10 years long residence applications

[March_LR14]

Hi,

My timeline so far:

Posted: 10/03/2014
Payment: 13/03/2014
Biometrics invitation: 16/03/2014
Biometrics done: 18/03/2014

Hi Sam_86,

16/03/14 was sunday. Are you sure you got ur Bio invitation on 16?

Thanks

[msmussaf]

Have you looked at the links that I have been giving above?

Yes vinny, i have looked that, but its not clear .

We all want to know that if we apply before 06 april and get FLR(M) after then do we need to wait 2 years, 5 years or can apply SET(M) straightway?
if we will wait for 5 years for Settlement then what will be difference if we apply before 06 april or after 6 april?

Many thanks for giving us time.

Very Good Question maaan143. Please Experts and gurus pay attention to this question.

thanks

[azka]

Have you looked at the links that I have been giving above?

Yes vinny, i have looked that, but its not clear .

We all want to know that if we apply before 06 april and get FLR(M) after then do we need to wait 2 years, 5 years or can apply SET(M) straightway?
if we will wait for 5 years for Settlement then what will be difference if we apply before 06 april or after 6 april?

Many thanks for giving us time.

Very Good Question maaan143. Please Experts and gurus pay attention to this question.

thanks

hi I send an email got this response from home office,


Dear Sir,

Thank you for your further email.

As outlined in our previous email, on 6 April 2014 there will be a change to the Immigration Rules that will mean PBS dependants who are applying to ‘switch’ into the Partner of a Settled Person route will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM. This change will apply to all applications made on or after 6 April 2014.

However, those who make an application to switch into the spouse of a settled person category before 6 April 2014, and who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, can be considered under the transitional Part 8 rules for further leave to remain under Paragraph 284. A person meeting these rules would be granted 2 years further leave to remain.

Those who are granted under Part 8 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: https://www.gov.uk/remain-in-uk-family

A person 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).

Our website will be modified on 6 April 2014 to reflect the changes in the Immigration Rules relating to PBS dependants that come into effect on that date.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

[azka]

hi I have applied on the basis of long residency in January 2014 still waiting for decision, as you all know rules are changing 6th April 2014. my wife who is currently PBS dependent (prior 9 July 2012) her leave will expire on 30th September 2014, after getting email from home office this has been cleared now we are no longer covered by under transitional part 8 rules after 6th April 2014.

now the problem is for me to fulfill adequate maintenance fund after calculating A-b = c

I have got 2 kids one born in UK one born in Pakistan

Question if i do not include my son born in uk in FLR M Do I still have to consider £ 66 weekly ?

my salary after tax is £ 1375 PCM

according to calculation A-b =c I have to show £ 263 weekly after rent and council tax

in my case I can not show £ 263 after rent weekly

Question Can I show Third party support?? if yes what do I have to show

my annual gross salary is £ 21000

please help me as time is running very fast


kind regards

[KashRIz]

hi I have applied on the basis of long residency in January 2014 still waiting for decision, as you all know rules are changing 6th April 2014. my wife who is currently PBS dependent (prior 9 July 2012) her leave will expire on 30th September 2014, after getting email from home office this has been cleared now we are no longer covered by under transitional part 8 rules after 6th April 2014.

now the problem is for me to fulfill adequate maintenance fund after calculating A-b = c

I have got 2 kids one born in UK one born in Pakistan

Question if i do not include my son born in uk in FLR M Do I still have to consider £ 66 weekly ?

my salary after tax is £ 1375 PCM

according to calculation A-b =c I have to show £ 263 weekly after rent and council tax

in my case I can not show £ 263 after rent weekly

Question Can I show Third party support?? if yes what do I have to show

my annual gross salary is £ 21000

please help me as time is running very fast


kind regards

I have smae problem, I have one kid born here in uk and I Have 21000 salary....

[ahyang0129]

Have you looked at the links that I have been giving above?

Yes vinny, i have looked that, but its not clear .

We all want to know that if we apply before 06 april and get FLR(M) after then do we need to wait 2 years, 5 years or can apply SET(M) straightway?
if we will wait for 5 years for Settlement then what will be difference if we apply before 06 april or after 6 april?

Many thanks for giving us time.

Very Good Question maaan143. Please Experts and gurus pay attention to this question.

thanks

it has been said many times. the change affects pbs dependents (1) who first applied for their pbs dependent leaves before July 2012 and (2) whose partners (the pbs migrant) get their ILR via long residence route.

the 5 second answer is those affected pbs dependents who apply for their FLR(M) after 05 apr will need to wait for 5 years for settlement from the time they switch to FLR(M).

the slightly longer explanation for this...

those apply after 05 apr will get their FLR(M) under Appendix FM, which is a 30 months leave and need to wait for 5 years before they can apply for settlement (so they need to apply for FLR(M) again). this FLR(M) does not qualify for para. 287 (a)(i)(d) of immigration rules (which is the legal base for including the time spent as pbs dependent into probationary years). so they cannot combine the period of stay as pbs dependent into the required 5 year.

