10 years long residence applications

Damanisshallo · Post by **Damanisshallo** » Tue Apr 16, 2013 1:00 pm

saanju9 wrote:
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
That's absolutely what I thought

but Mr rgurung is on PSW previously which not a route to settlement..

unless I am missing something from his situation

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.

Since the dependent came to UK in Dec 2009 which is Pre-July on a dependent visa he/she would fall under the first condition of the first if (Qualifying Period).

Because the dependent was on a non settlement route he/she would fall under the first condition of the second if (Calculating Qualifying Period).

adkh2_1 · Post by **adkh2_1** » Tue Apr 16, 2013 1:02 pm

Hi Guys,

i am one of the september applicants still waiting to hear outcome of my application... i called UKBA 3 times in last 2 weeks, they always gave me same line "you have to keep on waiting"...

my latest phone call to them was yday, does this mean i am not going to get my documents this week... or i can still be hopeful that my documents might arrive this week, regardless of what ukba told me on phone....

angel62 · Post by **angel62** » Tue Apr 16, 2013 1:13 pm

[quote="Damanisshallo"][quote="angel62"]Dear all,
Whether Tier 2 dependents also affected or not .Not sure whether tier 2 dependents is a settlement route as for Tier 2 settlements £35000 income is required if not then 12 months cooling off period?
If tier-2 main migrant got ILR under 10 year Long residency and his income is £ 20,000 then whether his Tier -2 dependent is on settlement route or not?
Thanks[/quote]

It's simple if you qualify for settlement after the end of your visa then your dependent is on settlement route.[/quote]

I cannot apply for settlement under Tier-2 as my wages are below £35,000 then if I got ILR under long residency then my wife time spent as my PBS dependent will not count towards 2 years qualifying period.Am I right or wrong?

angel62 · Post by **angel62** » Tue Apr 16, 2013 1:14 pm

I cannot apply for settlement under Tier-2 as my wages are below £35,000 then if I got ILR under long residency then my wife time spent as my PBS dependent will not count towards 2 years qualifying period.Am I right or wrong?

saanju9 · Post by **saanju9** » Tue Apr 16, 2013 1:32 pm

angel62 wrote:I cannot apply for settlement under Tier-2 as my wages are below £35,000 then if I got ILR under long residency then my wife time spent as my PBS dependent will not count towards 2 years qualifying period.Am I right or wrong?

No because she is a Tier 2 dependent.. she can count towards 2 years qualifying period.. so she can apply after 2 years

Damanisshallo wrote:
Since the dependent came to UK in Dec 2009 which is Pre-July on a dependent visa he/she would fall under the first condition of the first if (Qualifying Period).

Because the dependent was on a non settlement route he/she would fall under the first condition of the second if (Calculating Qualifying Period).

sorry man little over look of your algorithm in previous post.

But you said

"then
You cannot add/Combine/Amalgamate your stay.
else
You can add your previous stay towards qualifying period.
end if

in this algorithm your 1st saying you cannot and then "else" your saying you can

whats the difference between
"cannot add your stay"
and
"can add your stay towards qualifying period"

just need a bit clarity here

dipmm2000d · Post by **dipmm2000d** » Tue Apr 16, 2013 2:07 pm

saanju9 wrote:
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?
Until 6th April 2013...

If you were granted a dependent on points based visas (i.e., any Tiers regardless 1,2,4) before 9 july 2012 you can apply for ILR provided you have finished the qualifying period of 2 years. Sometimes they insisted to get an FLR(M) and then SET(M) and sometimes they gave SET(M) without FLR(M)... as we have seen few cases..

If someone gets their dependent visa after 9th july 2012 they should wait 5 years to get ILR

until here its easy and simple

After 6th April 2013

they separated the Tier 1,2 and 4 now they are saying 1,2 will have the same rules applied pre 6th April 2013 and 4 cannot get their ILR because their sponsor's visa doesn't qualify for ILR...

So the question is if a tier 4 dependent converts to FLR(M) once the sponsor get ILR through 10 yr LR... do they come into pre-9th july rules if they have been granted their 1st dependent visa before 9th july 2012 (OR)

they will be starting a fresh dependent (FLR(M)) visa..

I personally think... that they will be starting a fresh dependent visa...which will fall under post 9th July 2012 rules and they will have to wait 5 years to get a ILR..

This is my interpretation of the rules I read...but there could be difference of opinions

Lets see what others come up with

This is very simple , those who are on student and psw dependant and have not applied before 6 April 2013 for flrm they will be on 5 years qualifying period as those cannt switch under part 8 after 6 April. But if you applied before 6 April you will be on 2 years qualifying period n can not comnine previous period for that 2 years. That means have to spend another 2 years to get ILR.

geegs · Post by **geegs** » Tue Apr 16, 2013 2:24 pm

Hi all,

It seems that applying for ILR on 10 years stay basis can lend you in long waiting time. Can anyone please confirm when is the earliest one can apply for ILR before expiration date on Tier 1 General visa?

