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I don't know about the immigration laws and this case is not relevant to mine.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.
If you have a photocopy of your previous leave, why not submit the same to your MP and raise the issue that the UKBA have lied to her eventually to yourselves by fiddling the dates. I can sense that this would raise few more eyebrows at the MP's office.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.
Damanisshallo,DRcfox wrote:Andie_83
I decided to write a letter to Teresa May, Rob Whiteman, the Home Office and cc's my MP. My MP's assistant (who is very helpful) was able to find out today that they only acknowledged my application being over six months on the 15th April....when really it would have been on the 31 Feb. Not sure if this is a good sign or a bad sign. Anyway, I thought I would provide a copy of the letter I sent if it might helps others.
Dear Teresa May,
I am writing to you regarding the UKBA and the serious delays (nearly 8 months) with my Indefinite Leave to Remain application. I am not one to complain but, after watching the Channel 4 program UKBA Uncovered, I was so distressed by the state of the UKBA I felt it necessary to voice my concern. I have been corresponding with my local MP NAME regarding my case and he has sent a letter on my behalf regarding the progress of my application. I have also written a personal letter to the head case worker along with two faxes.
Details of my application:
UKBA Ref. No. :
Application Type: SET (O) Applied from within the UK
Application Date: 31 Aug 2012
Main Applicant: NAME D.O.B. , Nationality:
Biometric Enrolment Date: 1 Nov 2012
6 Months wait period completed on 31th February 2013; 7 Months wait period completed on 31th March 2013
My Concerns:
1. Applications made after mine have received a decision while my application has not been allocated to a case worker. UKBA promises that they process applications in the order they are received and this clearly has not 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 my own. This lack of transparency has caused me tremendous mental stress and has prevented me from visiting my partner, my grandmother, and applying for jobs.
3. I was also surprised to see how many other government departments are being affected by the lack of competency of the UKBA. MPs should be focused on solving their constituencies’ and the country’s bigger problems and not having to deal on a daily basis with the failures of this department. Allocating the responsibility to other departments such as Enforcement does not solve the problem but only embeds the issues deeper. To see the UKBA workers laughing about this on the undercover video was quite upsetting.
4. Although dividing cases into a range of difficulty is a good idea, I believe it is too late. I think there needs to be a major government intervention to process the 50,000+ backlog cases and a fundamental transformation of the department is needed. The fact that the show highlighted that nothing has actually changed since the Easter deadline was disturbing.
Please can you provide me with a clear timeline for the processing of my application and clarity about my other concerns? These 50,000+ cases are PEOPLE; people who have paid approximately £1000 for the UKBA to uphold their responsibility. In any other industry, when a deadline is set, you do what is necessary to meet it. That may mean sleepless nights and long weekends but lawyers, doctors, bankers, stockbrokers, sales associates, and students all have to meet their deadlines and thus should the UKBA!
Sleepless in Richmond,
NAME
Hi Sanju, thanks for quick reply. I finally got the concept of qualifying period for my wife's case under this 6th April new rule but could anyone or Damanisshallo shed light on whether she needs to fulfill £18600 financial requirements. To be honest, as a fulltime PhD student with working hours restrictions, it is pretty unfair for UKBA to change rule in such short notice and call it 'minor change'.saanju9 wrote:qualifying period @ to make it further simplerHyper-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.
Seeing this I think you don't need financial requirement (£18600 ) either...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 ifCalculating 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
Although I am not 100% sure as I don't fell under this criteria..Read these UKBA website docs you will find an answer...
1 question... can you show an income of £18600 between yourself and your spouse..if you can just put it up..
answering your other question... I think it's better you change her visa...because shez on a tier 4 dependent visa and your not on tier 4 anymore...she can still apply on 10yrs LR in her own right in sept 14...(I know money matters here but I think you have to change)...
but its upto you ...how you play it
longwait2013 wrote:I've been a silent ready of this forum. I applied for my ILR based on 10 yr long residence. It was a straight forward application. Timeline...