Only those who apply before the date will get FLR(M) under 284 (i), which is a 24 months leave and can use 287 (a)(i)(d) to combine the period of stay as pbs dependent to the required 2 years.

this is the difference made by the change of 284 (i) which takes effect from 06/04/2014.

[azka]

hi I have applied on the basis of long residency in January 2014 still waiting for decision, as you all know rules are changing 6th April 2014. my wife who is currently PBS dependent (prior 9 July 2012) her leave will expire on 30th September 2014, after getting email from home office this has been cleared now we are no longer covered by under transitional part 8 rules after 6th April 2014.

now the problem is for me to fulfill adequate maintenance fund after calculating A-b = c

I have got 2 kids one born in UK one born in Pakistan

Question if i do not include my son born in uk in FLR M Do I still have to consider £ 66 weekly ?

my salary after tax is £ 1375 PCM

according to calculation A-b =c I have to show £ 263 weekly after rent and council tax

in my case I can not show £ 263 after rent weekly

Question Can I show Third party support?? if yes what do I have to show

my annual gross salary is £ 21000

please help me as time is running very fast


kind regards

I have smae problem, I have one kid born here in uk and I Have 21000 salary....

I have applied on 17th january 2014 and I have got the same timeline as kashRiz

[aakkoo]

As outlined in our previous email, on 6 April 2014 there will be a change to the Immigration Rules that will mean PBS dependants who are applying to ‘switch’ into the Partner of a Settled Person route will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM. This change will apply to all applications made on or after 6 April 2014.

However, those who make an application to switch into the spouse of a settled person category before 6 April 2014, and who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, can be considered under the transitional Part 8 rules for further leave to remain under Paragraph 284. A person meeting these rules would be granted 2 years further leave to remain.

Those who are granted under Part 8 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: https://www.gov.uk/remain-in-uk-family

A person 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).

Our website will be modified on 6 April 2014 to reflect the changes in the Immigration Rules relating to PBS dependants that come into effect on that date.

Thx Azka for sharing such a detailed and informative info. Can you plz PM me the email you send to UKBA and also send me the email ID on which you send the email. Thx

[sam_86]

Hi,

My timeline so far:

Posted: 10/03/2014
Payment: 13/03/2014
Biometrics invitation: 16/03/2014
Biometrics done: 18/03/2014

Hi Sam_86,

16/03/14 was sunday. Are you sure you got ur Bio invitation on 16?

Thanks

Yes, it was a bit strange for me as well. it says: 16 March 2014

[AlexAlexAlex]

hi I have applied on the basis of long residency in January 2014 still waiting for decision, as you all know rules are changing 6th April 2014. my wife who is currently PBS dependent (prior 9 July 2012) her leave will expire on 30th September 2014, after getting email from home office this has been cleared now we are no longer covered by under transitional part 8 rules after 6th April 2014.

now the problem is for me to fulfill adequate maintenance fund after calculating A-b = c

I have got 2 kids one born in UK one born in Pakistan

Question if i do not include my son born in uk in FLR M Do I still have to consider £ 66 weekly ?

my salary after tax is £ 1375 PCM

according to calculation A-b =c I have to show £ 263 weekly after rent and council tax

in my case I can not show £ 263 after rent weekly

Question Can I show Third party support?? if yes what do I have to show

my annual gross salary is £ 21000

please help me as time is running very fast


kind regards

I have smae problem, I have one kid born here in uk and I Have 21000 salary....

I have applied on 17th january 2014 and I have got the same timeline as kashRiz

read below link, https://contact-ukba.homeoffice.gov.uk/ ... ome-update

[March_LR14]

Send application on 17 March 2013.
Not got acknowledgement yet.

Good Luck everyone whos waiting for their application.

Hi hassan5805,

have u received your acknowledgement letter yet?

