10 years long residence applications

[msmussaf]

Shahjee1234 congratulations. please remember me in your prayers. May Allah give barakah in it for you and your family.

[msmussaf]

Sajjad ali
InshaAllah next week is yours.

My congratualtions to other members who got approvals in this week. Enjoy your freedom bros.

[sajjadali707]

Sajjad ali
InshaAllah next week is yours.

My congratualtions to other members who got approvals in this week. Enjoy your freedom bros.

Thanks Msmussaf
I m hopeful for next week as well.

[sajjadali707]

Dear all,
Finally, My ILR application is accepted. I have received all my documents with BRP. My timeline is -

Applied: 05/08/2013
Bio: 14/08/2014
Declined: 17/12/2013
Appeal accepted: 20/03/2014
ILR approved: 05/06/2014
Doc received: 11/06/2014

I wish all the best to who are waiting.

My questions:
1- I applied my wife's application using FLR(M) and request to hold the application. What should I do now? Should I call HO to process her application or wait?
2- My second child has just born on the of my ILR approval which is 05/06/2014. Can I register him as British during birth registration?

Many congratulations
Finally u got freedom

[esmsi]

Waiting to see any body with similar situation approved set(M) straight way?

FLR (M) PEO Success.
by rajamahbub » Thu Jun 05, 2014 6:09 am

I received my ILR on 8th 0f May, 2014 through 10 years long residency. I applied for my wife's FLR (M) through PEO Croydon yesterday and it was successful.

On the application I did not fill Financial Requirements 7(A) instead I completed Manitenance 7(B) despite my salary is way over the financial requirements. My wife has been here since 2008 on spouse of IGS, PSW and T1 (General). I was worried they'll ask me why I didn't complete section 7(A) as it is a requirements according to new rules. But they didn't ask us any question and took only 20 minutes to make their decision. On the letter it states, you may now stay two more years and after two years you can apply for ILR. So it's definitely treated under old rule.

So keep your hope but it completely depends on individual case worker and how they interpret the new rules!

One question, can my wife apply for ILR now or she has to wait two more years?

Any body applied Set(M) straight way after 6th April 2014 ?


My History
Student -PSW--Tier 1 visa but ILR on long residency.

Dependant applied before 6th April for flr(M) by post .Decision received after 6th April 2014.
Dependent came UK before 9 July 2012

[sajjadali707]

long night tonight, a bit anxious about outcome.

I believe your parcel will come to your solicitors office.
Is he open today?

[khani]

Not received yet, solicitor office closed, he charge £600 for application, but didnt bother to send return envelope for my valued documents. pathetic.

[sajjadali707]

Not received yet, solicitor office closed, he charge £600 for application, but didnt bother to send return envelope for my valued documents. pathetic.

Same here brother.
And even more pathetic on home office side..
Charged £1051 for the application and £19.20 for BIO METRIC.
And return of documents by recorded 2nd class.
That is much more pathetic.

[ecoman]

hello brothers and sisters i have received decision today but unfortunately its been refused. Only reason:overstayed by 70 days
leave to remain was due to expire 31/10/2006
extension applied on 30/10/2006
application retuned on 08/11/2006 due to payment page not dated , i have letter saying you have 28 days to return with correct payment method OTHERWISW application will be invalid.
i resubmitted same application form with postal order on 15/11/2006
0n 08/12/2006 again returned photographs missing(photos were attached but damaged for some reason as say casewoker note on SAR file), letter says 28 days to return otherwise application will be invalid.
i reapplied on 15/12/2006 which was granted on 09/01/2007.

Now in reason for refusal caseworker says though i had applied intime but was rejected as invalid, overstayed from 01/11/2006 till 09/01/2007<70 days>.
SAR file has copies of letters saying reapply in 28 days otherwise application will be invalid, i reapplied within 28 days on both occasions
SAR file caseworker notes says on my reapplied appliations that previously rejected but intime
my first application on 30/10/2006,rejection letter on 08/11/06, 08/12/06 and approval letter on 09/01/2007 all have same case reference number on them.

ANY SUGGESTIONS PLEASE seniors. jazakallah khair for this valuable forum.

[sajjadali707]

hello brothers and sisters i have received decision today but unfortunately its been refused. Only reason:overstayed by 70 days
leave to remain was due to expire 31/10/2006
extension applied on 30/10/2006
application retuned on 08/11/2006 due to payment page not dated , i have letter saying you have 28 days to return with correct payment method OTHERWISW application will be invalid.
i resubmitted same application form with postal order on 15/11/2006
0n 08/12/2006 again returned photographs missing(photos were attached but damaged for some reason as say casewoker note on SAR file), letter says 28 days to return otherwise application will be invalid.
i reapplied on 15/12/2006 which was granted on 09/01/2007.

Now in reason for refusal caseworker says though i had applied intime but was rejected as invalid, overstayed from 01/11/2006 till 09/01/2007<70 days>.
SAR file has copies of letters saying reapply in 28 days otherwise application will be invalid, i reapplied within 28 days on both occasions
SAR file caseworker notes says on my reapplied appliations that previously rejected but intime
my first application on 30/10/2006,rejection letter on 08/11/06, 08/12/06 and approval letter on 09/01/2007 all have same case reference number on them.

ANY SUGGESTIONS PLEASE seniors. jazakallah khair for this valuable forum.

