10 years long residence applications

[shahsahab]

Sswsz you r star

So it should be fine .and what is the way for her 35 days less in her long residency. I mean there will be 35 days less in get 10 years qualifying period that's after 28 days . I searched the forum but don't understand which type of application can she apply to reach that point.

Regards

Shah

[tuliprose]

Thanks sswsz

Yes her visa is valid till 7 march 2015.but let's say if I apply in august 14 and get mine ilr in three or four months can she remain on dependant visa on her own. Will the home office not say why she did not apply within 28 days after my ilr. I know it's confusing but plz guide me . You r my only hope on this forum.


Regards
Shah

She can stay in UK as long as her current leave is valid. She will need to switch as your dependant before her visa runs out or she travel outside UK.

She will have option to apply for FLR(M) before her visa expire.
Just complete the FLR(M) for with correct fees.
Once she becomes eligible for her SET(LR) you can ask UKBA for LEAVE TO VARY APPLICATION TO SET(LR) and you will need to pay fees for second application but in some cases UKBA gives you refund for your first application.

Tips to delay her first application (FLRm):

1. Pay application fees by Cheque, this will take around 5 days to clear.
2. Once you get BRP invitation, enrol her biometrics on last day.

Above steps will give her enough time and she should be eligible for her SET(LR) application by that time.

[msmussaf]

Sswsz you r star

So it should be fine .and what is the way for her 35 days less in her long residency. I mean there will be 35 days less in get 10 years qualifying period that's after 28 days . I searched the forum but don't understand which type of application can she apply to reach that point.

Regards

Shah

it depends which way is cost effective.

[msmussaf]

People who applied before 6th. Their application will decide according to rules in place 5th of april.
It is clearly mentioned in the start of document HC1138.
Secondly they can apply immediately after succssfull FLR M for SET M. If they spent 2 years as PBS dependent.

Sorry to say SSWSZ as you said that every caseworker has its own interpretation. I strongly disagree with this statement because only judiciary has the power to interpret the law.

Normally Home Office publish directorate instructions for their staff. When I ll get the new directorate instructions manual I ll post here.

[KashRIz]

People who applied before 6th. Their application will decide according to rules in place 5th of april.
It is clearly mentioned in the start of document HC1138.
Secondly they can apply immediately after succssfull FLR M for SET M. If they spent 2 years as PBS dependent.

Sorry to say someone said the every caseworker has its own interpretation. I strongly disagree with this statement because only judiciary has the power to interpret the law.

Normally Home Office publish directorate instructions for their staff. When I ll get the new directorate instructions manulal I ll post here.

Agreed I read that on HC1138 but problem is My ILR is not approved yet so I am bit confused what will happen in my case??

[msmussaf]

People who applied before 6th. Their application will decide according to rules in place 5th of april.
It is clearly mentioned in the start of document HC1138.
Secondly they can apply immediately after succssfull FLR M for SET M. If they spent 2 years as PBS dependent.

Sorry to say someone said the every caseworker has its own interpretation. I strongly disagree with this statement because only judiciary has the power to interpret the law.

Normally Home Office publish directorate instructions for their staff. When I ll get the new directorate instructions manulal I ll post here.

Agreed I read that on HC1138 but problem is My ILR is not approved yet so I am bit confused what will happen in my case??

If your application is approved its mean you were eligible for ILR on the day when you posted your application.
If your spouse application approves its mean he or she was eligible on posting day.

AND finally what were rules in place on that day.

Thats why Home Office is bound by law to follow the date of posting.
otherwise they are not very kind. Lol

[KashRIz]

People who applied before 6th. Their application will decide according to rules in place 5th of april.
It is clearly mentioned in the start of document HC1138.
Secondly they can apply immediately after succssfull FLR M for SET M. If they spent 2 years as PBS dependent.

Sorry to say someone said the every caseworker has its own interpretation. I strongly disagree with this statement because only judiciary has the power to interpret the law.

Normally Home Office publish directorate instructions for their staff. When I ll get the new directorate instructions manulal I ll post here.

Agreed I read that on HC1138 but problem is My ILR is not approved yet so I am bit confused what will happen in my case??

If your application is approved its mean you were eligible for ILR on the day when you posted your application.

If your spouse application approves its mean he or she was eligible on posting day.

AND finally what were rules in place on that day.

Thats why Home Office is bound by law to follow the date of posting.
otherwise they are not very kind. Lol

THANKS FOR CLARIFICATION MATE. JUST ONE LAST THING MY PARTNER WILL GET 2 YEAR VISA? AND SHE CAN APPLY FOR SET (M) STRAIGHT AWAY AS SHE IS HERE AS PARTNER SINCE 2011?

[msmussaf]

She get 2 years visa or 30 months visa or whatever length but she is eligible to apply for ILR on SET M form.
It will be clear in couple of days.

[msmussaf]

Length is irrelevant. Only see the rules. Some one applied on 4th april in same situation I think maan in this forum. They gave his wife 30 months visa but said you are eligible straight away for SET M.

