10 years long residence applications

[Damanisshallo]

Has anyone been in this type of situation?

Similar case

[Nobbly]

Hi everyone

I have been silent for a while reading your posts has given me both hope and frustration. I wish I had found this forum before my application

I applied for ILR on 19/09/12 based on 5yrs work permit although I have been here for 12yrs...I did biometrics in November..on the 2/2/13 I received a letter to submit bank statement and I sent this back on the 4/2/13 including a pre paid special delivery envelope as well as a copy of the letter they sent...although i did not write a covering letter I addressed the letter direct to my case worker and I included a copy of their letter so that it would be easy to relate to my file.

Its now just over 6 months and I am still waiting. My biggest regret is the pre paid envelope..something tells me these people deliberately try to make your life hell...

Receiving the letter asking for bank statement gave me hope and the stupi thing I did was to book a holiday for 5th April 2013 as I thought I would receive my documents soon after the bank statement request letter.

I don't know whether to cancel my holiday or just wait and lose the money as I could cancel then my documents get back before 5th...

My advice for those who haven't applied and maybe reading these forums isdo not send by post inless you have no traveling plans

I am praying and hoping I will get my documents back next week..if not I will write to my case worker and pleade with her..

[amjadleeds]

Dear experts and forumites,

I am still waiting for the response to my 10 year ILR application I submitted on 12 September 2012, acknowledgement letter dated 14 September 2012, biometrics letter received on 23 November and enrolled on 24 November 2012 and still nothing back. I have sent a complaint email to the UKBA and contacted my local MP and am yet to hear from both. Also called the UKBA only to be told they cannot give me any information apart from that my application is being considered.

However waiting isn't the only problem now as another problem cropped up. At the time of my application, I was on Tier 1 visa which was due to expire end of March 2013 i.e. in 9 days time. My son's leave to remain (my dependent) is also to expire end of March in line with my Tier 1 visa. It is almost obvious that I will not receive my documents back in time to apply for his naturalisation (he was born in the UK) and I am not sure what to do in this case? Do I apply for his extension? If so on what basis? Is it possible to apply for his naturalisation? Do I let his leave to remain expire? Is that legal/allowed?

Has anyone been in this type of situation?

Many thanks for your help,

Kind regards,
Mok

hi Monk I was in sort same situation , I applied on basis of 10 my tier 1 visa expired on 17th march , my solicitor adviced and applied on Flr o due to my family in country 8y 2m my kids in 8years so privite life rule allow to apply dl- in your case u have to apply on Flr m before leave expire even try to make bank draft because sometime last they send app bk due to payment not gone through various issues , so careful best wishes regards amjad

[Mok]

[/quote] hi Monk I was in sort same situation , I applied on basis of 10 my tier 1 visa expired on 17th march , my solicitor adviced and applied on Flr o due to my family in country 8y 2m my kids in 8years so privite life rule allow to apply dl- in your case u have to apply on Flr m before leave expire even try to make bank draft because sometime last they send app bk due to payment not gone through various issues , so careful best wishes regards amjad[/quote]

Hi Amjad,

Thanks for your comment. Last week I was in touch with the UKBA to discuss this issue and I was told to apply for my kids "Further leave to remain" using application FLR(O) rather than (M) and use "Other" section with a covering letter. FLR(M) doesn't seem to have any suitable sections for my situation.

I wonder what would happen if I don't do anything and let the visa run out and apply for naturalization on MN1 when me and my wife get our SET(O)s approved - fingers crossed. We both applied separately on our own merits as both have lived in the UK for 10 years. If I do so, I save the FLR(O) application fee and can use it for MN1 when the time comes - just an unnecessary expense due to poor service by the UKBA.

Opinions welcome.

Many thanks all,
Mok

[syrbag]

To continue the discussion about FLR(M) or SET (M), here is my exp at Solihull PEO.

