10 years long residence applications

[sk77]

Hi, I recently received my ILR on the basis of 10 years lawful residence. The generic booklet I got with the BRP says in first bullet point under WHAT ELSE SHOULD I TELL YOU ABOUT? 'You should tell us if: you change your address

Do the people with ILR also need to inform them every time they change their address? If yes then how to inform them?

Thanks

[Damanisshallo]

Hi, I recently received my ILR on the basis of 10 years lawful residence. The generic booklet I got with the BRP says in first bullet point under WHAT ELSE SHOULD I TELL YOU ABOUT? 'You should tell us if: you change your address

Do the people with ILR also need to inform them every time they change their address? If yes then how to inform them?

Thanks

If you have made an immigration application that also required you to apply for a biometric residence permit, and change your address at any time after you have received your biometric residence permit, and you think you are likely to be at the new address for at least 6 months, you must tell them, by completing a Migrant Change of Circumstances (MCC) form. Print and complete the form, and post it to the address shown on its front cover.

However, this is what is applicable for Points based Applicants. I presume you can use this form or you can use COA Form

[zak786]

Hi, I recently received my ILR on the basis of 10 years lawful residence. The generic booklet I got with the BRP says in first bullet point under WHAT ELSE SHOULD I TELL YOU ABOUT? 'You should tell us if: you change your address

Do the people with ILR also need to inform them every time they change their address? If yes then how to inform them?

Thanks

If you have made an immigration application that also required you to apply for a biometric residence permit, and change your address at any time after you have received your biometric residence permit, and you think you are likely to be at the new address for at least 6 months, you must tell them, by completing a Migrant Change of Circumstances (MCC) form. Print and complete the form, and post it to the address shown on its front cover.

However, this is what is applicable for Points based Applicants. I presume you can use this form or you can use COA Form

Thanks very much

[DB12]

Hi All,

in first week of June i am applying for my wife's settlement at PEO office in person. she is currently holding FLR-M visa and she came to uk before July 2012. we will be applying using SET-M. can anyone or one of the senior member please answer my questions below. for information i have received settlement base on 10 years long residency.

1. is SET-m form correct?
2. what english language certificate she will required (currently she has A1 test which she used for FLR-M. also she has passed Life in the uk test - is that enough for the set-m?)
3. do we need to provide 6 types of letters for last two years

if anyone has successfully appplied for SET-M pre-July 2009 and can answer my questions will be veryhelpful

I haven't applied it yet but can advise you with your questions

1. yes
2. good - that's enough - LIUK is enough till October 2013
3. yes

correction - not pre- July 2009 but it is pre-July 2012

Thnaks you for your help Saanju

[saanju9]

Hi, I recently received my ILR on the basis of 10 years lawful residence. The generic booklet I got with the BRP says in first bullet point under WHAT ELSE SHOULD I TELL YOU ABOUT? 'You should tell us if: you change your address

Do the people with ILR also need to inform them every time they change their address? If yes then how to inform them?

Thanks

If you have made an immigration application that also required you to apply for a biometric residence permit, and change your address at any time after you have received your biometric residence permit, and you think you are likely to be at the new address for at least 6 months, you must tell them, by completing a Migrant Change of Circumstances (MCC) form. Print and complete the form, and post it to the address shown on its front cover.

However, this is what is applicable for Points based Applicants. I presume you can use this form or you can use COA Form

Thanks very much

Mine didn't say change of address...it says several other things such as name, gender and so on...but not address

But I remember it did when I got my Tier 1

I don't think u need to worry too much... I didn't informed them when I changed mine when I was on Tier 1 and then I applied ILR on different address.. and they never said anything

[Hwima]

Hi all

Some of you might be wondering about the outstanding/pending timelines on sky drive so I thought I should give a little update. Well, don't know about the rest, but I'm still here. Yes, July 18 2012 applicant!

I've been quite depressed in the last week or two so I decided not to check the goings on on this forum so often and its probably gone the trick. Naturally one feels a bit jealous when things are moving for everyone else but them, especially when they were first on queue. I'm much better now, although I must say I still check the postman's every move everyday.

You might recall that I was upbeat about getting the MP involved 3 weeks ago. Unfortunately it didn't turn out as well as I had hoped. They thought I shouldn't have applied when I did even though I had qualified 5 months before then. There is nothing in the rules to suggest I shouldn't have. The reason being 1.I still had 9 months leave to remain and the UKBA rightly prioritized those whose leave was expiring before mine 2. I can still apply and qualify for an extension as my wife's dependent and be granted Discretionary Leave, in which case I would have had to wait until April 2013. Honestly, how many of us would wait?

