10 years long residence applications

Thanks! will try this on Monday )

ello All,


I have 2 questions and hope someone can give me some informative answers.

An American Citizen applicant applied for his ILR through the 10 yrs residence category. His most recent visa was as dependent of his wife’s PBS Tier 1 Post Study. His wife’s visa expired on 21 Jan 2013. He submitted his application on 12 Oct 2012, money taken 19 Oct 2012, biometrics done on 27 Dec 2012. He is still waiting for the outcome of the application.

Wife left the UK on 19 Jan 2013 and re-enter on 23 Jan 2013 as a general visitor. However, she was refused entry because ‘she failed to satisfy the officer that she is going to leave in 10 days’. A formal complaint has been submitted by the wife.

Husband and wife have maintained lawful and legal rights to remain in the UK and have never overstayed or be in breach of any immigration rules of the UK and other countries. They meet all the new requirements imposed on applicants after 9 July 2012.

Q 1. Can the Australian Citizen wife of the ILR American applicant of 10 yrs long residence apply outside the UK in Australia whilst his application is pending?

The Australian Citizen wife made a complaint about an UKBA border officer unfair judgement of a recent decision at a UK airport the refusal to ‘leave to enter’ the UK for 10 days as a general visitor; she provided all the required documents and supporting evidence and meet all the requirements set out on the UKBA website specifically PAR Immigration Rules Part 2 - PAR 41.

Q.2 Given the scenario above; the refusal of entry & the complaint the wife made. Will this have an implication on her application as the spouse of a settled person in the UK?

Thanks

P.S I revised the expiry date of the wife's visa it is 21 Jan 2013 which is the correct date.

I received my docs on Sat 9th Feb, after a painful 7 and a half month wait. The docs are dated 7th, so it only took 2 days to arrive. I am now waiting for BRP. I will update my timeline when I receive this.

I have to say this board really does serve its purpose. Thank you guys for posting your timelines coz this has kept me sane.

ALHUMDULILLAH, Allah has blessed us again:

Goods News for us after such a long wait & patience .....

But its bit strange too....

My wife's FLR(M) Application has been approved along with my children.

Strange in a FACT that I didn't receive my ILR approval yet...

In Sha Allah its on its way....Thanks to Almighty Allah.

Our Time Line was as following:
ILR(10LR) & FLR(M) + 2 Application Date: 04/7/2012(sent both at the same time)
Acknowledgement Letters: 11/7/2013 & 12/7/2013 respectively
ILR Biometrics: 28/8/2012 , Received & Provided: 31/8/2012
FLR(M) + 2 Biometric: 04/9/2012, Received & Provided: 07/9/2012
ILR Approval: 08/02/2012, Received:11/02/2013
ILR BIC: 14/02/2013
FLR(M)+2 Approved: 08/02/2103, PM tried to deliver:09/2/2013
FLR(M) Docs Collected from PO: 11/02/2013
FLR(M) BIC: 14/02/2013

Good luck to all of those who are waiting.

I got my ILR through 10 years rule in January, few days before my wife PBS dependent visa was due to expire. I applied for her settlement using SET(M) and from the discussion in the forum, I should have used FLR(M).

We have received acknowledgement letter for the application from the UKBA and money have been taken as well.

Please I need your advised on what I should do.

Many thanks,

Aniekan

Spidery_thread wrote:ALHUMDULILLAH, Allah has blessed us again:

Goods News for us after such a long wait & patience .....

But its bit strange too....

My wife's FLR(M) Application has been approved along with my children.

Strange in a FACT that I didn't receive my ILR approval yet...

In Sha Allah its on its way....Thanks to Almighty Allah.

Our Time Line was as following:
ILR(10LR) & FLR(M) + 2 Application Date: 04/7/2012(sent both at the same time)
Acknowledgement Letters: 11/7/2013 & 12/7/2013 respectively
ILR Biometrics: 28/8/2012 , Received & Provided: 31/8/2012
FLR(M) + 2 Biometric: 04/9/2012, Received & Provided: 07/9/2012
ILR Approval: Waiting
ILR BIC: Waiting
FLR(M)+2 Approved: 08/02/2103
FLR(M) Docs Collected from PO: 11/02/2013
FLR(M) BIC: Waiting

Good luck to all of those who are waiting.

