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10 years long residence applications

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

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fielddrive
Senior Member
Posts: 602
Joined: Thu Sep 27, 2012 2:03 pm
United Kingdom

Re: 10 years long residence applications

Post by fielddrive » Wed Oct 29, 2014 10:40 am

maddysheffield wrote:
fielddrive wrote:
maddysheffield wrote:I never understood what situations will lead to MP helping one of the reason is Health ....but if someone has health problem they would want to get treated here rather than going back to their country ...........so how does health used to expedite the process just curious ....
dude we can't judge because it could be a close family member's health...

Field drive .. Chill no offence meant when I asked the question.... I just wanted to know the reasons why MP's would help to expedite the process that's all. Now I know and if anyone has the same problem I can suggest what needs to be done ;-)

Awesome!!! :lol:

Arsal385
Member of Standing
Posts: 385
Joined: Sun Mar 18, 2012 12:17 pm

Re: 10 years long residence applications

Post by Arsal385 » Wed Oct 29, 2014 9:49 am

TheJuryMustDie wrote:
kevin2012 wrote:please I need some advice on my current situation. I came in the uk in 2005 as a student. I got married and became a spouse for student dependant tier 4. I got married in the uk because of immigration law , I had to go back to my home country for 2 months to switch my visa and became my husband dependant in 2011. I came back in the uk in October 2011.i am my husband dependant. my visa will expire in april 2015 and to know if I could apply for settlement I have spoken to a solicitor he told me I can not apply IRL through 10 years because I went back home and came as dependant therefore my visa was switched and set back from when I came back in 2011. please I would like some advice please please. my husband applied his indefinite leave through 10 years long leave in the uk and we are stil waiting. we have a son born in the uk. iam sooo confused at the moment and worried about my situation :cry: my questions are what are the best option for my situation? please I would like someone from the board to give me more advises please
Hi Kevin2012,

Did you leave for your country to switch visa before your stay expired? Did you return to the UK within six months of you leaving? If you answer these questions in the affirmative, then your solicitor has given you the wrong advice. You will still be eligible to apply for ILR regardless of you switching to Tier 1 dependant visa abroad.

Funnily, your case is exactly the same as my wife's. If you had left the UK prior to your visa expiring, switched visa abroad, and returned to the UK within six months, your continuous stay would not be broken :)

All the very best wishes.
Agreed with TheJuryMustDie. The main criteria to become eligible for 10 years ILR is
- 10 year continues lawful stay in the UK.
- No stay outside of UK of more than 6 months in one go.
- No more than 540 days out of the UK in the entire 10 years.
Plus other attributes of Life in the UK and English requirement. If you came back to UK within 6 months regardless of your visa type. You are eligible to apply for ILR under 10 years route.

TheJuryMustDie
Newbie
Posts: 33
Joined: Fri Sep 12, 2014 7:04 pm

Re: 10 years long residence applications

Post by TheJuryMustDie » Wed Oct 29, 2014 8:39 am

kevin2012 wrote:please I need some advice on my current situation. I came in the uk in 2005 as a student. I got married and became a spouse for student dependant tier 4. I got married in the uk because of immigration law , I had to go back to my home country for 2 months to switch my visa and became my husband dependant in 2011. I came back in the uk in October 2011.i am my husband dependant. my visa will expire in april 2015 and to know if I could apply for settlement I have spoken to a solicitor he told me I can not apply IRL through 10 years because I went back home and came as dependant therefore my visa was switched and set back from when I came back in 2011. please I would like some advice please please. my husband applied his indefinite leave through 10 years long leave in the uk and we are stil waiting. we have a son born in the uk. iam sooo confused at the moment and worried about my situation :cry: my questions are what are the best option for my situation? please I would like someone from the board to give me more advises please
Hi Kevin2012,

Did you leave for your country to switch visa before your stay expired? Did you return to the UK within six months of you leaving? If you answer these questions in the affirmative, then your solicitor has given you the wrong advice. You will still be eligible to apply for ILR regardless of you switching to Tier 1 dependant visa abroad.

