10 years long residence applications

smshad wrote:Hi,

This is not a new rule, it is already in place. I read it last year and posted on forum as well.

In fact I contacted UKBA for my wife's status and checked with them and they said that becasue PSW/FRESH TALENT/SEGS etc and students are not settlement route so time spent as main applicant or dependant of these categories does not count towards settlement.

My interpretation was that they can switch but can not amalgamate their stay.

http://www.immigrationboards.com/viewto ... ht=#746749

But I am glad that my wife spent 1 year as Fresh Talent dependant and three as Tier -1 General dependant so she has completed required 2 years.
Take care,
Shad.

Damanisshallo wrote:Is this a real worry for PSW & Student dependants.

Statement of change @ Page 12 wrote:To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.

I wish all such 10yr LR applicants get their decisions before 6th April.

. I was wondering whether new rule will be applicable to those who will get spouse visa before 6 April then apply for ilr with the combination of both leave . My understanding is that this should not be subject to new rules as spouse got visa under old rules . Any thought about this? Thanks

What this rule is about? My wife is student dependent and now as I have ILR, does that mean she cannot apply Set(m) by combining her time period spent here on Student Dependent?

Damanisshallo wrote:Is this a real worry for PSW & Student dependants.

Statement of change @ Page 12 wrote:To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.

I wish all such 10yr LR applicants get their decisions before 6th April.

nats wrote:What this rule is about? My wife is student dependent and now as I have ILR, does that mean she cannot apply Set(m) by combining her time period spent here on Student Dependent?

Damanisshallo wrote:Is this a real worry for PSW & Student dependants.

Statement of change @ Page 12 wrote:To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.

I wish all such 10yr LR applicants get their decisions before 6th April.

. As long as you apply before 6 APRIL you will be safe but after 6 April I m not quite sure yet as they said new rule will come into effect on 6 April

May be this might be helpful for others whose spouse is on student dependent. And they gonna apply their FLRm .
I called HO enquiry beauro and asked couple of questions. Below is the conversation:

Question 1- I got ILR, my wife was on PBS dependent, so what she should apply now?
Answer- She should apply FLR(m) now.

Q2- Can she apply Set(m) as she already spent more than 2.5 years with me on PBS dependent.
Ans- No, she was PBS dependent not the ILR dependent. So she 1st need to apply FLR(m) 1st.

Q3- Is she under old rules (before 9th July 2012) or new rules.
Ans- She comes under new rules. [so i assume we have to wait for 5 years b4 we can apply Set(m) ]

Q4- But she entered UK b4 9th July 2012 back in 2010.
Answer- But she entered as PBS dependent not on settlement dependent visa.

Q5- Her visa will expire in 2014. Now as I m on ILR is her old PBS dependent visa still valid.
Answer: Yes, its valid and she can apply anytime b4 her current visa expires.

Q6- Can I apply in person by PEO.
Ans- Its not a straight forward case so better to apply by post. [My wife ILR dependent application got refused as Lawyer included her as dependent on same Formm Set(O) ]. So she said its not straight forward case now so I will suggest not to go for window appointment.

I wonder if I call again, someone might tell a different story? that my wife comes under old rules and also she can apply Set(m) directly? I really want to hear that.

the frequency of rules changes will make us crazy.. they are making it really difficult now..

dipmm2000d wrote:

nats wrote:What this rule is about? My wife is student dependent and now as I have ILR, does that mean she cannot apply Set(m) by combining her time period spent here on Student Dependent?

Damanisshallo wrote:Is this a real worry for PSW & Student dependants.

Statement of change @ Page 12 wrote:To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.

I wish all such 10yr LR applicants get their decisions before 6th April.

. As long as you apply before 6 APRIL you will be safe but after 6 April I m not quite sure yet as they said new rule will come into effect on 6 April

inception wrote:congrats lambu1

any update from
inzi2k
azad
S17
jit
TheCreativeDragon
okello
Hapi2
mrgsing
settlementnow
hyper-PK
............??

No still waiting. I have applied through solicitor and my solicitor has sent two letters to homeoffice for update. But no chance yet.

