Variation from FLR (FP) to SET (LR) & Dependant's Status

[fat1983]

Hello respected members,
Would really appreciate your opinions with references (if possible) as to what I should be doing? My Situation is:
* Our Permission to Stay was finishing on the 02 April 2016 & we put an application FLR (FP) on the 01 April
* I was included as a dependent of the main applicant in the FLR (FP) otherwise it would have made me
over stayer
* Main applicant completed 10 years (- 28 days) on the 19 May 2016 & the application was Varied at the
Sheffield PSC & usually the caseworker didn't give a same day decision & handed a letter mentioning the
application was valid & need further checks & orally he confirmed that the application looked fine but still
he needs to get a hold of the original passports to be able to give a decision which he mentioned he already
requested
* He then was asking about what to do with the dependent since there was a dependent attached to the main
FLR (FP) application & when we said that we were planning to write to the INITIAL CONSIDERATION UNIT in
Croydon to hold only my application & allow us some time-- the caseworker wasn't too sure about that
whether we could do that or not & went to ask someone senior.
* Caseworker came back & said that he's gonna cancel the whole FLR (FP) application & send us all the
documents back using Special Delivery & also said that I should make an immediate application for FLR (M)
* What I'm not sure is if he does that, would that make me an over stayer by any chance since I'm also
completing 10 years next year
* I was reading through some case law relating to CONJOINED FAMILY (PD case) & also found some IDI to say
even if an application is invalidated, the date starts from 2 working days after the INVALIDATION LETTER is
posted! IN that case, I could always use the 28 days Grace & make the 10 years application next when my full
10 years completed (not 28 days before since I would have used the Grace period once)
* Expecting the Set (LR) to come through this week any date & also prepared all the documentations for the
FLR (M) application as well as prepared a letter of holding request to the FLR (FP) people

My question is:

* What would be the best way forward?
* Should we post the letter of request to the FLR (FP) Initial Consideration to hold the FLR (FP) ? or
* Should we just wait for all the documents to come back along with my passports (As suggested by the
caseworker) & then make the FLR (M) application?
* Is there any ways that my Continuous Residency could be broken even if we make the application within 28
days?

And just to keep out some interests from some people who might only be interested in finding if we have any histories like TAX AMENDMENTS, TOEIC etc---- I'm sorry I wouldn't be making you happy on this occasion.
The main applicant was always on Student, PSW, TIER 4 & don't have any adverse histories at all, never been overstayed a single day, never been refused etc & also got the SAR report from the Home Office to confirm that & from which we included the GCID screenshots & records along with the SET (LR) application, we earn more than the required level for FLR (M) income, And I came initially as the dependent of the main application back in 2007 and we never been out more than 4 weeks holidays abroad....

Would really appreciate your valuable opinions please...

[JamesBlack]

In my opinion
You are right there by writing to initial consideration unit in Croydon tell them to keep dependant application in hold/ pending.
And vary it standard FLR (M ) application asap.

Have heard many people doing it till December 2015

Don't know about present.


All much I know

[fat1983]

Hi,
Thanks very much for your valuable contribution. In an ideal world, I would like to think so I mean what you suggested there. But we've already got the IHS refunded back to our bank account today (Dated tomorrow), so it looks like the caseworker cancelled the whole application & thus got the full refund already.
I'll post the Hold Request Letter tomorrow anyway and if I receive my passports back along with the main applicant's SET (LR) confirmation letter then I'll post mine back immediately with FLR (M) with a covering letter mentioning the whole situation-- hope the new caseworker would have some clue & not confused as they mostly do with their incompetency...
More lights on my little complex matter would be much appreciated....
Thanks again.

[JamesBlack]

alright so got the IHS back already... hmm

well the circumstances have now changed as the main applicant is now a settled person in the UK . while FLR FP for both the main applicant and the dependent was in process/waiting decision.
Therefore i assume it to be straight forward and self explanatory for the new case worker.
cover letter will cover the full story anyways. the simpler & shorter the cover letter the better.
all the very best.
and lets wait for some more comments from seniors.