Thanks

[maaan143]

hi I have applied on the basis of long residency in January 2014 still waiting for decision, as you all know rules are changing 6th April 2014. my wife who is currently PBS dependent (prior 9 July 2012) her leave will expire on 30th September 2014, after getting email from home office this has been cleared now we are no longer covered by under transitional part 8 rules after 6th April 2014.

now the problem is for me to fulfill adequate maintenance fund after calculating A-b = c

I have got 2 kids one born in UK one born in Pakistan

Question if i do not include my son born in uk in FLR M Do I still have to consider £ 66 weekly ?

my salary after tax is £ 1375 PCM

according to calculation A-b =c I have to show £ 263 weekly after rent and council tax

in my case I can not show £ 263 after rent weekly

Question Can I show Third party support?? if yes what do I have to show

my annual gross salary is £ 21000

please help me as time is running very fast


kind regards

Many thanks for sharing your email...I have already clear this fact couple of days ago that pbs dependents will get 2 year if they apply before 6 april .... but it was not clear that will they consider pbs time in SET (M).....and
Thanks God its clear now.

As long your maintenance concern under part8 transition you do not need income on certain level as long you are not on benefits. Make sure your expenses are not exceeding than your income.

Please correct me if I m wrong.

[ahyang0129]

read below link, https://contact-ukba.homeoffice.gov.uk/ ... ome-update

that link is about the financial requirements of 5 year route, not the 2 year route.
"The hold on decision-making applies to applications made under Appendix FM to the Immigration Rules where the application would be refused solely because the rules relating to the minimum income threshold are not met, including where relevant the evidence requirements in Appendix FM-SE."

[shahjee1234]

As outlined in our previous email, on 6 April 2014 there will be a change to the Immigration Rules that will mean PBS dependants who are applying to ‘switch’ into the Partner of a Settled Person route will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM. This change will apply to all applications made on or after 6 April 2014.

However, those who make an application to switch into the spouse of a settled person category before 6 April 2014, and who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, can be considered under the transitional Part 8 rules for further leave to remain under Paragraph 284. A person meeting these rules would be granted 2 years further leave to remain.

Those who are granted under Part 8 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: https://www.gov.uk/remain-in-uk-family

A person 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).

Our website will be modified on 6 April 2014 to reflect the changes in the Immigration Rules relating to PBS dependents that come into effect on that date.

Thx Azka for sharing such a detailed and informative info. Can you plz PM me the email you send to UKBA and also send me the email ID on which you send the email. Thx

Hi all,

That is a big goal shift from the Home office. So the questions here are
1. Any dependent who is on PBS dependent status before 9th July 2012, and is now applying for the FLR(M), obviously don't need to fulfill the 7A of Financial requirement section, and go to section 7B directly, but do they still need to show maintenance in account for last 90 days ? And if yes than how much ??
2. And if there is no requirement to show maintenance for 90 days in account , than isn't it advisable to apply now for dependents,with a covering letter to combine their application with the pending ILR(LR) application of the main applicant ?

Would Gurus and senior members please reflect on this situation, as it looks like there are many effected people like me and we could avoid the new rules coming through on the 6th of April 2014. Many thanks.
Shah

[msmussaf]

There is another challenge/request for gurus and experts.

If the a person having tier 4 visa and applied for SET LR

Wife needs to apply FLR M before 4th april 2014.
He do not have work permission Or Part Time work Permission
How will he show the maintenance
He is not claiming (Nor he did) any benefits.


Money coming from abroad via relative and friend traveling to home country (Legally its allowed to carry small amount of money i think less then 10,000 USD or 6000 GBP i am not sure)
Or third party support (Like friends, relatives etc.)

How to prove it ?

[Sergeant123]

Hi all,
I will be applying for ILR in August based on 10 years residency. I have a little problem for which I need some guidance. Within this 10 year period I have a continuous gap of 8 months (within the same year) where I was outside UK . I have spoken with couple of solicitors; one says there is 50% chance of success other says this is not an issue.
I wanted to get advice from someone like me who may have been through similar experience and could share their experience / provide some guidance.
Many thanks.

[msmussaf]

So
We the passengers of the same boat realized that we will apply before 6th April 2014.

BUT HOW (Maintenance) and (English)

[maaan143]

There is another challenge/request for gurus and experts.

If the a person having tier 4 visa and applied for SET LR

Wife needs to apply FLR M before 4th april 2014.
He do not have work permission Or Part Time work Permission
How will he show the maintenance
He is not claiming (Nor he did) any benefits.


Money coming from abroad via relative and friend traveling to home country (Legally its allowed to carry small amount of money i think less then 10,000 USD or 6000 GBP i am not sure)
Or third party support (Like friends, relatives etc.)

How to prove it ?

All PBS (main and dependent) leaves cant get public funds and they knew you are living here for a long time. But still you need to show your part time jobs or/and you having money from abroad. Try to provide as maximum documents as you can. If you get refusal then a long 5 years wait otherwise.

[malik15]

hi I send an email got this response from home office,


Dear Sir,

Thank you for your further email.