I contacted my MP and sent all relevant docs. Lets see if this make any difference.

nats wrote:May be this might be helpful for others whose spouse is on student dependent. And they gonna apply their FLRm .
I called HO enquiry beauro and asked couple of questions. Below is the conversation:

Question 1- I got ILR, my wife was on PBS dependent, so what she should apply now?
Answer- She should apply FLR(m) now.

Q2- Can she apply Set(m) as she already spent more than 2.5 years with me on PBS dependent.
Ans- No, she was PBS dependent not the ILR dependent. So she 1st need to apply FLR(m) 1st.

Q3- Is she under old rules (before 9th July 2012) or new rules.
Ans- She comes under new rules. [so i assume we have to wait for 5 years b4 we can apply Set(m) ]

Q4- But she entered UK b4 9th July 2012 back in 2010.
Answer- But she entered as PBS dependent not on settlement dependent visa.

Q5- Her visa will expire in 2014. Now as I m on ILR is her old PBS dependent visa still valid.
Answer: Yes, its valid and she can apply anytime 4 her current visa expires.

Q6- Can I apply in person by PEO.
Ans- Its not a straight forward case so better to apply by post. [My wife ILR dependent application got refused as Lawyer included her as dependent on same Formm Set(O) ]. So she said its not straight forward case now so I will suggest not to go for window appointment.

I wonder if I call again, someone might tell a different story? t hat my wife comes under old rules and also she can apply Set(m) directly? I really want to hear that.

. They gave wrong info if spouse enter before 9 July and leave is continuing as dependant then it comes under old rules . The relevant para is A280c of the transitional arrangement.you can see IdI also for that. When rules are there so why bother to ask them? Now HO realise that so changing the rules which will not allow PBS (student)dependant to switch under part 8 and will not allow to use the loophole we have now.thanks.

I have gone to this link. What I understand is its for those who entered on any leave b4 9 July 2012, they come under old rules? Below statement does not show that if you came on FLR(m) b4 9 july 2012. Its not clear.

If you applied to come to the UK or for permission to stay here on or before 8 July 2012 and that permission was granted, you will need to be in the UK for 2 years before you can apply for settlement.

Spidery_thread wrote:I am not trying to discourage any one here but the fact is new rules and new maintenance requirement for any one who has applied on or after 9 July 2012.(As per my previous post).

This is what the rules says, not a suggestion or a post. Please read the page below:

http://www.ukba.homeoffice.gov.uk/sitec ... 65-fam-set

Good Luck to All

I wish the same that she is wrong. Can you provide the link of this Para A280c? Also could not understand this
"""HO realise that so changing the rules which will not allow PBS (student)dependant to switch under part 8 and will not allow to use the loophole we have now"""

what is part 8?

dipmm2000d wrote:They gave wrong info if spouse enter before 9 July and leave is continuing as dependant then it comes under old rules . The relevant para is A280c of the transitional arrangement.you can see IdI also for that. When rules are there so why bother to ask them? Now HO realise that so changing the rules which will not allow PBS (student)dependant to switch under part 8 and will not allow to use the loophole we have now.thanks.

nats wrote:I wish the same that she is wrong. Can you provide the link of this Para A280c? Also could not understand this
"""HO realise that so changing the rules which will not allow PBS (student)dependant to switch under part 8 and will not allow to use the loophole we have now"""

what is part 8?

dipmm2000d wrote:They gave wrong info if spouse enter before 9 July and leave is continuing as dependant then it comes under old rules . The relevant para is A280c of the transitional arrangement.you can see IdI also for that. When rules are there so why bother to ask them? Now HO realise that so changing the rules which will not allow PBS (student)dependant to switch under part 8 and will not allow to use the loophole we have now.thanks.