[JamesBlack]

Would like to know any updates on your case

[fat1983]

Hi,
Sorry as I should have updated you guys....
Yesterday the main applicant got the ILR approval letter & also the BRP delivered from DX just after the Royal Mail. And the refund was received for the Fess as well as a form of Cheque & the IHS was refunded to the account it was originally paid from.
I had my passport sent back as well which I didn't ask for but I had that expected as prepared my FLR (M) already & posted in the late afternoon. Even though I had my passport back, I could still apply for FLR (M) within 28 days after the SET (LR) variation date which I did just within 5 days..
So, main applicant attended the Sheffield PSC on the 19 May 2006 for variation from FLR (FP) & the ILR on SET (LR) was granted the following day on the 20 May 2016 & we received the documents back on the 24 May 2016 along with all the refunds (Fees & IHS)--- quite impressive & unexpected for the Home Office as they don't really have a reputation.....

[Cadbury]

Congratulations fat1983! Lucky you
I applied on 9th May but haven't heard anything.

[fat1983]

Hi,
Thanks for that & yes I guess we been lucky on this occasion. Now I need to wait for my FLR (M) to be approved on time as well which would fulfill this line of satisfaction to the level where it should be...
Someone is trying to send me Private Messages but they should know that I've not reached the level of posts where I would be able to do so & frankly I'm not interested either unless they have something very personal which would put them in danger/shame in a public domain. Because the whole purpose of sharing with everyone is to let them know the experiences we've had so that they could be benefited from..
Please try & put your queries up on the Forum if you could.... I'll try & answer any queries which I know about....

[haris_zam]

DEAR fat1983,

hope you doing well. Firstly i would like to congratulate you for the ilr of the main applicant and wish u luck for your flr m,

i tried to inbox you but couldn't . i agree with sharing on the forum which i have been doing for ages now , but to get a prompt feedback over a phone call we can discuss things which might benefit me personally .



i have a few question , my tier 4 visa xpired on the 11th april and i am hitting 10 years minus 28 days on 19 july , so still have another 8 weeks,
i have posted an flr O application as the main applicant along with my dependent-wife.
now i am considering to vary my flr o to flr fp as my flr o's decison can come any time , i dont want to be refused and waste money , so i am planning to vary this flr o to flr fp and then flr fp to ilr LR on the 19th ,
so same as your case except with two variations rather than one.
questions.

what did the caseworker asked you , can you please bullet point them so that i can prepare accordingly , i came to uk on aug 15 2006 , been on tier 4 and psw and then again tier 4 through out, going to request for sar in a week or so,...

any tips will be much appreciated ...
if you can inbox me your contact information for whatsapp , it will be so kind of you (i.e once the inbox facility bcomes available to you )

many thanks in advance and good luck...

[fat1983]

Hi, Thanks for that. We were not really asked many questions or any questions at all for that matter a part from the Caseworker came & asked once for us & said that since I was included in that Original FLR (FP) application & because the main applicant is now varying the ground to SET (LR) then what we were planning to about myself I mean the dependent? When we said that we only wanted to vary the Main applicant's application, he said he wasn't sure whether we could do that but said he would ask his manager, so went back & then came back while we were asked to wait then after sometime he came back with the famous letter where it says that the Variation application was valid but he needs further checks since we didn't have the passports & also confirmed us orally that he would personally send our (Both of ours) documents back using Special delivery ASAP & asked me to put an FLR (M) application in no time.
For your case, I don't know why you did put FLR (O) first where in my opinion, you should have put the FLR (FP) first and that alone would have taken you to your required timeline of the 19 July only if you played safely but tactically as we did...
we sent the application just before the very last day of our expiry of the existing leave and paid by Cheque for the Fees which took almost 2 weeks to clear then there was only an acknowledgement letter after almost 6 weeks later mentioning that our application attracts the ECHR rules & won't be falling under the published timeline for deciding it (i.e 6 months) & we also had plans not to enroll our Bio-metric on the first occasion thus getting another 10 working days which in total would have been more than a month but we didn't have to do that but in your case, you could have done that.
But anyway, if you somehow could reach the 19 July then it's all good-- just book an appointment at the Sheffield PSC & you should be fine & do the similar to your dependent like myself.
The best way forward if someone has dependents are to put separate applications for everyone using either FLR (FP) or FLR (O) so that everyone enjoys Article 3C benefits & when needed could be varied for each without any complication.....

