10 years long residence applications

Hyper-PK wrote:Hi All the members especially Damani, Sanju9, I recently got my ilr ( dated 17-04-2013) based on 10 year rule and was on t4 visa (phd study) before the ilr. I am preparing my wife's visa switch and would like confirmation from any one at this forum.
My wife entered uk in sept 2004 and has always been my dependent (currently on T4 dependent). Because of the newly changed rule after 6th April this year, when she switches her T4 dependent visa to FLR(M), she will be subject to new rule I.e.

1) qualifying period for settlement -5 years and the qualifying period starts from the date she has her FLR (M) approved ?

2) we are subject to new financial requirement - £18600 threshold for employment salary between us ?

If she doesn't switch her current T4 dependent visa ( Visa valid till june 2015) ( although my status has changed), will it cause any problem when she applies for 10 year ILR on her own merit sept 2014 next year?

All your input will be highly appreciated. I apologies in advance to hijack this thread for FLM(M) question.

Daminishallo wrote:

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-gender 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

Damanisshallo wrote:

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

Joyous2013 wrote:Just a quick update. Have been on the phone to Home Office for the second time following up my outstanding August 31 2012 application. Same answer , still need to wait until Home Office contacts me. Lord give me strength to wait.

andie_83 wrote:Hi Izno, thank you .
Please see below the template letter Idiot spammer shared with us a while ago.

I would suggest to follow the route of giving 1 phone call, then send a letter or fax (it has worked for some), contact your MP and then write the ltter below. I think your case would read nicer and sound more solid if you state you have tried to deal with HO by calling, writting, etc and you finally don't know what to do and that is why you are contacting them.

You can contact them straight away but is my opinion is best to follow that order. Best of lucks!!

Please read this:
Rob Whiteman : rob.Whiteman@homeoffice.gsi.gov.uk
Mark Harper : mark.harper.mp@parliament.uk
Teresa May : mayt@parliament.uk
Home Office Complaints: public.enquiries@homeoffice.gsi.gov.uk

There is no harm in making a noise about the delays after 6 months - so you must send one and send reminders every day however silly it looks. Keep the language clean and assertive. Here is a what I sent:
-----------------------------------
Hello Mr. Whiteman,

UKBA Ref. No. :XXXXXXXXXXXXXXX

I would like to lodge an official complaint with UKBA regarding serious delays (nearly 8 months) in my settlement application processing.
Sorry, but I will be writing to you directly on a regular basis from now on, until I receive a demonstrable assurance that UKBA is taking an action on my case.
I would also want to request Mr. Mark Harper to intervene and ensure that a law abiding, tax paying resident of UK should not be victimized in this way.

Details of my application:
UKBA Ref. No. : XXXXXXXXXXXXX
Application Type : SET(O)
Applied from within the UK
Application Date: 22nd Aug 2012
Main Applicant: NAME (D.O.B. DD-MM-YYYY). Nationality : COUNTRY
Dependent 1 : NAME (D.O.B. DD-MM-YYYY). Nationality : COUNTRY
Biometric Enrolment Date: 21st Nov 2012
6 Months wait period completed on 22nd Feb 2013
7 Months wait period completed on 22nd Mar 2013

I raised the matter with UKBA through my MP XXXXX - as UKBA customer service had only one unhelpful answer "Your application is in progress. Please continue to wait.".
Following information was transmitted back to me :
As on 01-MAR-2013 my application wasn't allocated to a caseworker.
As on 05-MAR-2013 my application wasn't on UKBA database and would likely be added by spring time.

My Complaint:
1. Applications made after mine have had their applications decided - while my application wasn't allocated to a case worker and most likely hasn't even been opened. UKBA promises that they process applications in the order they are received - and this clearly hasn't happened in my case.
2. UKBA has seriously delayed my application processing beyond their published service standards. This is due to maladministration at UKBA and no fault of mine. This uncertainly and total lack of transparency has caused me and my family tremendous mental stress, prevented us from travelling outside UK to visit to my ailing parents. I consider this as a breach of my human rights.
3. I have received a shambolic customer service (0870 606 7766) - where the UKBA staff was not even willing to listen to my concerns and worries and had absolutely no answers. It was like as if I was speaking to a tape recorder.
4. I was contracted to do IT work for a client and it got completed on 22-FEB-2012. I had made my MP aware of this with proof of completion of contract. Since then I am unable to attend job interviews for new contracts as all employers demand the following to schedule an interview:
A proof of identification
A proof that I am legally allowed to work in UK and have enough time left on my permit to be able to fulfil my job.
Both of these above, requires me to present my passport and BRP - which I don't have because UKBA hasn't processed my application within the timelines that UKBA themselves have published.
5. While I am unable to find work forced by the delays caused by UKBA, I have to pay for me and my family's living expenses out of my limited savings as I do not I have recourse to public funds. Is it justified that I should put my career and finances at risk because of UKBA maladministration and infact pay for that out of my pocket?
6. UKBA suggested me the following options:
Put in request for my passport temporarily (1-2 days) for identity checks by employer. This is to be done by following a process that is supposed to take 20 working days. There will be several interviews scheduled over a period of time - so for each interview scheduled does UKBA expect me to put in a request for return of my passport and wait for 20 days for it to arrive. This again is not acceptable to me.
Withdraw the application and apply again at a suitable time. This would involve forfeiting my application fees , losing out on over 7 months and make a fresh application and waiting for 20 working days for my documents to arrive. This again is not acceptable to me.
Present compelling and compassionate reasons for expediting the processing of my application. This is really surprising to hear because after UKBA knows that they are at fault, and they haven't actioned on my application in over 7 months now - its time UKBA should take the responsibility and ownership of taking the earliest possible decision on my application.
7. My kids (details above) are due to start their primary schooling in a years time. We have planned to buy/rent a property near a good school - this has gone haywire as we cannot apply for a mortgage or produce identity documents for pre-tenancy checks. UKBA delays have seriously jeopardized our plans for providing a good schooling to our children denying then their basic human right.
8. This delay from UKBA will eventually cause a delay for me and my family's citizenship/naturalization application - again attributed to delays caused by UKBA and no fault of mine.