[/http://www.ukba.homeoffice.gov.uk/polic ... -8-app-fm/ Before 9 July 2012 The rules that governs All family members are under part 8 and after 9 July they are under Appedix FM which is new rule. So people who are under old rules their extension comes under part 8. Now as HO is implementing new rules that PBS dependant (student, tier 5 etc)who are not on settlement route cannot switch under part 8 and combine time spent on both routes towards settlement which is 2 years .Basically from 6 April none of spouse of student can get extention under old rules, they will come under new rules. If you check IDI on HO website, it clearly says that if main applicant get ilr under the long residency then their spouse can come under transitional arrangement which is A280C I mentioned earlier. Hope this will help.

Is there any rule change proposed after 6 April for the Tier 1 General spouse/dependant arrived before 9th July.

What this paragraph means in the new
''Statements of changes in Immigration Rules'' Page 12, 7.31 3rd point whihc reads.

• To provide that the partner of a Points Based System migrant not on a route to
settlement cannot switch into the partner route under Part 8 and amalgamate their
leave as a partner under both routes towards the qualifying period for settlement.


As most of us have applied on 10 years basis and awaiting decision and our spouses will apply for FLR(m) or SEt (m) once we get our ILR approved.

I was wondering if there is any change going to happen after 6th April, wont it be a good idea to post our spouse application for FLR(m) before 6th April.

I recently got my ILR 4 days ago under the 10year Rule and I had applied for my wife Visa using FL(M) form.She has already done her biometrics on the 13 February 2013.And on the cover letter I had written withhold her application until my case has been decided and I will let you know when a decision has been Made.
My question is do I have to send a letter from Home Office confirming my status and do I have to send the original letter or a photocopy will do.Do I also include a copy of BRP or I can just write a normal letter
Thanks

1. anyone noticed that there are 2 timeline sheet? dont know why

https://skydrive.live.com/view.aspx?res ... ywT85dSwhA

https://skydrive.live.com/view.aspx?res ... a-tT9RW8pw

first one is completed with graph and table, should delete the next one to avoid confusion.

2. its the time to delete following user from the timeline as we havent heard any response from them in recent time, what do you think?

tinaysf
anjum.zahra
locomore
Yasy
FTW
star17
frog
lfc4ever

Ive been a silent visitor to this forum but found some great tips here.

Application type: ILR Set O 10 year residence route
Applied: 25/09/12
Biometric: 27/11/12

Got a call from UKBA yesterday that my application was approved. Should hopefully receive passport and BRP in the course of next week

i sent my application on the same day as u.... its bit odd for UKBA to call and tell you that ur application is complete.

Jjay2 wrote:Ive been a silent visitor to this forum but found some great tips here.

Application type: ILR Set O 10 year residence route
Applied: 25/09/12
Biometric: 27/11/12

Got a call from UKBA yesterday that my application was approved. Should hopefully receive passport and BRP in the course of next week

adkh2_1 wrote:i sent my application on the same day as u.... its bit odd for UKBA to call and tell you that ur application is complete.

Jjay2 wrote:Ive been a silent visitor to this forum but found some great tips here.

Application type: ILR Set O 10 year residence route
Applied: 25/09/12
Biometric: 27/11/12

Got a call from UKBA yesterday that my application was approved. Should hopefully receive passport and BRP in the course of next week

i had to write a letter of expedition because of an issue that came up impromptu

but u cannot write write a letter of expedition before 6 months of your application ?

sorry i am not questioning you, i am looking for tips if they might help me lo

Jjay2 wrote:

adkh2_1 wrote:i sent my application on the same day as u.... its bit odd for UKBA to call and tell you that ur application is complete.

Jjay2 wrote:Ive been a silent visitor to this forum but found some great tips here.

Application type: ILR Set O 10 year residence route
Applied: 25/09/12
Biometric: 27/11/12

Got a call from UKBA yesterday that my application was approved. Should hopefully receive passport and BRP in the course of next week

i had to write a letter of expedition because of an issue that came up impromptu

inception wrote:1. anyone noticed that there are 2 timeline sheet? dont know why

first one is completed with graph and table, should delete the next one to avoid confusion.

Before jumping to a conclusion, please read through from this post and you should find the reason behind this new spread sheet. For your convenience, please find the links below for both.

Now regarding the graphs and the table, on the new spread sheet scroll across to column O1 and you should be able to see them.

I think you've been away for a while from this forum, hence the confusion.

