Varying flr fp to long residence settlement

[naseer_mba]

Hi

All my uk residence were on dependent visas of spouse.

I arrived in UK 4 February 2011 as Tier 1 PBS dependent spouse visa and got extension on same category.

After British citizenship of my spouse and two uk born british childrens on 29 june 2015 I switched my visa to FLR (FP) 10 years partners dependent route, got an extension of FLR (FP) 10 years partners dependent route expiring 5 January 2021.

Total lawful continuous stay is 9 years 11 months which is 31 days short for long term settlement.

As a dependent aplicant I will apply on 4 January 2021 for extension FLR (FP) 10 years partner route in time.

Please help me with my following Questions.

1. Can I vary existing FLR (FP) extension after biometrics submission but before existing FLR (FP) extension application decision, to gain lawful time for long residence settlemen to complete 10 years?

2. If yes do I need to use SET(O) application form or which other?

3. In the form what is the answer of, Is your current visa expired, Yes or No?

As at the time of original application it was not expired but at varying application it is expired.

If applicant write no in varying application form then what explanation to write in form? ( Is it "transition to 3C".)

4. Will the visa case worker calculate 10 year qualifying period at varying application date and grants ILR
Or use original application date to refuse IlR?

Many thanks,

Naseer

[zimba]

If you are short of 31 days, then apply for SET(LR) directly. As the ILR qualifying date is the date of the decision so you can book your biometrics within 28 days of being eligible and avoid the FLR(FP) completely

[naseer_mba]

Thanks for your reply,

Long residence guidance states " If you are considering an application more than 28 days before the applicant completes the required qualifying period for long residence you must refuse"

I have 31 days short from 10 years

If I apply SET LR in time I will be applying more than 28 days qualifying period and my visa will be refused?

Please advise me on that

[zimba]

Not as your ILR is granted based on the date of the decision and NOT the date of application. You MUST be eligible on the day the decision is made. Section 3C helps you to cover the shortfall.

If you are short of 31 days, then apply for SET(LR) directly. As the ILR qualifying date is the date of the decision so you can book your biometrics within 28 days of being eligible and avoid the FLR(FP) completely

[naseer_mba]

thanks for earlier advice

I am applying for SET (LR) on 5 January 2021

I never submitted any English Language test as it was not required in my multiple dependent visa categories.

12 December 2017 I passed CEFR Level B1.1 Trinity college london Grade 5 English Test which is more than 2 years old now and can not be used if its not used before.

27 December 2017 I applied for FLR (FP) extension and I am not sure whether I submitted my English language test with my application. I probably did but no 100% sure.

I requested UKVI for SAR online but I do now how long its gona take and where they can tell me about it.

Is there any quicker way a phone number or email to get confirmation that I submitted and they accepted my English Language test in my last application

many thanks

[naseer_mba]

i requested UKVI SAR TODAY

[AmazonianX]

i requested UKVI SAR TODAY

You will not find such answer about you submitting the English test in SAR.
Can you get a copy of the old application to review and see if any such detail therein?
If not, fast solution could be to take a fresh test.

[naseer_mba]

In case the case worker did not have my english test in my last application would he refuse my visa or give me time to send me a new one

[zimba]

FLR(FP) route does NOT have an English language requirement. As you never submitted a test before, the fastest way is to sit a new SELT test at B1 level

https://www.trinitycollege.com/qualific ... SE-grade-5

[naseer_mba]

Thanks a lot I will book it now

[naseer_mba]

10 years continuous residence completing 4 February 2021.

Applied SET (LR) and uploaded documents on 5 January 2021 which is 31 days short of completing 10 years.

Should I wait to submit biometrics till 4 February 2021 to complete 10 years or

Can I do biometrics through IDV app on 11 January 2021 which will be 24 day short of completing 10 years?

[AmazonianX]

10 years continuous residence completing 4 February 2021.

Applied SET (LR) and uploaded documents on 5 January 2021 which is 31 days short of completing 10 years.

Should I wait to submit biometrics till 4 February 2021 to complete 10 years or

Can I do biometrics through IDV app on 11 January 2021 which will be 24 day short of completing 10 years?

Is biometrics via IDV app reinstated now? I don't think so.
Wait and book the biometrics appointment for when you have completed the required qualifying time.

[naseer_mba]

I have booked my biometrics 3 February 2021 which is one day before completing 10 years.

Is it ok?

[zimba]

Not as your ILR is granted based on the date of the decision and NOT the date of application. You MUST be eligible on the day the decision is made. Section 3C helps you to cover the shortfall.

If you are short of 31 days, then apply for SET(LR) directly. As the ILR qualifying date is the date of the decision so you can book your biometrics within 28 days of being eligible and avoid the FLR(FP) completely