Did they give you any right of appeal.

[Amber]

The UKVI must prove that the application was invalid not that a payment failed or that a photograph was damaged. Appeal the decision and state clearly that you contest that the applications in question were invalid as 1. the application should not be invalid just because of a failed payment and 2. the application should not be invalid just because the Home Office damaged the photographs. Therefore, as neither applications were in fact invalid you have not overstayed and taking into consideration the matters you have outlined your application for ILR should be granted.

[ecoman]

thanks amber and sajjad for ur reply. i hv a valid tier1 general untill feb2016. no right of appeal given. what is the process of reconsideration. should i hire a barrister or do it myself fully explaining the situation and attaching SAR references

[ajek01]

The UKVI must prove that the application was invalid not that a payment failed or that a photograph was damaged. Appeal the decision and state clearly that you contest that the applications in question were invalid as 1. the application should not be invalid just because of a failed payment and 2. the application should not be invalid just because the Home Office damaged the photographs. Therefore, as neither applications were in fact invalid you have not overstayed and taking into consideration the matters you have outlined your application for ILR should be granted.

Hi Amber

But what would be the reasoning behind this refusal though? Is it because ecoman's second application on 15/12/2006 was made 28 days after the expiry of current leave (31/10/2006)? Again, does that mean, ecoman would have been fine if his out of date application on 15/11/2006 would lead to a successful visa application?

As per "Page 26 of 31 Guidance –ILR – calculating continuous period in the UK – v11.0"

''If the continuous residence period includes periods of overstaying before further leave being granted before 1 October 2012, you must disregard these periods for ILR provided the period does not exceed 28 days. For ILR you must disregard any period spent in the consideration of applications for leave to remain where the application was made no more than 28 days after the expiry of leave."

Would appreciate your input.

Thanks and regards

Ajek

[Amber]

Yes the reason is an application out of time was made after 28 days. Buts that's because of the so-called and wednesbury unreasonable invalid applications. Write back to them asking for a reconsideration.

[sajjadali707]

Can any one please share the updated sky drive link.

[sksuk]

Hi everyone
Just wondering if anyone can help me with my wife ilr(setm) application. She received flr(m) in last month and before that I received my ILR in April 2014 on the basis of 10 years. She got 30 months visa! She has been living with me in UK since 2008. Now my question is- can she apply for set(m) now or she has to wait 2 years or another flr (m) extension and apply after 60 months? I'm confused, please help me if you had a similar situation or know the current rules about this issue. Also, if she can now, can she go Croydon with peo?

Thank you and I appreciate your help.

[shahjee1234]

Hi everyone
Just wondering if anyone can help me with my wife ilr(setm) application. She received flr(m) in last month and before that I received my ILR in April 2014 on the basis of 10 years. She got 30 months visa! She has been living with me in UK since 2008. Now my question is- can she apply for set(m) now or she has to wait 2 years or another flr (m) extension and apply after 60 months? I'm confused, please help me if you had a similar situation or know the current rules about this issue. Also, if she can now, can she go Croydon with peo?

Thank you and I appreciate your help.

hello sksuk,
First thing first if your wife was a PBS dependent prior to July 2012, than she should have received a 2 years visa, and than she could have applied SET(M) straight away. But as she has been granted a 30 months visa, than I would presume that she has been granted that under new rules of Appendix FM, and she has to wait for 60 months to apply for SET(M). You should have initially insisted on a 2 years visa by writing back to Home Office to reconsider as FLR(M) was issued for wrong duration and should have been issued for 2 years.
Hope other members will agree. I wish you all the best mate.
Kind regard
Shahjee

[sksuk]

Hello Shahjee

Thank you for your advice. I totally agreed with you. How about if she go to Croydon (peo), explain everything and apply set(m)? If they don't give ILR she will lose £100.00 and has to wait five years. What do you say?
Thank you

[March_LR14]

New week starts tomorrow with it the renewed HOPE.

Gud luck to all waiting members.

[shahjee1234]

Hello Shahjee

Thank you for your advice. I totally agreed with you. How about if she go to Croydon (peo), explain everything and apply set(m)? If they don't give ILR she will lose £100.00 and has to wait five years. What do you say?
Thank you

Hi sksuk,
You are absolutely spot on, there were a couple of members who's wife got 30 months and they manage to get the ILR through PEO. So definitely advisable. 5 years is too much wait, and its worth taking a punt.
I wish you all the best.
Kind regards
Shahjee

[SACHAUDHRY]

Hi,

I came to this country on 18/09/2004 and my current visa (Tier 2) is expiring on 31/08/2014. Now i am 18 days short of 10 years. Can some one please let me know if My application will be accepted? I know we can apply 28 days before we complete 10 years and my 28 days fall in Aug and i would still have a valid Visa.

I would be very great full and if some one can share their experience or know the exact rule for my case.

Many thanks in advance!

Sohail

[amason]

You can still apply 28 days before your 10th anniversary which will be 21st of August.

[cool mind]

Does applying 28 days before of the qualifying period and overstaying less than 28 days are two different things or not? Can an applicant be benefit from both or one?

[Amber]

You can't get SET(M) until you've completed 5 years if you've been granted leave under Appendix FM.

[march_ilr]

Can any one please share the updated sky drive link.

here is the link:



regards;
march_ilr