Long resedence

[awais77ak]

On 13th of June 2003 I came to UK as a student. My current Tier 4 student visa is expiring on 7th of June 2013. On 13th of June 2013 I will complete continuous ten years in UK. To complete ten years I am six days short. During this period I was out of UK for only one month. I want to know that at the end of my current leave can I apply for indefinite leave on the basis of long residence or I should cover six days in student visa or work permit.

[wpilr_nov12]

If you apply for ILR between 17 may and 7 June, yours will be a in-time application. But try to get it in the post during June. Send secure delivery with tracking and keep the receipt safe.

[awais77ak]

As I am six days short in ten years and my leave is finishing before completion of ten years. Even though the time to decide application will cover the gap but on the date of application I will not be qualify under 10 years rule.

[cs95tdg]

As I am six days short in ten years and my leave is finishing before completion of ten years. Even though the time to decide application will cover the gap but on the date of application I will not be qualify under 10 years rule.

Are you making a statement here? Or asking a question? If the latter, then the question is not clear.

[vinny]

You are allowed to apply for ILR up to 28 days prior to the completion of your qualifying period, subject to KOL, etc. Note that 6 days is less than 28 days.

[vinny]

Many thanks for useful informations. I have two dependent on my application. Can I apply for their leave at the same time.

[vinny]

Many thanks for useful informations. I have two dependent on my application. Can I apply for their leave at the same time.

If you are applying for your ILR on 10yr/LongRes basis, you cannot include any dependents on the same form.

However their own applications for extensions etc can be made separately but your question is not clear on the scope for anyone to get into the technicalities of your dependents applications.

[vinny]

My wife is here in UK for last two years and son was born here in UK and is ten months old. I never posted my question as private. I don't know how they are appearing as private.

[vinny]

Hi,
Is any one can help me with ILR.
I have successfully completed ten years in UK as Tier 4 student in June 2013.
I have recently got work permit under Tier 4 doctoral extension scheme expiring in June 2014. Currently I am looking for a job. I can apply for ILR for my self on the basis of long residence. Do I need a job to support the visa application of my wife who joined me as a dependent in March 2011.

[vinny]

I don't think that a job is a requirement under Long residence.

However, your wife will need to meet with the maintenance requirements under the old rules.

[saanju9]

No you don't need to have a job

If your wife's visa is expiring june 14 then you will have time to post your application and then once your granted the ILR then you can apply for your wife's FLR(M)

So in the mean time you will have enough time to look for a job

there is another thread for Long Residency and you can find more reference examples there

[awais77ak]

Many thanks for your guidance. As I am applying ILR for myself on long residence but my wife hasn't completed ten years yet. FLR (M) forms are for the dependent of a settled person. I am confused about my wife. Which category she will go to. If I apply FRL for her then then the forms should be FLR (O).

[vinny]

Many thanks for your guidance. As I am applying ILR for myself on long residence but my wife hasn't completed ten years yet. FLR (M) forms are for the dependent of a settled person. I am confused about my wife. Which category she will go to. If I apply FRL for her then then the forms should be FLR (O).

*** Updated advice to use FLR(FP) by Obie. ***

I think FLR(M) is correct for PBS dependants of Long residence applicants. The UKBA should defer the FLR(M) application until the Long residence application has been decided.

If the Long residence application succeeds, then FLR(M) is the correct form. If the Long residence application fails, then FLR(O) would automatically fail anyway. FLR(O) for spouse doesn't make sense, as the application is undecidable before the success or failure of the Long residence application.

They should use their discretion to hold the FLR(M) application until the SET(LR) has been decided. Else, appeal the with grounds of 84(1)(f).

Moreover,

Can I include my dependants in my application?

No. They may apply separately if they have completed the qualifying period of 10 years. If you have a partner who does not qualify, they may apply for temporary permission to stay in the UK using application form FLR(M). If they do this, they can include any children under 18 as their dependants.

