10 years long residence applications

rudy007 · Post by **rudy007** » Thu Jan 09, 2014 8:59 pm

hello guys
good question ive been given 60 days letter on the 54th day i actually complete my 10yrs. so do i hav to send a new CAS inbetween or i cn apply for ilr straight ? any experts plz reply
thanks

SSWSZ · Post by **SSWSZ** » Thu Jan 09, 2014 9:15 pm

Senior members plz explain if this letter says that I have to apply for flr(m) or not .? Plz it's urgent

SSWSZ wrote:HI.i don't know where to put this information as it is related to 10 years long residence and their pbs dependent so I am pasting homeoffice reply here so it will be help ful for some one...

my mail to home office
Dear Home Office,

Could you please help and advice me,

my spouse (the Main applicant) got ILR on the basis of ten years long residency and I had a Tier 1 dependent (PSW) status up till end of FEB, 2014 .I got tier 1 migrant dependent visa(as written on approval letter) on 27 feb 2012.Now

My questions are,

1- Do I need to show (18,600) income threshold for FLR (M) visa as I came very first time as student dependent in UK in SEP 2006 and then convert to tier 1 dependent on 27 feb 2012 ?

2- After switching to FLR (M), can I apply for ILR immediately as I already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.

their reply

Thank you for your email, I apologise for the delay in responding.

1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).

2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:

http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.

4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).

I trust this clarifies the situation.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

this is the email id for home office

FamilyOpsPolicy@homeoffice.gsi.gov.uk

aksi · Post by **aksi** » Thu Jan 09, 2014 9:55 pm

1. Yes you have to apply for FLR(M) ASAP
2. You do not need to show (18,600) income threshold
3. Once FLR(M) is approved you can immediately go for ILR on SET(M) or Try PEO with direct SET(M).

SSWSZ wrote:Senior members plz explain if this letter says that I have to apply for flr(m) or not .? Plz it's urgent

SSWSZ wrote:HI.i don't know where to put this information as it is related to 10 years long residence and their pbs dependent so I am pasting homeoffice reply here so it will be help ful for some one...

my mail to home office
Dear Home Office,

Could you please help and advice me,

my spouse (the Main applicant) got ILR on the basis of ten years long residency and I had a Tier 1 dependent (PSW) status up till end of FEB, 2014 .I got tier 1 migrant dependent visa(as written on approval letter) on 27 feb 2012.Now

My questions are,

1- Do I need to show (18,600) income threshold for FLR (M) visa as I came very first time as student dependent in UK in SEP 2006 and then convert to tier 1 dependent on 27 feb 2012 ?

2- After switching to FLR (M), can I apply for ILR immediately as I already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.

their reply

Thank you for your email, I apologise for the delay in responding.

1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).

2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:

http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.

4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).

I trust this clarifies the situation.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

this is the email id for home office

FamilyOpsPolicy@homeoffice.gsi.gov.uk

owenhehe · Post by **owenhehe** » Thu Jan 09, 2014 10:55 pm

Hi all,

I got a lot help last year when applying Tier 2 working visa, I want to help everyone else. Here is my application detail on SET(ILR):

application sent: 26/11/2013
acknowledge letter received: 02/12/2013
Biometric letter received: 03/01/2014
Biometric done: 03/01/2014
Decision letter: awaiting
Biometric card: awaiting
Passport: awaiting

raihankhandaker · Post by **raihankhandaker** » Fri Jan 10, 2014 12:09 am

Hi, I am going to apply for ILR next months inshallah. i am bit confused about my extention on 2010. does it make any gap on my lawful residence or not. Please need some professional advice.

1. Visa Expire: 30th January 2010 (Applied For Visa 12 Days before).

2. 23rd January 2010: Home Office attempted to take fees from my current account but failed. according to SAR.

3. 5th May 2010: Home Office return application to me (1st Time). All document returned with the 18th January application with Home Office letter. The letter stated to reapply with a fresh application because they couldn’t process/take application fees on 23rd January 2010.