So now besides writing the secretary of state and her chief executive, there really is no other option left but wait. I have a feeling they might give the same response and my fear is I'd be risking my application being pushed further down the pile.

In short, I'm still here and the woes won't go away. Happy waiting!

Hi could you please write clearly that is there any problem in your 10 year in uk ?? was you application is straight forward ?? i have a visa until september 2013 but i have complied my 10 year in uk march 2013 .so i applied . do you think my one will be late as well ?? !

Hi jony_Dhaka

To be honest I don't think my application is straight forward. BUT I strongly believe I did not breach any immigration rules at any one time because I took my time (5 months) after qualifying to consider if they had cheap grounds to deny me before I paid the £991 (that was all the savings we had). My lawyer also agreed, although I carried on with the application myself for I couldn't afford their fee. The other day I was counting the number of times I had to renew in the first 7 yrs, 8 times. They never liked me that much, at one time sending my application in for visa/leave extension 3 times in a yr.

Just rotten luck I suppose, perhaps there is a unfavourable note on my file. Who knows? But then again, I'm here ain't I?

I'm confident you won't get as bad a treatment as I. Good luck on your quest.

[lck]

Hi everyone I have just come across this forum and here is my timeline for 10 year ilr application
App date.19/09/2012
Ack letter. 25/09/2012
Bio invite. 20/12/2012
Bio done.21/12/2012
Rest all waiting
I have uploaded my details on the skydrive.

[Hwima]

Hi all

Some of you might be wondering about the outstanding/pending timelines on sky drive so I thought I should give a little update. Well, don't know about the rest, but I'm still here. Yes, July 18 2012 applicant!

I've been quite depressed in the last week or two so I decided not to check the goings on on this forum so often and its probably gone the trick. Naturally one feels a bit jealous when things are moving for everyone else but them, especially when they were first on queue. I'm much better now, although I must say I still check the postman's every move everyday.

You might recall that I was upbeat about getting the MP involved 3 weeks ago. Unfortunately it didn't turn out as well as I had hoped. They thought I shouldn't have applied when I did even though I had qualified 5 months before then. There is nothing in the rules to suggest I shouldn't have. The reason being 1.I still had 9 months leave to remain and the UKBA rightly prioritized those whose leave was expiring before mine 2. I can still apply and qualify for an extension as my wife's dependent and be granted Discretionary Leave, in which case I would have had to wait until April 2013. Honestly, how many of us would wait?

So now besides writing the secretary of state and her chief executive, there really is no other option left but wait. I have a feeling they might give the same response and my fear is I'd be risking my application being pushed further down the pile.

In short, I'm still here and the woes won't go away. Happy waiting!

Hi could you please write clearly that is there any problem in your 10 year in uk ?? was you application is straight forward ?? i have a visa until september 2013 but i have complied my 10 year in uk march 2013 .so i applied . do you think my one will be late as well ?? !

No nothing Like that we all applied before our visa expired and got them alright..

Hwima was unlucky... I mean we all are unlucky to wait these long long periods but Hwima was really really really unlucky...

Sorry Hwima I didn't know how to describe it... you know how it goes... you need a bit of wit when you feeling low... Have a bit of whiskey or something....

and secondly..do write to the home secretary .. just in case you will find some luck ... ombudsman is an other option ... just do it in your spare time you might find luck...and who knows they might reimburse your whole fees

Hi saanju9

Say that again. I've had a few whiskeys whilst I wait but I've had to stop before it went out of hand. Just have to carry on.

[lemehunt]

Hi I have been a silent reader, I got my ILR under 10 year rule on 7/05/2013 and I applied for my wife using FLR(M) on 4/3/2013. Now dilemma is shall I apply for variation of leave for my wife or wait for FLR(M) result.
Secondly I am not sure if she falls under new rules of Financial requirements.

[Damanisshallo]

Hi I have been a silent reader, I got my ILR under 10 year rule on 7/05/2013 and I applied for my wife using FLR(M) on 4/3/2013. Now dilemma is shall I apply for variation of leave for my wife or wait for FLR(M) result.
Secondly I am not sure if she falls under new rules of Financial requirements.

Why do you think you should vary her application ? And if so what do you think you'd vary it to? Secondly, what visa was she on previously? If she was granted a dependant visa prior to 9 July 2012, then she should be fine. However, if this is the first time she's applied as your dependant, then yes she'll have to satisfy Financial requirement.

