10 years long residence applications

essentialSalt wrote:

BRITISH1020 wrote:

essentialSalt wrote:

BRITISH1020 wrote: -------------------------------------------------------------------------------------
I have no gaps & all extensions on time & no convictions .... just one point as i have crossed the limit of 540 days as cos of just one trip as stayed away for 5 months for my wife's medical emergency abroad as happened there ....so submitted everything all medical reports .... hope they agree that one trip was unavoidable and ignore that, then m well under the limit....so fingers crossed....will update as soon as i get....

How's the life as you wait for the decision? You can't change/start a job, can you?

---------------------------------------------------------------------
Its hell as waiting time's killing every moment....hope the end will be soon....

I can't start a full-time job until I have the visa. I applied a month later than you. When I show the acknowledgement letter to an employer, they say "it says 6 months. What's the problem?" I don't have an answer.

essentialSalt wrote:

Lapis wrote:I am a silent reader in this forum, I must say this is a helpful site, thank you all.

After watching Channel 4 documentary tonight, I feels we should get together to fight this atrocity not to be repeated again. UKBA should pay for all the lost earning at least return £991 paid to process the application. They failed to meet their target and tried to cover it up, not only this, they employed unqualified case workers to decides future of people. What a shamble.

I don't think that's a problem as long as they can follow the guidelines. Experienced case workers seem not really needed for most cases (and waste of money keeping those experienced workers). If you read comments on Channel 4's website, some seem to argue that the growing backlog can be explained by the reduced number of employees (compulsory redundancies). I think the point of the documentary was that there might be something fundamentally wrong with their work ethnics (employee moral) and the way their offices are run (operational problems).

Lapis wrote:

essentialSalt wrote:

Lapis wrote:I am a silent reader in this forum, I must say this is a helpful site, thank you all.

After watching Channel 4 documentary tonight, I feels we should get together to fight this atrocity not to be repeated again. UKBA should pay for all the lost earning at least return £991 paid to process the application. They failed to meet their target and tried to cover it up, not only this, they employed unqualified case workers to decides future of people. What a shamble.

I don't think that's a problem as long as they can follow the guidelines. Experienced case workers seem not really needed for most cases (and waste of money keeping those experienced workers). If you read comments on Channel 4's website, some seem to argue that the growing backlog can be explained by the reduced number of employees (compulsory redundancies). I think the point of the documentary was that there might be something fundamentally wrong with their work ethnics (employee moral) and the way their offices are run (operational problems).

No EssentialSalt, you are missing the point. The problem is, do they understand the guidelines? How many times do you think this morons will continue to shift the goal post? The effect of hiring inexperienced caseworker is enormous backlogs of cases we witness here. Different cases with its own merit, experienced caseworker would be able to apply his/her wealth of knowledge/experience to deal with the cases on time and more swiftly rather than a £6 plus staff with virtually no experience at all. Lemme ask you, would you allow inexperienced surgeon to carry out a major operation on you if you aware?

nanmoom wrote:

essentialSalt wrote:

nanmoom wrote:

RK001002 wrote:After watching this documentary from channel 4, I really regret submitting my application under 10 years when i could have done one day service under 5 years tier1 route if i waited for 10 months... Over 7 months already gone and no news.

RK001002,

Having read your comment.. i am tempted to wait until November since i am yet to submit my application. Its only 7 months away...

If you qualify properly (not a month short or anything like that would risk being rejected on the day or being told that "we can't make the decision on your application today and will contact you shortly with the decision" - the same as the postal application), I would go for the same day service. As an applicant, I have dealt with the home office under this government, previous one and one before that (I think so - when did the labour came to power?), my impression is unless you force those civil servants to do the work, they won't.

Depends how much you trust the home office to do the right thing.

Hi Essentialsalt,

Its is a straight forward application no concerns with the continuous period or any breaks. I need clarity, with same day service does can it be 28 days before or must be on day . if so then that takes me to 22.12.13 which is a sunday and my passport expires 31.7 13 but i have since done a new passport and i dont intend on travelling out ???

nanmoom wrote:Does anyone know what the procedure is in the event that one does not receive a response before the dependants visa expires?

You will have to use FLR(M) application with a covering letter if you wish to make a SET(LR) for yourselves.

What will be the course of action the dependant has to take? Make an application to the home office for an extention and on what form?

I am thinking of putting my application through for a 10 year rule in My but my current leave takes me to December 2013 I might not get a response then. With this is mind i am tempted to do a same day service for a WP together with my dependant but i am meeting with HR to discuss how i will be treated when my fixed term contract ends on 22.12.13 ( social worker with children they still need me)

Could i make a same day service at 4 years 11 months?

Premium Service wrote:When can you make your application?
We will consider any valid application to extend your visa, regardless of when you make it. If you are applying for settlement (also known as 'indefinite leave to remain'), you will normally need to have lived in the UK or a specified length of time before you apply. This is called the 'qualifying period'. For more information, see the section of this website for your current immigration category. Do not apply for settlement more than 28 days before the end of your qualifying period. If your current permission to remain in the UK will expire before you qualify for settlement, you cannot yet apply - instead, you will need to apply for permission to extend your stay.

essentialSalt wrote:

Lapis wrote:

essentialSalt wrote:

Lapis wrote:I am a silent reader in this forum, I must say this is a helpful site, thank you all.

