10 years long residence applications

[aampublic18]

Hello applied for ILR 10 year
Posted application on 18 September 2014
Checked on royal mail web site they received it
but today 30 September 2014 no payment has been taken , just bit worried is something wrong with payment or it is just normal

Checked from my credit card issuer and they said no attempt has been made ??? It's 13 days now ??

Dear Junaid,
sometimes they make delay to take off the payment.if you have got the acknowledgement nothing to worry.

[junaid1621]

Hello applied for ILR 10 year
Posted application on 18 September 2014
Checked on royal mail web site they received it
but today 30 September 2014 no payment has been taken , just bit worried is something wrong with payment or it is just normal

Checked from my credit card issuer and they said no attempt has been made ??? It's 13 days now ??

[Shahkakaram]

Dear all forum members,

I am so excited today.i have got my ILR approval today..

here is time line .. plz update into the google drive

Application send : 17.06.14
Application received : 18.06.14
Acknowledgement received :19.06.14
Payment taken out : 24.06.14
Biometric invitation : 04.07.14
Biometric submitted :09.07.14
Approval date : 29.09.14
Docs recieved : 30.09.14
BRP received : ( it will take upto 7 days to arrive)

I would like to say thank you everyone in this forum from bottom of my core..

Our Heartiest Congratulation !!
Enjoy your freedom
Thanks for updating the news

Best of luck for future ,
Regards ,
S.Akaram
I would like to say thank you everyone in this forum from bottom of my core..[/quote]

[aampublic18]

Dear all forum members,

I am so excited today.i have got my ILR approval today..

here is time line .. plz update into the google drive

Application send : 17.06.14
Application received : 18.06.14
Acknowledgement received :19.06.14
Payment taken out : 24.06.14
Biometric invitation : 04.07.14
Biometric submitted :09.07.14
Approval date : 29.09.14
Docs recieved : 30.09.14
BRP received : ( it will take upto 7 days to arrive)

I would like to say thank you everyone in this forum from bottom of my core..

[viganooriah]

They are so lazy even after taking huge application fees from applicants. we need to push them guys.
come on case workers give us 100% success rate with flash speed.
good luck guys

Thanks

Hi greenvilla,
I agree with you. HO case workers are not fast enough considering the huge fees paid on the application form.

Lazy! My SET LR is still pending, applied at the very beginning of May and still waiting Thanx to Learn Pass Succeed!!

[shahjee1234]

Hi All

I have completed 10 years and want to apply for long residency. My question, my wife (points based dependent) who joined me in Mar 2011 (before July 2012) rule changes, would be able to apply for indefinite leave once I receive my indefinite?
I'm very confused because I thought that back in April 2014 , changes were made and all the rights were taken away which we're privously available under transitional arrangements. If someone can please elaborate that will be great.

Many thanks
KA

Hi KA941,
Well unfortunately you are right, the rules regards to the dependents of People who got ILR through 10 years long residency, have changed since April 2014. There is no straight applications for ILR for them, they have to apply first to convert their status to that of dependents of a settled person i.e YOU, through application form FLR(M), income And maintenance requirements apply on that.
Any dependents who will apply as dependents of settled person through Long residency, their time to qualify will start again from scratch, the clock goes back to zero for them,any time that's hey have spend in the country already is null and void. They have to start a new qualifying period and that starts from the date they get their initial grant of FLR(M) for 2.5 years, that is extendable for another 2.5 years to take them to a total of 5 years to qualify them for the ILR through SET(M).
Regards to pre July 2012 dependents, the transitional arrangements were there for any of them if they would have applied their FLR(m) before 6th April 2014, as that date is gone, hence any pre July 2012 PBS dependents have lost their claim on the transitional arrangements.
I am really sorry again that there is no many positives for you in the situation, but what is important is for you to get your ILR sorted and although the dependents might take a bit longer but at least you are guaranteed that they will be sorted eventually.
All the best with your future application.
Kind regards
Shahjee

[Spatacus]

They are so lazy even after taking huge application fees from applicants. we need to push them guys.
come on case workers give us 100% success rate with flash speed.
good luck guys

Thanks

Hi greenvilla,
I agree with you. HO case workers are not fast enough considering the huge fees paid on the application form.