As outlined in our previous email, on 6 April 2014 there will be a change to the Immigration Rules that will mean PBS dependants who are applying to ‘switch’ into the Partner of a Settled Person route will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM. This change will apply to all applications made on or after 6 April 2014.

However, those who make an application to switch into the spouse of a settled person category before 6 April 2014, and who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, can be considered under the transitional Part 8 rules for further leave to remain under Paragraph 284. A person meeting these rules would be granted 2 years further leave to remain.

Those who are granted under Part 8 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: https://www.gov.uk/remain-in-uk-family

A person 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).

Our website will be modified on 6 April 2014 to reflect the changes in the Immigration Rules relating to PBS dependants that come into effect on that date.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

Given that it is now confirmed that PBS dependant can't use the leave accrued even under the 5 year route, I've decided to withdraw my ILR application with a view of applying next year along with my wife.

Can anyone please let me know the procedure of withdrawing application and whether it will have any impact on my current tier 1 leave which expires next year?

Regards
Malik15

[NasirNNN]

Hi everyone.

do anybody know Home Office accept special delivery on saturday?

thanks in advance

[rmkirfan]

hi I send an email got this response from home office,


Dear Sir,

Thank you for your further email.

As outlined in our previous email, on 6 April 2014 there will be a change to the Immigration Rules that will mean PBS dependants who are applying to ‘switch’ into the Partner of a Settled Person route will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM. This change will apply to all applications made on or after 6 April 2014.

However, those who make an application to switch into the spouse of a settled person category before 6 April 2014, and who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, can be considered under the transitional Part 8 rules for further leave to remain under Paragraph 284. A person meeting these rules would be granted 2 years further leave to remain.

Those who are granted under Part 8 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: https://www.gov.uk/remain-in-uk-family

A person 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).

Our website will be modified on 6 April 2014 to reflect the changes in the Immigration Rules relating to PBS dependants that come into effect on that date.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

Given that it is now confirmed that PBS dependant can't use the leave accrued even under the 5 year route, I've decided to withdraw my ILR application with a view of applying next year along with my wife.

Can anyone please let me know the procedure of withdrawing application and whether it will have any impact on my current tier 1 leave which expires next year?

Regards
Malik15

Hi Malik,

Your acknowledgment letter says how to withdraw your application.

[rmkirfan]

Dear Sir,

Thank you for your further email.

As outlined in our previous email, on 6 April 2014 there will be a change to the Immigration Rules that will mean PBS dependants who are applying to ‘switch’ into the Partner of a Settled Person route will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM. This change will apply to all applications made on or after 6 April 2014.

However, those who make an application to switch into the spouse of a settled person category before 6 April 2014, and who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, can be considered under the transitional Part 8 rules for further leave to remain under Paragraph 284. A person meeting these rules would be granted 2 years further leave to remain.

Those who are granted under Part 8 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: https://www.gov.uk/remain-in-uk-family

A person 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).

Our website will be modified on 6 April 2014 to reflect the changes in the Immigration Rules relating to PBS dependants that come into effect on that date.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

Thanks azka for sharing valuable info...

[hassan5805]

Send application on 17 March 2013.
Not got acknowledgement yet.

Good Luck everyone whos waiting for their application.

Hi hassan5805,

have u received your acknowledgement letter yet?

Thanks

Hi you ok Brov.. No i was expecting today but hvnt recieved anything yet .. dont know how long will they take..but hope for good did u recieve??

[malik15]

Hi Malik,

Your acknowledgment letter says how to withdraw your application.

Thanks for you reply.

I'm still waiting for acknowledgment. Can you please commnet on whether it will impact my existing leave or not. I don't want that to be cancelled!

[azka]

As outlined in our previous email, on 6 April 2014 there will be a change to the Immigration Rules that will mean PBS dependants who are applying to ‘switch’ into the Partner of a Settled Person route will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM. This change will apply to all applications made on or after 6 April 2014.

However, those who make an application to switch into the spouse of a settled person category before 6 April 2014, and who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, can be considered under the transitional Part 8 rules for further leave to remain under Paragraph 284. A person meeting these rules would be granted 2 years further leave to remain.

Those who are granted under Part 8 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: https://www.gov.uk/remain-in-uk-family

A person 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).

Our website will be modified on 6 April 2014 to reflect the changes in the Immigration Rules relating to PBS dependants that come into effect on that date.

Thx Azka for sharing such a detailed and informative info. Can you plz PM me the email you send to UKBA and also send me the email ID on which you send the email. Thx[/quote

email id for ukba is FamilyOpsPolicy@homeoffice.gsi.gov.uk