I got my ILR on 10 yrs last 2 weeks. My wife as Tier 1 dependent and has lived with me for the past 3 years. I made an appointment of for FLR(M) but also completed SET (M). To the caseworker, I submitted SET (M) and explaining about rule 287 which i had printed out. The case workers said no, my wife had to use FLRM form despite being my Tier 1 dependent.

I asked for a conversation with his supervisor. Meanwhile they did spent over 10 minutes discussing before coming with the manager with a copy of 287 rules. She said i have to apply for FLR(M) first and then follow up with SET (M) the next day, NOT THE SAME DAY. But they warned rules are changing on 6 April, this loophole may be closed. So i got my wife's FLRM and on monday she is going for SETM.
They said my wife could only apply direct with SETM if i had ILR as Tier 1 migrant and not 10 year rule

[nats]

Oh, thats really unpridictible behaviour of them. I havealso booked peo for 4th april
In sheffield. Lets c what experience i hav there. I wanted to apply b4 6th april but this 1 day wait for Set(m) is really worrying part 4 me. I think every
Peo is working differently. Croydon caseworker r dealing with set(m) without flr (m) as mentioned in some earlier posts. I wish some consistency within ukba.

To continue the discussion about FLR(M) or SET (M), here is my exp at Solihull PEO.

I got my ILR on 10 yrs last 2 weeks. My wife as Tier 1 dependent and has lived with me for the past 3 years. I made an appointment of for FLR(M) but also completed SET (M). To the caseworker, I submitted SET (M) and explaining about rule 287 which i had printed out. The case workers said no, my wife had to use FLRM form despite being my Tier 1 dependent.

I asked for a conversation with his supervisor. Meanwhile they did spent over 10 minutes discussing before coming with the manager with a copy of 287 rules. She said i have to apply for FLR(M) first and then follow up with SET (M) the next day, NOT THE SAME DAY. But they warned rules are changing on 6 April, this loophole may be closed. So i got my wife's FLRM and on monday she is going for SETM.
They said my wife could only apply direct with SETM if i had ILR as Tier 1 migrant and not 10 year rule

[malavan1234]

I just wanted to let u know that I have got my ILR today.
I am extremly happy and thank you from you all for your advises and suggestion. I hope all you guys get your document soon and I dont forget to pray for you.

here is my processing time for whom to like to know

applied: 29/10/2012

ack received: 31/11/2012

bio letter recieved:18/11/2012

bio done: 18/11/2012

passport and confirmation letter recieved: 23/03/2013

BRP card: waiting (but said in the letter should get it by 7 working days)

I am going to apply for my wife right know who has got student depandant visa. she has been in uk with me 5 years and 2 months. Could anyone knows which form I have to fill for her? FLR (M) or SET(M)?
how can I book an appointment for her too? I mean which website?

Thak you again from all of you guys.[/b]

[smshad]

Hi,
Thanks for sharing your details and experience.
Could you please share which category of Tier-1 you were on? Tier-1 General or Tier-1 PSW ?
And in which categories your wife lived in the UK and how long in each categories?
Thanks.
Shad.

To continue the discussion about FLR(M) or SET (M), here is my exp at Solihull PEO.

I got my ILR on 10 yrs last 2 weeks. My wife as Tier 1 dependent and has lived with me for the past 3 years. I made an appointment of for FLR(M) but also completed SET (M). To the caseworker, I submitted SET (M) and explaining about rule 287 which i had printed out. The case workers said no, my wife had to use FLRM form despite being my Tier 1 dependent.

I asked for a conversation with his supervisor. Meanwhile they did spent over 10 minutes discussing before coming with the manager with a copy of 287 rules. She said i have to apply for FLR(M) first and then follow up with SET (M) the next day, NOT THE SAME DAY. But they warned rules are changing on 6 April, this loophole may be closed. So i got my wife's FLRM and on monday she is going for SETM.
They said my wife could only apply direct with SETM if i had ILR as Tier 1 migrant and not 10 year rule

[amjadleeds]

I just wanted to let u know that I have got my ILR today.
I am extremly happy and thank you from you all for your advises and suggestion. I hope all you guys get your document soon and I dont forget to pray for you.

here is my processing time for whom to like to know

applied: 29/10/2012

ack received: 31/11/2012

bio letter recieved:18/11/2012

bio done: 18/11/2012

passport and confirmation letter recieved: 23/03/2013

BRP card: waiting (but said in the letter should get it by 7 working days)

I am going to apply for my wife right know who has got student depandant visa. she has been in uk with me 5 years and 2 months. Could anyone knows which form I have to fill for her? FLR (M) or SET(M)?
how can I book an appointment for her too? I mean which website?