[jony_dhaka]

Hi all

Some of you might be wondering about the outstanding/pending timelines on sky drive so I thought I should give a little update. Well, don't know about the rest, but I'm still here. Yes, July 18 2012 applicant!

I've been quite depressed in the last week or two so I decided not to check the goings on on this forum so often and its probably gone the trick. Naturally one feels a bit jealous when things are moving for everyone else but them, especially when they were first on queue. I'm much better now, although I must say I still check the postman's every move everyday.

You might recall that I was upbeat about getting the MP involved 3 weeks ago. Unfortunately it didn't turn out as well as I had hoped. They thought I shouldn't have applied when I did even though I had qualified 5 months before then. There is nothing in the rules to suggest I shouldn't have. The reason being 1.I still had 9 months leave to remain and the UKBA rightly prioritized those whose leave was expiring before mine 2. I can still apply and qualify for an extension as my wife's dependent and be granted Discretionary Leave, in which case I would have had to wait until April 2013. Honestly, how many of us would wait?

So now besides writing the secretary of state and her chief executive, there really is no other option left but wait. I have a feeling they might give the same response and my fear is I'd be risking my application being pushed further down the pile.

In short, I'm still here and the woes won't go away. Happy waiting!

Hi could you please write clearly that is there any problem in your 10 year in uk ?? was you application is straight forward ?? i have a visa until september 2013 but i have complied my 10 year in uk march 2013 .so i applied . do you think my one will be late as well ?? !

Hi jony_Dhaka

To be honest I don't think my application is straight forward. BUT I strongly believe I did not breach any immigration rules at any one time because I took my time (5 months) after qualifying to consider if they had cheap grounds to deny me before I paid the £991 (that was all the savings we had). My lawyer also agreed, although I carried on with the application myself for I couldn't afford their fee. The other day I was counting the number of times I had to renew in the first 7 yrs, 8 times. They never liked me that much, at one time sending my application in for visa/leave extension 3 times in a yr.

Just rotten luck I suppose, perhaps there is a unfavourable note on my file. Who knows? But then again, I'm here ain't I?

I'm confident you won't get as bad a treatment as I. Good luck on your quest.

i don't believe in luck . Anyway my friend who came one year before me he also applied for ilr last year . It took him 10 months . It sound like you had a complicated visa history . But it is ridiculous that we have to wait for so long just for a application to sort out for them . Even third world is faster then this . I couldn't go to my country for last 4 years and miss my family friends . Now God knows how long i have to wait . I will pray for ur progress and others who are waiting .

[davidbaxter2000]

Please anybody knows anything! on Westminister college of computing

what happened to that college appeal later on. I am on 10 years residency application process. wondering if it will cause of a problem . as i had psw from there in 2008. but later extended to student 3 times.

This one involves Westminster College of Computing which also used to award so-called Post Graduate Diplomas, appeal also dismissed:

http://www.ait.gov.uk/Public/Unreported/IA152442008.doc

[sweetykaur]

Dear


I have received ILR for my daughter on SET(F) form for my 13 year old daughter this week after attending premium appointment

Q. Can I register her as a British citizen now and apply for British passport later on and What is the procedure?

Pls guide

Regards
Sweety

[lemehunt]

Thanks Damanisshallo,
Actually my wife has been on Work Permit (old style) dependent visa since April 2008 and I applied her FLR(M) on 4/3/2013, just wondering if I can vary her leave to SET(M) while her application is still in process, she has already done her biometric.
As my solicitor is going nuts, Please advice

[Damanisshallo]

Actually my wife has been on Work Permit (old style) dependent visa since April 2008 and I applied her FLR(M) on 4/3/2013, just wondering if I can vary her leave to SET(M) while her application is still in process, she has already done her biometric. As my solicitor is going nuts, Please advice

Unfortunately, she cannot go for SET(M) without switching to FLR (M) where the main applicant has been granted ILR based on 10 yr LR Route. However, there have been instances in the past where few applicants managed to get their SET(M) processed without switching to FLR (M) but then this was pure luck as some members who tried the same failed to convince the CW. Also, I need to warn you that this was a possible trial at PEO.

In the example given, the PBS migrant obtained ILR under the long residency provisions. Therefore, their partner would not be eligible to apply for ILR under paragraph 319E and would need to apply to "switch" and submit form FLR(M) for further leave to remain.

