10 years long residence applications

Dear friends
Quick question . I forgot to send photocopies of my documents with my ILR application and original documents. Does it effects if we don't send a set of photocopy of all documents? Answer pls as it is worrying me now. Thanks

mskhan78 wrote:Dear friends
Quick question . I forgot to send photocopies of my documents with my ILR application and original documents. Does it effects if we don't send a set of photocopy of all documents? Answer pls as it is worrying me now. Thanks

Well If you are worried about this u can always post them if you have copies with u....other wise dont worry I dont think they will decide your application based on this.....

my hubby didn't send any copy and received ilr without any problem

mskhan78 wrote:Dear friends
Quick question . I forgot to send photocopies of my documents with my ILR application and original documents. Does it effects if we don't send a set of photocopy of all documents? Answer pls as it is worrying me now. Thanks

virgono1 wrote:By the Grace of Almighty Allah I have received my documents along with BRP today.

Here is my timeline
Applied on 26/11/13
Acknowledgement: 04/12/13
Bio Invitation: 31/12/13
Bio Enrolled: 04/01/14
Documents and BRP received: 18/03/14

Date on the approval letter: 06/03/14


Thanks a lot for all the help and support given on this forum. Keep up the good work.
All the best to those who are waiting.

congrats.... i hope to receive good news this week... praying hard

KashRIz wrote: I have read through this HC1138 (page 9 7.11). My understanding is that every one who gets ILR (LR) their depends will apply via Flr(m) but important thing is that it does not say any thing about transitional period for dependants so I believe that transitional set up is still in place all we have to do is apply for Flr(m) then SET(m). Our dear friend sswsz is one of the lucky ones who got her ILR straight away. Guys please correct me if I m missing any thing here.

I'm not sure if this is the case. These immigration rules are incredibly complicated so please correct me if I'm wrong.

The new law from 06 APR 2014 has a negative requirement for "an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom" that the leave the dependent holds "was not as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant;" (284 (i), at p.15 of HC1138)

This means PBS dependents cannot switch to FLR(M) under 284 (i) from 06 APR 2014.

To qualify for the 2 year rule you need to apply as FLR(M) under 284 (i) when applying for settlement (287 (a) (i) (d), at p. 12). So dependents of those who get their ILR via 10 year long residence route CANNOT benefit from this rule and have to go via the 5 year route and the clock is reset because of E-ILRP.1.3 (at p. 16).

This is why vinny and Amber_ are asking people to switch to FLR(M) NOW.

If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).
2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:

http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.



4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).


So basically you are saying that they are abolishing this transitional period structure. May be you are right but we have to wait till 6th April . I m still waiting for my application result so I cant apply before 6th April for my Mrs. I hope and pray that this is not the case and they will keep this transitional period in place.

KashRIz wrote: So basically you are saying that they are abolishing this transitional period structure. May be you are right but we have to wait till 6th April . I m still waiting for my application result so I cant apply before 6th April for my Mrs. I hope and pray that this is not the case and they will keep this transitional period in place.

I believe your partner can apply for FLR(M) now (via post obviously). See When to apply for FLR(M)?

ahyang0129 wrote:

KashRIz wrote: So basically you are saying that they are abolishing this transitional period structure. May be you are right but we have to wait till 6th April . I m still waiting for my application result so I cant apply before 6th April for my Mrs. I hope and pray that this is not the case and they will keep this transitional period in place.

I believe your partner can apply for FLR(M) now (via post obviously). See When to apply for FLR(M)?

She has a leave upto april 2016. Can she still apply now via post??

KashRIz wrote:

ahyang0129 wrote:

KashRIz wrote: So basically you are saying that they are abolishing this transitional period structure. May be you are right but we have to wait till 6th April . I m still waiting for my application result so I cant apply before 6th April for my Mrs. I hope and pray that this is not the case and they will keep this transitional period in place.

I believe your partner can apply for FLR(M) now (via post obviously). See When to apply for FLR(M)?

She has a leave upto april 2016. Can she still apply now via post??

She can apply at anytime. In fact if she needs to travel abroad and during this period you get your ILR, she might be refused to enter since she can no longer considered as a PBS dependent. This is why in the post it is advised that people should apply before they travel outside CTA.

I believe your partner can apply for FLR(M) now (via post obviously). See When to apply for FLR(M)?[/quote]

She has a leave upto april 2016. Can she still apply now via post??[/quote]

She can apply at anytime. If fact if she needs to travel abroad and during this period you get your ILR, she might be refused to enter since she can no longer considered as a PBS dependent. This is why in the post it is advised that people should apply before they travel outside CTA.[/quote]

Ok So you are suggesting me to send her application now and wait. What if they say that ur partners application is not decided yet then y r u applying now?...

KashRIz wrote: Ok So you are suggesting me to send her application now and wait. What if they say that ur partners application is not decided yet then y r u applying now?...

The only thing said on the FLR(M) form and guidance notes and on gov.uk is that you have apply before your visa expires. It is unlike SET(LR) application. I'm not sure if this answer is satisfactory though...

The only thing said on the FLR(M) form and guidance notes and on gov.uk is that you have apply before your visa expires. It is unlike SET(LR) application. I'm not sure if this answer is satisfactory though...[/quote]

Thank you very much for information.

I have been a silent reader of this forum for so long and thought I should update you guys about my application.
But I am concerned after reading some recent comments about changes to dependent route! So changes mean If I don't receive my application before 6th of April my wife has to wait another 5 years despite she is been in UK for 5 years!

