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10 Year Long residency application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, push, JAJ, ca.funke, Amber, zimba, vinny

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smas4er
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10 Year Long residency application

Post by smas4er » Tue Jul 26, 2011 12:59 pm

Hi
I have been in the uk since September 2002, first on student visa and now on Tier 1 General. I will be eligible for the 10 year rule next year. I have just had my Tier 1 visa extension for another 2 years and that will make up my 5 years and will be eligible to apply for ILR. I also have 2 dependents. My wife has been here sine 2008 and a child born here this year.
My question is if I apply for ILR under 10 year rule, how would that affect my dependants? can any one suggest what is better to wait until my Tier 1 5 years are over or just apply next year?
Will appreciate your help.
Regards
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vinny
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Post by vinny » Tue Jul 26, 2011 1:19 pm

If you apply under long residence, then your wife may switch to FLR(M) (and subsequently SET(M)) after you're granted ILR or before her leave expires or before she travels, whichever is sooner.
Last edited by vinny on Sun Jan 08, 2012 12:05 am, edited 7 times in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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imran22
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Post by imran22 » Tue Jul 26, 2011 2:22 pm

I am in the identical situation.

I came here to UK in September 2002 as well and I have two dependents wife and child.

I will become eligible for 10 year long residence in September 2012 and 5 year Tier-1 in November 2012.

And like you I am in the same dilemma
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smas4er
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Post by smas4er » Wed Jul 27, 2011 9:03 am

Could some one please suggest something from their experience. Will appreciate the help.
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adamboston
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Location: Manchester

Post by adamboston » Wed Jul 27, 2011 11:51 am

smas4er wrote:Could some one please suggest something from their experience. Will appreciate the help.
I've a similar case (but no children), check what I've included in my recent ILR application along with my wife's FLR(M).
Adam

'To me no human is alien - but to some no aliens are human'.
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smas4er
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Post by smas4er » Thu Jul 28, 2011 8:43 am

Thanks for this. Its really useful.
What I need to know is should I apply for ILR next year or should I wait until my 5 years are up on Tier 1. My main concern is how will it affect my dependants if I apply next year. What do members think from their experience?
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vinny
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Post by vinny » Tue Mar 13, 2012 4:10 pm

smas4er wrote:Hi Guys
Just wanted to some clarification about what to do in my situation.
I am currently on Tier 1 General and will qualify for ILR next year in August. I have 2 dependants with me also in the same category on a dependant visa. I will be completing my 10 years of residency in UK this year in September, and will then qualify for ILR on long residency basis.
Now I need your suggestion, which option should I go for. Should I apply for ILR this year based on long residency, if I do then what will be the processes for my dependants. Will appreciate your help.
Regards
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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vinny
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Post by vinny » Tue Mar 13, 2012 4:11 pm

smas4er wrote:Hi

I had just been reading the forums. And thought would just add some clarification to my question above. If apply for ILR on long residency, should I then apply for FLR(M) immediatley, and once I get that, can I then immediatley apply for ILR for my dependants. My wife has been here with me since April 2008 as dependant. My kid was born february 2011 and is also dependant. Will appreciate help.

Regards
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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vinny
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Post by vinny » Tue Mar 13, 2012 4:17 pm

If you apply on the basis of Long residence, then after you're granted ILR, the sooner your wife is granted FLR(M), the sooner may she apply for SET(M).

Else, if you apply on the basis of Tier 1 (General), then your wife may be included with your ILR application, subject to 319E.

In either case, your UK-born son will be entitled to register for British citizenship after you're granted ILR.
Last edited by vinny on Tue Mar 13, 2012 4:46 pm, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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smas4er
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Post by smas4er » Tue Mar 13, 2012 4:33 pm

Hi Thanks

So I guess the applying under 10 year rule will be better option as things will happen more quickly. So just to clarify, when I get my ILR, apply for British Citizenship for my son. Apply for FLR(M) immediatley for my wife, once she is granted that then apply immediatley for ILR? does that sound right. Then after one year of ILR we can apply for british citizenship?
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vinny
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Post by vinny » Tue Mar 13, 2012 10:31 pm

Yes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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smas4er
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Post by smas4er » Tue Mar 20, 2012 10:22 am

Hi Guys,
I have consulted this situation with a solicitor and I have been adivised the following.
For my child I can apply for citizenship when im granted ILR.
For my wife, I will have to apply for a spouse visa when I get ILR. Then she needs to be on that visa for 2 years before she could apply for ILR. Whereas in this discussion I had been advised that she could apply for ILR immediatley once she has been granted spouse visa as she has already been here for more than 2 years. This is conflicting information, what do you suggest?? will appreciate help.
Thanks
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vinny
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Post by vinny » Tue Mar 20, 2012 10:57 am

There have been successes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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smas4er
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Post by smas4er » Tue Mar 20, 2012 12:39 pm

Hi
Thanks, this is very interesting. Seems like even the solicitors are not sure of what they are doing (and I went to a mojor soliciting firm).
Anyway I think I will go with the same approach especially seeing that there have been people with the same situation and successful. Thanks for that.
One question I have is aboutl language requirement. I think my wife will have to get a certification to satisfy language requirement for FLR(M). I have been reading through UKBA about tests and so on but its very confusing. Can some one please give me a link of what test she has to do and if it can be done online?
Thanks
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vinny
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Post by vinny » Tue Mar 20, 2012 12:42 pm

A1 test
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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smas4er
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Posts: 87
Joined: Tue Jan 18, 2011 1:30 pm

Post by smas4er » Wed Mar 28, 2012 9:45 am

Hi

I have a question regarding the english requirement. Plan is to apply for spouse visa for my wife and then apply ILR immediatley. Now does she definetley need an english test to apply for spouse visa or if she gives the KOL test before applying for spouse visa, can that act as satisfying english requirement? Just trying to kill 2 birds with one stone.
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vinny
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Post by vinny » Wed Mar 28, 2012 10:47 am

KOL doesn't seem to exempt applicants from the A1 requirement.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Greenie
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United Kingdom

Post by Greenie » Wed Mar 28, 2012 12:52 pm

vinny wrote:KOL doesn't seem to exempt applicants from the A1 requirement.
correct it doesn't - KOL is not a test of ability to speak English.
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