Thak you again from all of you guys.[/b]

Hi Congratulation,

I need your prayers too, I applied exactly same time , waiting still for decision, hope I will get next week too,
Near to me you have to apply FLR M . I applied for my family visa on FLR O due to they are with me 8 year and 2 months and my kids in school 8 years, plus my two kids born here too.
Best wishes for you.

regards
Amjad leeds

[stoorrey]

Applied 10 yrs basis on 22nd Sept 2012. Bio done 1st Dec 2012.

My wife’s visa (my Tier 1 general dependant) is expiring on 14th April. I have booked a PEO appointment on 11th April for her but it seems I won’t get my ILR on time to attend the appointment, so I have to cancel this at some point and send an FLR (m) application for her on post with a covering letter.

My question is that shall I send her application before 6th April or wait till the end and send it on 12th April. Is there any rule change occurring after 6th April in our case apart from fee increase. Will there be any difference if we send the application before or after 6th April.

My wife came to the UK in Sep 2008.

I have also 2 kinds, both born in the UK, one has Tier 1 general dependant visa which is also expiring on the 14th April and one still doesn’t have any status. What shall I do in their case?

What a stressful time......

[essentialSalt]

Hi everyone

I have been silent for a while reading your posts has given me both hope and frustration. I wish I had found this forum before my application

I applied for ILR on 19/09/12 based on 5yrs work permit although I have been here for 12yrs...I did biometrics in November..on the 2/2/13 I received a letter to submit bank statement and I sent this back on the 4/2/13 including a pre paid special delivery envelope as well as a copy of the letter they sent...although i did not write a covering letter I addressed the letter direct to my case worker and I included a copy of their letter so that it would be easy to relate to my file.

Its now just over 6 months and I am still waiting. My biggest regret is the pre paid envelope..something tells me these people deliberately try to make your life hell...

Receiving the letter asking for bank statement gave me hope and the stupi thing I did was to book a holiday for 5th April 2013 as I thought I would receive my documents soon after the bank statement request letter.

I don't know whether to cancel my holiday or just wait and lose the money as I could cancel then my documents get back before 5th...

My advice for those who haven't applied and maybe reading these forums isdo not send by post inless you have no traveling plans

I am praying and hoping I will get my documents back next week..if not I will write to my case worker and pleade with her..

Hi, my advice to those who are thinking of applying is apply only when you have enough money to live on for at least a year and no plans to travel at all (as the above post suggests). The waiting time is long and you have no idea where your documents are while your application is being considered or why it's taking so long for some and only a couple of months for others. You will be banging your head against a brick wall.

If you are an undergrad/grad student graduating in July 2014 and you qualify for the indefinite leave to remain, I think now is the best time to apply for the indefinite leave to remain. Get the penultimate year internship sorted first, documents checked and everything and keep the copy of everything you send with your application, then apply for the indefinite leave to remain.

While your application is being reviewed, you cannot do anything, e.g., changing a job or even looking for a new job. Be prepared. If you are a student, your day-to-day will not be affected even if it takes 9 months for the home office to work on your case.

[Damanisshallo]

shall I send her application before 6th April

Yes, how ever she'd only be affected if your wife's qualifying period includes period from non settlement route like PSW/Student.

I have also 2 kinds, both born in the UK, one has Tier 1 general dependant visa which is also expiring on the 14th April and one still doesn’t have any status. What shall I do in their case?

Since your kids are UK born, You can apply for their naturalisation once you get your decision irrespective of their status.