Hi Spidery,
Your story is very strange indeed. However, I congratulate you for the good news. It is obvious that your 10 years ILR must have been already approved. These weirdos have outdone themselves again by sending dependents LTR before main applicant's.

Congratulations bro!!
I'm happy to read this good news and I'm pleased for you and your family

Spidery_thread wrote:ALHUMDULILLAH, Allah has blessed us again:

Goods News for us after such a long wait & patience .....

But its bit strange too....

My wife's FLR(M) Application has been approved along with my children.

Strange in a FACT that I didn't receive my ILR approval yet...

In Sha Allah its on its way....Thanks to Almighty Allah.

Our Time Line was as following:
ILR(10LR) & FLR(M) + 2 Application Date: 04/7/2012(sent both at the same time)
Acknowledgement Letters: 11/7/2013 & 12/7/2013 respectively
ILR Biometrics: 28/8/2012 , Received & Provided: 31/8/2012
FLR(M) + 2 Biometric: 04/9/2012, Received & Provided: 07/9/2012
ILR Approval: Waiting
ILR BIC: Waiting
FLR(M)+2 Approved: 08/02/2103
FLR(M) Docs Collected from PO: 11/02/2013
FLR(M) BIC: Waiting

Good luck to all of those who are waiting.

Ged wrote:

Spidery_thread wrote:ALHUMDULILLAH, Allah has blessed us again:

Goods News for us after such a long wait & patience .....

But its bit strange too....

My wife's FLR(M) Application has been approved along with my children.

Strange in a FACT that I didn't receive my ILR approval yet...

In Sha Allah its on its way....Thanks to Almighty Allah.

Our Time Line was as following:
ILR(10LR) & FLR(M) + 2 Application Date: 04/7/2012(sent both at the same time)
Acknowledgement Letters: 11/7/2013 & 12/7/2013 respectively
ILR Biometrics: 28/8/2012 , Received & Provided: 31/8/2012
FLR(M) + 2 Biometric: 04/9/2012, Received & Provided: 07/9/2012
ILR Approval: Waiting
ILR BIC: Waiting
FLR(M)+2 Approved: 08/02/2103
FLR(M) Docs Collected from PO: 11/02/2013
FLR(M) BIC: Waiting

Good luck to all of those who are waiting.

Hi Spidery,
Your story is very strange indeed. However, I congratulate you for the good news. It is obvious that your 10 years ILR must have been already approved. These weirdos have outdone themselves again by sending dependents LTR before main applicant's.

Congrats Spidery and I do agree with Ged... what kind of a weirdo freaks are they

aniekan12 wrote:I got my ILR through 10 years rule in January, few days before my wife PBS dependent visa was due to expire. I applied for her settlement using SET(M) and from the discussion in the forum, I should have used FLR(M).

We have received acknowledgement letter for the application from the UKBA and money have been taken as well.

Please I need your advised on what I should do.

Many thanks,

Aniekan

The only way I can think of is to vary your application. Seek for professional assistance though.

UKBA wrote:An applicant can vary an application at any time before a decision is made on it. They can do this if they want to be considered for a grant of leave on a different basis to their initial application.

If the applicant wishes to vary their leave for a purpose where a specified application form is required, they must complete the new form and meet all the requirements of paragraph 34A of the Immigration Rules, for the variation to be valid.

For more information on these requirements, see related link: Specified requirements.A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

This means that a valid variation will look like a new application. You must check CID to see if an earlier application exists. This will tell you whether the specified form is a variation of an existing application.

The application date remains the date of the original application and not the date of the variation. You will need to consider this when deciding if the applicant benefits from section 3C leave and determining the applicant’s appeal rights.

Alhumdulillah further Good news

Postman dropped recorded packet with my ILR approval letter today (sent by 2nd Class recorded delivery), HO kept my prepaid special delivery envelope with £10 stamps on it...

GED, AMH, SAANJU9...many thanks ....

aniekan12 wrote:I got my ILR through 10 years rule in January, few days before my wife PBS dependent visa was due to expire. I applied for her settlement using SET(M) and from the discussion in the forum, I should have used FLR(M).

We have received acknowledgement letter for the application from the UKBA and money have been taken as well.

Please I need your advised on what I should do.

Many thanks,

Aniekan

@Aniekan,

Send completed FLR(M) application form with a cover letter, do not include any payment.

