10 years long residence applications

[shaik719]

I’ve been silent reader for long time:

I would like to take this opportunity to thank everyone on this forum.
My timeline:
Application send: 16/01/13
Bio : 29/01/2013
Docs received: 18/06/2013 (appr: 15/06/2013)
BRP: waiting
Student 5 y+0.5 IGS + 4,5 T1G, no gaps.

Now I have dilemma how my wife can get ILR. We’ve been married here in the UK from sep 2008, she switched to tier 1 dependant visa in 2009 and extended her stay as tier 1 dependent in Oct 2010 and her visa will expire in Oct 2013. I received my ILR on basis of 10 years and I read successful stories about switching from Tier 1 G Dependant to ILR with SET (M) and without FLR (M).

We planning to try Croydon PEO

Please advice:
1) Can my wife apply for ILR with SET (M)? Is 287. (a) i(d) could be applied here? What documents needed here? Especially interested do we need to show finances and maintenance? How much should we have?

2) Or should we apply with FLR (M) ? What documents needed here? Especially interested do we need to show finances and maintenance? How much should we have?

Who have had same situations?

congrats brother enjoy your freedom as per my research on the issue you cant go with set(M) for now i think but better wait for reply from senior members like damnisshallo. you said you are going to try in peo croydon any way you can ask the case worker about your situation and clarify your doubts when you go for flr(M). i done the same in sheffield peo with my fine in court about civil case. what ever please post on the forum as many members are confused with this situation who ever got their ilrs.

[Amber]

I’ve been silent reader for long time:

I would like to take this opportunity to thank everyone on this forum.
My timeline:
Application send: 16/01/13
Bio : 29/01/2013
Docs received: 18/06/2013 (appr: 15/06/2013)
BRP: waiting
Student 5 y+0.5 IGS + 4,5 T1G, no gaps.

Now I have dilemma how my wife can get ILR. We’ve been married here in the UK from sep 2008, she switched to tier 1 dependant visa in 2009 and extended her stay as tier 1 dependent in Oct 2010 and her visa will expire in Oct 2013. I received my ILR on basis of 10 years and I read successful stories about switching from Tier 1 G Dependant to ILR with SET (M) and without FLR (M).

We planning to try Croydon PEO

Please advice:
1) Can my wife apply for ILR with SET (M)? Is 287. (a) i(d) could be applied here? What documents needed here? Especially interested do we need to show finances and maintenance? How much should we have?

2) Or should we apply with FLR (M) ? What documents needed here? Especially interested do we need to show finances and maintenance? How much should we have?

Who have had same situations?

Please start a new thread in the main forum.

[smshad]

Hi everyone,
Thanks to All Mighthy Allah that things have progressed in right direction for me.
I wanted to share because many on this forum are / will be on same situation.

I got my ILR 10 years long stay on 01 May 2013 and my wife’s FLR(M) approved and then daughter’s MN1 approved on 20 June. Now I am sending wife's ILR next week.

Wife’s FLR(M) details:
Applied on:11 Feb, 2013
Biometric enrolled: 23 Feb, 2013
2nd Biometric enrolled: 04 May 2013 (Sent my ILR copy to UKBA same day)
Visa issued: 30 May

Daughter's MN1 application details:
Visa expired on 13 Feb but did not apply for FLR(M)
Born in the UK, 3.5 years old
MN1 application posted: 25 May 2013
Approval letter received: 19 June with original documents back.
British citizenship certificate: 20 June 2013

All applications applied myself, no solicitor/lawyer used.
Thanks
Shad,

[goodies901]

hi every one,
I have been a silent reader since Jan 13, just wanted to update my skyline.
Application send: 20/01/13
Bio M :05/02/2013
ILR and Doc received: 19/06/2013

i would encourage every silent reader to at least update their skyline when they get ILR coz this does help others who are waiting...

6 years student
1 year psw
3 general T 1

No solicitors
All I did send was
Passports (( i had one stamp missing in 2004 on arrival in UK))
Employers letter
P60
LIFe in uk
Bank statement
Pay slips
Thank you every one and good luck

congratulation can you clear my confussion is that life in the uk test have to do for ILR or we need this certificate when apply for british passport thank you

You need it to apply LR.

[goodies901]

Hi everyone,
Thanks to All Mighthy Allah that things have progressed in right direction for me.
I wanted to share because many on this forum are / will be on same situation.