Application Sent:01/02/2014
Payment Taken out:05/02/2014
Ackn letter:13/02/2014
Bio letter rec:17/02/2014
Biometrics enrll:18/02/2014
Approval: Waiting

Please, I will be happy if any forum members can clarify the 28 days required to make any postal applications. Is this 28 working days(without weekend) or 28 days including weekend?

Alexy1 wrote:Please, I will be happy if any forum members can clarify the 28 days required to make any postal applications. Is this 28 working days(without weekend) or 28 days including weekend?

28 days including weekends, for example if some one completing 10 years on 31 March 2014, he can apply for ILR on 4 March 2014 before 28 days , I think this helps. Thanks

Hello. Amber , Vinney and other Gurus

its very important question

Can PBS dependants( came before 09 July 2012) apply for FLR(M) while their partners are waiting for decision on SET(LR)?

if yes, then

What will happen if they get FLR(M) alongwith their partners ILR?

Will PBS dependants still be treated through new rules (according to HC 1138)? OR

They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). Their partners can still apply through FLR(M) alongwith a cover letter which is available on skydrive.

maaan143 wrote:Hello. Amber , Vinney and other Gurus

its very important question

Can PBS dependants( came before 09 July 2012) apply for FLR(M) while their partners are waiting for decision on SET(LR)?

if yes, then

What will happen if they get FLR(M) alongwith their partners ILR?

Will PBS dependants still be treated through new rules (according to HC 1138)? OR

They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.

Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.

KashRIz wrote:

maaan143 wrote:Hello. Amber , Vinney and other Gurus

its very important question

Can PBS dependants( came before 09 July 2012) apply for FLR(M) while their partners are waiting for decision on SET(LR)?

if yes, then

What will happen if they get FLR(M) alongwith their partners ILR?

Will PBS dependants still be treated through new rules (according to HC 1138)? OR

They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.

Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.

I knw that they can apply, a friend of mine applied few months ago with his application for his partner and they got that even his partner has 2 years left on visa.

They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.[/quote]
[/color]
Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.[/quote]

I knw that they can apply, a friend of mine applied few months ago with his application for his partner and they got that even his partner has 2 years left on visa.[/quote]

Did they apply together??? I have already sent my application.

KashRIz wrote:They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.

[/color]
Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.[/quote]

I knw that they can apply, a friend of mine applied few months ago with his application for his partner and they got that even his partner has 2 years left on visa.[/quote]

Did they apply together??? I have already sent my application.[/quote]

He applied with his application but you can apply after as well. i got same timeline as you , i applied on 06 Jan 2014 and still waiting for decision. I think if they treat our partners through old rules then we should apply by post before 06 April 2014. i have also request UKVI for this explanation yesturday and waiting for their reply. I can send you that email copy if you want.

maaan143 wrote:

KashRIz wrote:They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.

[/color]
Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.

I knw that they can apply, a friend of mine applied few months ago with his application for his partner and they got that even his partner has 2 years left on visa.[/quote]

Did they apply together??? I have already sent my application.[/quote]

He applied with his application but you can apply after as well. i got same timeline as you , i applied on 06 Jan 2014 and still waiting for decision. I think if they treat our partners through old rules then we should apply by post before 06 April 2014. i have also request UKVI for this explanation yesturday and waiting for their reply. I can send you that email copy if you want.[/quote]

Thats wonderful, so we should wait for UKVI and apply before april 6. Thanks mate...

Many thanks for yr reply

KashRIz wrote:

maaan143 wrote:

KashRIz wrote:They will be eligible for ILR, soon they get FLR(M).

I think this post will help those who are waiting for decision on SET(LR). They can still apply for FLR(M) alongwith a cover letter which is available on skydrive.

[/color]
Yes I would like to raise the same question. Just to add if partner have a valid leave to remain as dependent til 2016. Can they still apply.

I knw that they can apply, a friend of mine applied few months ago with his application for his partner and they got that even his partner has 2 years left on visa.

Did they apply together??? I have already sent my application.[/quote]

He applied with his application but you can apply after as well. i got same timeline as you , i applied on 06 Jan 2014 and still waiting for decision. I think if they treat our partners through old rules then we should apply by post before 06 April 2014. i have also request UKVI for this explanation yesturday and waiting for their reply. I can send you that email copy if you want.[/quote]

Thats wonderful, so we should wait for UKVI and apply before april 6. Thanks mate...[/quote]


We got same situation, can u give me ur email address , we prob will talk on fone after

I won an appeal on flro at the 1st tier tribunal but the home office challenged this appeal at upper tribunal and the hearing date for the appeal at upper tribunal will be around September 2014
However, I am now eligible to apply for indefinite leave on the basis of 10-year long residence.

PLEASE, CAN I SUMBIT MY APPLICATION FOR INDEFINITE LEAVE TO REMAIN NOW OR WAIT TILL HEARING DAY IN SEPTEMBER?

Remember, I was not the one that applied to the upper tribunal so I cannot withdraw the appeal.

Thanks

He applied with his application but you can apply after as well. i got same timeline as you , i applied on 06 Jan 2014 and still waiting for decision. I think if they treat our partners through old rules then we should apply by post before 06 April 2014. i have also request UKVI for this explanation yesturday and waiting for their reply. I can send you that email copy if you want.[/quote]

Thats wonderful, so we should wait for UKVI and apply before april 6. Thanks mate...[/quote]


We got same situation, can u give me ur email address , we prob will talk on fone after[/quote]


I sent you a PM....