I am on Tier 1 General and ILR is due by Sep 22 this year. I have already finished 10 stays in UK in March. Please advise if I should apply now on 10 years stay basis or wait for Tier 1 based application. In second case, when is the earliest I can apply for that?

Thanks

saanju9 · Post by **saanju9** » Tue Apr 16, 2013 2:31 pm

geegs wrote:Hi all,

It seems that applying for ILR on 10 years stay basis can lend you in long waiting time. Can anyone please confirm when is the earliest one can apply for ILR before expiration date on Tier 1 General visa?

I am on Tier 1 General and ILR is due by Sep 22 this year. I have already finished 10 stays in UK in March. Please advise if I should apply now on 10 years stay basis or wait for Tier 1 based application. In second case, when is the earliest I can apply for that?

Thanks

You can apply 28 days before you qualify for the ILR. so per say you came on 1st March 2003 you will be eligible for 10yr LR on 1st March 2013 (provided everything else is satisfied)..So you can send your application on 1st Feb 2013 (as there are only 28 days in Feb)

adkh2_1 · Post by **adkh2_1** » Tue Apr 16, 2013 2:33 pm

by law u are eligible to apply for ILR 10 on 10 years basis since Feb this year ... 28 days prior to completion of your 10 years in this country...

in short you can apply whenever you like provided you have 991 in ur account lol....

good luck

geegs wrote:Hi all,

It seems that applying for ILR on 10 years stay basis can lend you in long waiting time. Can anyone please confirm when is the earliest one can apply for ILR before expiration date on Tier 1 General visa?

I am on Tier 1 General and ILR is due by Sep 22 this year. I have already finished 10 stays in UK in March. Please advise if I should apply now on 10 years stay basis or wait for Tier 1 based application. In second case, when is the earliest I can apply for that?

Thanks

essentialSalt · Post by **essentialSalt** » Tue Apr 16, 2013 3:00 pm

AMH wrote:Essential Salt:

I'm in the same boat as you

It is very difficult to convince especially new employers. I'll be starting new job at the end of April, I have to submit original documents till then I hope I get some good news. Although employee checking service is there but 9 out of 10 new employers doesn't wanna go that route

After yesterday's programme, my worries are gone up especially after seeing those carats full of applications

How are you coping with the situation? My job offer would be conditional upon the visa. It is one of those big firms but they can't be bothered to apply for the visa for me. No visa, no job. What most firms want to do is to hire you on a contract basis for a year or two (graduate programmes are a good example) before making you a permanent offer.

geegs · Post by **geegs** » Tue Apr 16, 2013 3:07 pm

Thanks for you reply. Do you also know when is one eligible to apply for ILR before finishing 5 years on Tier 1 General visa. Is it also 28 days or can it be more than that?

adkh2_1 wrote:by law u are eligible to apply for ILR 10 on 10 years basis since Feb this year ... 28 days prior to completion of your 10 years in this country...

in short you can apply whenever you like provided you have 991 in ur account lol....

good luck

geegs wrote:Hi all,

It seems that applying for ILR on 10 years stay basis can lend you in long waiting time. Can anyone please confirm when is the earliest one can apply for ILR before expiration date on Tier 1 General visa?

I am on Tier 1 General and ILR is due by Sep 22 this year. I have already finished 10 stays in UK in March. Please advise if I should apply now on 10 years stay basis or wait for Tier 1 based application. In second case, when is the earliest I can apply for that?

Thanks

Damanisshallo · Post by **Damanisshallo** » Tue Apr 16, 2013 3:30 pm

geegs wrote:Thanks for you reply. Do you also know when is one eligible to apply for ILR before finishing 5 years on Tier 1 General visa. Is it also 28 days or can it be more than that?

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.

Damanisshallo · Post by **Damanisshallo** » Tue Apr 16, 2013 3:44 pm

dipmm2000d wrote:This is very simple , those who are on student and psw dependant and have not applied before 6 April 2013 for flrm they will be on 5 years qualifying period as those cannt switch under part 8 after 6 April. But if you applied before 6 April you will be on 2 years qualifying period n can not comnine previous period for that 2 years. That means have to spend another 2 years to get ILR.

This is indeed simple but talking about this over and over is making it more complicated. Hope the below quotes clarifies and puts an end to this never ending saga.

