10 years long residence applications

[cyyyynic]

I am happy that skies seem blue to you. For some of us others to whom unfortunately the skies are still black......

Could you please let us know, if your acknowledgement letter had come from Sheffield or Liverpool case work unit. I suspect the July/August applications are stuck in Liverpool and subsequently they sent the applications to other UKBA offices/CWU. Therefore all recent fortunate people who have got in last few weeks, could you please let us know where your applications were processed. This is just a hypothesis.

I have been another silent reader who could not remain silent anymore.

My time line

Application sent: 24/07/2012
Acknowledgement received from Liverpool: 09/08/2012
Biometric lenrolement letter posted:03/11/2012; Received 07/11/2012
Enrollment done 17/11/2012
Nothing since then....
Called UKBA - several times-you know the answer...
Sent letters to case work unit/ wrote complaint letter /MP wrote letter

Hi guys!
Just wanted to share the news... I got my ILR today!

Application type: 10 years long residence
Application made on: 05-09-2012
Fees paid by: Cheque
Acknowledgement letter received: 10-09-2013 (dated 07-09-2012)
Biometric letter received: 12-11-2012 (dated 11-11-2012)
Biometric done on: 15-11-2012
Passport and other documents: 08-03-13
BRP: waiting

eventhoug it's foggy..it seems as if the sky is blue again!!

KEEP STRONG guys... your IRL will be with you soon!!

[Damanisshallo]

Offside is nothing to understand about compare to UKBA

Ha ha...Well said...you know much about offside but, you don't know my wife.....

[smshad]

Hi everyone,
Congrats to all who have got their freedom recently.

Its happening again similar to Biometric invitations for mid July to mid August applications and late August, even September applications are getting decided.

I have sent email below today to HO. I sent similar type of email for Biometric invitation on 05/11/12 and receive my invitation on 14/11/12. Hope this time they will take some action as well.

All applicants for this period, please send similar type of email to HO to make our point.
Thanks,
Shad.

mail sent to: UKBACustomerComplaints@homeoffice.gsi.gov.uk

Subject: Feedback / Complaint regarding Service standards – SET (O) ILR applications on 10 years long stay basis.

Dear Sir / Madam,

I have read on UKBA website that Home Office welcomes feedback to resolves the complaints and improve the services. I would like to bring to your attention an issue related to service standards regarding ILR application process under the long residence category.

I find out that many applicants who applied on SET (O) 10 years stay in the UK category from mid-July 2012 to mid-August 2012 are still waiting for their final decision from Home Office, whereas applicants who applied in late August 2012 and early September 2012 are receiving their final decision from Home Office. I find out this information from various forums where applicants share their visa application timelines.

It has been more than six months I sent my application and still waiting for final decision.

I believe it is Home Office rule that applications are processed in the order they are received until there is any compelling circumstances. Because applications sent at later dates are receiving their final decisions, it has become a reason of concern for applicants who sent their applications earlier and are waiting for final decision. Could you please investigate or raise it with teams responsible to process SET (O) long residence ILR applications.

I will be grateful to you if you please raise this concern with the relevant team.

Kind regards,

Name: ..
Case reference number: ...
Email: .....

Address:

[nats]

Hi Damani, Just read your this post and it made me confused. My wife entered UK before 9th July 2012 so why she does not come under old rules?
Also she spent 2 years and 9 months with me in UK, so still she need to wait for 5 years for Set(m) or just 2 years as per old rules?

Can I get window appointment for her and try as Khall and Punjabis did?

Does my wife need to take ESOL test for FLR m? She already has passed Life in UK test.

Applied on 6 sep,biometrics done called HO yesterday as the 6 months time line is gone was told ur application is under process when I called them 2 weeks ago was told ur application is incomplete. I have got appointment at PEO for my wife on 21 of this month as her visa is gonna expire on 25/3/2013 if I won't hear any thing by dat time than I have to cancel her appt and post her application.she is here with me for past 4 years as a teir 1 dependant from what I have read on this forum I understand she is eligible to apply for set m soon after her flrm without waiting for 2 more years on spouse visa.i really can't afford to hire a solicitor.u guys are really very helpful thanks a lot for putting so much afford and valuable time in making immigration board forums.