[Spatacus]

Hi Everyone.
I have queries to ask from fellow and SENIOR members of this forum regarding my wife VISA . Her immigration history is as follow:

Came into the UK on 7 December 2010 on PSW dependent visa.
2011 got Tier 1 General dependent visa.
2013 got extension of Tier 1 General dependent Visa.
Now in September 2014 I got ILR on 10 years long residency and going to apply for her visa.
My queries are as follows;

1-Her current visa is valid till June 2016, is it ok to live or travel without getting new visa. If need to get new visa, I have further queries to ask.
2- can I apply for ILR for her now as she came before 9th July 2012.
3- Which VISA APPLICATION form do i have to use.
4-What documents do I need to send in support of her application.

I will appreciate your earliest response.

Regards
Ahmad.

Hi Ahmad,
1) Normally once you have approval from your 10 years ILR which you have this month(Sept.2014), your wife is required to change from her current VISA to dependent of ILR, which means she is required to apply using Form FLR-M.
2) Am afraid you cannot apply for your wife's ILR as the new immigration law has changed and so all the previous years your wife spent in the UK is null and reset to zero, which means she will have to start counting towards her ILR once she gets approval from HO on her FLR-M
She will have to stay another 5yrs from the day her FLR-M is granted before she can apply for her ILR.
3) The right visa application for your wife is application form FLR(M)
4) If you are using FLR(M), your wife will need to fulfill the Maintenance and Financial Requirements, however she will need the following;
(a) English Language Pass Certificate,
(b) Bank Statements, or Building society savings books/letters
(c) Evidence of Utility Bill Payments, Electricity and/or gas bills or statements, Water rates bills or statements, Telephone bills or statements
(d) Letters or other documents from government departments or agencies, for example HM
Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing.
(e) Letters or other documents from your GP, a hospital or other local health service about
medical treatments, appointments, home visits or other medical matters
(f) Council tax bills or statements
(g) Mortgage statements/agreement, Tenancy agreement(s)

This lists is not exhaustive, please read the guidance notes of FLR(M) and the application form itself. Other members might want to add to my lists and my advice.

Hope this helps.

[Ahmad83]

Hi Everyone.
I have queries to ask from fellow and SENIOR members of this forum regarding my wife VISA . Her immigration history is as follow:

Came into the UK on 7 December 2010 on PSW dependent visa.
2011 got Tier 1 General dependent visa.
2013 got extension of Tier 1 General dependent Visa.
Now in September 2014 I got ILR on 10 years long residency and going to apply for her visa.
My queries are as follows;

1-Her current visa is valid till June 2016, is it ok to live or travel without getting new visa. If need to get new visa, I have further queries to ask.
2- can I apply for ILR for her now as she came before 9th July 2012.
3- Which VISA APPLICATION form do i have to use.
4-What documents do I need to send in support of her application.

I will appreciate your earliest response.

Regards
Ahmad.

[greenvilla]

They are so lazy even after taking huge application fees from applicants. we need to push them guys.
come on case workers give us 100% success rate with flash speed.
good luck guys

Thanks

[mustansir]

Thans for ur kind reply yes i registered my own company in OCT 2013 and started business in Feb 2014 but the business was new so its took time, now since Aug 2014 i start taking salary as a director of my own company so dnt really know what will be happen when i extend my dependent visas which is valid until Sep 2016.thanks

Thank you mustansir for ur reply,my son is born in Pakistan so have to show£22400 cross income,as a private limited company director can i show 6 months wage slip?thanks
Hi Ali
are you taking a salary from you business ? if yes then you need to answer one more question were you employed with the same company (LTD company) for more then 12 months