Applied: 7th August 2012
ack letter received: 14th August 2012
Biometric invitation: 20th November 2012 (I submitted the same day)
received passports and bio metric residence permit: 18th April 2013.
Actually my solicitor has received the documents and posted it to me and I should receive it tomorrow.
My solicitor sent a fax reminder to UKBA on 10th April 2013.
It's been a miserable wait as I missed my sister's wedding, a lot of good job offers, unable to visit ailing family member...been cursing UKBA all the time desperately. The only thing that kept me sane was this forum. Thanks a lot to all the contributors on this forum and good luck to all waiting for outcome from UKBA.
Hyper-PK wrote:My wife entered uk in sept 2004 she needs to fulfill £18600 financial requirements.
No, she'd be consider under Pre-July rules and need not full fill the financial requirement.
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.
If your lawyer's office is big, as in one of those high-rise buildings where all deliveries are made to the reception and then internally delivered to a relevant department or person, it is possible that they got lost in the same building. The mail room/reception might have it (usually if we find a letter that belongs to a different department, we just return it to the reception/mail-room).amjadleeds wrote:Hi everyone ,
I called today HO to confirm about acknowledgement letter of my family application which was posted on 15th of March 2013. I have quite positive experience lady was so friendly , she told me we posted to you acknowledgement on 23rd March, and bio metric letter on 27th of March, these both were posted on my solicitor address, I checked from my solicitor they havn't received them which is quite strange , solicitor firm is one of leading in the UK with ten offices , cant imagine why these letter were lost.
Lady put me on hold and request for me again bio metric letter but still in stress what will be happen if we don't get again. Guys if any one havnt received acknowledgement letter or bio metric long time better to call and check from HO. Due to any reason if you don't get it and they say , they have posted to you, after 21 days they can in valid your application, lucky I called them .
My application for ILR still in process last six months like others, just need your prayers.
Regards
Amjad leeds
I shocked ans speechless. This is wrong. what are you planning to do now ?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.
WAITprettyzkj wrote: 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.
I totally agree with you essentialSalt. Once we have done what we could do (contact MP, file a complaint, etc.), there's only one thing - let the time play the game for you. I truly understand the desperation and anxiety how you feel while in waiting, especially those couldn't move on with life... You guys have to focus on your life, work, study, play, try not to make yourself too stressful. At some point (after 7 months waiting) I was really frustrated, seeing people who applied ILR much later than me got their paperwork back. Then I thought it made me wait for so long, maybe I could make the most of it, so I concentrated on my work. (And my supervisor told me recently that there'll be a promotion opportunity......)essentialSalt wrote:Just focus on things you can do without the visa. If your visa was a work visa, just focus on learning new things at work (maybe you might get promoted as a result). If your visa was a student visa, just give yourself a project and keep yourself entertained. I know how difficult it is to look for a full-time job when the home office has your passport. Learning a computer programming language is a nice way to kill time and improve your employability. You can also improve your employability by attending conferences, networking events and taking short-courses (if there is enough money). Volunteering could be a way to meet new people and expand your networks.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.
I wonder if this is possible for 10 Yr LR Route?adkh2_1 wrote:a friend of mine said to me last night that there is a service where you can fast track your new/existing ILR applications... please see the link below
http://www.iasservices.org.uk/switch-premium/
adkh2_1 wrote:Hi Guys,
a friend of mine said to me last night that there is a service where you can fast track your new/existing ILR applications... please see the link below
http://www.iasservices.org.uk/switch-premium/
don't know if it works... but worth a try i suppose
Good luck all....
AMH wrote:Just called IAS, response is Premium service is not available for 10yrs ILR...thay also said current waiting time is upto 9months!!adkh2_1 wrote:Hi Guys,
a friend of mine said to me last night that there is a service where you can fast track your new/existing ILR applications... please see the link below
http://www.iasservices.org.uk/switch-premium/
don't know if it works... but worth a try i suppose
Good luck all....