If everything goes fine and you happen to make it to PEO for your Missus then If you are lucky enough you might get away with FLR(M) (Saving £561) and get SET(M) sanctioned. Anything is possible with UKBA. I've recently witnessed two similar situations with two different results. (Read Khall's Story and compare the same to Punjabis's Story)

Mr Khall had to pay for both FLR(M) & SET(M) where as Punjabis managed to get it done with mere SET(M).

UKBA is very confusing...I think I can rather explain what an offside in football is to my wife than understanding UKBA

[Punjabis]

Offside is nothing to understand about compare to UKBA

Ha ha...Well said...you know much about offside but, you don't know my wife.....

After you put this quote, I asked a question to my 'Mrs' if she knows what is offside? Ha ha When she replied I just could not stop laughing. Ha ha.

So the equation is
Offside rule explanation to wifes = UKBA

Lol

[Damanisshallo]

Hi Damani, Just read your this post and it made me confused. My wife entered UK before 9th July 2012 so why she does not come under old rules?
Also she spent 2 years and 9 months with me in UK, so still she need to wait for 5 years for Set(m) or just 2 years as per old rules?

Can I get window appointment for her and try as Khall and Punjabis did?

Does my wife need to take ESOL test for FLR m? She already has passed Life in UK test.

I suspect if her previous stay would count as she's out of visa. However, you can try to book a PEO appointment and explain to them the situation. As she was covered by Section 3C until her refusal and that you're making this application within 28 days of her refusal. You never know you might get lucky and get considered under old rules. Also because they can see that they were wrong in mentioning that your wife has still got a valid visa hence no appeal right. Possibly you might need to be stubborn as they are equally at fault as your lawyer. You can tell them that, have you had a right to appeal (which you should've at the first place) you'd have challenged and covered by Section 3D (refer to the quote to the end)

My suggestion is that you fill in both applications FLR (M) and SET(M) before your appointment . Also after repeatedly analysing Mr Khall & Mr Punjabis case, I've come to a conclusion that the only difference between both these cases is that Mr Khall had submitted his SET(M) after his FLR(M) was considered where as Mr Punjabis has raised the question even before handing his applications and submitted both applications simultaneously.

I could be completely wrong though but you can follow Mr Punjabis foot steps.

Reading VOLO process might help you understand Section 3C.

CONTINUATION OF LEAVE WHILE AN APPEAL COULD BE BROUGHT
Under sections 3C(2)(b) and 3D(2)(a) leave is extended while an in-country appeal could be brought against an immigration decision under section 82 of the 2002 Act (see IDI Chapter 12 for a complete list of immigration decisions).
An appeal can be brought until the end of the time limit for appealing against a decision which is 10 working days from receipt of the notice of decision. If the decision is sent by first class post, the decision is deemed to have been received 2 days after it was sent, unless there is proof to the contrary.
If no appeal is brought in time, leave to remain which is extended by 3C or 3D will lapse. If an out of time appeal is accepted by the Tribunal, leave is extended until the appeal is finally determined, withdrawn or abandoned.

[k_alibaba]

[quote="nats"]just came across this on UKBA website. This might help u if FLRm is correct form? http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

"Can you Apply:
This section is for those who applied for, or are applying for, leave to enter or leave to remain as a partner of a British citizen or a person who is settled here.

You cannot apply in a partner category if you:
are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; and
you do not qualify for settlement yet.
-------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------
ok. lets change the scenario,
does it means the a person who is settled and has a Dependent wife on 3 years Discretionary Leave can switch as a dependent ??

please someone says YES ..

[nats]

Thanks Damani, I am thinking to book PEO appointment because I guess they are considering her visa expiry as mentioned in her old BRP card that was in 2014. But not considering the letter they sent afterwards due to closure of my college.