I think you need to show the requirements for self employed then

9. Self-employment or Director of a specified limited company in the UK
9.1. Category F: Last full financial year
9.1.1. Where the applicant‟s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement.
9.2. Category G: Average of last two full financial years
9.2.1. Where the applicant‟s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can choose instead to rely on Category G. This allows them to use an average of the income received in the last two full financial years to meet the financial requirement.
9.2.2. A reference to the “average” of the income received in the last two full financial years in Category G is a reference to the mean average.
9.3. Self-employment or Director of a specified limited company in the UK – general requirements
9.3.1. For those self-employed as a sole trader, as a partner or in a franchise, the relevant financial year(s) will be that covered by the self-assessment tax return and in the UK this runs from 6 April to 5 April the following year. Where the applicant is relying on their partner‟s income from self-employment overseas, the relevant financial year(s) will reflect the requirements of the taxation system of that country.
9.3.2. For those employed as a director of a specified limited company in the UK, the relevant financial year(s) will be that covered by the Company Tax Return CT600 and corresponds to the 12-month accounting year of the company.
9.3.3. The evidence submitted must cover the relevant financial year(s) most recently ended.
9.3.4. If a person has different financial years, e.g. because they are both self-employed and a director of a specified limited company, their income from the self-assessment tax return and Company Tax Return financial years cannot be combined to meet the financial requirement. Including income from differently based financial years would not be a fair or accurate way of calculating a person‟s annual income.
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9.3.5. Income under Category F or Category G can be combined with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirement. However, unlike with other Categories, these sources of income must fall within the relevant financial year(s) in order to be included. Under Category F or Category G, all sources of income must fall within the financial year(s) relied on and must still be a source of income at the time of application. For example, to count income from property rental the income must have been received during the relevant financial year(s) and the property must still be owned by the relevant person at the date of application.
9.3.6. Where a couple are using their joint income to meet the financial requirement, all of this income must fall within the financial year(s) being relied on and must still be a source of income at the time of application. For example, if the applicant is in the UK with permission to work, to combine their salaried employment income with their partner‟s self-employment income, they must provide evidence of the income received from this salaried employment during their self-employed partner‟s relevant financial year(s) and evidence of ongoing employment at the date of application.
9.3.7. Self-employed income can be cash-in-hand if the correct tax is paid. In line with paragraph 3.1.5 of this guidance, it would generally be expected that the person‟s business or personal bank statements would fully reflect all gross (pre-tax) cash income. Flexibility may only be applied where the decision-maker is satisfied that the cash income relied upon is fully evidenced by the relevant tax return(s) and the accounts information.
9.3.8. Where a person in self-employment, or who is the director of a specified limited company in the UK, also relies on income from other employment (salaried or non-salaried) during the relevant financial year(s), they must also provide evidence of ongoing employment (salaried or non-salaried) at the date of application.
9.3.9. Income from employment as a director of a limited company in the UK of a type specified in paragraph 9(a) of Appendix FM-SE, and dividends from this type of company (where the person is a director of that company), will be counted as income under Category F or Category G.
9.3.10. Current cash savings cannot be combined with income under Category F or Category G. The only practical and fair means of evidencing income from self-employment, or as a director of a specified limited company in the UK, involves the provision of information and documentation relating to tax returns. Therefore, all the income that is counted towards the financial requirement must be drawn from the last one or two full financial years. It would not be appropriate to combine that past income with current cash savings held at the date of application. To do so would not be an accurate indicator of the real level of financial resources available to the couple. It could also lead to the same money being counted twice, once as earnings and later as savings.
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9.3.11. A self-employed person, or a director of a specified limited company in the UK, who has the necessary level of current cash savings can use these savings as their sole means of meeting the financial requirement. For information on cash savings, see section 7 of this guidance.
9.4. Self-employment or Director of a specified limited company in the UK – further guidance
9.4.1. Appendix FM-SE specifies further requirements for combining income under Category F or Category G with other sources of income:
13(e) Where the person is self-employed, their gross annual income will be the total of their gross income from their self-employment, from any salaried or non-salaried employment they have had or their partner has had (if their partner is in the UK with permission to work), from specified non-employment income received by them or their partner, and from income from a UK or foreign State pension or a private pension received by them or their partner, in the last full financial year or as an average of the last two full financial years. The requirements of this Appendix for specified evidence relating to these forms of income shall apply as if references to the date of application were references to the end of the relevant financial year(s). The relevant financial year(s) cannot be combined with any financial years(s) to which paragraph 9 applies and vice versa.
13(f) Where the person is self-employed, they cannot combine their gross annual income at paragraph 13(e) with specified savings in order to meet the level of income required under Appendix FM.
13(i) The provisions of paragraph 13 which apply to self-employment and to a person who is self-employed also apply to income from employment and/or shares in a limited company based in the UK of a type to which paragraph 9 applies and to a person in receipt of such income.
9.5. Self-employment as a sole trader, as a partner or in a franchise – requirements 9.5.1. A sole trader is a business that is owned and controlled by one person, although they may employ staff. A partnership is where the business is owned by two or more people (although equity partners are treated as in salaried employment for the purposes of the financial requirement: see section 5 of this guidance). And a franchise allows a person the right to use an existing business idea. 9.5.2. Where the applicant‟s partner is in self-employment overseas and is returning with the applicant to the UK to work, they may rely on continuing their self-employment in the UK or on a confirmed offer of employment in the UK in order to meet the financial requirement.
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Therefore, if their self-employment income overseas is sufficient to meet the financial requirement, they can also provide evidence either:  That their self-employment is ongoing and will be continuing in the UK; or  Of a confirmed offer of salaried or non-salaried employment in the UK, starting within 3 months of their return. (The specified evidence and calculation for this is explained in section 5 of this guidance).
9.5.3. Appendix FM-SE specifies further requirements for self-employment income:
19. When calculating income from self-employment under paragraphs 12A and 13(e)… this paragraph applies: (a) There must be evidence of ongoing self-employment, and (where income from salaried employment is also relied upon or where paragraph 9(c) applies) ongoing employment, at the date of application. (b) Where the self-employed person is a sole trader or is in a partnership or franchise agreement, the income will be: (i) the gross taxable profits from their share of the business; and (ii) allowances or deductable expenses which are not taxed will not be counted towards income. (c) Where income to which paragraph 19 applies is being used to meet the financial requirement for an initial application for leave to remain as a partner under Appendix FM by an applicant who used such income to meet that requirement in an application for entry clearance as a fiancé(e) or proposed civil partner under that Appendix in the last 12 months, the Secretary of State may continue to accept the same level and evidence of income to which paragraph 19 applies that was accepted in granting the application for entry clearance, provided that there is evidence of ongoing self-employment, and (where income from salaried employment is also relied upon or where paragraph 9(c) applies) ongoing employment, at the date of the application for leave to remain.
(d)The financial year(s) to which paragraph 7 refers is the period of the last full financial year(s) to which the required Statement(s) of Account (SA300 or SA302) relates.
9.6. Sole trader, partner or franchise – specified evidence 9.6.1. The evidence required to demonstrate income from self-employment is specified in Appendix FM-SE: 7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise, all of the following must be provided:
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(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year. (b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross income as an average of those two years): (i) annual self-assessment tax return to HMRC (a copy or print-out); (ii) Statement of Account (SA300 or SA302). (c) Proof of registration with HMRC as self-employed if available. (d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business. (e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s). (f) Personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly. (g) Evidence of ongoing self-employment through evidence of payment of Class 2 National Insurance contributions. (h) One of the following documents must also be submitted: (i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or (bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant‟s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006); (ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year; (iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or (iv) A franchise agreement signed by both parties. (i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.
8. In respect of self-employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 7.
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9.7. Director of a specified limited company in the UK – requirements
9.7.1. A limited company is owned by its shareholders. Where such a shareholder is also a director employed by the company, they may be paid a salary and receive dividends, which can generally be counted, as appropriate, as employment or non-employment income under Category A, Category B or Category C. However, if the company is of the type specified in paragraph 9(a) of Appendix FM-SE, the person‟s income will be considered under Category F or Category G. This is because in a company in sole or limited family ownership there is scope for doubt as to the effective control of the company, as the person is a director and shareholder or the other shareholders are family members of that person. In that case, instead of the employment evidence in Category A or Category B or the dividend evidence in Category C, we need evidence about the operation of the company.
9.7.2. Paragraph 9(a) of Appendix FM-SE states that the specified type of limited company registered in the UK is one in which:
(i) the person is a director of the company (or another company within the same group); and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner, parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.
9.7.3. Those who receive a salary and/or dividend income as a director of a limited company in the UK of the type specified above must provide all of the relevant specified evidence listed in section 9.8. 9.7.4. These specified limited companies referred to in Paragraph 9(a) are only those registered in the UK. Where a person is a director of a limited company registered overseas they cannot rely on the provisions for directors of specified limited companies in Paragraph 9(a) to meet the financial requirement. Instead the director of a limited company registered overseas might be able to use their income towards the financial requirement if the income is of a type that qualifies as employment income (see specified evidence in Paragraph 3 of Appendix FM-SE) or income from self employment (see specified evidence in Paragraph 8 of Appendix FM-SE or as non-employment income (see specified evidence in Paragraph 10 of Appendix FM-SE).
9.7.5. Appendix FM-SE specifies further requirements for income from employment and/or shares in a specified limited company (as defined in paragraph 9(a)):
19. When calculating income…in relation to income from employment and/or shares in a limited company based in the UK of a type to which paragraph 9 applies, this paragraph applies:
(a) There must be evidence of…ongoing employment at the date of application.
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(c) Where income to which paragraph 19 applies is being used to meet the financial requirement for an initial application for leave to remain as a partner under Appendix FM by an applicant who used such income to meet that requirement in an application for entry clearance as a fiancé(e) or proposed civil partner under that Appendix in the last 12 months, the Secretary of State may continue to accept the same level and evidence of income to which paragraph 19 applies that was accepted in granting the application for entry clearance, provided that there is evidence of…ongoing employment at the date of the application for leave to remain.
(e) The financial year(s) to which paragraph 9 refers is the period of the last full financial year(s) to which the required Company Tax Return(s) CT600 relates.
9.8. Director of a specified limited company in the UK – specified evidence 9.8.1. The evidence required to demonstrate income as a director of a specified limited company in the UK is specified in Appendix FM-SE: 9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(d) shall apply in place of the requirements of paragraphs 2 and 10(b)3:
(a) The specified type of limited company is one in which:
(i) the person is a director of the company (or another company within the same group); and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.
(b) All of the following must be provided:
(i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC.
(ii) Evidence of registration with the Registrar of Companies at Companies House. (iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year. (iv) If company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant‟s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006);
3 Paragraphs 2 and 10(b) are the evidential requirements relating to salaried employment and income from dividends.
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(v) Corporate/business bank statements covering the same 12-month period as Company Tax Return CT600.
(vi) A current Appointment Report from Companies House.
(vii) One of the following documents must also be provided:
(1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or a print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year.
(2) Proof of ownership or lease of business premises.
(3) Original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.
(c) Where the person is listed as a director of the company and receives a salary from the company, all of the following documents must also be provided:
(i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600.
(ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director was paid into an account in the name of the person or in the name of the person and their partner jointly.
(d)Where the person receives dividends from the company, all of the following documents must also be provided:
(i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company‟s and the person‟s details with the person‟s net dividend amount and tax credit. (ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly. .