[noajthan]

DEAR fat1983,

...

i tried to inbox you but couldn't . i agree with sharing on the forum which i have been doing for ages now , but to get a prompt feedback over a phone call we can discuss things which might benefit me personally .

...

what did the caseworker asked you , can you please bullet point them so that i can prepare accordingly , i came to uk on aug 15 2006 , been on tier 4 and psw and then again tier 4 through out, going to request for sar in a week or so,...

any tips will be much appreciated ...
if you can inbox me your contact information for whatsapp , it will be so kind of you (i.e once the inbox facility bcomes available to you )

many thanks in advance and good luck...

@haris_zam,
Kindly refrain from worrying people by inviting yourself to call them.
Member has clearly stated s/he has no interest other than public posting & discussion..

This is a public internet forum - post in public so all may benefit.

[JamesBlack]

Many congrats on passing the first hurdle. And good luck with the FLR M application . The best thing is that you reply to each and every point asked with minute details which is very important.

[haris_zam]

DEAR fat1983,

...

i tried to inbox you but couldn't . i agree with sharing on the forum which i have been doing for ages now , but to get a prompt feedback over a phone call we can discuss things which might benefit me personally .

...

what did the caseworker asked you , can you please bullet point them so that i can prepare accordingly , i came to uk on aug 15 2006 , been on tier 4 and psw and then again tier 4 through out, going to request for sar in a week or so,...

any tips will be much appreciated ...
if you can inbox me your contact information for whatsapp , it will be so kind of you (i.e once the inbox facility bcomes available to you )

many thanks in advance and good luck...

@haris_zam,
Kindly refrain from worrying people by inviting yourself to call them.
Member has clearly stated s/he has no interest other than public posting & discussion..

This is a public internet forum - post in public so all may benefit.

i know what I am doing i am not worrying anyone .i have contacted tons of people and now where does it say to refrain from pm, its part of this forum too,
so thanks but no thanks

[haris_zam]

Hi, Thanks for that. We were not really asked many questions or any questions at all for that matter a part from the Caseworker came & asked once for us & said that since I was included in that Original FLR (FP) application & because the main applicant is now varying the ground to SET (LR) then what we were planning to about myself I mean the dependent? When we said that we only wanted to vary the Main applicant's application, he said he wasn't sure whether we could do that but said he would ask his manager, so went back & then came back while we were asked to wait then after sometime he came back with the famous letter where it says that the Variation application was valid but he needs further checks since we didn't have the passports & also confirmed us orally that he would personally send our (Both of ours) documents back using Special delivery ASAP & asked me to put an FLR (M) application in no time.
For your case, I don't know why you did put FLR (O) first where in my opinion, you should have put the FLR (FP) first and that alone would have taken you to your required timeline of the 19 July only if you played safely but tactically as we did...
we sent the application just before the very last day of our expiry of the existing leave and paid by Cheque for the Fees which took almost 2 weeks to clear then there was only an acknowledgement letter after almost 6 weeks later mentioning that our application attracts the ECHR rules & won't be falling under the published timeline for deciding it (i.e 6 months) & we also had plans not to enroll our Bio-metric on the first occasion thus getting another 10 working days which in total would have been more than a month but we didn't have to do that but in your case, you could have done that.
But anyway, if you somehow could reach the 19 July then it's all good-- just book an appointment at the Sheffield PSC & you should be fine & do the similar to your dependent like myself.
The best way forward if someone has dependents are to put separate applications for everyone using either FLR (FP) or FLR (O) so that everyone enjoys Article 3C benefits & when needed could be varied for each without any complication.....