[SSWSZ]

People who applied before 6th. Their application will decide according to rules in place 5th of april.
It is clearly mentioned in the start of document HC1138.
Secondly they can apply immediately after succssfull FLR M for SET M. If they spent 2 years as PBS dependent.

Sorry to say SSWSZ as you said that every caseworker has its own interpretation. I strongly disagree with this statement because only judiciary has the power to interpret the law.


I used word interpretation in jokingly manner but to be honest my experience said the same .on 3 feb 14 my caseworker clearly said that senior case worker is not willing to issue bvgflr because you came under new rules and according to these rules you are not showing enough proofs of income although we are showing 18600 in case but as proof are not according to. FM rules then I show her ho mail which I shared here almost 20 times after reading mail they took it inside discuss almost 20 min then said ok we wil issue both visa same day .so what my suggestion is every case worker is diff with diff view on rules so be prepared with proofs.

Normally Home Office publish directorate instructions for their staff. When I ll get the new directorate instructions manual I ll post here.

[T1V]

By the grace of Almighty, I have received my ILR yesterday. What a relief...last couple weeks have been very stressful. But cant thank enough my Lord. Thank you all the members for sharing very informative thoughts and experiences. My advice to those who are waiting, try and keep yourselves busy with something other than this. Try and stay away from Immigrationboards website when you get close to your expected receipt time. Otherwise the more you read, the more worried and stressed you will get!

My timeline:
Application sent: 27/12/13
Acknowledgement: 31/12/13
Biometrics letter: 15/01/14
Biometrics done: 16/01/14
Approval letter and card received: 07/04/14

I had two driving convictions, speeding etc.

5years student + 2 years PSW + 3 years T1

Please update the skydrive.

[malik15]

Hi,

Does anyone know any post office which is open until late for biometric registration?

Regards
Omar

[Hardikjshah83]

By the grace of Almighty, I have received my ILR yesterday. What a relief...last couple weeks have been very stressful. But cant thank enough my Lord. Thank you all the members for sharing very informative thoughts and experiences. My advice to those who are waiting, try and keep yourselves busy with something other than this. Try and stay away from Immigrationboards website when you get close to your expected receipt time. Otherwise the more you read, the more worried and stressed you will get!

My timeline:
Application sent: 27/12/13
Acknowledgement: 31/12/13
Biometrics letter: 15/01/14
Biometrics done: 16/01/14
Approval letter and card received: 07/04/14

I had two driving convictions, speeding etc.

5years student + 2 years PSW + 3 years T1

Please update the skydrive.

Congratulations - Skydrive udpated

[wandali]

Hello Guys
I need your advice and suggestion on what to do

I applied for my entrepreneur visa in Dec 2012, I was refused in May 2013, I went for my appeal in March 2014, and I am still waiting to hear the outcome from the judge. I will be clocking 10 years in 24th April 2014, should I just send a fresh application or wait for the outcome..

I have also had a look at the form (SET-LR) it says
I should list the dates where I left & returned to the UK (which I don't have them at the top of my head) which are less than the required number but what should I write there? and
where it says your leave to enter/remain has expired, did this leave expire more than 28 days before this application was made? what should I write for that one?
Do I need to provide the doctor's letter or council tax letters or gas, electricity and water bills or NI contributions or HMRC letters etc.

Please help
Thanks in advance

[msmussaf]

wandali

Is it out of time appeal ?

[msmussaf]

People who applied before 6th. Their application will decide according to rules in place 5th of april.
It is clearly mentioned in the start of document HC1138.
Secondly they can apply immediately after succssfull FLR M for SET M. If they spent 2 years as PBS dependent.

Sorry to say SSWSZ as you said that every caseworker has its own interpretation. I strongly disagree with this statement because only judiciary has the power to interpret the law.


I used word interpretation in jokingly manner but to be honest my experience said the same .on 3 feb 14 my caseworker clearly said that senior case worker is not willing to issue bvgflr because you came under new rules and according to these rules you are not showing enough proofs of income although we are showing 18600 in case but as proof are not according to. FM rules then I show her ho mail which I shared here almost 20 times after reading mail they took it inside discuss almost 20 min then said ok we wil issue both visa same day .so what my suggestion is every case worker is diff with diff view on rules so be prepared with proofs.

Normally Home Office publish directorate instructions for their staff. When I ll get the new directorate instructions manual I ll post here.

Sorry SSWSZ i didnt mean to hurt you. Actually i learnt a lot from you. But it was my personal experience in the PEO and in the court.
In 2011 they refused my application on the basis of guidance but Judge said Guidance is not the Immigration Rule. When some thing approves from parliament then it become law, And courts decide that how to interpret it.

[KashRIz]

People who applied before 6th. Their application will decide according to rules in place 5th of april.
It is clearly mentioned in the start of document HC1138.
Secondly they can apply immediately after succssfull FLR M for SET M. If they spent 2 years as PBS dependent.

Sorry to say SSWSZ as you said that every caseworker has its own interpretation. I strongly disagree with this statement because only judiciary has the power to interpret the law.