Explain the mistake, and ask the difference of fee to be refunded.
i.e: from £991 to £867(£124)

Spidery_thread wrote:Alhumdulillah further Good news

Postman dropped recorded packet with my ILR approval letter today (sent by 2nd Class recorded delivery), HO kept my prepaid special delivery envelope with £10 stamps on it...

GED, AMH, SAANJU9...many thanks ....

Congrats

Finally you've got what you deserve. You've been very helpful to many in some of your posts. Wish you the best from here on.

Spidery_thread wrote:Alhumdulillah further Good news

Postman dropped recorded packet with my ILR approval letter today (sent by 2nd Class recorded delivery), HO kept my prepaid special delivery envelope with £10 stamps on it...

GED, AMH, SAANJU9...many thanks ....

congratulations spidery_thread, you have been a great contributor and hope you will continue your contribution,

Spidery_thread wrote:Alhumdulillah further Good news

Postman dropped recorded packet with my ILR approval letter today (sent by 2nd Class recorded delivery), HO kept my prepaid special delivery envelope with £10 stamps on it...

GED, AMH, SAANJU9...many thanks ....

--------------
congratulations and God bless you n your family .... we hope you will remain an active member of this forum

Spidery_thread wrote:

aniekan12 wrote:I got my ILR through 10 years rule in January, few days before my wife PBS dependent visa was due to expire. I applied for her settlement using SET(M) and from the discussion in the forum, I should have used FLR(M).

We have received acknowledgement letter for the application from the UKBA and money have been taken as well.

Please I need your advised on what I should do.

Many thanks,

Aniekan

@Aniekan,

Send completed FLR(M) application form with a cover letter, do not include any payment.

Explain the mistake, and ask the difference of fee to be refunded.
i.e: from £991 to £867(£124)

@ Spidery,

Many thanks for your advice. My wife have gotten the Life in UK Test, please does she need to take any English Test for the FLR(M) or will the life in UK Test cover for FLR(M). And if she requires the English test, how can I book for the test.

Again, many thanks,

Aniekan

Damanisshallo wrote:

aniekan12 wrote:I got my ILR through 10 years rule in January, few days before my wife PBS dependent visa was due to expire. I applied for her settlement using SET(M) and from the discussion in the forum, I should have used FLR(M).

We have received acknowledgement letter for the application from the UKBA and money have been taken as well.

Please I need your advised on what I should do.

Many thanks,

Aniekan

The only way I can think of is to vary your application. Seek for professional assistance though.

UKBA wrote:An applicant can vary an application at any time before a decision is made on it. They can do this if they want to be considered for a grant of leave on a different basis to their initial application.

If the applicant wishes to vary their leave for a purpose where a specified application form is required, they must complete the new form and meet all the requirements of paragraph 34A of the Immigration Rules, for the variation to be valid.

For more information on these requirements, see related link: Specified requirements.A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

This means that a valid variation will look like a new application. You must check CID to see if an earlier application exists. This will tell you whether the specified form is a variation of an existing application.

The application date remains the date of the original application and not the date of the variation. You will need to consider this when deciding if the applicant benefits from section 3C leave and determining the applicant’s appeal rights.

@ Damanisshallo
Many thanks for your advice. My wife have gotten the Life in UK Test certificate, please does she need to take any English Test for the FLR(M) or will the life in UK Test cover for FLR(M). And if she requires the English test, how can I book for the test.

Again, many thanks,

Aniekan

HI,
I just wonder if someone can help me,
I applied ILR in sept 2012 and i understood my UK born son can fill the MN1 form but our current leave is a DL and how come my wife and daughter will be settle here cos DL is outside immigration rules and its different from ppls on PBS or other Tiers...
our current 3 years DL is goin to finish in Dec 2013 and we can extend it for another 3 years and then IL for my wife n daughter but is there any way out that they can apply FLR-M cos they living in UK since May 2006.

Anyone??
there is twist in this tale if someone could help / guide me please??

Something I came across.

TNT is putting together case studies to take to the UKBA – if you’re one of the many with a horror story, we want to help. Get in touch.

Read more: Opinion: The UK Border Agency, a shambolic office which isn't fit for purpose

http://www.tntmagazine.com/news/opinion ... or-purpose

aniekan12 wrote:

Spidery_thread wrote:

aniekan12 wrote:I got my ILR through 10 years rule in January, few days before my wife PBS dependent visa was due to expire. I applied for her settlement using SET(M) and from the discussion in the forum, I should have used FLR(M).