[lemehunt]

Thanks once again. So will my wife fall under old rules in regard to financial requirements and cohabitation rules. Please advice

[aamiraziz]

I think few days ago Daminisshallo suggested this option... And he also had an example.. So it is better to have an advice from him..coz I am not 100% sure

What visa are you on at the moment... are u married.. give us some more details about yourself.. may be you will have another option

I am currently on a PSW visa and yes I am married and living with my wife who is on PSW dependant . I also have a 4 month old daughter born in the UK . There is also another important issue which I want to bring to your attention and that is a one big 7.5 months gap in my stay which has happenned only as a result of me being stranded in Saudi Arabia due to a grave clerical error caused by Saudi immigration authorities and the whole process taking around 5 months to get resolved which normally takes a mere 5 days . I used to visit Saudi Arabia every year for 10-14 days to gain an exit-re-entry Visa where my parents are based but due to some sudden changes in saudi immigration laws together with an administrative error from the saudi authorities, I couldnt even manage to exit the country without gaining a final exit visa which was only secured after 5 months long struggle with the saudi immigartion authorities. I have all the relevant paperwork as evidence which is why I was hoping to apply for SET (LR) straight away as I can foresee a rejection due to this ..
Your Kind advise is very much awaited......Thank you

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
 spent a total of 540 days outside the UK throughout the whole 10 year period. Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 180 days or less at any one time, and  had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see related link: Information for non-visa nationals.
If the applicant had existing leave to enter or remain when they left and returned to the UK, the existing leave does not have to be in the same category on departure and return. For example, an applicant can leave the UK as a Tier 4 (General) student and return with leave as a spouse of a settled person. Continuous residence is not broken as the applicant had valid leave both when they left and returned to the UK.
If an applicant was in the UK with a right to reside under European Economic Area (EEA) regulations when they left the UK and was re-admitted under the EEA regulations, continuous residence is not broken.

Thank you very much for the above but we all know the obvious. I dont know if you have also read the exercise of discretion bit in the same document.......and also a brand new PDF from Home office about calculating continuous residence and exercise of discretion which goes as follows:

Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. However, consideration may still be given to granting indefinite leave to remain (ILR) outside the rules if evidence is provided to show the excessive absence was due to serious or compelling compassionate reasons.
Evidence, in the form of a letter from the applicant setting out full details of the compelling reason for the absence and supporting documents must be provided.
Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.
Discretion will only be applied as authorised at senior executive officer (SEO) level.



This would actually had been more relevant to the query I had and someone else who might have a similar plight. Anyways Thanks

You know the answer yet you are asking questions, by the looks of it Saudia Arabia has investigated you for playing with the system, and if you produce those documents to HO I doubt if it will be pleasent read for them.

[sudhirbph]

Hope some one can give me guidance

I have got my ILR (10yr) two days back. My wife has been here with me since feb 2010 as my dependent. She came as tier 2 dependant and we both had tier 2 extended in august 2010. So she has tier 2 dependent visa until august 2013. does she have to apply for FLR (m) or Set (m) now?? please advise.

thanks in advance

[Damanisshallo]

I have got my ILR (10yr) two days back. My wife has been here with me since feb 2010 as my dependent. She came as tier 2 dependant and we both had tier 2 extended in august 2010. So she has tier 2 dependent visa until august 2013. does she have to apply for FLR (m) or Set (m) now?? please advise

@Sudhirbph Refer to this post

@lemehunt Your partner should be considered under old rules. However, WRT cohabitation letters, a reasonable amount of letters should do since you are married. It is slightly tougher on un married partners.

[mmakhan]

thankyou sooooooooooooooo much
yes bcoz they gave her visa for 2 and half years .i thought she will get visa for 2 years
is there any article/rule for this so that i can highlight it or write a covering letter to them when i go for PEO.

Read the below you will find answers to question


See this post by Damanisshallo and read few more posts below and above this post


Click her to find information from UKBA website

i have been reading about the residential requirement for a spouse of a settled person on long term residence i am unable to find any such point which says,the previous stay as a point based system dependent can b amalgamated towards the settelment.am so confused i did know about the paragraph 287 a,i,d but according to statement of changes march 2013 from ukba website the page 19 has paragraph 98 which says Delete paragraph 287(a)(i)(d) and substitute:
“(d) the applicant was admitted to the UK or given an extension of stay as
the spouse or civil partner of a Relevant Points Based System Migrant;
and then obtained an extension of stay under paragraphs 281 to 286 of
these Rules and has completed a period of 2 years as the spouse or civil
partner of the person who is now present and settled here;

[mmakhan]

how can i still apply set m for my wife straight after flr m i was not aware of statement of change and i booked her appointment to go in person and apply SET M next week now i think i have to handover my case to a solicitor..
please note :
i have got my ilr on long term residence basis
my wife is with me since 2008 as a psw dependent than 3 years as a teir 1 general dependent she has been granted her flrm on 21/05/2013 for 2 and half years.
i just hope she does not need to wait for 2 more years to apply for settlement.hope solicitor knows what to do now as the rules have changed.