For PEO appointment can Khall or Punjabis help me out what supporting documents they took with them? also did they gave ESOL test as well for FLR(m) or just Life in UK test?

Hi Damani, Just read your this post and it made me confused. My wife entered UK before 9th July 2012 so why she does not come under old rules?
Also she spent 2 years and 9 months with me in UK, so still she need to wait for 5 years for Set(m) or just 2 years as per old rules?

Can I get window appointment for her and try as Khall and Punjabis did?

Does my wife need to take ESOL test for FLR m? She already has passed Life in UK test.

I suspect if her previous stay would count as she's out of visa. However, you can try to book a PEO appointment and explain to them the situation. As she was covered by Section 3C until her refusal and that you're making this application within 28 days of her refusal. You never know you might get lucky and get considered under old rules. Also because they can see that they were wrong in mentioning that your wife has still got a valid visa hence no appeal right. Possibly you might need to be stubborn as they are equally at fault as your lawyer. You can tell them that, have you had a right to appeal (which you should've at the first place) you'd have challenged and covered by Section 3D (refer to the quote to the end)

My suggestion is that you fill in both applications FLR (M) and SET(M) before your appointment . Also after repeatedly analysing Mr Khall & Mr Punjabis case, I've come to a conclusion that the only difference between both these cases is that Mr Khall had submitted his SET(M) after his FLR(M) was considered where as Mr Punjabis has raised the question even before handing his applications and submitted both applications simultaneously.

I could be completely wrong though but you can follow Mr Punjabis foot steps.

Reading VOLO process might help you understand Section 3C.

CONTINUATION OF LEAVE WHILE AN APPEAL COULD BE BROUGHT
Under sections 3C(2)(b) and 3D(2)(a) leave is extended while an in-country appeal could be brought against an immigration decision under section 82 of the 2002 Act (see IDI Chapter 12 for a complete list of immigration decisions).
An appeal can be brought until the end of the time limit for appealing against a decision which is 10 working days from receipt of the notice of decision. If the decision is sent by first class post, the decision is deemed to have been received 2 days after it was sent, unless there is proof to the contrary.
If no appeal is brought in time, leave to remain which is extended by 3C or 3D will lapse. If an out of time appeal is accepted by the Tribunal, leave is extended until the appeal is finally determined, withdrawn or abandoned.

[Damanisshallo]

lets change the scenario,
does it means the a person who is settled and has a Dependent wife on 3 years Discretionary Leave can switch as a dependent ??

please someone says YES ..

Sorry, if this is not the answer you wanted to hear.

On 1 October 2004, Command Paper 6339 introduced a requirement preventing switching into the marriage category by a person who only has leave which was granted outside the Immigration Rules. Grants of discretionary leave are outside the Immigration Rules. Therefore those persons granted discretionary leave who apply on or after 1 October 2004 on the basis of a marriage, or the establishment of a partnership with someone present and settled here, cannot seek to switch into leave to remain on the basis of that relationship. Provided the relationship continues to exist they can seek to remain in the UK until they have completed 6 years‟ discretionary leave (in 2 periods of 3 years‟ stay) and then apply for settlement. Or, at a time of their choosing, they can leave the United Kingdom and apply for entry clearance from abroad.

[k_alibaba]

Oh ho, thanks bro.. youre a star of this forum.
so it means, my torture of dealing with UKBA will last for another couple of years ;(
does this DL rule apply to the children who have been here for 7 years or more cos my daughter came here at the age of 2 and she is nearly 9 years now. is there any provision that she can get settled earliest, giving the age consideration?

lets change the scenario,
does it means the a person who is settled and has a Dependent wife on 3 years Discretionary Leave can switch as a dependent ??

please someone says YES ..

Sorry, if this is not the answer you wanted to hear.