[saqib425]

Akram Bhaii...

thanks for valuable comments .. i have no regret to accept that yes my case has been mess by my solicitor....my whole journey in Uk was lawful and on time application with approval but since dec when i made a application through solicitor on the basis of 7 year child my problem has been started. Anyways i have fully faith on Allah that inshallah whatever Allah stores for me i will get it....

yes my solicitor played my case on assumption ...ne ways only 1 confusion is still in my mind that last week when i spoke in H/o they confirmed me that they void my 1st application on 18th july but they didn't send me any letter of confirmation or neither they returned my money...when i asked about returning my money they ask me to write a letter but any ways money is not issue right now...

now i jump to my question

As i mentioned on my last post that this all drama was started from 2nd june when they void my mrs application and we received a letter on 7th july.. ( On this occassion your application has been voided.Although we note that you stated that your client and her partner previous appeal was withdrawn on 2nd june ,the evidence you provided does not demonstrate that this withdrawn was Acknowledged by court or accepted by court .. Due process dictated that all appeals right were not exhausted until 12 june).that exactly written by H/o...

on 7th july we received this letter and 8th july me and my mrs put another application through solicitor and the reason he told me to submit my fresh application that might be H/O will void my application because same thing they did with my wife. so it better we put a fresh application with in 28 days ( date we count after 11th june so it means on 26 of day we submit a new application)....

1. will H/o consider me from 2nd june when i withdrawn appeal or 11th june when all appeals were exhausted ?

2. or they will start my 28 days from 18th july when they void my application and proceed with my 2nd application?

i know and i understand its all complicated but seriously my brain has been Cooked up since last week .. i booked a appointment with well known solicitor tomorrow as well for just satisfaction. will update u whatever he say to me...

Thanks again for your Time.

Malik

[fielddrive]

no approvals today??!?!

[fielddrive]

No biometric yet bhai jaan.
has anyone being refused ILR on the ground of working morethan allocated hours during their student visa.

glad you got your biometric sorted today

[ali45]

Hi yhdil
I am on T1 Ent as well which year your wife got first dependent visa?like me have you to show annual cross income as well?I m director of my own private company.thanks

Hello yhdil,
1) Your UK born child is ok, you can apply to register him as BC using form MN1 when you get your SET LR approved.
2) Since your wife's Tier 1 Entrepreneur Dependent Visa is still valid till August 2015, i will suggest you wait till you get your approval from HO for your SET LR, then you can apply for your wife FLR M.