4. 12th May 2010: Home Office Received a fresh application and fees with January offer letter from university. This time Home Office received my application fees as a Bank Draft.

5. 4th June 2010: All the documents returned with 12th May application (2nd Time) with Home Office Letter and Reference Number. The letter state that they have successfully received my application fees and has given a reference number which should be fill in next fresh application form.

Now they need a CAS letter from university with a fresh application. Because this time when I applied 12th May 2010 the Home Office rule has been changed from University Offer letter to CAS Letter. They asked for a fresh application this time with university CAS letter.

The visa and application was not refused or reject this time because the reference number proves that my application is classed as a being processed by Home Office. The letter was mainly for requesting documents for my application and confirmation of payment received by Home Office.

6. 22nd June 2010: Application (3rd Time) received By Home Office with previous reference number but can be considered as a second time because file has been opened and under process with Home office from 12th May 2010. There is reference number to prove the above statement.

7. 9th July 2010: Visa Issue date

Does this situation caount as a gar or not.

Many Thanks.

rehan78 · Post by **rehan78** » Fri Jan 10, 2014 5:07 am

please add me on skydrive
application sent : 10 sept 2013
Ack letter : 16 sept 2013
Bio invitation : 08 oct 2013
biometric done : 12 oct 2013
decision : waiting

Still i am not on skydrive, kindly add my details

Balaya · Post by **Balaya** » Fri Jan 10, 2014 6:20 am

Hi is anyone know when HO gonna start September applicant I ve been waiting since 16 sep and gave my bio on the 8 th of october

ppycrmt · Post by **ppycrmt** » Fri Jan 10, 2014 3:00 pm

Application is going to take 6 months and since you have only applied on the 16th September, I suggest you should sit and wait.

Some on here are waiting for much longer than you have.

Balaya wrote:Hi is anyone know when HO gonna start September applicant I ve been waiting since 16 sep and gave my bio on the 8 th of october

noluck · Post by **noluck** » Fri Jan 10, 2014 3:52 pm

I got married to EEA national and stay married for 1.5 years. I have been told I might need to proof that my ex-wife was actually exercising treaty right for ILR Long Residence while we were married,however as i am not able to contact to her I am not able to proof that. But at that time she was In UK and I am sure Home Office has those records like her entry and exit to/from UK. Has anyone anything to say or experienced about such matter. Thanks guys.

esmsi · Post by **esmsi** » Fri Jan 10, 2014 7:57 pm

My assumption not yet. I applied six

Balaya wrote:Hi is anyone know when HO gonna start September applicant I ve been waiting since 16 sep and gave my bio on the 8 th of october

tweetiebird · Post by **tweetiebird** » Fri Jan 10, 2014 10:10 pm

I am finding this board really useful in this long demoralising wait for the ILR. Thanks to all the mods and contributors I now have an idea of when I might get my passport back. This shame of a service we receive from the Home Office is really a joke. Kindly add my details to the skydrive:

Application sent: 3rd October 2013
Acknowledgement Letter: 7th October 2013
Biometics Letter: 22nd October 2013
Biometrics done: 25th October 2013
Approval Letter, Passports and BRP: Waiting

maylia88 · Post by **maylia88** » Sat Jan 11, 2014 2:08 am

Hi

Please give advices on my case if you can..

I entered the UK on the 24th June 2004. I have been on student visa until 2012. And since December 2012 I was on dependant visa till now.

Firstly I have 553 days out of country over the past 10 years, i could wait till 2015 to loose some of them.

However in 2012 I was on my tier 4 visa (i was doing my PhD). I suspended the course for 6 months in Feb 2012 (because I was really stressed and wanted a break). I didn't know that I had to try to leave the country as soon as possible (within 60 days) so I did not leave the UK until 4/7/2012. However my visa was not curtailed because I did nit withdraw the course yet. I officially withdrew the course in Oct 2012 when I was already in my country. Then I switched to dependant visa and came to the UK again till now.

My question is did I break the law because I stayed in the UK and did not leave within 60 days even I still got the tier 4 visa that time?