Funnily, your case is exactly the same as my wife's. If you had left the UK prior to your visa expiring, switched visa abroad, and returned to the UK within six months, your continuous stay would not be broken :)

All the very best wishes.

maddysheffield
Member of Standing
Posts: 372
Joined: Mon Oct 06, 2014 11:40 am

Re: 10 years long residence applications

Post by maddysheffield » Wed Oct 29, 2014 8:12 am

fielddrive wrote:
maddysheffield wrote:I never understood what situations will lead to MP helping one of the reason is Health ....but if someone has health problem they would want to get treated here rather than going back to their country ...........so how does health used to expedite the process just curious ....
dude we can't judge because it could be a close family member's health...

Field drive .. Chill no offence meant when I asked the question.... I just wanted to know the reasons why MP's would help to expedite the process that's all. Now I know and if anyone has the same problem I can suggest what needs to be done ;-)

maddysheffield
Member of Standing
Posts: 372
Joined: Mon Oct 06, 2014 11:40 am

Re: 10 years long residence applications

Post by maddysheffield » Wed Oct 29, 2014 8:07 am

taz123 wrote:
maddysheffield wrote:To all those who are awaiting decisions.

I called HO today and they confirmed that they are dealing with July Applications might start August applications in a week or so .....they have not allocated any case workers to my file I applied end of september .....so guys we need to wait till first week of December as they had plenty Aug applications ;-)

Chillax and enjoy the wait ....
Hi maddysheffield

Have u ever come across or heard from some one about this situation that the money has taken from u r account for set lr however no acknowledgement or bio metric received yet....
Ur answer will be appreciated

Many thanks

TAZ , I knew someone had the same issue and the best thing is to call home office and check with them ... at times it might take 2-4 weeks for acknowledgement if you have waited for 3-4 call them today check your email ( spam folder ) if you provided them with email....
I called home office and had good response from them they will ask you .. your full name , DOB and type of application you sent and they would be able to provide info ..phone: 03001232241

Sometimes the people in post room might type incorrect address which happened to me ...so contact HO they are just customer advisors who are there to give info for applicants so don't assume that you are talking to case worker or anything .

maddysheffield
Member of Standing
Posts: 372
Joined: Mon Oct 06, 2014 11:40 am

Re: 10 years long residence applications

Post by maddysheffield » Wed Oct 29, 2014 7:58 am

Arsal385 wrote:
maddysheffield wrote:To all those who are awaiting decisions.

I called HO today and they confirmed that they are dealing with July Applications might start August applications in a week or so .....they have not allocated any case workers to my file I applied end of september .....so guys we need to wait till first week of December as they had plenty Aug applications ;-)

Chillax and enjoy the wait ....
Brother you are jumping the gun. You applied on 26th of September and you had your biometric in less than 2 weeks ago so be patient and try to call HO again in late December. Remember patience is virtue.... :)

Arsal :-) I knew its too early bro ..but just for info I called them I suppose its turn for next applicant after a week to call and check status of applications and post on forum so everyone knows where they stand and it avoids on applicant calling for info always ;-) .... we all waited for 10 years ......... can't we wait for 3 months ;-) yes your are absoultely bang on patience is virtue ;-)

maddysheffield
Member of Standing
Posts: 372
Joined: Mon Oct 06, 2014 11:40 am

Re: 10 years long residence applications

Post by maddysheffield » Wed Oct 29, 2014 7:53 am

mizanbg wrote:
maddysheffield wrote:I never understood what situations will lead to MP helping one of the reason is Health ....but if someone has health problem they would want to get treated here rather than going back to their country ...........so how does health used to expedite the process just curious ....
Hi, I would imagine the ill health is not related to the applicant, it might be one of their relatives. As I understand if you can provide medical evidence of critical illness of your close relatives like parents, brothers, sisters, grand parents etc the homeoffice will expedite your case, but through the recommendation of your mp and with supporting documents. Thanks, mizanbg
Thanks this is helpful