Can your dependants apply for settlement? wrote:At present, your partner must have lived with you in the UK for a minimum of 5 years or 2 years if they had been granted leave as your partner before 9 July 2012 and continuously since then, before they can apply for settlement. Your children can apply for settlement when you and your partner have either:

Family Members wrote:i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

saanju9 · Post by **saanju9** » Tue Apr 16, 2013 5:41 pm

yup...that clarifies it

Mine is a Tier 1 visa so..never paid much attention on tier 4

1 more quick question

When applying for ILR to my dependent after getting her FLR(M)... do I need to show all the tier 1 income again to the UKBA... coz I closed the self - employment business already..

did they asked for those docs

essentialSalt · Post by **essentialSalt** » Tue Apr 16, 2013 5:54 pm

adkh2_1 wrote:Hi Guys,

i am one of the september applicants still waiting to hear outcome of my application... i called UKBA 3 times in last 2 weeks, they always gave me same line "you have to keep on waiting"...

my latest phone call to them was yday, does this mean i am not going to get my documents this week... or i can still be hopeful that my documents might arrive this week, regardless of what ukba told me on phone....

Just for those still waiting to hear from the home office this week, the PCS has asked the home office to join the strike actions. I don't think anyone is getting a reply this week. I think front line workers (customer facing ones) are still working this week. We can stop checking the post this week.

http://www.ukba.homeoffice.gov.uk/sitec ... /28-strike

This is a justification from the PCS.

http://www.pcs.org.uk/en/news_and_event ... DDBEB26499

The home secretary's appearance in front of the committee is on 18th April (can be found in the same PCS article).

This has been highlighted by another member on this forum before.

Damanisshallo · Post by **Damanisshallo** » Tue Apr 16, 2013 5:55 pm

saanju9 wrote:but Relevant Points based system...

Does PSW and Students (tier 4) come under this category.....

Immigration Policy wrote:The term "Relevant Points Based System Migrant" means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. It would therefore include a Tier 1 (PSW) migrant and a Tier 4 (General) Student.

specy_99 · Post by **specy_99** » Tue Apr 16, 2013 6:06 pm

Nanmoom wrote:

Hope u watched the programme tonight on channel 4 at 8pm today ...... You now know how UKBA works. Your file might just be lying somewhere so make reference . I do not know about peaceful protest outside the HO all alone.... they might have u arrested.

I shall make you aware that it is ones right to protest peacefully in the UK!

I can not believe that a government agency such as UKBA operate in this way! Should they really be increasing the fees for this kind of service?

I really hope Theresa May & Mark Harper saw the channel 4 programme and are up to get this sorted asap and chop those senior immigration officers positions from the UKBA for shifting the goal posts and lying to the taxpayer!

Can they not spent £8 million to improve UKBA instead on the funeral of Margaret Thatcher? Would stop people protesting and help us 'the taxpayer' to live with ease?

mrgsingh · Post by **mrgsingh** » Tue Apr 16, 2013 8:06 pm

My timeline is
Application sent : 24/08/12 (Fri)
Application received by HO :28/08/12 (Tue)
Due to Bank Hol payment taken out : 30/08/2012 (Paid by Debit card)
Acknowledgement letter : received on 3/09/12 (dated 30/08/2012)
Biometric letter : received on 23/10/12 (dated 20/10/12)
biometric done : 24/10/12
passport/bio card received : waiting

Got reply back from my MP again...very disappointed...
The UKBA unable to confirm the time scale to make a decision on my application. They state that they are still working on the July applications which doesn't appear to be true here...................
Don't think if we have any other option other than wait........................

sahir1001 · Post by **sahir1001** » Tue Apr 16, 2013 8:08 pm

Hi friends, As you know I have recently been granted for ILR. I need your help (Everyone helpful in this lovely forum, specially extremely helpful person Damanisshallo) to filled up MN1 form for my UK born children (Son: age 3 and a half year; daughter age: 8 months). My Questions are as follows…
Q1. Do I need to Filled up TWO form for TWO kids?
Q2. Do I need to send my original passport or BRP?
Q3. On payment slip how can I put 2 applicants name, DOB etc as I am applying for 2 kids together?
Q4. On Section 1, question 1.3 Please say if and when the child was given Indefinite leave to enter/remain in the UK…..shall I leave it blank?
Thank You.

essentialSalt · Post by **essentialSalt** » Tue Apr 16, 2013 8:37 pm

mrgsingh wrote:My timeline is
Application sent : 24/08/12 (Fri)
Application received by HO :28/08/12 (Tue)
Due to Bank Hol payment taken out : 30/08/2012 (Paid by Debit card)
Acknowledgement letter : received on 3/09/12 (dated 30/08/2012)
Biometric letter : received on 23/10/12 (dated 20/10/12)
biometric done : 24/10/12
passport/bio card received : waiting

Got reply back from my MP again...very disappointed...
The UKBA unable to confirm the time scale to make a decision on my application. They state that they are still working on the July applications which doesn't appear to be true here...................
Don't think if we have any other option other than wait........................

I hope you are not in trouble financially as you wait for the decision. Your timeline is really close to mine. We applied before this academic year began. Now the exams have started. The waiting with no realistic timeline makes me feel really powerless.

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