Many thanks.. i'm so nervous and dont want to loose a chance!

amit1009 · Post by **amit1009** » Sat Jan 11, 2014 12:07 pm

Balaya wrote:Hi is anyone know when HO gonna start September applicant I ve been waiting since 16 sep and gave my bio on the 8 th of october

It looks like some days have been lost due to the holidays. Hence all decisions are being delayed until HO are able to catch up, if ever......lol.

Looking at sky drive I can see that those who applied in early August, got their docs back by early December, in some cases even less. Using that as a rough guide, early September applicants should have started getting replies by now. But alas........lol

Seems 10 yr applicants are least priority applicants for the HO unfortuntely

amit1009 · Post by **amit1009** » Sat Jan 11, 2014 12:22 pm

Anyone got their passports back yesterday or today?

maylia88 · Post by **maylia88** » Sat Jan 11, 2014 12:31 pm

Hi

Please give advices on my case if you can..

I entered the UK on the 24th June 2004. I have been on student visa until 2012. And since December 2012 I was on dependant visa till now.

Firstly I have 553 days out of country over the past 10 years, i could wait till 2015 to loose some of them.

However in 2012 I was on my tier 4 visa (i was doing my PhD). I suspended the course for 6 months in Feb 2012 (because I was really stressed and wanted a break). I didn't know that I had to try to leave the country as soon as possible (within 60 days) so I did not leave the UK until 4/7/2012. However my visa was not curtailed because I did nit withdraw the course yet. I officially withdrew the course in Oct 2012 when I was already in my country. Then I switched to dependant visa and came to the UK again till now.

My question is did I break the law because I stayed in the UK and did not leave within 60 days even I still got the tier 4 visa that time?

Many thanks.. i'm so nervous and dont want to loose a chance!

Anyone helps please? Many thanks..

Hardikjshah83 · Post by **Hardikjshah83** » Sat Jan 11, 2014 2:59 pm

maylia88 wrote:Hi

Please give advices on my case if you can..

I entered the UK on the 24th June 2004. I have been on student visa until 2012. And since December 2012 I was on dependant visa till now.

Firstly I have 553 days out of country over the past 10 years, i could wait till 2015 to loose some of them.

However in 2012 I was on my tier 4 visa (i was doing my PhD). I suspended the course for 6 months in Feb 2012 (because I was really stressed and wanted a break). I didn't know that I had to try to leave the country as soon as possible (within 60 days) so I did not leave the UK until 4/7/2012. However my visa was not curtailed because I did nit withdraw the course yet. I officially withdrew the course in Oct 2012 when I was already in my country. Then I switched to dependant visa and came to the UK again till now.

My question is did I break the law because I stayed in the UK and did not leave within 60 days even I still got the tier 4 visa that time?

Many thanks.. i'm so nervous and dont want to loose a chance!

Anyone helps please? Many thanks..

Plz don't repost again. Wait for a bit as this seems a complicated case one of the mod will surely answer later.

Thx

fiazpk · Post by **fiazpk** » Sat Jan 11, 2014 9:46 pm

NEED ADVICE:

It is soon going to be 10 years since I have lived in the United Kingdom, and I wish to find out if I am eligible for Indefinite Leave to Remain,

All my visa extensions have been well in advance of their expiry except one,

where my first student visa expired on 13/07/2005 and I posted my student visa application two days later on 15/07/2005 as especial next day delivery and confirmation of receipt of my application was issued on 28/07/2005 and student visa was issued on 16/08/2005,

It seems there is 14 days gap including weekends between my visa expiry and receipt of visa application was issued at stated on home office letter head,

And application was post after 2 days after visa expired the reason for this was that my college released my documents late on 15/05/2005, dates also stated on my college documents,

In my 10 years stay in UK, I have only once been out of UK for one month exactly,

I would be very grateful, if you could access my situation and confirm if I am eligible for ILR application,
Regards,
Riaz

members · Post by **members** » Sat Jan 11, 2014 10:12 pm

fiazpk wrote:NEED ADVICE:

It is soon going to be 10 years since I have lived in the United Kingdom, and I wish to find out if I am eligible for Indefinite Leave to Remain,

All my visa extensions have been well in advance of their expiry except one,

where my first student visa expired on 13/07/2005 and I posted my student visa application two days later on 15/07/2005 as especial next day delivery and confirmation of receipt of my application was issued on 28/07/2005 and student visa was issued on 16/08/2005,

It seems there is 14 days gap including weekends between my visa expiry and receipt of visa application was issued at stated on home office letter head,

And application was post after 2 days after visa expired the reason for this was that my college released my documents late on 15/05/2005, dates also stated on my college documents,

In my 10 years stay in UK, I have only once been out of UK for one month exactly,

I would be very grateful, if you could access my situation and confirm if I am eligible for ILR application,
Regards,
Riaz

Dear Riaz,

You should be fine as the rules allow overstaying for a period of 28 days or less. see the following document, page 17-18, 'Gaps in Lawful Residence':

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Your 'date of application' is the date you posted the application, which is 15/07/2005; it does not matter when UKBA received your application. Your application, therefore, was delayed by 2 days only. So you should be fine!

s4sam · Post by **s4sam** » Sun Jan 12, 2014 12:55 am

Hi,

Does 10 years long residence still exists!? how come people are meeting the requirements, if a student is not allowed to stay more than 3/5 years in this country now? Has the number of applicants dropped in this category, since other strict changes have been enforced? any info? look like people who entered 2005 and onwards will suffer and will have to leave the country....

thanks

Sam

raholptl · Post by **raholptl** » Sun Jan 12, 2014 3:07 pm

Has anyone recently received their ILR?

naumanch · Post by **naumanch** » Sun Jan 12, 2014 4:19 pm

hi all,

as i got ILR on 10 years base.and i have couple of questions.
1. my wife and my daughter(Born outside uk) are in uk and my dependent since 2007 and my visa was tier 1 general in 2007 now ILR.
2. i have son born here in 2013 while my status was tier 1 general.

now i got ilr and i need to apply for them as i understand from this forum if i go to the PEO appointment i can get ILR if apply through set M rather then swithcing to flr M. if so what is percentage of getting it and if so why not in post i can get ilr.

second my son will apply using MN1 as now a days long process for that can i apply for him set M and get ilr as well or i can only apply MN1.

thankx for help in advance.

vivek009 · Post by **vivek009** » Sun Jan 12, 2014 9:20 pm

Please update my details on sky drive Acknowledge letter : 15-Nov-2013, Biometric Invitation : 03-Jan-2014 and Done on 06-jan-2014. Thanks

niazacca · Post by **niazacca** » Sun Jan 12, 2014 9:37 pm

Dear experts

Quick question my sister already completed 10 years back in jan 2012 but she was out of country till dec 2013 almost two years, my question is can she apply for ilr based on long term residence (as she completed lawful 10 years residence in jan 2012) she is on spouse visa now.

Thank you so much for your help on this.

Thanks
Niaz

tanzeelkhan19 · Post by **tanzeelkhan19** » Sun Jan 12, 2014 10:30 pm

niazacca wrote:Dear experts

Quick question my sister already completed 10 years back in jan 2012 but she was out of country till dec 2013 almost two years, my question is can she apply for ilr based on long term residence (as she completed lawful 10 years residence in jan 2012) she is on spouse visa now.

Thank you so much for your help on this.

Thanks
Niaz

I think in order to apply for long term residency, it has to be continues 10 yrs with breaking any rules( i.e not leaving the country for more than what is required by UKBA). Its just an assumption not a legal reply.

dinka · Post by **dinka** » Mon Jan 13, 2014 3:40 am

Hello everyone. Thanks for the good work on this forum.im a new member. Please update my details on sky drive. Thanks: application sent SET(LR): 10th sept.2013
Acknowlegement letter: 17th september 2013
Biometrics done: 18th october 2013
I'm still waiting for outcome.
Thanks.
Dinka

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