Thanks a lot for the input , my solicitor advised to go for flr o , didnt see much difference , i used my last msc exam as the base for flr o so , flr fp wasnt suited in that matter

i wish you best of luck for flr m . if i have queries i shall contact you .
many thanks for prompt reply

[noajthan]

i know what I am doing i am not worrying anyone .i have contacted tons of people and now where does it say to refrain from pm, its part of this forum too,
so thanks but no thanks

Cease and desist @haris_zam,

Which part of this do you not understand

Someone is trying to send me Private Messages but they should know that I've not reached the level of posts where I would be able to do so & frankly I'm not interested

[haris_zam]

i know what I am doing i am not worrying anyone .i have contacted tons of people and now where does it say to refrain from pm, its part of this forum too,
so thanks but no thanks

Cease and desist @haris_zam,

Which part of this do you not understand

Someone is trying to send me Private Messages but they should know that I've not reached the level of posts where I would be able to do so & frankly I'm not interested

ok be a happy child now , you won and proved your point..
duh

[haris_zam]

so i have been barred from sending receiving and even reading messages Yes , even the archives , makes me laugh. its a monopoly here you cant disagree with the so called moderators , they have been helpful apart from this recent incident where this not so helpful moderator has done this and even stopped me from reading my stored messages in my inbox.

this is as low as it gets i guess.. neither do i have time to send messages to every one and nor do i annoy others. been using this foum for years didnt know there was this ugly side to it,..... very nasty

Moderator edit: Joined 7 months ago.

[noajthan]

so i have been barred from sending receiving and even reading messages Yes , even the archives , makes me laugh. its a monopoly here you cant disagree with the so called moderators , they have been helpful apart from this recent incident where this not so helpful moderator has done this and even stopped me from reading my stored messages in my inbox.

this is as low as it gets i guess.. neither do i have time to send messages to every one and nor do i annoy others. been using this foum for years didnt know there was this ugly side to it,..... very nasty

Moderator edit: Joined 7 months ago.

Trolling and/or pestering members is not tolerated whether on Bank Holiday or any other day.
There are consequences.

Mild abuse of long-suffering, thick-skinned moderators may be tolerated (but not for long).

Collective decision taken by the duly constituted moderators.
Action taken after joint consultation to keep environment pleasant, safe and productive for all members of the IB family 24*7*365.

If this thread is to go anywhere it needs to focus and get back on track to help member fat1983 solve their Variation from FLR (FP) to SET (LR) & Dependant's Status

[haris_zam]

i created an account 7 months ago , but i have been using it as a guest for over 3 years ... any ways, you have taken it as a personal war on me or atleast i should have been pre warned about the blocking thingy.
i hope you take it off

[JamesBlack]

Any updates?

[fat1983]

Received the BRP today & waiting for the documents to arrive with Royal Mail-- hopefully tomorrow. It's over now. Leave to Remain as a partner(FLR M) Valid until 19/01/2019. I'll have my 10 years completed on the 01/10/2017. ( not 2019 -- my bad, sorry)
Thanks everyone.

[JamesBlack]

That's great to hear
Thanks for the update

[himmat]

Hi,
Seen you post, i am in similar boat as you were. When main applicant was granted ILR my applicant was invalidated as it was combine FLR fp application. I applied for FLR (M)after 8 days of getting my passport back and was granted . Now i have completed my 10 Yrs without any other issue. Just wanted to know was there any problems when you applied for your long residence. ?

Many Thanks

[CR001]

Hi,
Seen you post, i am in similar boat as you were. When main applicant was granted ILR my applicant was invalidated as it was combine FLR fp application. I applied for FLR (M)after 8 days of getting my passport back and was granted . Now i have completed my 10 Yrs without any other issue. Just wanted to know was there any problems when you applied for your long residence. ?

Many Thanks

Please start your own topic with your full details, circumstances and questions in stead of digging up a topic from 2016 to tag onto, the original poster of this topic no longer active on the forum.