We have received acknowledgement letter for the application from the UKBA and money have been taken as well.

Please I need your advised on what I should do.

Many thanks,

Aniekan

@Aniekan,


Send completed FLR(M) application form with a cover letter, do not include any payment.

Explain the mistake, and ask the difference of fee to be refunded.
i.e: from £991 to £867(£124)

@ Spidery,

Many thanks for your advice. My wife have gotten the Life in UK Test, please does she need to take any English Test for the FLR(M) or will the life in UK Test cover for FLR(M). And if she requires the English test, how can I book for the test.

Again, many thanks,

Aniekan

For FLR(M) applications LITUK test is not enough. A qualification thought in English or A1 equvalent qualification is required. LIUK test however, is enough for ILR but for some reason not for FLR(M).
I hope it helps.

Ged wrote:

aniekan12 wrote:

Spidery_thread wrote:

aniekan12 wrote:I got my ILR through 10 years rule in January, few days before my wife PBS dependent visa was due to expire. I applied for her settlement using SET(M) and from the discussion in the forum, I should have used FLR(M).

We have received acknowledgement letter for the application from the UKBA and money have been taken as well.

Please I need your advised on what I should do.

Many thanks,

Aniekan

@Aniekan,


Send completed FLR(M) application form with a cover letter, do not include any payment.

Explain the mistake, and ask the difference of fee to be refunded.
i.e: from £991 to £867(£124)

@ Spidery,

Many thanks for your advice. My wife have gotten the Life in UK Test, please does she need to take any English Test for the FLR(M) or will the life in UK Test cover for FLR(M). And if she requires the English test, how can I book for the test.

Again, many thanks,

Aniekan

For FLR(M) applications LITUK test is not enough. A qualification thought in English or A1 equvalent qualification is required. LIUK test however, is enough for ILR but for some reason not for FLR(M).
I hope it helps.

@ Aniekan

If your wife is eligible for a ILR (i.e., if she finished her probationary period of 2 yrs as PBS dependent), I would suggest you to

Fill up an FLR(M) application and write a cover letter explaining that you have sent SET(M) instead of FLR(M). Also, tell them that your wife has finished her probationary period as PBS dependent and she needs only FLR (M) to be granted before she can apply for SET(M) and so if they give the FLR(M) ask them to consider for SET(M) simultaneously. Also point out the paragraph 287. Explain them that your willing to pay for both the fees (i.e., FLR(M) plus SET(M)).

If your lucky (I sincerely mean if your lucky) they will grant you both FLR(M) and SET(M) simultaneously. Although this might take few more days as they might be moving application from 1 department to the other (shefield office to liverpool)


And also write to them

If they cannot do both of them in such away request them to accept your apologies and process FLR(M) instead of SET(M).


There is no reason why they shouldn't do both of them because all your documents are there. - however, bear in mind this can be time consuming and need a lot luck.

and yeah your wife needs an English language test for FLR(M) and that is a piece of cake. Take it from Trinity College. and also read the requirements for English language test. if she have a degree taught in English from this country she doesn't need to write the English language test (something in those lines). So have a look or let us know more information about her if you need more help

Thanks

Saanju

Couldnt come here for some time pls update my details

bio invitation received 09.01.2013
bio done on 10.01.2013

could some one pls tell me third party support from home country is allowed for flrm application?as we are not earning enough to meet the rules(old rules) for maitenance n accomodation. Thanks

They can even write a whole new series of books with the title "UKBA shambles gives misery to hard working immigrants"

lambu1 wrote:Something I came across.

TNT is putting together case studies to take to the UKBA – if you’re one of the many with a horror story, we want to help. Get in touch.

Read more: Opinion: The UK Border Agency, a shambolic office which isn't fit for purpose

http://www.tntmagazine.com/news/opinion ... or-purpose

saanju9 wrote:

Ged wrote:

aniekan12 wrote:

Spidery_thread wrote:
@Aniekan,


Send completed FLR(M) application form with a cover letter, do not include any payment.

