10 years long residence applications

SSWSZ wrote:Sorry I myself is so confused with all this but what I thought is transitional arrangement cover both things (no Financial requirement + 2 years residential requirement) as I post home office mail it's seems like this to me.

And according to memorandum they are correcting mistake and they said other then work permit holder dependents no one will be able to take advantage of transitional arrangement .so what my thinking is they are imposing financial requirement and also start considering dependent of lr after they transfer to flr .the thing that force me thinking on this logic is when I went to peo for my ILR my case worker clearly said that on flr you will be start consider dependent of settled person (who got ILR through lr) .its like a fresh application you are applying first time and in this case new rules apply on you .but thank GOD their mail work at that time and I got ILR . But still I suggest search about this as I am not expert .i myself is reading this and trying to understand but no use .

msmussaf wrote:Sorry to bother you again SSWSZ.
Again I am still stuck there. Yes they intend to do it but in immigration rules 287 (a)(i)(d) deals with this.
In this document tell me which paragraph or line is going to replace current rule.
Searched 287 in the whole document but couldnt find.
I think they are going to repeat their mistake.
any opinion ?

msmussaf wrote:Sorry to bother you again SSWSZ.
Again I am still stuck there. Yes they intend to do it but in immigration rules 287 (a)(i)(d) deals with this.
In this document tell me which paragraph or line is going to replace current rule.
Searched 287 in the whole document but couldnt find.
I think they are going to repeat their mistake.
any opinion ?

GOd Helps wrote:can some one kindly explain this
A person who meets the following criteria, in one of the categories specified below, will remain subject to the Immigration Rules in force as at 8 July 2012 until settlement (the grant of indefinite leave to remain) even where the application is granted on or after 9 July 2012:
(i) to a person who made an application before 9 July 2012 under Part 8 of the Immigration Rules which was not decided by 9 July 2012; and
(ii) to applications made by a person who is in the UK and had been granted entry clearance or limited leave to remain under Part 8 following an application for initial entry clearance or leave to remain under Part 8 submitted before 9 July 2012 and this leave is extant where this is a
(page 4 of https://www.gov.uk/government/uploads/s ... -guide.pdf
this is for transitional arrangents .

ahyang0129 wrote:

msmussaf wrote:Sorry to bother you again SSWSZ.
Again I am still stuck there. Yes they intend to do it but in immigration rules 287 (a)(i)(d) deals with this.
In this document tell me which paragraph or line is going to replace current rule.
Searched 287 in the whole document but couldnt find.
I think they are going to repeat their mistake.
any opinion ?

287 (a) (i) (d)
the applicant was admitted to the UK or given an extension of stay as the spouse
or civil partner of a Relevant Points Based System Migrant; and then obtained an
extension of stay under paragraphs 281 to 286 of these Rules and has completed a
period of 2 years as the spouse or civil partner of the person who is now present and
settled here; or


HC 1138 (if this is the document you searched) does not alter a word in 287 (a)(i)(d). What's going to changes is 284(i).

PBS dependents of those who get their ILR via long residence need to switch to FLR(M) ('an extension of stay") under (old) 284 (i) then they can apply for ILR under the conditions set by 287 (a) (i) (d), i.e., 2 years. From 06/04/2014 they cannot get an extension of stay under the old rule because the rule 284(i) is changed. 287 (a) (i) (d) becomes irrelevant to them. Instead they need to apply for their extension of stay under Appendix FM, i.e., post- July 2012 5 year rules.

malik15 wrote: I've applied on 17th March, payment taken today, 19th March. My wife is on Tier 1 General Dependant visa and it looks like she will not be eligible for ILR after completing 2 years as per the new rules coming in to force from 6th April 2014. She is in the UK since June 2012.
Can someone clarify if that is in fact the case will she need to spend 5 year in the UK including time spent as Tier 1 dependant or 5 years will start from the date she gets FLR(M).
I’m seriously considering of withdrawing my application and applying next year so we can get ILR together. It’s just a shame that the £1051 is gone down the drain for nothing

msmussaf wrote: Please tell me in simple points that in my case what will happen i applied SET LR Currently in process. Biometrics done today. Wife Visa is going to end in June 2014. Uk Born son age SIX years. Wife already spent 6 and half year in Uk on Tier 4 student dependent.