I got my ILR 10 years long stay on 01 May 2013 and my wife’s FLR(M) approved and then daughter’s MN1 approved on 20 June. Now I am sending wife's ILR next week.

Wife’s FLR(M) details:
Applied on:11 Feb, 2013
Biometric enrolled: 23 Feb, 2013
2nd Biometric enrolled: 04 May 2013 (Sent my ILR copy to UKBA same day)
Visa issued: 30 May

Daughter's MN1 application details:
Visa expired on 13 Feb but did not apply for FLR(M)
Born in the UK, 3.5 years old
MN1 application posted: 25 May 2013
Approval letter received: 19 June with original documents back.
British citizenship certificate: 20 June 2013

All applications applied myself, no solicitor/lawyer used.
Thanks
Shad,

Congrats and thanks for sharing. I think there is also an MN1 timeline somewhere on the forum and could do with your update on that thread as well. Enjoy your freedom

[SUKU]

hi all and Damanisshallo
i need your help as my wife flr(M) refused on the base of financial requirement.another ukba stupid decision . this is the details
i apply my ilr under 10 yrs LAST AUGUST AND GOT IT ON MARCH 2013. I APPLY FOR MY FLR (M) IN DECEMBER 2012. SHE CAME TO UK AS STUDENT DEPENDANT IN OCT 2005. THEN FROM OCT 2008 PSW DEPENDENT AND THEN TILL DEC 2012 TIER 1 G DEPENDANT. according to this she don't need 18600 requirement. but they say she don't met E-LTRP.3.1 OF immigration rules .
front of the letter they says '' you entered uk as STUDENT IN OCT 2005. WHICH IS WRONG.
now please advice me what to to . shhave right to appeal within 2 weeks.

thanks

[SUKU]

hi all
please point out me the immigration rules or link which says the before july 2012 financial requirement and alsoI read similar story some time ago here. please point out me .
thanks in advance

[jasim]

Thank you all soooo much for all the help & support . Thanks also to the person who already updated my Skydrive before i did it. I do pray for the people who are still waiting. Just be patient. Your time will come soon In Sha Allah.
Jasim

[z18runway]

Damanisshallo wrote

As I mentioned in the past, with UKBA there are either rules or kind of axioms. In this particular case the rule is to satisfy Para 319E and because one cannot satisfy this rule, they will have to switch in order to get considered under Para 319E. This is my assumption.


NB: Arguing isn't wrong, However, it should be a constructive discussion. The main agenda is, we shall argue to come to a conclusion and not prejudice and keep arguing to prove it.

The link you have provided is totally different from my query.
In that query, that applicant has asked the settlement ops policy team about 'applying directly SET(m) without switching to FLR(m).

Damanisshallo now you have understand my question first.

my situation is different.My spouse is switching to FLR(M) from psw dependent. my question initially is can she apply for SET(m) straight away once her FLR(m) is approved or she has to wait for further qualifying period of 2 years.

But you have quoted a immigration rules which is not relevant to my query. Your quoted reply is here again to remind you

PBS migrant obtained ILR under the long residency provisions. Therefore, their partner would not be eligible to apply for ILR under paragraph 319E and would need to apply to "switch" and submit form FLR(M) for further leave to remain.

Thanks for all your replies from damanisshallo and other members,I will temporarily suspend this query for a while until i get reply back from Home Office, As i am sure that the reply from HO will help other members like me who wish to apply ILR after FLR(m).

[z18runway]

Thank you very much for your advice.

Here is the reply from HO that my wife can apply for ILR after FLR granted. Iam so happy with this.


The question asked:


Dear Home Office,



Could you please clarify,

The main migrant granted ILR on the basis of 10 years long residence, and the main migrant prior to ILR was on a Tier 1 PSW along with his dependent wife.

1) After 'switching' to FLR(M), can the dependent apply for ILR immediately, as the dependent has already spent more than 2 years as a PSW dependent prior to the FLR(M)?.

2)Will the years spent as a PBS dependent (Tier 1 (PSW) Dependent) granted entry clearance prior to July 2012 count towards the qualifying period? Or the qualifying period starts from the date FLR (M) was granted.
3) Can you please site the immigration rules to substantiate your reply.