Explain the mistake, and ask the difference of fee to be refunded.
i.e: from £991 to £867(£124)

@ Spidery,

Many thanks for your advice. My wife have gotten the Life in UK Test, please does she need to take any English Test for the FLR(M) or will the life in UK Test cover for FLR(M). And if she requires the English test, how can I book for the test.

Again, many thanks,

Aniekan

For FLR(M) applications LITUK test is not enough. A qualification thought in English or A1 equvalent qualification is required. LIUK test however, is enough for ILR but for some reason not for FLR(M).
I hope it helps.

@ Aniekan

If your wife is eligible for a ILR (i.e., if she finished her probationary period of 2 yrs as PBS dependent), I would suggest you to

Fill up an FLR(M) application and write a cover letter explaining that you have sent SET(M) instead of FLR(M). Also, tell them that your wife has finished her probationary period as PBS dependent and she needs only FLR (M) to be granted before she can apply for SET(M) and so if they give the FLR(M) ask them to consider for SET(M) simultaneously. Also point out the paragraph 287. Explain them that your willing to pay for both the fees (i.e., FLR(M) plus SET(M)).

If your lucky (I sincerely mean if your lucky) they will grant you both FLR(M) and SET(M) simultaneously. Although this might take few more days as they might be moving application from 1 department to the other (shefield office to liverpool)


And also write to them

If they cannot do both of them in such away request them to accept your apologies and process FLR(M) instead of SET(M).


There is no reason why they shouldn't do both of them because all your documents are there. - however, bear in mind this can be time consuming and need a lot luck.

and yeah your wife needs an English language test for FLR(M) and that is a piece of cake. Take it from Trinity College. and also read the requirements for English language test. if she have a degree taught in English from this country she doesn't need to write the English language test (something in those lines). So have a look or let us know more information about her if you need more help

Thanks

Saanju

Many thanks Saanju. I have booked for the English Exams with Trinity college

Friends, ??????
any suggestions ????
------------------------------

k_alibaba wrote:HI,
I just wonder if someone can help me,
I applied ILR in sept 2012 and i understood my UK born son can fill the MN1 form but our current leave is a DL and how come my wife and daughter will be settle here cos DL is outside immigration rules and its different from ppls on PBS or other Tiers...
our current 3 years DL is goin to finish in Dec 2013 and we can extend it for another 3 years and then IL for my wife n daughter but is there any way out that they can apply FLR-M cos they living in UK since May 2006.

Anyone??
there is twist in this tale if someone could help / guide me please??

is there any financial requirement or maintenance is required for flr-m??

-----------

aniekan12 wrote:

saanju9 wrote:

Ged wrote:

aniekan12 wrote:
@ Spidery,

Many thanks for your advice. My wife have gotten the Life in UK Test, please does she need to take any English Test for the FLR(M) or will the life in UK Test cover for FLR(M). And if she requires the English test, how can I book for the test.

Again, many thanks,

Aniekan

For FLR(M) applications LITUK test is not enough. A qualification thought in English or A1 equvalent qualification is required. LIUK test however, is enough for ILR but for some reason not for FLR(M).
I hope it helps.

@ Aniekan

If your wife is eligible for a ILR (i.e., if she finished her probationary period of 2 yrs as PBS dependent), I would suggest you to

Fill up an FLR(M) application and write a cover letter explaining that you have sent SET(M) instead of FLR(M). Also, tell them that your wife has finished her probationary period as PBS dependent and she needs only FLR (M) to be granted before she can apply for SET(M) and so if they give the FLR(M) ask them to consider for SET(M) simultaneously. Also point out the paragraph 287. Explain them that your willing to pay for both the fees (i.e., FLR(M) plus SET(M)).

If your lucky (I sincerely mean if your lucky) they will grant you both FLR(M) and SET(M) simultaneously. Although this might take few more days as they might be moving application from 1 department to the other (shefield office to liverpool)


And also write to them

If they cannot do both of them in such away request them to accept your apologies and process FLR(M) instead of SET(M).


There is no reason why they shouldn't do both of them because all your documents are there. - however, bear in mind this can be time consuming and need a lot luck.

and yeah your wife needs an English language test for FLR(M) and that is a piece of cake. Take it from Trinity College. and also read the requirements for English language test. if she have a degree taught in English from this country she doesn't need to write the English language test (something in those lines). So have a look or let us know more information about her if you need more help

Thanks

Saanju

Many thanks Saanju. I have booked for the English Exams with Trinity college