kevin2012
Newly Registered
Posts: 2
Joined: Wed Oct 29, 2014 5:53 am

Re: 10 years long residence applications

Post by kevin2012 » Wed Oct 29, 2014 6:13 am

please I need some advice on my current situation. I came in the uk in 2005 as a student. I got married and became a spouse for student dependant tier 4. I got married in the uk because of immigration law , I had to go back to my home country for 2 months to switch my visa and became my husband dependant in 2011. I came back in the uk in October 2011.i am my husband dependant. my visa will expire in april 2015 and to know if I could apply for settlement I have spoken to a solicitor he told me I can not apply IRL through 10 years because I went back home and came as dependant therefore my visa was switched and set back from when I came back in 2011. please I would like some advice please please. my husband applied his indefinite leave through 10 years long leave in the uk and we are stil waiting. we have a son born in the uk. iam sooo confused at the moment and worried about my situation :cry: my questions are what are the best option for my situation? please I would like someone from the board to give me more advises please

Jollyjustcome
Newly Registered
Posts: 28
Joined: Sat Nov 02, 2013 6:42 am
Location: London
United Kingdom

Re: 10 years long residence applications

Post by Jollyjustcome » Wed Oct 29, 2014 4:54 am

I need some advice please.

My husbands 10 years ILR was refused last year because of a gap we didn't know off.
We appealed in march this year and the judge allowed the appeal and asked home office to reconsider as the refusal was unlawful.

Home office have just responded and refused again saying that his appeal rights were exhausted back in 2009.

We made a fresh application in march 2010 for tier 1 general extension not knowing about the gap and the visa was extended till April 2013.

He has been on section 3c then till now. As a tier 1 general.

He's been given a right to appeal the latest reconsideration. Please I want to know if he can apply for ILR based on tier 1 since he's been on the visa since 2010. Even tough it's 2 years as section 3c?

What other options available to us. Our first child will be 7 in April. Thanks a lot.

rosazeet
Newly Registered
Posts: 24
Joined: Thu Oct 09, 2014 11:27 pm

Re: 10 years long residence applications

Post by rosazeet » Wed Oct 29, 2014 2:11 am

while applying for fp do we need to send photo copies of all attached documents.

mizanbg
Newly Registered
Posts: 23
Joined: Wed Dec 15, 2010 12:45 am
Location: London

Re: 10 years long residence applications

Post by mizanbg » Wed Oct 29, 2014 1:01 am

maddysheffield wrote:I never understood what situations will lead to MP helping one of the reason is Health ....but if someone has health problem they would want to get treated here rather than going back to their country ...........so how does health used to expedite the process just curious ....
Hi, I would imagine the ill health is not related to the applicant, it might be one of their relatives. As I understand if you can provide medical evidence of critical illness of your close relatives like parents, brothers, sisters, grand parents etc the homeoffice will expedite your case, but through the recommendation of your mp and with supporting documents. Thanks, mizanbg

rosazeet
Newly Registered
Posts: 24
Joined: Thu Oct 09, 2014 11:27 pm

Re: 10 years long residence applications

Post by rosazeet » Wed Oct 29, 2014 1:00 am

Thank you shahjee. Can you or any experience member advise me what application form should I use to apply. FLR fp or FLR M. I m bit confused as I asked 5 solicitors today. 3 of them suggest me to use flr m.1 said flr Fp. Even 1 suggested me to apply indefinit as I have spent more than three years as a dependent in uk. I m giving u my case overview
Came in uk 2010 student dependent
2 childern (6 yrs, 4yrs)1 born in pak and 1 in uk
English a1 certificate
Salary 15k/year
Husband is student and applying set lr 10 years basis
I m his t4 point base dependent
Thank

jignesh455
Member
Posts: 128
Joined: Sat Apr 28, 2012 2:31 pm
Location: United Kingdom