Thanks


Here is the reply from Home Office:


Dear *****,


I can confirm that when a PBS migrant is granted ILR under the immigration rules for long residency, their spouse and any dependants must make an application to switch into the family rules, using the FLR(M) application form. If the spouse was granted leave to remain before 9 July 2012, as the PBS migrant’s dependant, they can apply for settlement as soon as they have completed the two year qualifying period in the UK. If they had already completed the 2 year qualifying period before making their FLR(M) application, then they could submit an application for ILR immediately after being granted FLR.



The appropriate paragraph of the immigration rules is 287(a)(i) and 287(d).



I trust this answers your question.


******
Settlement, Family and Nationality Operational Policy & Rules |Operational Systems Transformation | Home Office

[Lcj]

Hi z18runway, which homeoffice address did you post your question because my husband is on discretionary leave so l wanted to find out whether he can switch to my ilr which l got recently under 10years

[Style13]

Does 3 years discretionary leave counts towards 10 years long residence?

[raholptl]

silent member on here, but a very useful site

Date applied: 25 February 2013
Acknowlegdment: 28 February 2013
Money Taken: 28 February 2013
Biometric Invitation: 8 March 2013 (Letter dated 5 March)
Biometric Completed: 11 March 2013
ILR Approval Letter: 6 June 2013
BRP: 6 June 2013
Document Return: 6 June 2013


That is my timeline for SET (O) based on 10 years long residence. Total 15 weeks of waiting.


My case is straightforward (5 years student + 1 year IGS + 4 years work permit) and so probably why it was relatively quick.

At time of application I had been in UK 10 years and 3 months. I also only had 4 months left on my 5 year work permit

As a note, as of this month I could also have gone down the 5 year work permit route (and processed same day) as this was an option for me but the minimum document requirements (i.e I only sent my passport + Life in UK Test Certificate) of long residence made this the better choice for me.

The Home Office are improving, and my only advice to anyone applying is be prepared to WAIT!

Keep the faith

Congratulations yandi,
As u said u only sent passpost and life in the UK Test. Did u not send anything else? Did u send biometric card? My case is the same as urs. I want to apply next month. I just wanted to know if there is anything else I should send. Thanks in advance.

[Amber]

Does 3 years discretionary leave counts towards 10 years long residence?

You should create a new thread in the main forum.

[Damanisshallo]

Does 3 years discretionary leave counts towards 10 years long residence?

Discretionary Leave is granted out side the immigration rules and from the quote below, I'd think DL falls under the third category to be considered as lawful continuous residence. Hence, you should be okay. However, have a second opinion.

(b) "lawful residence" means residence which is continuous residence pursuant to:

(i) existing leave to enter or remain; or

(ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or

(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

See if you can find any interesting facts from Discretionary Leave and read through this thread

[jony_dhaka]

silent member on here, but a very useful site

Date applied: 25 February 2013
Acknowlegdment: 28 February 2013
Money Taken: 28 February 2013
Biometric Invitation: 8 March 2013 (Letter dated 5 March)
Biometric Completed: 11 March 2013
ILR Approval Letter: 6 June 2013
BRP: 6 June 2013
Document Return: 6 June 2013


That is my timeline for SET (O) based on 10 years long residence. Total 15 weeks of waiting.


My case is straightforward (5 years student + 1 year IGS + 4 years work permit) and so probably why it was relatively quick.

At time of application I had been in UK 10 years and 3 months. I also only had 4 months left on my 5 year work permit

As a note, as of this month I could also have gone down the 5 year work permit route (and processed same day) as this was an option for me but the minimum document requirements (i.e I only sent my passport + Life in UK Test Certificate) of long residence made this the better choice for me.

The Home Office are improving, and my only advice to anyone applying is be prepared to WAIT!

Keep the faith

Congratulations yandi,
As u said u only sent passpost and life in the UK Test. Did u not send anything else? Did u send biometric card? My case is the same as urs. I want to apply next month. I just wanted to know if there is anything else I should send. Thanks in advance.

congratulation man .. my one is like you .. 13 week gone so far

[z18runway]

Hi z18runway, which homeoffice address did you post your question because my husband is on discretionary leave so l wanted to find out whether he can switch to my ilr which l got recently under 10years

SettlementOpsPolicy@homeoffice.gsi.gov.uk

[DB12]

Hi Damani & All,

last week i applied in person for my wife's SET-M application and it was successfully approved also received my sons british citizen registration and applied for British passort already.

it is big freedom.....citizenship application will be next step after 12months.

thnak you all for the help......

as i have received approval on SET-0 10 years route & my wife received aprroval last week on FLR-M can you please let me know which application should i use to apply for her settlement?. is it SET-M?