On 1 October 2004, Command Paper 6339 introduced a requirement preventing switching into the marriage category by a person who only has leave which was granted outside the Immigration Rules. Grants of discretionary leave are outside the Immigration Rules. Therefore those persons granted discretionary leave who apply on or after 1 October 2004 on the basis of a marriage, or the establishment of a partnership with someone present and settled here, cannot seek to switch into leave to remain on the basis of that relationship. Provided the relationship continues to exist they can seek to remain in the UK until they have completed 6 years‟ discretionary leave (in 2 periods of 3 years‟ stay) and then apply for settlement. Or, at a time of their choosing, they can leave the United Kingdom and apply for entry clearance from abroad.

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[Hwima]

hello july applicants

any update from
jewellondon,
ali-80,
eryck,
Hwima,
tapi98,
Sanji100,
andie_83,
kjess,
rassel2013

Hope someone will give us good news today

Hi

Am afraid not, called on Thursday as I began week 34 on Wednesday. Lady said its still in decision process. Sickening!

[Hwima]

Hello everyone,

I have been a silent reader on this forum for a little while now and I felt a bit selfish for not sharing my things whilst reading up on everyone's else.

First of all I'd like to share my timeline, which is :

Application posted on 03 sept 2012 (recorded next day delivery).
Acknowledgement letter recieved dated 05 sept 2012.
Can't remember when the money was taken out of my bank account, but it wasn't far off after i recieved my ack.letter.
Biometrics letter recieved on the 8th Nov 2012, dated 6th Nov 2012.
Biometrics done on the 8th Nov 2012.
Documents recieved : waiting ...........

Phoned UKBA today (7th March 2013) and the answer as everyone of you know is "YOUR APPLICATION IS NOT COMPLETED YET BUT IT WILL BE AS SOON AS POSSIBLE" (in another words "How long is the piece of string" obviously don't know).

I don't know whether my case is simple or not but the outline of my case is :
Entered U.K on student visa in 2002 (valid until 2006).
Married EEA national 2006. Got 1yr residence card on Workers registration Scheme. It took almost one year before the application was considered and UKBA granted me a visa in 2007 (dated 2007 -2008) (passport was in homeoffce all that time). Before my visa expired I applied for a 5yrs residence card and they granted me a Residence Card in 2009 for 5yrs. It took homeoffice 18months to decide my case (Don't know why?) again homeoffce had my passport all that time. My current 5yrs visa expires in 2014, Never been out of this country for more than 30 days in any given year. I was eligible to take 10yrs route to apply for ILR in sept 2012, Now having a valid visa on my passport, Guess where is my passport!!!!! HOMEOFFICE again!! for just over 6months now. Never had any luck having my passport back from the homeoffice soon enough and I'm sick and tired of all this. I hope I'm gonna get my ILR and will be a free man once again (inshallah) and my prayers are to all of you too.

Hi

I know how it feels. I think my passport has been in the hands of the Home Office at least a fifth of the time I've been in the UK. LOL

[harsh83uk]

Hi all,
I have been following this forum everyday as a silent reader. Thought of updating you all with some info.
My timeline:
Date of app: 22 AUG-12
Acknowledgement : 24 AUG 12
Bio metric Invite: 12 OCT-12
Bio metric enrolled: 16 OCT-12
ILR Approval - WAITING

As soon as 6 months was completed on 24 FEB-13, I sent an email to UKBA's complaints UKBACustomerComplaints@homeoffice.gsi.gov.uk to which I received a reply by post yesterday stating:-
" I am sorry you have not had any further correspondence from us since we wrote to you on 12 October 2012. Our published standards for ILR applications are that we aim to decide 95% of postal applications within six months. However, all applications are subject to a number of checks that must be made before they can be determined, including some with authorities outside of the UKBA and these can take some time to complete. As we have no control over the length of time taken to deal with these external enquiries, I cannot provide a definite date for conclusion, but can confirm that you will be notified of the outcome as soon as possible.
According to our records you enrolled your biometric on 16 Oct 2012 and this was successfully linked to your case. Your application will now be allocated to a caseworking team for urgent consideration."

I must also mention that when I had emailed the complaint, I had also contacted my local MP who had also sent a request to UKBA to expedite my application on 26 FEB-13 and thereafter my MP sent another reminder to UKBA on 5 MAR 13.