Re: 10 years long residence applications

Post by jignesh455 » Wed Oct 29, 2014 12:18 am

rosazeet wrote:I have more questions.
1) Do the time spent as a discretionary leave included towards 10 years legal residence?
2) can we Change our status from discretionary leave to flr m if at any point we able to fulfill financial requirements of flr m.
Thanks
Yes any legal stay till 10 years will be count for long residence. for flr (m) either your partner should have IlR and need to meet other and financial requirement and then you can apply for flr (m) ....
jignesh

GOd Helps
Member
Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: 10 years long residence applications

Post by GOd Helps » Tue Oct 28, 2014 11:24 pm

salaam shahjee =1234 can you please share your email address as i need to discuss my final check list of set m . i have got my appointment for set m on this saturday.

taz123
inactive
Posts: 36
Joined: Wed Sep 10, 2014 4:55 pm

Re: 10 years long residence applications

Post by taz123 » Tue Oct 28, 2014 9:56 pm

maddysheffield wrote:To all those who are awaiting decisions.

I called HO today and they confirmed that they are dealing with July Applications might start August applications in a week or so .....they have not allocated any case workers to my file I applied end of september .....so guys we need to wait till first week of December as they had plenty Aug applications ;-)

Chillax and enjoy the wait ....
Hi maddysheffield

Have u ever come across or heard from some one about this situation that the money has taken from u r account for set lr however no acknowledgement or bio metric received yet....
Ur answer will be appreciated

Many thanks

rosazeet
Newly Registered
Posts: 24
Joined: Thu Oct 09, 2014 11:27 pm

Re: 10 years long residence applications

Post by rosazeet » Tue Oct 28, 2014 9:31 pm

I have more questions.
1) Do the time spent as a discretionary leave included towards 10 years legal residence?
2) can we Change our status from discretionary leave to flr m if at any point we able to fulfill financial requirements of flr m.
Thanks

Arsal385
Member of Standing
Posts: 385
Joined: Sun Mar 18, 2012 12:17 pm

Re: 10 years long residence applications

Post by Arsal385 » Tue Oct 28, 2014 8:48 pm

maddysheffield wrote:To all those who are awaiting decisions.

I called HO today and they confirmed that they are dealing with July Applications might start August applications in a week or so .....they have not allocated any case workers to my file I applied end of september .....so guys we need to wait till first week of December as they had plenty Aug applications ;-)

Chillax and enjoy the wait ....
Brother you are jumping the gun. You applied on 26th of September and you had your biometric in less than 2 weeks ago so be patient and try to call HO again in late December. Remember patience is virtue.... :)

fielddrive
Senior Member
Posts: 602
Joined: Thu Sep 27, 2012 2:03 pm
United Kingdom

Re: 10 years long residence applications

Post by fielddrive » Tue Oct 28, 2014 8:45 pm

maddysheffield wrote:I never understood what situations will lead to MP helping one of the reason is Health ....but if someone has health problem they would want to get treated here rather than going back to their country ...........so how does health used to expedite the process just curious ....
dude we can't judge because it could be a close family member's health...

rosazeet
Newly Registered
Posts: 24
Joined: Thu Oct 09, 2014 11:27 pm

Re: 10 years long residence applications

Post by rosazeet » Tue Oct 28, 2014 8:11 pm

Thank you shahjee. Can you or any experience member advise me what application form should I use to apply. FLR fp or FLR M. I m bit confused as I asked 5 solicitors today. 3 of them suggest me to use flr m.1 said flr Fp. Even 1 suggested me to apply indefinit as I have spent more than three years as a dependent in uk. I m giving u my case overview
Came in uk 2010 student dependent
2 childern (6 yrs, 4yrs)1 born in pak and 1 in uk
English a1 certificate
Salary 15k/year
Husband is student and applying set lr 10 years basis
I m his t4 point base dependent
Thank

maddysheffield
Member of Standing
Posts: 372
Joined: Mon Oct 06, 2014 11:40 am

Re: 10 years long residence applications

Post by maddysheffield » Tue Oct 28, 2014 6:25 pm

To all those who are awaiting decisions.