Updated:

Dependants who aren’t eligible

Your partner can apply to remain in the UK as the partner of a settled person if they aren’t eligible to apply separately and your application for settlement is successful.

They may be able to include their children under 18 in their application.

She may wait until you are granted ILR but should apply before her leave expires, whichever is sooner. If she is applying prior to you being granted ILR, then write a covering letter with her FLR(M) application. Include the above quote.

If she was your PBS dependant prior to 9 July 2012, then she is under the old rules. ***** CHANGES 6th April 2014 *****

If you don't satisfy the requirements of FLR(M), then try FLR(FP).

Unfortunately, if she does not make an application before her leave expires, then expect problems.

[vinny]

Please any one can guide me with ILR.
I am planning to apply my ILR first. After approval of my ILR I will apply for my wife's further leave to remain. As currently I am looking for job. If I could not get job by then, roughly how much money I should have in my account to prove maintenance.

What is your wife's current immigration status and under what category did you apply for ILR?

Please continue in previous thread.

[awais77ak]

Many thanks Vinny for useful information. You are right, I will apply for her FLR using FLR (M) forms after my ILR. I have applied my ILR few days back. I will wait for my ILR and will apply her FLR after my ILR. Under old rules how much maintenance I have to show to get her FLR.

[vinny]

See also Rules before 9th July 2012.

If applying after you are granted ILR, then she may also try her luck at a PEO.

[awais77ak]

Many thanks Vinny. If I apply at PEO for her FLR, is there any chance to get ILR for her.

[vinny]

If you click on the link, then you'll see that some have been lucky at a PEO. A postal application for a direct ILR probably won't succeed.

[awais77ak]

My current leave under Tier 4 doctoral extension scheme. This is work permit like PSW. My wife is dependent under Tier 4 category.

[awais77ak]

I have applied for indefinite leave to remain in UK on long residence basis using SET (LR) application form on 12.8.13. I have given my finger prints on 22.8.13. I am waiting for the decision on my application. Mean while I am planning to prepare for my wife application. She came to UK as Tier 4 dependent in Mach 2011. Currently she is on Tier 4 doctoral extension dependent till June 2014. I can apply for her on FLR (M) application form or SET (M) application form. Now my question is, Do I need to apply her FLR or ILR with in 28 days after my ILR or I can wait till her current leave finish. My visa category will change from Tier 4 doctoral extension scheme to ILR, so her visa category need to be changed.

[Amber]

I have applied for indefinite leave to remain in UK on long residence basis using SET (LR) application form on 12.8.13. I have given my finger prints on 22.8.13. I am waiting for the decision on my application. Mean while I am planning to prepare for my wife application. She came to UK as Tier 4 dependent in Mach 2011. Currently she is on Tier 4 doctoral extension dependent till June 2014. I can apply for her on FLR (M) application form or SET (M) application form. Now my question is, Do I need to apply her FLR or ILR with in 28 days after my ILR or I can wait till her current leave finish. My visa category will change from Tier 4 doctoral extension scheme to ILR, so her visa category need to be changed.

[Amber]

Once you are settled she can apply for FLR(M) then providing she meets the other requirements, once FLR(M) is granted she can settle on SET(M) by virtue of immigration rule 287(a)(i)(d). She should apply before her visa expires, if your decision has not been reached she can apply by post asking for a decision to be made after yours. Otherwise, I suggest that as soon as you are granted ILR you book a PEO appointment and get both FLR(M) and SET(M) completed before the rules change.

[awais77ak]

Guru many thanks for your advice. Yes I will apply at PEO using both FLR (M) and SET (M) application forms. I am looking for a full time job. To support her application I can provide bank statements with up to £6000 balance. Does It cover the maintenance requirement. She is under old immigration rules. She joined me as Tier 4 dependent in march 2011.

[Amber]

If you're working full time that's fine. Supply the last 3 months wage slips and corresponding bank statements.

[awais77ak]

But I am not working full time. I am looking for a full time job. With out full time job, can I support her visa application having bank statements with balance up to £6000.