I have travel plans & tickets booked for 20th March which was booked way back in JULY last year. I had planned it giving enough time for my application (keeping their 6 month guideline in mind) + 1 extra month.
I am hoping to get my passport in the next 10 days, otherwise my travel plans, ticket is all wasted as they are non refundable.
My case is a straight forward case. No previous over stays or refusals. Not been out of UK for more than 45 days every year. Dont know why a straight fwd application is taking so long.

Just checking post everyday hoping the post man will bring my passport soon!!! This forum is so helpful & skydrive gives an idea of how UKBA are processing with applications. Just fingers crossed & hope for the best.

[fchowdhury1980]

Hi Everybody,

My ILR Time line is following:

Application Sent : 31/08/2012
Payment Taken Out : 07/09/2012 (Paid by Cheque)
Acknowledgement Letter Received : 07/09/2012 (Dated: 04/09/2012)
Biometric Invitation Letter Received : 17/11/2012 (Dated: 14/11/2012)
Biometric Done : 19/11/2012

It's been over 6 months... What should i do??? should i contact with my local MP or contact with UKBA or should i wait??? can anyone advice me please...??

[shahab99]

My wife is here in the UK for three years a student dependent.
When I get my ILR I will apply on FLRM for her
Question is does she need to do the engilsh language test.

Thnaks

Shahab

[Damanisshallo]

Question is does she need to do the engilsh language test.

Yes she does.

From 29 November 2010, a person who applies to enter or remain in the UK as a spouse, civil partner, fiancé(e), or proposed civil partner, unmarried partner or same-sex partner of a British citizen or person settled in the UK or as a post flight partner of a refugee or beneficiary of humanitarian protection is, unless they are exempted from the requirement, required to show that they can speak and understand English. If you are not a national of a majority English-speaking country (see Note 1 below) you will need to pass an acceptable English language test with a test provider approved by the UK Border Agency for this purpose (see Note 3 below), or to produce specified evidence that you have an academic qualification which is deemed to meet the recognised standard of a Bachelors degree, Masters Degree or PHD in the UK (see Note 2 below)

[rassel2013]

still waiting

[saanju9]

Offside is nothing to understand about compare to UKBA

Ha ha...Well said...you know much about offside but, you don't know my wife.....

After you put this quote, I asked a question to my 'Mrs' if she knows what is offside? Ha ha When she replied I just could not stop laughing. Ha ha.

So the equation is
Offside rule explanation to wifes = UKBA

Lol

Guys can you explain what offside is then....its killing me...

[Graceofgod]

Offside is nothing to understand about compare to UKBA

Ha ha...Well said...you know much about offside but, you don't know my wife.....

After you put this quote, I asked a question to my 'Mrs' if she knows what is offside? Ha ha When she replied I just could not stop laughing. Ha ha.

So the equation is
Offside rule explanation to wifes = UKBA

Lol

Guys can you explain what offside is then....its killing me...

Hi
As you may have noticed the fellow forum members have been sarcastic in saying that it is easy to explain off-side rules to their wives (women )than explaining the way how UKBA deals with applications.
Basically Offside in football is very complex rule although you think you know the rule but you may get surprised when referees apply this rule in different games.

A player is in an offside position if, when the ball is played by a team-mate, they are nearer to the opposition's goal line than both the ball and the second last opponent.
The second last opponent determines the line from where the offside area begins and can be anywhere in this half of the pitch.
The referee's assistant will make their decision based on this offside area.
All straightforward so far? This is where the grey areas start to make life a little confusing.
A change to the rule was introduced two years ago, which allows a player to be in an offside position provided they are not "actively involved in play".
It was designed to promote attacking football, but it is open to interpretation.
Fifa, world football's governing body, gives the following definition:
"Interfering with play means playing or touching the ball passed or touched by a team-mate."
However, a player does not necessarily have to touch the ball to influence play. They are still offside if, in the opinion of the referee, they are judged to be:
Interfering with an opponent If an attacker interferes with an opponent by either preventing them from playing or being able to play the ball by clearly obstructing the opponent's line of vision or movements or making a gesture or movement which deceives or distracts an opponent, then they are offside.
Gaining an advantage If the ball is played into the penalty area and he plays the ball that rebounds to him off a post, crossbar or an opposing defender, then the attacker is offside as they have gained an advantage by being in that position.
OFFSIDE ESSENTIALS
Here are a few more things to remember.
You can't be offside if:
You receive the ball directly from a goal kick, a throw-in or a corner
You are in your own half of the pitch
You are level with the second last or last two opponents
You are level with or behind the ball
You are not actively involved in play, as explained above
For any offside offence, the referee awards an indirect free-kick to the opposing team, to be taken from the place where the infringement occurred.

