Four Months less for completing 10 Years

Dear ImmigrationBoards

I'd like to explain my immigration history in UK so that you can advice me accurately in correct path.

My Immigration History:
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I came in the UK in 2006 Feb 23, as a student. In 2010, I married a student with the home office permission. After finishing my MSc I stayed in UK till 2011 Oct 30 with PSW while my PSW visa expired in 2011 Nov 03. I went home(Bangladesh) and returned with PSW dependent visa in 2012 Mar 06. I'm still her dependent and our visa is going to run out on 30th Oct, 2015.

My wife's Immigration History:
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She came in 2007 Jul 23 in the UK as a student visa and stayed in this country without any gap. Her MSc course has finished but result is due on end of Nov, 2015 which is after her visa expires(30 OCT, 2015). This is because of her failure in one subject in MSc.

In the circumstance stated above, my wife is not able enroll herself in a new course as she hasn't got her result in her hand, even though she is not barred in 5 years CAP. I'm just few months behind from my 10 years completion(if we consider the gap which I had is less than 6 months that is OK for Long Residency).

I'd really appreciate if you could drive me to the right way so that I can stay in UK legally to complete my 10 years.

Thanks.
MDFarhan.

This is a question for the ILR forum. Neither of you can make a Tier 4 application in the UK, if she has failed to pass her course.

I am not an expert, but what I understand is : If your 10 years period is not broken, you should be able to apply for your SET (LR) on 26-27 th January. [ 28 days before 10 years]. So, all you need is to cover November, December & 27 days of January. Apply for FLR (FP) private life route end of October. Delay your biometric as much as you can...If you are lucky you wont get any response by 27th January. If you get refusal before 27th January, go for appeal which normally takes time. You will easily reach 27th January. When you reach 27th January, you can apply for SET (LR). There are few experience members here on this forum have done this. Stay around, I am sure you will be fine. Cheers !

sah10406 wrote:This is a question for the ILR forum. Neither of you can make a Tier 4 application in the UK, if she has failed to pass her course.

Now moved.

Many many thanks UK007 for your nice explanation. I do really appreciate your advice regarding my situation. I was really confused by people and solicitor's different opinions when the following questions arise:

1. Will I be able to apply 28 days before because I will not have valid visa at that time?
2. What visa will my wife apply for and what form will she use?

Thanks once again.

MDFarhan wrote:Many many thanks UK007 for your nice explanation. I do really appreciate your advice regarding my situation. I was really confused by people and solicitor's different opinions when the following questions arise:

1. Will I be able to apply 28 days before because I will not have valid visa at that time?
2. What visa will my wife apply for and what form will she use?

1. Will I be able to apply 28 days before because I will not have valid visa at that time?
You can apply 28 days before as long as you applied your FLR (FP) on time [before your current visa expires] & decision pending or appeal pending if refused.

2. What visa will my wife apply for and what form will she use?
You can keep her as your dependant when you apply for your FLR (FP) end of October, once you qualify for your ILR, apply ILR for you & FLR (M) for her requesting HO on a cover letter to hold her application until a decision is made on you ILR application [only if you meet the requirements for FLR (M)]. If you don't meet the requirements of FLR (M), simply apply for FLR (FP) private life 10 years route for her.

Hope these helps. Again, few people has done these here, check other member's posts to get a better idea.

Once again, lots of thanks to UK007 for your expert answer. Though at the beginning you said that you are not an expert but I believe you have given me the most expert solution so far. Thanks. I'd be more grateful if you could give me some suggestions for the following questions:

1. For applying FLR(FP), I must not do any mistake that make my application invalid. So, would you mind giving me some / appropriate reasons those can make my application invalid? I need to be careful of those issues.

2. For applying FLR(FP), as this is a private life route, do I need to become myself a member of social organizations like clubs, leisure centers etc.? What documents are required to show my private life in the UK?

Thanks. Take care.

Hi Farhan, thanks a lot for your kind words. As I mentioned before I'm not an expert, In fact, I am on the same boat as you, only difference is I have 2 months gap...Whatever I know, I found out here, last few months I have been asking too many questions, checking people's posts...

1. For applying FLR(FP), I must not do any mistake that make my application invalid. So, would you mind giving me some / appropriate reasons those can make my application invalid? I need to be careful of those issues.
Follow general visa application rules such as filling the Right form, Pay IHS fee, apply on time etc etc.

2. For applying FLR(FP), as this is a private life route, do I need to become myself a member of social organizations like clubs, leisure centers etc.? What documents are required to show my private life in the UK?

It's not compulsory, for a better idea about documents you can submit, download the latest FLR (FP) application form and check Section 15 [Page 48 - Page 53]. Don't stress yourself out to get everything mentioned there, end of the day you're not expecting to get a visa on that category, all you're doing is buying some time to qualify for your SET (LR).