After watching Channel 4 documentary tonight, I feels we should get together to fight this atrocity not to be repeated again. UKBA should pay for all the lost earning at least return £991 paid to process the application. They failed to meet their target and tried to cover it up, not only this, they employed unqualified case workers to decides future of people. What a shamble.

I don't think that's a problem as long as they can follow the guidelines. Experienced case workers seem not really needed for most cases (and waste of money keeping those experienced workers). If you read comments on Channel 4's website, some seem to argue that the growing backlog can be explained by the reduced number of employees (compulsory redundancies). I think the point of the documentary was that there might be something fundamentally wrong with their work ethnics (employee moral) and the way their offices are run (operational problems).

No EssentialSalt, you are missing the point. The problem is, do they understand the guidelines? How many times do you think this morons will continue to shift the goal post? The effect of hiring inexperienced caseworker is enormous backlogs of cases we witness here. Different cases with its own merit, experienced caseworker would be able to apply his/her wealth of knowledge/experience to deal with the cases on time and more swiftly rather than a £6 plus staff with virtually no experience at all. Lemme ask you, would you allow inexperienced surgeon to carry out a major operation on you if you aware?

Those are the management, not the case workers. To suggest that they can't follow the guidelines means that they can't read. But I don't want to get into an argument here.

The caseworkers are not surgeons, they are administrators. To count days using some of the date functions on Excel doesn't need a medical degree. I am not saying that what they do is worthless. I am simply saying that caseworkers for the long residence simply count days.

Let's agree to disagree here.

Damanisshallo wrote:

Spidery_thread wrote:

rgurung wrote:Hi all,
can someone on the know elaborate on the 2/5 years qualification period for an ILR dependent, where:
1. The dependent of the current ILR resident came to the UK in Dec 2009 as the dependent ofa Tier 4 Student.
2. She got her visa extended as a PSW dependent for another 2 years.
3. She now has her visa extended on FLR (M) application, with her sponsor granted ILR.

Can she apply for ILR now or in 2 years or in 5 years time? Accurate answer is very much appreciated.

Many thanks.

@rgurung,

She can apply ILR straight away as she has completed the residency requirement under old rule i.e: 2 years.

Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” is i.e. a migrant granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).

Sorry to interrupt, but I think you will have to wait for 2 yrs on FLR (M) before you can apply for ILR as per the recent changes.

Statement of change @ Page 12 wrote:To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.

Damanisshallo wrote:

Spidery_thread wrote:

rgurung wrote:Hi all,
can someone on the know elaborate on the 2/5 years qualification period for an ILR dependent, where:
1. The dependent of the current ILR resident came to the UK in Dec 2009 as the dependent ofa Tier 4 Student.
2. She got her visa extended as a PSW dependent for another 2 years.
3. She now has her visa extended on FLR (M) application, with her sponsor granted ILR.

Can she apply for ILR now or in 2 years or in 5 years time? Accurate answer is very much appreciated.

Many thanks.[/quote
@rgurung,

She can apply ILR straight away as she has completed the residency requirement under old rule i.e: 2 years.

Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” is i.e. a migrant granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).

Sorry to interrupt, but I think you will have to wait for 2 yrs on FLR (M) before you can apply for ILR as per the recent changes.

Statement of change @ Page 12 wrote:To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.

rgurung wrote:
Thanks Damanisshallo and Spidery. Conflicting replies made it even more confusing;). As Damanisshallo refers to the latest publication, my question is: does the new change apply to those who had been granted entry/extension as spouse before July 2012. There are instances in the Statement where July 2012 has been referrerd to as a point of separation between the applicability of old and new rules. Could July 2012 make a difference?

Qualifying Period wrote:If <your first dependent visa was Issued/Applied Pre-July >then
2 yrs Qualifying Period
Else
5 Yrs Qualifying Period
End if

Calculating Qualifying Period wrote:If <your previous stay as dependent was not on route to settlement> then
You cannot add/Combine/Amalgamate your stay.
else
You can add your previous stay towards qualifying period.
end if

Damanisshallo wrote:I'd have thought as below.

Qualifying Period wrote:If <your first dependent visa was Issued/Applied Pre-July >then
2 yrs Qualifying Period
Else
5 Yrs Qualifying Period
End if

Calculating Qualifying Period wrote:If <your previous stay as dependent was not on route to settlement> then
You cannot add/Combine/Amalgamate your stay.
else
You can add your previous stay towards qualifying period.
end if

Damanisshallo wrote:I'd have thought as below.

Qualifying Period wrote:If <your first dependent visa was Issued/Applied Pre-July >then
2 yrs Qualifying Period
Else
5 Yrs Qualifying Period
End if

Calculating Qualifying Period wrote:If <your previous stay as dependent was not on route to settlement> then
You cannot add/Combine/Amalgamate your stay.
else
You can add your previous stay towards qualifying period.
end if

rgurung wrote:can you please provide me the link of the change you quoted earlier. I dont see that on page 12 of the statement of change I found in the home office website.

saanju9 wrote:Guys my BRP card arrived yesterday.

Time line

applied 15/8/12
BRP done somewhere in November
approval letter: 12/4/2013
BRPcard : 15/04/2013

time.. 3 days short of 8 months

wife's FLR(M)

posted : 21/01/2013
BRP done: In 2 week of Feb
Docs: still waiting
BRP card: still waiting