I called HO today and they confirmed that they are dealing with July Applications might start August applications in a week or so .....they have not allocated any case workers to my file I applied end of september .....so guys we need to wait till first week of December as they had plenty Aug applications ;-)

Chillax and enjoy the wait ....

maddysheffield
Member of Standing
Posts: 372
Joined: Mon Oct 06, 2014 11:40 am

Re: 10 years long residence applications

Post by maddysheffield » Tue Oct 28, 2014 6:25 pm

I never understood what situations will lead to MP helping one of the reason is Health ....but if someone has health problem they would want to get treated here rather than going back to their country ...........so how does health used to expedite the process just curious ....
Last edited by maddysheffield on Tue Oct 28, 2014 6:28 pm, edited 1 time in total.

shahjee1234
Senior Member
Posts: 516
Joined: Thu Mar 06, 2014 9:44 am

Re: 10 years long residence applications

Post by shahjee1234 » Tue Oct 28, 2014 4:03 pm

Arsal385 wrote:
Many Thanks Shahjee. That answered all my questions. God bless :lol:

I asked another question in the other pages, but no answer, can you help me with that one (as below) please? Thanks again :)

I can apply for my ILR(10 years) now, and my husband (currently my PBS dependent-Valid until May2015) wants to apply for FLR(M) when my settlement is approved. The problem is that he has to leave the UK around mid-December 2015 for business for about a week, and then apply for FLR(M) on his return.

My questions is, if I apply for my settlement now, when exactly my previous PBS visa (and his consequently) will become invalid? at the time of application? at the time of biometric? or at time of approval for settlement? and when is the latest he can leave and return to the UK with his current dependent visa?

As a good practice, as soon as you receive approval on your SET LR then your husband will need to apply his extension as a dependant of a settled person through FLR (M) application. There is no hard and fast rule that your husband stay in the UK will be invalid after your SET LR approval, He can stay in the UK until his visa valid but it may create a problem if he travels abroad and returns to UK again. So taking this into account it is always a good idea to change his visa status before he wants to travel abroad.

Based on the current google drive tracker. If you apply for your SET LR application now, you will get your approval by the end of January or February next year so he is safe to travel abroad in December this year for a week.

Also bear in mind if your husband will need to spend 5 years in the UK on FLR (M) in order to be eligible for ILR and all of his current stay will be disregarded by HO.

Shahjee bhai can assist you further with his more solid response.[/quote]

Hi Saman.NJ,
I agree with Arsal385 to the extent that your husband should change his status as soon as possible once you get your ILR, but with your application pending in the month of December, will it be a wise for him to travel abroad ? Frankly I will not advise this, although his status is still legitimate but is it good enough for him to travel ? Frankly you should get clear answers to these questions before he even think to travel, as you don't want to jeopardise his legitimate stay for any small little misunderstanding of the rule.
Fully agree with Arsal385, on your husband validity of previous status after you are granted ILR, but he has to change it to that of Dependent of a Settled person through FLR(M) before he plans to travel abroad.
Hope it helps. All the best.
Kind regards
Shahjee
Application send: 10/02/2014
Acknowl received: 17/02/2014
Biometric received: 05/03/2014
Biometric recorded: 05/03/2014
Approval date: 13/06/2014

Arsal385
Member of Standing
Posts: 385
Joined: Sun Mar 18, 2012 12:17 pm

Re: 10 years long residence applications

Post by Arsal385 » Tue Oct 28, 2014 2:47 pm

12years wrote:According to the set LR timeline on Google drive someone named "AL" who applied on the 20th of sept. received a decision in 5 weeks.

