10 years long residence applications

prettyzkj · Post by **prettyzkj** » Thu Apr 18, 2013 8:48 pm

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.

jitu_2677 · Post by **jitu_2677** » Thu Apr 18, 2013 9:32 pm

Hi I am an August applicant and my timeline as follows
Application date: 20/08/2012
Acknowledgement: 22/08/2012
Biometric invite: 27/10/2012
Biometric done: 27/10/2012
ILR Approved: 16/04/13
BRP and passport: 18/04/13

essentialSalt · Post by **essentialSalt** » Thu Apr 18, 2013 9:36 pm

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.

I don't know about the immigration laws and this case is not relevant to mine.

But it is common courtesy for them to write to you earlier.

You would have been disappointed if you learned this in August (or even September) in 2012, but you would have known where you stood. Now 8 months on, they are telling you that they won't look at the application until next year (based on what you have written). The home office hasn't written to you since the acknowledgement and biometrics letters?

I think you will need to consult a certified professional about this. Case workers generally seem to work with guidelines, but guidelines are just a quick summary of the proper immigration laws (hundreds of pages). Some experienced members of this forum might be able to help, but I would consult a professional about what you should do next.

Post by **Damanisshallo** » Thu Apr 18, 2013 9:50 pm

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.

Also, ask your MP what does the below quote means and where does it says that you cannot apply for ILR if your current leave is longer than a month?

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.

DRcfox · Post by **DRcfox** » Thu Apr 18, 2013 10:08 pm

WOW all this great news for August applicants...maybe mine will be soon? I really hope so. So happy for you all....this site is the only way I am getting through this.

clubcard2002 · Post by **clubcard2002** » Thu Apr 18, 2013 10:09 pm

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

Damanisshallo,

I think using the C4 documentary, we can all claim our thousands of fee we paid for such a poor service actually being done by random unqualified novices. How does it cost so much?? Its a unlawful, rip off.

Would this need a petition?

Might need strength in numbers.

amjadleeds · Post by **amjadleeds** » Thu Apr 18, 2013 10:10 pm

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

Hyper-PK · Post by **Hyper-PK** » Thu Apr 18, 2013 10:14 pm

saanju9 wrote:
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.
qualifying period @ to make it further simpler

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
Seeing this I think you don't need financial requirement (£18600 ) either...
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

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'.

Thanks all for your feedback in advance.

Izno · Post by **Izno** » Thu Apr 18, 2013 10:38 pm

Congrats dear ! do you think the solicitor reminder made a difference..i applied on the 09 August no response from UKBA. Was your case straight forward ?

many thanks

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.

Post by **Damanisshallo** » Thu Apr 18, 2013 10:59 pm

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.

pisces_kid · Post by **pisces_kid** » Thu Apr 18, 2013 11:14 pm

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.

This is completely wrong...how can they just keep your passport until your visa is nearer to its expiry?? As someone said earlier, no where does it say you cannot apply if you have 6 months visa left.
And what do they mean by saying your circumstances may change nearer to the expiry? are they expecting you to commit a crime so that they can refuse visa??
They have powers to cancel a visa, why cant they cancel the current leave and give ILR??
My case is similar to you but i havent reached 6mth mark yet..so cant really do much..

essentialSalt · Post by **essentialSalt** » Thu Apr 18, 2013 11:34 pm

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

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).

I would also ask the lawyer to double-check the registered address with the home office. For example, my address needs a specific postcode that is usually not on a computer system (e.g., automatic address filler using your postcode). If you send me a letter using a wrong postcode but with the right street name and number, I will never see that letter. I don't live in a small town where a postman knows where people live. I live in one of the busiest and oldest streets where the right flat number, street name, name of the recipient and postcode (all 4) are needed for any delivery.

Only if we could do all these online...

pisces_kid · Post by **pisces_kid** » Fri Apr 19, 2013 12:00 am

[quote="prettyzkj"]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.[/quote

just another excuse to delay as they are upto their neck with applications..they could have dealt with your application in the time they took to email your MP
one of my friends had visa till 2015 ( he was short of one month to apply for ILR, so got tier 2 extension). he applied within 2 months of his extension and as he qualified on 5yr route aswell, went straight to peo and got his ILR same day.
they did not say anything about his visa upto 2015!!!!!!

zeni_iqb · Post by **zeni_iqb** » Fri Apr 19, 2013 1:46 am

hi
i am also august applicant but have not recv any reply yet

i called ukba last month and they said keep waiting until they get back to me..
but congrulation to all those got their pp back.

digitalrev · Post by **digitalrev** » Fri Apr 19, 2013 5:33 am

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.

I shocked ans speechless. This is wrong. what are you planning to do now ?

jaberdene · Post by **jaberdene** » Fri Apr 19, 2013 8:49 am

prettyzkj 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.

WAIT

what visa did you apply for on 22 Aug 12 ? is it ILR based on long residence or based on spouse?
jab

kjess · Post by **kjess** » Fri Apr 19, 2013 9:48 am

essentialSalt wrote:
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.
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.

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......)

longwait2013 · Post by **longwait2013** » Fri Apr 19, 2013 9:57 am

Yes my application was straight forward. I'm not sure if the lawyer's fax made a difference, but strongly believe it will put the pressure on UKBA if all applicants waiting over 6 months complain. Good luck and hope you get yours soon.

[quote="Izno"]Congrats dear ! do you think the solicitor reminder made a difference..i applied on the 09 August no response from UKBA. Was your case straight forward ?

many thanks

[quote="longwait2013"]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.[/quote][/quote]

adkh2_1 · Post by **adkh2_1** » Fri Apr 19, 2013 10:01 am

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....

Post by **Damanisshallo** » Fri Apr 19, 2013 10:15 am

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/

I wonder if this is possible for 10 Yr LR Route?

AMH · Post by **AMH** » Fri Apr 19, 2013 10:19 am

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....

DRcfox · Post by **DRcfox** » Fri Apr 19, 2013 11:08 am

I also called and spoke to a man named Ono and he said they would be able to help 5 yr long stay applicant who are on tier 1 or 2 points based. It costs £1200 but they can get you a new form and appointment and you can have the passport and documents within a week! He seemed really lovely so it's worth a try for those that can afford it and have the right requirements. Sadly this is not a possibility for me but thought I would share!

PS tier 4 10 yr long stay applicants cannot apply for this service!

adkh2_1 · Post by **adkh2_1** » Fri Apr 19, 2013 11:17 am

oh well, at least we gave it a go....

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....

k_alibaba · Post by **k_alibaba** » Fri Apr 19, 2013 11:20 am

Alhamdolillah. With the kindness and blessing of Lord Almighty my ILR approved. Just received my documents with approval letter.
My prayers are with the ppls who're still waiting.
I would also like to say A Big thanks to all the members of this forum who always willing to help each others like a true friends and May Lord Almighty bless you all.
Just for info:
I applied on 3 sept, 2012 on set(o) 10 years.
Regards.

zamiramin · Post by **zamiramin** » Fri Apr 19, 2013 11:31 am

Hi All

I had a death in my family yesterday and I need to write to the UKBA to expedite my application. I have emailed the head of the UKBA as well as the Home Secretary

I applied on 15 September 2012 and provided biometrics on 29 November 2012 . I have now been in the queue for over 7 months. My MP has told me on Monday that my application has not been touched yet.

Does anyone know a number I can Fax to ask for my application to be expedited.

Thanks

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