I was student so can not meet the financial requirement. 18600 etc.
If the 5 years period starts when she will get visa on FLR M then there is trouble for waiting so long.

If i apply FLR m Before 6th April with a covering letter. Which rules will apply on her.

If the 5 years period is to prove the genuineness of relationship then she has proved already in this country.

ahyang0129 wrote:

malik15 wrote: I've applied on 17th March, payment taken today, 19th March. My wife is on Tier 1 General Dependant visa and it looks like she will not be eligible for ILR after completing 2 years as per the new rules coming in to force from 6th April 2014. She is in the UK since June 2012.
Can someone clarify if that is in fact the case will she need to spend 5 year in the UK including time spent as Tier 1 dependant or 5 years will start from the date she gets FLR(M).
I’m seriously considering of withdrawing my application and applying next year so we can get ILR together. It’s just a shame that the £1051 is gone down the drain for nothing

1. under the 5 year route and the clock starts from the date she gets FLR(M)
2. the alternative is that she applies for FLR(M) by 05/04/2014 and she'll be under the 2 year rule. when both of you get your respective leaves apply SET(M) for her. (£578+£1051)

amjadleeds wrote:Hi everyone

I have applied ILR on basis of 10 years rule on OCT 2012 still waiting for decision. My solicitor applied for my family leave on flro form , Home office refused with right of appeal, First tier judge allowed appeal, now my family received visa just our solicitor informed us today. I have question here if I will get ILR still my family can apply ILR on basis of dependent because they were tier 1 dependent last four years and going to complete ten year next year too. A bit confusing situation now they are on DLR on basis of 7 year child / family / private life.
Your views and discussion will be great.

Please keep me in your prayers .

Regards
amjad leeds

faisaltanoli wrote: I have applied for ILR(LR) on 28/02/2013 and received Biometrics today..
My family is with me from 2004, but then have gap of from June2008 till Nov 2009. Now they are in UK since Nov 2009.
My question is, as soon as I will get ILR(after 06/04/2014) whether I can apply for my wife ILR. She is currently on PBS(Tier 1 GM) dependent???

malik15 wrote: Hi ahyang0129,

Thanks for your reply. I'd apply for her before 6th April but she still needs to get her English qualification. I don’t think we can sort that in such short time. Can her application be sent without the English qualification which can then be submitted in a month's time (might be a daft question but…)?

malik15 wrote:

ahyang0129 wrote:

malik15 wrote: I've applied on 17th March, payment taken today, 19th March. My wife is on Tier 1 General Dependant visa and it looks like she will not be eligible for ILR after completing 2 years as per the new rules coming in to force from 6th April 2014. She is in the UK since June 2012.
Can someone clarify if that is in fact the case will she need to spend 5 year in the UK including time spent as Tier 1 dependant or 5 years will start from the date she gets FLR(M).
I’m seriously considering of withdrawing my application and applying next year so we can get ILR together. It’s just a shame that the £1051 is gone down the drain for nothing

1. under the 5 year route and the clock starts from the date she gets FLR(M)
2. the alternative is that she applies for FLR(M) by 05/04/2014 and she'll be under the 2 year rule. when both of you get your respective leaves apply SET(M) for her. (£578+£1051)

Hi ahyang0129,

Thanks for your reply. I'd apply for her before 6th April but she still needs to get her English qualification. I don’t think we can sort that in such short time. Can her application be sent without the English qualification which can then be submitted in a month's time (might be a daft question but…)?

malik15 wrote:

ahyang0129 wrote:

malik15 wrote: I've applied on 17th March, payment taken today, 19th March. My wife is on Tier 1 General Dependant visa and it looks like she will not be eligible for ILR after completing 2 years as per the new rules coming in to force from 6th April 2014. She is in the UK since June 2012.
Can someone clarify if that is in fact the case will she need to spend 5 year in the UK including time spent as Tier 1 dependant or 5 years will start from the date she gets FLR(M).
I’m seriously considering of withdrawing my application and applying next year so we can get ILR together. It’s just a shame that the £1051 is gone down the drain for nothing