[Damanisshallo]

how can i still apply set m for my wife straight after flr m i was not aware of statement of change and i booked her appointment to go in person and apply SET M next week now i think i have to handover my case to a solicitor..
please note :
i have got my ilr on long term residence basis
my wife is with me since 2008 as a psw dependent than 3 years as a teir 1 general dependent she has been granted her flrm on 21/05/2013 for 2 and half years.
i just hope she does not need to wait for 2 more years to apply for settlement.hope solicitor knows what to do now as the rules have changed.

She can apply for SET(M) anytime from now as she's completed 2 yrs of qualifying period and that her previous stay was on a route to settlement she shouldn't be affected with the changes brought in April 2013.

Please refer to the below for further clarification.

• 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.

[mmakhan]

[quote="Damanisshallo"][quote="mmakhan"]how can i still apply set m for my wife straight after flr m i was not aware of statement of change and i booked her appointment to go in person and apply SET M next week now i think i have to handover my case to a solicitor..
please note :


thanks mate honestly speaking i really dont want to hire a solicitor.u guys here are a great support i truely appreciate your hardwork.i hope i will be able to convince them at PEO when we go there i need to have lot of strong evidence to show them that my wife is eligible for set m i will get few copies of there rules to prove my self just incase of any problem.

[mmakhan]

how can i still apply set m for my wife straight after flr m i was not aware of statement of change and i booked her appointment to go in person and apply SET M next week now i think i have to handover my case to a solicitor..
please note :


thanks mate honestly speaking i really dont want to hire a solicitor.u guys here are a great support i truely appreciate your hardwork.i hope i will be able to convince them at PEO when we go there i need to have lot of strong evidence to show them that my wife is eligible for set m i will get few copies of there rules to prove my self just incase of any problem.

it will be a very big help for all of us who are in same situation like me if you could make a template for set m aswell how you have made templates previously which am sure most of us have used.

[mmakhan]

i have made a covering letter for set m.can the senior members of this forum please check and draft any errors accordingly:

UK Border Agency 13/06/2013
SET (M)
Indefinite Leave to Remain
Lunar House
40 Wellesley Road
Croydon CR9 2BY


Subject: SET (M) Application request for my Dependant/Spouse

Respected Sir/Madam,

This is with the reference to my wife’s application Mrs …………….for settlement. I ……………………husband of ………………have been granted ILR with a settlement ref: ………..and residing in the UK for almost 11years with no resource to public funds. I would like to take this opportunity for my wife/spouse to apply for ILR to stay with me permanently; hence I am providing all the supporting documents and information required by the immigration rule under the guidelines of the above category.
I would request you to take into account of the following before you determine her application:
A) Currently we are residing at …………………… with 3 bedrooms and sharing with a couple(family friends)
B) Under the provisions of Part 8 Paragraph 281 and 284 of the immigration rule after she has completed the 2 years probationary period she can apply for ILR, as she was previously granted her stay under the route to settlement PBS Tier-1 General migrant category that allows the time of leave completed as PBS dependent to be amalgamated with the time of leave completed as the partner of a settled person FLR (M), hence she satisfies the requirement of the immigration rules of Part 8 its therefore she is eligible to apply for settlement using SET (M) application.
C) Under the transitional arrangements she was previously granted her stay before 9th July 2012 as my PBS Tier-1 General Dependant meeting only the rules and criteria that was in place prior to 9th July 2012, this would mean she was not required to meet financial requirement even though I can assure you we accommodate ourselves without resource to public funds and to support my statement please find my Employment letter, payslips and bank statement for the last six months.
Please note we have acted lawfully and make every possible attempt to comply with immigration rules and confirm that the information provided is true to best of our knowledge.
Considering all the above facts we shall be grateful if you kindly grant our request towards SET (M) application.
Thanking You,
Yours sincerely
any corrections or suggestions about this letter will be appreciated.