You stand a better chance of making things easy for yourself and HO when you get your approval from them.

Thanks for clarification , really appreciate[/quote]

[ali45]

Thans for ur kind reply yes i registered my own company in OCT 2013 and started business in Feb 2014 but the business was new so its took time, now since Aug 2014 i start taking salary as a director of my own company so dnt really know what will be happen when i extend my dependent visas which is valid until Sep 2016.thanks

Thank you mustansir for ur reply,my son is born in Pakistan so have to show£22400 cross income,as a private limited company director can i show 6 months wage slip?thanks
Hi Ali
are you taking a salary from you business ? if yes then you need to answer one more question were you employed with the same company (LTD company) for more then 12 months

[ali45]

Thans for ur kind reply yes i registered my company in OCT 2013 and started busniess in feb 2014 but the business was new so its take time now since aug 2014 i start taking salary as a director of my own company so dnt really know what will be happen when i extend my dependent visas which is valid until sep2016.thanks

[Shahkakaram]

Hello Shahji and akram and all members of this forum...

please if you help me i will be very grateful to you.. i will tell you the full story basically what happnd with me.
on 13 th dec i had applied for visa on the basis of 7year child concession and in the end of jan i got refusal letter from H/O . i lodged and appeal in FTT and they gave me a date for hearing of 9th May 2014 ...on 31st May i had completed my 10 year long residence and on 4th june i withdrawn my appeal from court and submit fresh application along with my mrs (flr m ).. 6th june received a letter from court that my appeal has been refused and i have got 5 days to appeal in UTT but i had already submit fresh application..


Now the problem started ::: H/o void my mrs application and they wrote a letter that we didn't follow the procedure of withdrawn and 11th june my all appeals rights has been exhausted .. my solicitor put a fresh application again on within 28 days but he also put my another applications as well as a precautions that may be in future H/o they void my application and i will lose my 28 days time of making a fresh application..

My question is do i have a right to work now ? i think answer is NO but i need your advise please

2. am i overstayer? again yes but please advise me

3. last imp question will h/o calculate my 28 days from when i withdrawn my appeal or when they wrote a letter to my mrs that 11th june my appeals has been exhausted? last point is very important for me . please reply me...

Thanks..

Malik

Hello Mr Malik ,

Before i can asnwer your question can you tell me who has done the first part of your post ? i means


[on 13 th dec i had applied for visa on the basis of 7year child concession and in the end of jan i got refusal letter from H/O . i lodged and appeal in FTT and they gave me a date for hearing of 9th May 2014 ...on 31st May i had completed my 10 year long residence and on 4th june i withdrawn my appeal from court and submit fresh application along with my mrs (flr m ).. 6th june received a letter from court that my appeal has been refused and i have got 5 days to appeal in UTT but i had already submit fresh application..]

?? Have you done this part your self or your solicitor ?

Whoever is done it , its really a very big mistake you have done if he is you then i can understand you may not aware of the right procedure of withdrawing appeal and lodge the new app but if it is solicitor you should ask solicitor to give all your money back because he literally mess up with your case ..how come they never know the correct procedure if they are solicitor ....

N e way let me cool down here .....

Now tell me who is the main applicant ? you or your wife ? i am assuming from your post its you ! am i rite ? then why the solicitor put another application of yours with out having the out come of your application ? your wife application is voided not yours yet but he again assuming that probably your application will also be voided ? as again its seems the lack of professionalism here that he put another application with out withdrawing the previous application ?
i am not sure about the withdrawing appeal procedure but i am sure if you want to withdraw any exisitig application you have to with draw the previous one and same day have to apply for the new application and probably the with drawing the appeal will also be dealt with the same way ....
Well , still it will not impact your application much ?? because you have completed your 10 year

You have not recieved any reply for your application then i don't think so you are overstay yet ????
for your wife yes for question 1 and 2 you are right
Question number 3 , when did they write a letter to your wife ? that on 11th june your appeal are exhhausted ? here your overstay start after 11th june ....

Shahjee or any other member can also advice you if their opinion is different from mine

Keep updating your the out come of your app

Best of luck
Regards ,
S.Akaram

[Shahkakaram]

Hello fellow members please respond.