AL did you expedite your case ?
Looks like he expedited his case on medical ground. See his comments on tracker.

Arsal385
Member of Standing
Posts: 385
Joined: Sun Mar 18, 2012 12:17 pm

Re: 10 years long residence applications

Post by Arsal385 » Tue Oct 28, 2014 2:43 pm

Saman.NJ wrote:
shahjee1234 wrote:
Saman.NJ wrote:Hi Everyone,

I'm a bit confused really :? :? :? . How does the Home office finds out when I was outside the UK? Obviously there is entry dates on the passport but how they know when I exited the UK? I assume they check entry stamps to other countries in the passport and compare it to the dates provided on the passport? What if it's written in an non-English (farsi) and using a different calendar(non-christian)?

Many thanks in advance for your help :)
Hi Saman.NJ,
You have asked the questions and pretty much answered them your self :lol:
Although UK exit stamps are not there but entry to other countries stamps are there, so not hard to tell for them.
In this Stone Age if your passport is even stamped in a different language it is not hard work for them to interpret, so many language experts are there working for the Home Office, and obviously they have asked you a question already in the form regards to that if you answer it wrong or try deception than you know the result...
So always be very defined on the dates of entry and exit as that is frankly the only thing for case worker to investigate in a SET(LR) application, as you know there is no other compulsion like showing income, or job e.t.c.
I hope it helps. All the best.
Kind regards
Shahjee

Many Thanks Shahjee. That answered all my questions. God bless :lol:

I asked another question in the other pages, but no answer, can you help me with that one (as below) please? Thanks again :)

I can apply for my ILR(10 years) now, and my husband (currently my PBS dependent-Valid until May2015) wants to apply for FLR(M) when my settlement is approved. The problem is that he has to leave the UK around mid-December 2015 for business for about a week, and then apply for FLR(M) on his return.

My questions is, if I apply for my settlement now, when exactly my previous PBS visa (and his consequently) will become invalid? at the time of application? at the time of biometric? or at time of approval for settlement? and when is the latest he can leave and return to the UK with his current dependent visa?

As a good practice, as soon as you receive approval on your SET LR then your husband will need to apply his extension as a dependant of a settled person through FLR (M) application. There is no hard and fast rule that your husband stay in the UK will be invalid after your SET LR approval, He can stay in the UK until his visa valid but it may create a problem if he travels abroad and returns to UK again. So taking this into account it is always a good idea to change his visa status before he wants to travel abroad.

Based on the current google drive tracker. If you apply for your SET LR application now, you will get your approval by the end of January or February next year so he is safe to travel abroad in December this year for a week.

Also bear in mind if your husband will need to spend 5 years in the UK on FLR (M) in order to be eligible for ILR and all of his current stay will be disregarded by HO.

Shahjee bhai can assist you further with his more solid response.

shahjee1234
Senior Member
Posts: 516
Joined: Thu Mar 06, 2014 9:44 am

Re: 10 years long residence applications

Post by shahjee1234 » Tue Oct 28, 2014 2:08 pm

tuliprose wrote:Hi,

Do any of the member has any email or letter from Home Office confirming that time spent as student dependent will be counted towards SET(M) application ?

I saw a post from a member (GOd Helps) on Fri 17th Oct on this thread and tried sending PM but for some reason PM does not go through.

I'll applying SET(M) for my wife soon and need confirmation if her student dependent stay will be counted towards ILR.

I'll be really thankful if you have any kind of written confirmation from Home regarding above.

Many Thanks.
Hi tuliprose,
If you don't mind to share a bit of history regards to your wife case and than it will be easy to asses your situation. Many thanks.
Kind regards
Shahjee
Application send: 10/02/2014
Acknowl received: 17/02/2014
Biometric received: 05/03/2014
Biometric recorded: 05/03/2014
Approval date: 13/06/2014

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