[jitu_2677]

source: www.parliament.uk/briefing-papers/SN06353.pdf

4.3 Dependents of points-based system migrants
Spouses and partners of points-based system migrants must now complete five years in the UK with temporary leave to remain (in a route which leads to settlement) before they will be eligible for permanent settlement (rather than two years as previously). Adult dependents applying for Indefinite Leave to Remain from October 2013 will have to pass the Life in the UK test and achieve English language speaking and listening skills at CEFR level B1 (intermediate level) in order to qualify for permanent settlement.

To continue the discussion about FLR(M) or SET (M), here is my exp at Solihull PEO.

I got my ILR on 10 yrs last 2 weeks. My wife as Tier 1 dependent and has lived with me for the past 3 years. I made an appointment of for FLR(M) but also completed SET (M). To the caseworker, I submitted SET (M) and explaining about rule 287 which i had printed out. The case workers said no, my wife had to use FLRM form despite being my Tier 1 dependent.

I asked for a conversation with his supervisor. Meanwhile they did spent over 10 minutes discussing before coming with the manager with a copy of 287 rules. She said i have to apply for FLR(M) first and then follow up with SET (M) the next day, NOT THE SAME DAY. But they warned rules are changing on 6 April, this loophole may be closed. So i got my wife's FLRM and on monday she is going for SETM.
They said my wife could only apply direct with SETM if i had ILR as Tier 1 migrant and not 10 year rule

[stoorrey]

shall I send her application before 6th April

Yes, how ever she'd only be affected if your wife's qualifying period includes period from non settlement route like PSW/Student.

I have also 2 kinds, both born in the UK, one has Tier 1 general dependant visa which is also expiring on the 14th April and one still doesn’t have any status. What shall I do in their case?

Since your kids are UK born, You can apply for their naturalisation once you get your decision irrespective of their status.

@Damanisshallo
As I mentioned my wife is a tier1 (g) dependant and so far my understanding the qualifying period for ILR for dependants for the applicants who came before 9 July is 2 years which my wife has already completed with 28 days early apply rule. Or will the qualifying period for her be any different?

My wife came here as a student dependant, then 2 years PSW dependant and then 2 years Tier 1 general. Wont the 2 years period as Tier 1 G depandant be enough as her qualifying period for ILR after 6th April? We will try to apply before 6th April but in case we couldn't apply before 6th April due to some reasons, will that be a problem. In what way her case will be affected if we apply after 6th April. Will you please explain a bit to reduce our stress please?
Many thanks

[Damanisshallo]

2 years Tier 1 general. Wont the 2 years period as Tier 1 G depandant be enough as her qualifying period for ILR after 6th April? In what way her case will be affected if we apply after 6th April. Will you please explain a bit to reduce our stress please?

Now that you've put more detailed information, I don't think your missus would be affected with the post April 6th changes. Because her last 2 yrs leave was leading to settlement. However, she'd have to get her FLR (M) and then SET(M).

[jaberdene]

Yes, how ever she'd only be affected if your wife's qualifying period includes period from non settlement route like PSW/Student.

The things is if she apply after 6th of April she also has to meet new financial requirement ( 18K rule) !!!

[stoorrey]

Yes, how ever she'd only be affected if your wife's qualifying period includes period from non settlement route like PSW/Student.

The things is if she apply after 6th of April she also has to meet new financial requirement ( 18K rule) !!!

Damanisshallo

Do you think is this the case, and 18 K rule will apply even though my wife came before 9th July.......is this changing after 6th April?

[Damanisshallo]

Do you think is this the case, and 18 K rule will apply even though my wife came before 9th July.......is this changing after 6th April?

Not that I know off. Since there is no proper reference provided, I cannot comment on this.

[stoorrey]

Yes, how ever she'd only be affected if your wife's qualifying period includes period from non settlement route like PSW/Student.

The things is if she apply after 6th of April she also has to meet new financial requirement ( 18K rule) !!!