Hope that helps. Stay active here, check other's posts, I am sure you'll find a lot of useful information.

MDFarhan wrote:I stayed in UK till 2011 Oct 30 with PSW while my PSW visa expired in 2011 Nov 03. I went home(Bangladesh) and returned with PSW dependent visa in 2012 Mar 06.

I am not an expert on Long Residence, so I will raise this point for moderators and others to comment on, but isn't long residence broken in this case?

Page 13 of the Long Residence guidance notes

Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 6 months or less at any one time
 had existing leave to enter or remain when they left and when they returned – this can include leave gained at port when returning to the UK as a non visa national, see related link: Information for non-visa nationals
 departed the UK after the expiry of their leave to remain, but applied for fresh entry clearance within 28 days of that previous leave expiring

I believe that the last condition may have been broken, unless the OP applied for becoming the PBS dependant within 28 days of his PBS leave expiring on 3rd November 2011.

In this case, it is the date of application for PBS dependant visa that is material. For overseas applications, it would be the date it was received at the Home Office.

So, does the OP recall if that specific application was sent by courier or post or was it submitted in person and if so, what was the date of this submission?

Thanks secret.simon to bring forward the issue of my gap in my UK stay. This is another confusing topic in my case. Few people said it is not a problem and other few people said that my continuous residency has broken. In my opinion, this isNOTbroken because your mentioned guideline has been satisfied as follows:

1. is absent from the UK for 6 months or less at any one time
- My staying outside of UK was less than 6 months.

2. had existing leave to enter or remain when they left and when they returned – this can include leave gained at port when returning to the UK as a non visa national, see related link: Information for non-visa nationals.
- I went with valid visa as I left this country 30 OCT while my visa was till 03 NOV and came with valid visa on MAR 2012.

3. departed the UK after the expiry of their leave to remain, but applied for fresh entry clearance within 28 days of that previous leave expiring.
- I think this rule is not going to apply with me as I didn't leave this country after my visa expire.

Please, if still you think my continuous residency has broken, don't hesitate to inform me. I'd really appreciate your suggestions.

To UK007, again many many thanks. Hope that you can overcome with your gap too. Please inform me any more suggestions which you think I need to know for applying FLR(FP). Take Care.

Dear All,

I've visited few solicitors and surprisingly received different opinions. I'd like to share with you so that you can advice me the best one which I should go through.

Option 1: I will apply with FLR(FP) and my wife will be my dependent.

Option 2: My wife apply with FLR(O) and I will be her dependent.

Option 3: I will apply with SET(O) and my wife will be my dependent.

Option 4: I will apply with SET(LR) and my wife will apply FLR(O).

Option 5: I will apply for FLR(FP) and my wife will apply separate FLR(O/FP).

One more thing I need to know: In this moment I am a dependent of TIER 4 student. Is it OK that she switched herself as a dependent and I became main applicant for our next application?

Thanks in advance for your cooperation and support.

MDFarhan wrote:Thanks secret.simon to bring forward the issue of my gap in my UK stay. This is another confusing topic in my case. Few people said it is not a problem and other few people said that my continuous residency has broken. In my opinion, this isNOTbroken because your mentioned guideline has been satisfied as follows:

1. is absent from the UK for 6 months or less at any one time
- My staying outside of UK was less than 6 months.

2. had existing leave to enter or remain when they left and when they returned – this can include leave gained at port when returning to the UK as a non visa national, see related link: Information for non-visa nationals.
- I went with valid visa as I left this country 30 OCT while my visa was till 03 NOV and came with valid visa on MAR 2012.

3. departed the UK after the expiry of their leave to remain, but applied for fresh entry clearance within 28 days of that previous leave expiring.
- I think this rule is not going to apply with me as I didn't leave this country after my visa expire.

Please, if still you think my continuous residency has broken, don't hesitate to inform me. I'd really appreciate your suggestions.

To UK007, again many many thanks. Hope that you can overcome with your gap too. Please inform me any more suggestions which you think I need to know for applying FLR(FP). Take Care.

Well as earlier people are saying they are not expert in LR cases , i am also not an expert but looking at the above comments , i will say your chain is broken . In my 100% opinion the moment you left UK and put new visa which isn't under 28 days rule , you have reset your clock . Your last visa was PSW and it expired in NOV .

Regarding quoting 6 months time frame : It's for the on going visa like you have PSW and you went for a vacation and some thing bad happen and you on the same visa ( PSW) didn't show up for like 3 -4 months . On your extension or new visa , you can provide a cover letter to CW while explaining why you spend 3 months for instance with a valid on going visa( PSW) out side UK . Hope you understand my point of view . Please remember i am not an expert and you are open to 100% professional advice .