration

[dammy75]

'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

I believe the UKVI no longer reply to individual questions. You should have printed out rule 287(a)(i)(d) and requested to speak to the manager.

Hi Amber, Vinny & others,
I am extremely confused with all these rules - Here is my/our story: 1. I was granted ILR under long residence (10 yrs) dec 2013, I was on PBS - Tier 2 before my ILR;
2. My wife switched to my dependant under Tier 2 on 08/2011, we both extended our PBS in 2012 which valid till 2014;
3. My mrs applied for FLR (M) in July 2014 & approved however....
4. In the enclosed letter its stated that my mrs is on 5 YR PARTNER ROUTE. Although I immediately give them a call stating that my mrs shldnt be on NEW RULE.
5. I am still waiting for their response but I need gurus advice cus we've planned to attend PEO for my mrs ILR.

Thanks
Dammy75

[Amber]

The 5 year route is correct as your spouse applied after 6 April 2014.

[msmussaf]

Hi amber and vinny please advise me in the following scenario.
Can my wife combine the leave
Let me thank you all in advance that because of experts like amber , vinny and others I applied my wife visa before 6 april 2014 for staying in safe position
Here is the history

and please suggest me that in which PEO should I get an appointment.


10 years student
Set LT applied 5 march 14
Approved 2 july

For wife
came to uk as student dependent august 2007
FLR M applied 4 april 14 ( before 6 april change)
Requested for hold
Approved 17 july 14
2 years spouse visa granted

[Amber]

Yes, she can by virtue of immigration rule 287(a)(i)(d). Application on SET(M), I assume FLR(M) was granted for 2 years. B1 English and LIUK required.

[msmussaf]

Yes, she can by virtue of immigration rule 287(a)(i)(d). Application on SET(M), I assume FLR(M) was granted for 2 years. B1 English and LIUK required.

Thanks amber
Yes she got 2 years flr m visa
But I can not fullfill the financial req
In flr m I skiped the sec as per law.
Just filled maintenence sec
Shall I do it same again?

I m living in london but I can go any PEO. Which one you will suggest me.

[Amber]

Yes to both.

[bilal_zain]

ik_aam_insaan I assume your spouse was a PBS dep since before 9 July 2012 in such case yes she can settle now on form SET(M). B1 English and LIUK.

hi Amber,
according to your above suggestion my wife should be able to apply ILR. our situation is as follow
I got ILR (LR) in feb 2015. I was on tier-1 gen and wife came to uk as PBS dependent in nov 2009 (first psw and then tier-1 gen dependent). I have applied for FLR(M) for my wife and daughter.
according to 287a(i)D it says
__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;

this means if she completes 2 years on FLR(M) then my wife will be able to apply for ILR.
I also heard solicitor mr Liaqat on ARY News (in program "Law & You") that even after april 2014 if somebody gets ILR(LR) (previously on PBS) their spouse can apply for ILR if they have been in UK for 5 years. I have been trying to call him after listening to his this advice but unfortunately my call couldn't get through.
I talked to another solicitor who comes on local Birmingham radio programme. when my call got through and I explained all my situation and also the advice of mr liaqat then he told me that Home office are making different decisions for 2 identical application. this lawyer told me that he knows people who got ILR with the same situation and other got refusal.
I will try once my wife and daughter gets FLR(M), as it is not fair because they have been here in UK for more than 5 years & still have to wait for 5 more years.
thanks,

[vinny]

The 5 year route is correct as your spouse applied after 6 April 2014.

Amber is correct, as your wife applied for FLR(M) under Appendix FM after 6th April 2014.

[niyogee03]

Please, I will be looking forward to response from Amber, Vinni and other gurus on this platform.

I have a child born in 2007 outside wedlock abroad before coming to U.K.

I eventually married another woman in U.K.

I was on student visa here is UK when the child was born abroad in 2007.

But now I got my British passport in 2014, and I wish to apply for this child while he is still a minor.

Please, I will like to know what type of application I can put in for this child who is now 11 years old.

I will like to know whether I can register this child as a British citizen on form MN1?

I also like to know whether I as a father I could apply for him alone without involving my wife in U.K.?

I will be looking forward from anyone who could advise me on this issue , and also regarding the type of application and form that I need to file to bring this child to UK as a son of a British citizen.

Please, I will be looking forward to response from the likes of Amber, Vinni and other member who could be of help.

Regards,
niyogee.

[CR001]

The child does not qualify to apply for citizenship as child was born abroad before you became British.

Where is the child's mother??

[niyogee03]

The child does not qualify to apply for citizenship as child was born abroad before you became British.

Where is the child's mother??

Thanks for quick response.

The mother of the child is in Africa with the child.

If the child does not qualify please what type of application can I put in for that child?

I wish to apply for that child to relocate to UK before he is 18 years old.

Regards,
niyogee03