1. under the 5 year route and the clock starts from the date she gets FLR(M)
2. the alternative is that she applies for FLR(M) by 05/04/2014 and she'll be under the 2 year rule. when both of you get your respective leaves apply SET(M) for her. (£578+£1051)

Hi ahyang0129,

Thanks for your reply. I'd apply for her before 6th April but she still needs to get her English qualification. I don’t think we can sort that in such short time. Can her application be sent without the English qualification which can then be submitted in a month's time (might be a daft question but…)?

ahyang0129 wrote:

msmussaf wrote: Please tell me in simple points that in my case what will happen i applied SET LR Currently in process. Biometrics done today. Wife Visa is going to end in June 2014. Uk Born son age SIX years. Wife already spent 6 and half year in Uk on Tier 4 student dependent.

I was student so can not meet the financial requirement. 18600 etc.
If the 5 years period starts when she will get visa on FLR M then there is trouble for waiting so long.

If i apply FLR m Before 6th April with a covering letter. Which rules will apply on her.

If the 5 years period is to prove the genuineness of relationship then she has proved already in this country.

apply before 6th apr and the old rules apply.

ahyang0129 wrote:

malik15 wrote: Hi ahyang0129,

Thanks for your reply. I'd apply for her before 6th April but she still needs to get her English qualification. I don’t think we can sort that in such short time. Can her application be sent without the English qualification which can then be submitted in a month's time (might be a daft question but…)?

I don't know how they do things at the home office in such a details but my guess is no...
For FLR(M) she only needs A1 level. check approved english test. worth doing some research to see if she can take the exam and get the result and certificate of any of these by the required deadline of application.

malik15 wrote:

ahyang0129 wrote: I don't know how they do things at the home office in such a details but my guess is no...
For FLR(M) she only needs A1 level. check approved english test. worth doing some research to see if she can take the exam and get the result and certificate of any of these by the required deadline of application.

Does anyone know of any A1 English test for which the certificate can be obtained within days?

malik15 wrote:

ahyang0129 wrote:

malik15 wrote: Hi ahyang0129,

Thanks for your reply. I'd apply for her before 6th April but she still needs to get her English qualification. I don’t think we can sort that in such short time. Can her application be sent without the English qualification which can then be submitted in a month's time (might be a daft question but…)?

I don't know how they do things at the home office in such a details but my guess is no...
For FLR(M) she only needs A1 level. check approved english test. worth doing some research to see if she can take the exam and get the result and certificate of any of these by the required deadline of application.

Does anyone know of any A1 English test for which the certificate can be obtained within days?

ahyang0129 wrote:

msmussaf wrote: Please tell me in simple points that in my case what will happen i applied SET LR Currently in process. Biometrics done today. Wife Visa is going to end in June 2014. Uk Born son age SIX years. Wife already spent 6 and half year in Uk on Tier 4 student dependent.

I was student so can not meet the financial requirement. 18600 etc.
If the 5 years period starts when she will get visa on FLR M then there is trouble for waiting so long.

If i apply FLR m Before 6th April with a covering letter. Which rules will apply on her.

If the 5 years period is to prove the genuineness of relationship then she has proved already in this country.

apply before 6th apr and the old rules apply.

KashRIz wrote:
As far as I understand even if we apply now we will get our visa after 6th and then new rules apply.

ahyang0129 wrote:

KashRIz wrote:
As far as I understand even if we apply now we will get our visa after 6th and then new rules apply.

this is a misunderstanding. see for yourself "Implementation" (c) in HC1138 at p. 2

this thread (and its links)has everything you need to know about Dependant of ILR (long residence) applicant on PBS leave

ahyang0129 wrote:

KashRIz wrote:
As far as I understand even if we apply now we will get our visa after 6th and then new rules apply.

this is a misunderstanding. see for yourself "Implementation" (c) in HC1138 at p. 2

this thread (and its links)has everything you need to know about Dependant of ILR (long residence) applicant on PBS leave