I have a very simple but very complex question because i met few lawyers and the expression i got is fifty-fifty and even in this immigration board forum i came to know that people got refused on the same issue as the application from overstayers guidance which is valid from 24-march,2014 is negating the immigration rules part 7 paragraph 276(B)(v).

If an in-time application gets reject as invalid because of form,payment or whatever reason and you re-submit that application within twenty eight days,does it breaks the lawful residence continuity or not as many people got refused just because the ukba treated this as a gap as they considered the gap from the time of their leave to remain expiry till the grant of leave to remain even the applications were made within twenty eight days.

Does anybody know what is going on there

Regards,

Hello shahfurqan ,

How are you ?
Well I am the successful case infront of by the Grace of Allah ...
I had two invalid app in 10 years becoz of payment issue and they didn't count my over stay time since my visa expired and even if they did all were applied back In 28 days time ...
Alhamdulillah all the success is due to Allah but we should also responsible for our own acts ... In my case why they didn't refuse me ?
If you know any one whose set(LR) refused to this reason probably there may be some other reason ...

And let's share some information about their cases so we also get benefit from it ...

Hello ShahFurqan ,

Thanks for the compliment ! Now you understand that you have done nothing wrong and Although Home office give decision on every application on its own merit and circumstance however they have a set of rules to follow to decide any application , i tried my best to explain you that don't worry about your in time invalid application gap its according to the home office instruction ...you returned them back on time so don't need to worry ...

Here i can also emphasis that some lawyer / solicitors / law firm will keep confusing you so you got confused and lodge your case through them so they could atleast earn the easy money from you ...and i also add this not all the solicitors / lawyer are doing this but for most of them its their daily practise to catch their prey but just exaggrating the difficult bits your application .... they will keep confusing you by making stories and interpretating the law with their limited knowledge ....so be care ful ..

For your own satisfaction read the related home office guidance on their website

Again here on this forum i am telling you all that we are not the practising lawyer or advisor , what ever we advised here is based on the information we read on their website and with the best of our knowledge and understanding we can give you only a OPINION ...we are just a normal member of this forum who just want to help any one in the capacity we can .. neither we know the answer of all the questions .

So please keep in mind we are not here to give any one professional advise ..

Hope you understand what i mean here ,

Regards,
S.Akaram

[KA941]

Hi All

I have completed 10 years and want to apply for long residency. My question, my wife (points based dependent) who joined me in Mar 2011 (before July 2012) rule changes, would be able to apply for indefinite leave once I receive my indefinite?
I'm very confused because I thought that back in April 2014 , changes were made and all the rights were taken away which we're privously available under transitional arrangements. If someone can please elaborate that will be great.

Many thanks
KA

[yhdil]

Hello yhdil,
1) Your UK born child is ok, you can apply to register him as BC using form MN1 when you get your SET LR approved.
2) Since your wife's Tier 1 Entrepreneur Dependent Visa is still valid till August 2015, i will suggest you wait till you get your approval from HO for your SET LR, then you can apply for your wife FLR M.

You stand a better chance of making things easy for yourself and HO when you get your approval from them.[/quote]


Thanks for clarification , really appreciate

[Spatacus]

Thank you so much S.Akaram for ur kind reply yes i mean £1950 per month,can i show them only 6months wage slip?
secondly i got a big confusion as i read a post from lastphase1
LastPhase1 wrote:
Hi Amber and other members,
I recently applied for my ILR(Set LR) and after going through this board, I have noticed that my application will not be approved before my wife's dependant visa expires. I have now filled out the FLR (M) form but got confused when they asked on what basis is she applying. I also do not know what documents apart from payslips, bank statements, English level requirements, I am to add to it. Please can anyone help with what other relevant documents I need to add to her application. We meet the financial requirement and will be showing 6 months of statement and payslips, she also has a degree in Mathematics and no problem with the English level requirement. I just want to know what other relevant documents we need to add as my passport and Biometrics are with the home office.

really confuses me what does it mean?my wife got visa recently which is going to b expired in 2016 becoz my T1 Ent expired in 2016,so its mean i canot apply for my ILR which is due next month OCT 2014? can i have to wait until my dependent visa expired. very tense please help that i can sleep properly please.

Hi Ali
if your son is born in UK. You need to show income trash hold of 18600 which is after tax around 1300.22 per month if your son is not born in uk you will need to show more funds
Thank You.