[patson1980]

Hi All

Just to let you know my timeline
1- Apply on 31/07/2012 for 10 years long residence (5 years students, 2 years post study ,3 years EEA family member). My status when applying was EEA family member

2-money taken from account 10/08/2012

3- Biometry sent 23/09/2012

4- contact my MP on the 5/03/2013 to expedite my application on a medical reason (Letter from GP stating that I am going abroad for treatment)
5- ILR approval 6/03/2013
6- document received 9/03/2013
7- BRP waiting
8- I have now 2 status! EEA family member and ILR (I can now travel for treatment)
I am so happy after about 7 and half month wait!

Keep faith and Pray, yours will soon come

[harsh83uk]

Guys,
I got my ILR approved and documents returned in time. Here is my timeline:-
Date of app: 22/08/12
Acknowledgement letter: 24/08/2012
Invite for bio-metric: 12/10/12
Bio-metric enrolled: 16/10/12
Documents received: 09/03/13
ILR approval date: 07/03/13

All those anxiously waiting, hope you all get your ILR approved and passports sent back as soon as. Just have patience. Best of Luck.

[kjess]

Congratulations! I had mine posted exactly one month before you but still waiting... :.(

Guys,
I got my ILR approved and documents returned in time. Here is my timeline:-
Date of app: 22/08/12
Acknowledgement letter: 24/08/2012
Invite for bio-metric: 12/10/12
Bio-metric enrolled: 16/10/12
Documents received: 09/03/13
ILR approval date: 07/03/13

All those anxiously waiting, hope you all get your ILR approved and passports sent back as soon as. Just have patience. Best of Luck.

[k_alibaba]

Guys,
I got my ILR approved and documents returned in time. Here is my timeline:-
Date of app: 22/08/12
Acknowledgement letter: 24/08/2012
Invite for bio-metric: 12/10/12
Bio-metric enrolled: 16/10/12
Documents received: 09/03/13
ILR approval date: 07/03/13

All those anxiously waiting, hope you all get your ILR approved and passports sent back as soon as. Just have patience. Best of Luck.

-----------
congrats for your ILR approval.

[k_alibaba]

Hi All

Just to let you know my timeline
1- Apply on 31/07/2012 for 10 years long residence (5 years students, 2 years post study ,3 years EEA family member). My status when applying was EEA family member

2-money taken from account 10/08/2012

3- Biometry sent 23/09/2012

4- contact my MP on the 5/03/2013 to expedite my application on a medical reason (Letter from GP stating that I am going abroad for treatment)
5- ILR approval 6/03/2013
6- document received 9/03/2013
7- BRP waiting
8- I have now 2 status! EEA family member and ILR (I can now travel for treatment)
I am so happy after about 7 and half month wait!

Keep faith and Pray, yours will soon come

--------------
congrats.. for your ILR approval

[inzi2k]

Hi all,

Its been more than 7 months since I applied my ILR, now I want to change my address but not too sure how this would affect my application.

Do I only need to post the letter with all my detail and my new address to the following address?

UK Border Agency
Liverpool Settlement Casework
PO Box 306
Liverpool
L2 0QN

would that be enough ? or
Do I need to call HO at 0870 606 7766 to tell them new address, (they normally don't receive call at this number)?

Can some one give me guidance?