Please provide answers to the complaint above (all 8 points) above and also advise me about the following :
A clear timeline for the processing of my application - permanent solution.
Evidence that a case worker has been allocated to my application and will be available until a decision has been made.
How UKBA and Home Office intend to compensate me for the losses (of money, time and inconvenience) it has caused me and my family.

Izno wrote:hello Congrats for your ILR.

would you kindly if possible send the link of the complain template you have send to Rob Whiteman and any contact details please . I applied on the 09 August and so far no response..according to you which options will work faster ?

many thanks .

andie_83 wrote:Dear All,

I have just received my passport and documents back (still waiting for biometrics though).

The letter was printed 16-04-13 so documents were actually sent yesterday. They were delivered to my old address (even after telling them a zillion times my new one) and comes just after receiving a response on Monday from Rob Whiteman's PA.

Also, my MP contacted me saying my application has been approved.
If someone could update the skydrive for me would be appreciated.

My details are:

Application sent: 22/07/12
Complaints: phone calls, letters, contacted MP and finally Rob Whiteman and others as per Idiot spammer's post.
Passport received: 17/04/13
Biometrics: waiting
Visas held for 10 years: 5 years student (1 year computer course+bachelors), 1 year IGS, 1 year PSW, 1 year student (MSc), 3 years student (PhD) with visa expiring October 2013. No more of 3 months out of the country in total.

Also, in my complaint letter I asked if I could apply for the British passport in October hence HO took ages to process my documents....they did not answer, they only said my documents have been processed already and on their way.

I think I will just wait the year they ask, unless I get written proof from someone at HO that I can.

For all the ones waiting, specially June/July and August applicants, please do complain. Do make your MP's aware as even when they do nothing, it creates awareness about the issue.

I will let you all know when I receive my biometrics and good luck to everyone.

nanmoom wrote:@ Damani,

Do you know the answer to this question, my passport expires in July but Residence Permit expires in December .....
I have a new passport from 2012 because there are no pages in my passport .. . I dont intend on travelling until i get my ILR.
I do not have to tranfer permits do I and this will not affect my application for ILR will it???

Izno wrote:Hello guys..I am an 09th August applicant called UKBA today " application not yet completed........" . I want to send a complaint by email, can someone please confirm if this email address is the right one please. (public.enquiries@homeoffice.gsi.gov.uk )

many thanks.

saanju9 wrote:does anyone know where I can download 3rd edition of Life in UK for FREE...

thanks in advance

Damanisshallo wrote:

Izno wrote:Hello guys..I am an 09th August applicant called UKBA today " application not yet completed........" . I want to send a complaint by email, can someone please confirm if this email address is the right one please. (public.enquiries@homeoffice.gsi.gov.uk )

many thanks.

ukbacustomercomplaints@homeoffice.gsi.gov.uk

prettyzkj wrote:I have got reply from my MP today, she enlosed the feedback from UKBA:

“Thank you for your enquiry in respect of your constituent XX. Firstly I apologise that you have not had a response to your enquiry of 28 February 2013. I have however looked into the case of Mr XX and I can confirm the following:

Mr XX currently has leave to remain in the UK as a spouse until 17 October 2013. (my current VISA is going to expired on 13 May 2013 not 17 October 2013) .Applicant’s are advised that they should submit any further applications for leave to remain in the UK prior to the expiry of their current leave. Mr XX , however submitted his application on 22 August 2012. Applicants cannot have two forms of leave running concurrently i.e) as a spouse and also under the long residency rules.(i was successful got my T1(G) dependens visa when my PSW still vaild in 6 months)
Mr XX's application will therefore not be considered until closer to the date that his leave to remain expires. The reasons being that his circumstances now may be different to those prevalent at the time his current leave to remain expires.

I am out of word !!! so angry !! pls anyone can help me to feedback to UKBA to fight back.

prettyzkj wrote:I have got reply from my MP today, she enlosed the feedback from UKBA:

“Thank you for your enquiry in respect of your constituent XX. Firstly I apologise that you have not had a response to your enquiry of 28 February 2013. I have however looked into the case of Mr XX and I can confirm the following:

Mr XX currently has leave to remain in the UK as a spouse until 17 October 2013. (my current VISA is going to expired on 13 May 2013 not 17 October 2013) .Applicant’s are advised that they should submit any further applications for leave to remain in the UK prior to the expiry of their current leave. Mr XX , however submitted his application on 22 August 2012. Applicants cannot have two forms of leave running concurrently i.e) as a spouse and also under the long residency rules.(i was successful got my T1(G) dependens visa when my PSW still vaild in 6 months)
Mr XX's application will therefore not be considered until closer to the date that his leave to remain expires. The reasons being that his circumstances now may be different to those prevalent at the time his current leave to remain expires.

I am out of word !!! so angry !! pls anyone can help me to feedback to UKBA to fight back.

Long Residence @ Page 16 wrote:Applications received more than 28 days before the required qualifying period is completed You must refuse applications received more than 28 days before the applicant completes the required qualifying period for long residence. This is because the applicant has not completed the required period of leave in the UK.
You must fully consider the case and mention any other reasons for refusal in addition to the applicant not spending enough time in the UK to complete the qualifying period. For example, all breaks in continuous residence.
Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this.