This is very confusing!
I have Set (LR) Pending.
I have 1 UK born child and Tier 1 Entrepreneur Dependent wife visa valid till Aug,2015.
Does that mean that I should have made Flr (m) application for my wife with my SET(LR) application? How can FLR(M) application be made when main applicant doesn't have relevant visa?

Can I send her application of FLR(M) now and request HO to hold it till my application is decided?

please comment

Hello yhdil,
1) Your UK born child is ok, you can apply to register him as BC using form MN1 when you get your SET LR approved.
2) Since your wife's Tier 1 Entrepreneur Dependent Visa is still valid till August 2015, i will suggest you wait till you get your approval from HO for your SET LR, then you can apply for your wife FLR M.

You stand a better chance of making things easy for yourself and HO when you get your approval from them.

[Spatacus]

dear all .. i have a query.. I've already applied SET(LR) @ june'2014.. my time line is

Application send : 17.06.14
Application received : 18.06.14
Payment taken out : 24.06.14
Biometric invitation : 04.07.14
Biometric submitted :09.07.14
Approval date : ...................
Docs recieved : ...................
BRP received : .................

Please update my time line ..

My case is pretty straight forward : 6 yrs student + 2 yrs PSW + 3 yrs tier 2 (Never had a problem to extend)

my query is : what is my dependent legal status while my file at home office due to my ILR application.. Currently she is in tier 2 PBS dependent which will run out on march'2015..??

Hello aampublic18,
To answer your question; your wife's current immigration status will remain the same till HO makes decision on her application. If she was allowed to work in her previous visa before she made a fresh application then she will continue to do so. All her previous visa status still stands.
Hope this helps

Dear spatscus,
Thanks for your kind reply.my ques was what is my wife legal status right now..she hasn't apply anything yet.. I am waiting for my ILR decesion.. soon as its come she will apply through flr(m)

Hi aampublic18,
your wife's immigration status will still be under tier 2 dependent if this is your last visa before you apply for 10 years SET LR.

[yhdil]

Thank you so much S.Akaram for ur kind reply yes i mean £1950 per month,can i show them only 6months wage slip?
secondly i got a big confusion as i read a post from lastphase1
LastPhase1 wrote:
Hi Amber and other members,
I recently applied for my ILR(Set LR) and after going through this board, I have noticed that my application will not be approved before my wife's dependant visa expires. I have now filled out the FLR (M) form but got confused when they asked on what basis is she applying. I also do not know what documents apart from payslips, bank statements, English level requirements, I am to add to it. Please can anyone help with what other relevant documents I need to add to her application. We meet the financial requirement and will be showing 6 months of statement and payslips, she also has a degree in Mathematics and no problem with the English level requirement. I just want to know what other relevant documents we need to add as my passport and Biometrics are with the home office.

really confuses me what does it mean?my wife got visa recently which is going to b expired in 2016 becoz my T1 Ent expired in 2016,so its mean i canot apply for my ILR which is due next month OCT 2014? can i have to wait until my dependent visa expired. very tense please help that i can sleep properly please.

Hi Ali

if your son is born in UK. You need to show income trash hold of 18600 which is after tax around 1300.22 per month if your son is not born in uk you will need to show more funds
Thank You

[/quote]



This is very confusing!
I have Set (LR) Pending.
I have 1 UK born child and Tier 1 Entrepreneur Dependent wife visa valid till Aug,2015.
Does that mean that I should have made Flr (m) application for my wife with my SET(LR) application? How can FLR(M) application be made when main applicant doesn't have relevant visa?

Can I send her application of FLR(M) now and request HO to hold it till my application is decided?

please comment

[sidinuk2004]

Hi All

I need some advice, I have a similar problem.

I finish 10 years in the UK in January 2014 and hoping to make an application for ILR under the 10 year category. In the past, I have studied and worked in the UK on a combination student and sponsored work permit visas, since January 2004.

On one of the occasions in 2007, I failed to meet the conditions of my visa, by not transferring LTR from previous employer to New employer, within the given 6 month window. I realised this error 3 or 4 days after the 6 month period ended. I immediately notified the HR, who then had to apply for a new work permit and subsequently I was granted LTR at a premium service in Croydon.

The caseworker who handled my file mentioned that because I have broken the conditions of my visa, I will have start again from the beginning in order to qualify for ILR under the 5 year work permit category.

I was hoping to get some professional advise on whether this incident would effect my application for a 10 year ILR and wondering whether anyone from this board can shed some light.

Thanks a lot

Sid