I used word interpretation in jokingly manner but to be honest my experience said the same .on 3 feb 14 my caseworker clearly said that senior case worker is not willing to issue bvgflr because you came under new rules and according to these rules you are not showing enough proofs of income although we are showing 18600 in case but as proof are not according to. FM rules then I show her ho mail which I shared here almost 20 times after reading mail they took it inside discuss almost 20 min then said ok we wil issue both visa same day .so what my suggestion is every case worker is diff with diff view on rules so be prepared with proofs.

Normally Home Office publish directorate instructions for their staff. When I ll get the new directorate instructions manual I ll post here.

Sorry SSWSZ i didnt mean to hurt you. Actually i learnt a lot from you. But it was my personal experience in the PEO and in the court.
In 2011 they refused my application on the basis of guidance but Judge said Guidance is not the Immigration Rule. When some thing approves from parliament then it become law, And courts decide that how to interpret it.

Thank you very much SSWSZ and msmussaf you both are very helpful and I m hopping to get my good news soon....just cant wait for it.

[wandali]

[quote="hefty_wait"]Dear all,

I have been a silent reader of the this form and I would like to share my timeline with you. My ILR Application Based on 10 Years Long Residence has been APPROVED ! Good luck to the rest of you who are still waiting.

*****My Timeline (8 years student + 2 years PSW - all previous applications on time with no gaps or breaks)*****
ILR Application Sent: 06/01/2014
ILR Application Received at UKBA: 07/01/2014
Acknowledgement letter dated: 08/01/2014
Application Fees Withdrawn by UKBA: 09/01/2014
Biometric Invite: 17/01/2014
Biometric Enrolled: 18/01/2014
Approval AND Documents: 2 April 2014 (letter dated 31st of March 2014)

*** Documents Sent********

Hi Did you have to take the secure english language test (SELT) even though you studied in UK? please let me know
2 x Passport covering 10 years
1 x Covering letter
1x Additional document listing the location of the entry/departure stamps to/from the UK on my passport for the entire 10 years period.
1 x Life in the UK certificate
1 x Undergraduate degree
2 x University letters confirming my student status for 8 years (stating the successful completion of the undergraduate and PhD studies) and employers letters covering the remaining two years.
1 x Bank letter confirming that I had an active account in the UK for the best of the10 years period.
1x Copy of all the above documents.[/quote]

[wandali]

[quote="msmussaf"]wandali

Is it out of time appeal ?[/quote]
@msmussaf what do you mean by that?

cheers

[msmussaf]

Wandali

when HO refused your application in May 2013 did they gave you right of appeal and you appealed in the time frame given by HO. Normally it is 10 Days if you are in the UK and 28 Days if you are out of UK.

[wandali]

[quote="msmussaf"]Wandali

when HO refused your application in May 2013 did they gave you right of appeal and you appealed in the time frame given by HO. Normally it is 10 Days if you are in the UK and 28 Days if you are out of UK.[/quote]




Yes they gave the right to appeal which I appealed within the 10 days

[msmussaf]

Wandali

when HO refused your application in May 2013 did they gave you right of appeal and you appealed in the time frame given by HO. Normally it is 10 Days if you are in the UK and 28 Days if you are out of UK.

Yes they gave the right to appeal which I appealed within the 10 days

Then you are secured by 3C leave till the decision date. You can request the Home Office for SAR file. In that file everything will be mentioned.
In my opinion you should wait till the out come of your appeal. Normally courts gave the decision in 10 to 15 days so just wait week or two.

[wandali]

[quote="msmussaf"][quote="wandali"][quote="msmussaf"]Wandali

when HO refused your application in May 2013 did they gave you right of appeal and you appealed in the time frame given by HO. Normally it is 10 Days if you are in the UK and 28 Days if you are out of UK.[/quote]




Yes they gave the right to appeal which I appealed within the 10 days[/quote]


Then you are secured by 3C leave till the decision date. You can request the Home Office for SAR file. In that file everything will be mentioned.
In my opinion you should wait till the out come of your appeal. Normally courts gave the decision in 10 to 15 days so just wait week or two.[/quote]



thanks for reply will request the SAR file. Another thing is do I need to provide proof or English even though I studied in UK?
Cheers

[msmussaf]

thanks for reply will request the SAR file. Another thing is do I need to provide proof or English even though I studied in UK?
Cheers[/quote]

It depends what you studied, if you did at least bachelor degree from uk. then its ok otherwise you need to pass english test at B1 level.
life in the uk test is compulsory whether you did a degree here or not.

[wandali]

[quote="msmussaf"]thanks for reply will request the SAR file. Another thing is do I need to provide proof or English even though I studied in UK?
Cheers[/quote]

It depends what you studied, if you did at least bachelor degree from uk. then its ok otherwise you need to pass english test at B1 level.
life in the uk test is compulsory whether you did a degree here or not.[/quote]



Yes I studied a Bachelor degree in Uk (Pharmeceutical Science)