My wife came to UK in June-2009 on PSW visa and she also completed 2 years as Tier-1 (HSMP)

i want to book an appointment to apply in peron. can you please suggest me what pages of immigration rules should i take with me so i can explain if somthing goes wrong.....

AFAIK, If one qualifies for ILR through FLR(M) then SET(M) is the form. Good Luck...

Take the below only to let your CW know that the below doesn't applies to your wife as she's been on a route to settlement for the past 2 yrs. I know this is evident but CW not always have the same kind of experience or knowledge. I wish they had some Certification like IT Professionals.

To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.

You should use application form SET(M) if you:

currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-gender partner of a British citizen or a person settled here;

have lived here for 2 years in this category; and

are still planning to live together (and are still married or in a civil partnership, if applicable).

[saanju9]

Does 3 years discretionary leave counts towards 10 years long residence?

You should create a new thread in the main forum.

D4109125 : I can see your a Guru and I have seen you suggesting people to either start a new thread or to go to another thread... and in all those cases they are in someway or the other related to 10 Yr Long residency (either about dependents of 10 Yr LR or being on the route to 10 Yr LR like the one above)...

Up until now we have everything related to 10yr LR in one place...which is easy to read and to give suggestions. For example, I got my ILR already and I still come here every morning (at least in week days) to see if I can help someone... I don't think I want to go to 10 different threads every morning (Searching all of them - thinking this would be relevant or not) just to give suggestions...

So if don't mind could this thread be left as it is... as it is running fine for this past 1 year I am following it...

Appreciate it

[Jongo]

Hi, iam glad to let u know that the wait is over.
It has been eight months.and my case was not
Straight forward that is why I was on DLR.i have been
Granted .thank you all no lawyer,no mp,just me and my GOD.
Can you update my sky drive.
Application sent on 19-10-2012

Bio. Sent on 15-12-2012. Done 28-12-2012
Doc returned 24-06-2013
Waiting for card
My story.when I called on 22 the HM,THE person told me a reply has
Been sent to me.trust me idid not know whether this was agood call
Or not,was at work but I could see everything changing by this mail.trust me
I did not tell anyone of this call.and it was the longest weekend and I just calmed and got stuff That kept me occupied.
I thank God f

I got

[Yash33]

Congrats Jongo...

[Amy_le]

My case:

More than 4 years students, 2 years post study work, almost 4 years on Tier 1 general.

Application posted on 11/02/2013
Confirmation received on 14/02/2013
Biometric taken on 16/03/2013


Application status: Waiting....grrrrrrr

[Amber]

Regarding flr(m) for a pbs dep where the spouse has settled via long residence and was not on a PBS route to settlement see http://www.immigrationboards.com/viewtopic.php?t=138379

[FarhanSibtain]

Hi
My name is Farhan Sibtain I came to UK on 24 Jan 2004, and I did my MBA in oct 2008, and wanted to apply PSW visa in the beginning of 2009 because my visa was going to expire on 29 jan 2009. in Nov 2008 i went to Pakistan to visit my family for a month came back on 28th NOV 2008, due to the rules change for maintenance funds i could not apply the PSW visa from UK and went to Pakistan again to apply the PSW visa.
Due to some unavoidable circumstances I had to stay there for 11 months. I came back again on 08th Jan 2010
My question is that am i still eligible to apply long residency visa. because my 10 years (not consecutive) will be in Jan 2014.
What are the reasons they consider if you are out of the UK for a long time but you still can apply for long residency visa

[GodGives]

Hi, iam glad to let u know that the wait is over.
It has been eight months.and my case was not
Straight forward that is why I was on DLR.i have been
Granted .thank you all no lawyer,no mp,just me and my GOD.
Can you update my sky drive.
Application sent on 19-10-2012

Bio. Sent on 15-12-2012. Done 28-12-2012
Doc returned 24-06-2013
Waiting for card
My story.when I called on 22 the HM,THE person told me a reply has
Been sent to me.trust me idid not know whether this was agood call
Or not,was at work but I could see everything changing by this mail.trust me
I did not tell anyone of this call.and it was the longest weekend and I just calmed and got stuff That kept me occupied.
I thank God f

I got

Hi Jongo,

Congrats on Ur case. Could you please give a brief detail of Ur history. Also were u granted another 3yrs Dlr? Thanks