@jaberdene

Would you please clarify this and give a reference if you have any? Because I cant see any such changes going to happen if you read the ''STATEMENT OF CHANGES IN IMMIGRATION RULES APRIL 2013'' on UKBA web site http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary.

There is no mention of any such change?

[jaberdene]

Would you please clarify this and give a reference if you have any?

read the blue print below please,
BUT , as your wife TIER 1 dependent, so should be fine I think.

Changes to the Immigration Rules relating to family and private life
7.31 The following minor changes and clarifications are being made to the Immigration
Rules relating to family life:
• To clarify that the transitional provisions for further applications made by those
granted entry clearance or limited leave to enter or remain under Part 8 of the Rules
before 9 July 2012 can only be accessed by persons in the UK and subject to the
requirements of Part 8 for such applications.
• To provide that a person may apply for further limited leave to remain as a partner
under Part 8 within a period of 28 days of the end of their last such leave.
• To provide that the partner of a Points Based System migrant not on a route to
settlement cannot switch into the partner route under Part 8 and amalgamate their
leave as a partner under both routes towards the qualifying period for settlement.

[stoorrey]

Would you please clarify this and give a reference if you have any?

read the blue print below please,
BUT , as your wife TIER 1 dependent, so should be fine I think.

Changes to the Immigration Rules relating to family and private life
7.31 The following minor changes and clarifications are being made to the Immigration
Rules relating to family life:
• To clarify that the transitional provisions for further applications made by those
granted entry clearance or limited leave to enter or remain under Part 8 of the Rules
before 9 July 2012 can only be accessed by persons in the UK and subject to the
requirements of Part 8 for such applications.
• To provide that a person may apply for further limited leave to remain as a partner
under Part 8 within a period of 28 days of the end of their last such leave.
• To provide that the partner of a Points Based System migrant not on a route to
settlement cannot switch into the partner route under Part 8 and amalgamate their
leave as a partner under both routes towards the qualifying period for settlement.

I think that will be applied only to PSW and student dependant. Tier 1 General is a rout towards settlement to my understanding. Damanisshallo can explain better.

[jaberdene]

according to paragraph 96. of HC 1039 , 84(i)(b) of Imigration Rule will look like below : (the blue phrase will be added)

so only some Tier 5 and "POOR" Tier 4 student dependents are subject to the new rule!!!!,

@stoorrey
Your wife is fine though, I think


Requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, unless:

(a) the leave in question is limited leave to enter as a fiancé or proposed civil partner; or

(b) the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant (excluding a Tier 5 (Temporary Worker) other than a private servant in a diplomatic household who applied to enter the UK before 6 April 2012 or a Tier 4 (General) Student) and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and .........

[cheekyvirgin]

For f*** sake still waiting for any update applied on 10th July .... My local MP is not even responding, really don't know what to do.

My case was straight forward.
[/b]

[essentialSalt]

For f*** sake still waiting for any update applied on 10th July .... My local MP is not even responding, really don't know what to do.

My case was straight forward.
[/b]

For those of us still waiting to hear from the home office, I think we have to stay calm and express any dissatisfaction in a reasonable manner. You can't say anything you like on a social media like this one even though many/some might share your sentiment about the empty promise. You can be critical of the organisation only within reason.

When dealing with all these public services/organisations, you have to remember that they always have the upper hand however you look at it. You are banging your head against a brick wall. No matter how many times they go through restructuring with advices from the brightest mind of our time, public organisations are and will be different from say Waitrose that responds to a customer's complaint usually within 24 hours and will do everything it can to put things right.

If I were you, I would talk to an immigration lawyer with some connections in the home office. When I applied for a student visa, I used a representative from my university to contact the home office to find out what it was taking such a long time to process my application. Each university should have at least one person who can contact the home office directly within reason (this was correct as of September 2011). Once the representative contacted the home office, my application was processed instantly and returned a couple of days later. No reason/apology for the delay was given by the home office.

[imraniqbal2010]

So what is the average waiting time for ILR under 10 year residency