New Skydrive

Old Skydrive

dipmm2000d, u quoted 'smshad' as saying "PSW (etc) and students are not settlement route so time spent as main applicant or dependant of these categories does not count towards settlement".

Pls confirm, is this true?

inception wrote:1. anyone noticed that there are 2 timeline sheet? dont know why

https://skydrive.live.com/view.aspx?res ... ywT85dSwhA

https://skydrive.live.com/view.aspx?res ... a-tT9RW8pw

first one is completed with graph and table, should delete the next one to avoid confusion.

2. its the time to delete following user from the timeline as we havent heard any response from them in recent time, what do you think?

tinaysf
anjum.zahra
locomore
Yasy
FTW
star17
frog
lfc4ever

Hi

I second the motion to have these members removed from the sky drive timelines. If they are indeed active they can always request to be reinstated and I don't think that takes a lot of time and effort. Seeing these timelines has given me a false sense of comfort, these cases may well have been concluded a long time ago.

I sense my position is a little more undesirable compared to the average member despite the fact its generally taking long to process all applications.

Thanks

Hi,
Current rules in place do allow dependants to amalgamate their stay but not to all categories of Point based system.

I contacted UKBA last year and I was clearly told by the advisor that time spent as PSW, Fresh Talent etc. and students are not settlement route so time spent as main applicant or dependant of these categories does not count towards settlement. Advisor was 100% confident the way she asked me exact dates and categories in which my wife has lived in the UK.

Issue here is that current rules do not mention it clearly but this is the interpretation used by caseworkers which is correct because if time spent as PSW, Fresh Talent and student does not count towards ILR so how come time spent by these dependants will count towards ILR. This was the reason I contacted UKBA to clarify. I did not tell her my interpretation but she said exactly the same I was thinking.

Now this has been made clear in statement of changes which will take effect on 6th April, 2013.

I have noticed in past that some of us got different answers for same query from UKBA but we should note here that all PBS categories are not the same. When contacting UKBA we should mention exact category of PBS (Tier-1 General, Tier -1 PSW etc.)

I think everyone who could be impacted should read the rules themselves and then discuss in the forum because interpretation could be different.

Take care.

Shad

goodmann wrote:dipmm2000d, u quoted 'smshad' as saying "PSW (etc) and students are not settlement route so time spent as main applicant or dependant of these categories does not count towards settlement".

Pls confirm, is this true?

i am bit confused here.... i am main applicant i applied for ILR back in sep after spending 8 years on student and 2 years on psw... would this rule effect me or not ???

smshad wrote:Hi,
Current rules in place do allow dependants to amalgamate their stay but not to all categories of Point based system.

I contacted UKBA last year and I was clearly told by the advisor that time spent as PSW, Fresh Talent etc. and students are not settlement route so time spent as main applicant or dependant of these categories does not count towards settlement. Advisor was 100% confident the way she asked me exact dates and categories in which my wife has lived in the UK.

Issue here is that current rules do not mention it clearly but this is the interpretation used by caseworkers which is correct because if time spent as PSW, Fresh Talent and student does not count towards ILR so how come time spent by these dependants will count towards ILR. This was the reason I contacted UKBA to clarify. I did not tell her my interpretation but she said exactly the same I was thinking.

Now this has been made clear in statement of changes which will take effect on 6th April, 2013.

I have noticed in past that some of us got different answers for same query from UKBA but we should note here that all PBS categories are not the same. When contacting UKBA we should mention exact category of PBS (Tier-1 General, Tier -1 PSW etc.)

I think everyone who could be impacted should read the rules themselves and then discuss in the forum because interpretation could be different.

Take care.

Shad

goodmann wrote:dipmm2000d, u quoted 'smshad' as saying "PSW (etc) and students are not settlement route so time spent as main applicant or dependant of these categories does not count towards settlement".

Pls confirm, is this true?

Hi,

It is no where mention that applicants cannot send request to expedite
the application before six months.

Biometric invitation letter provides details of circumstances in which you could request to expedite providing evidence.

But there could be other reasons strong enough to request through your MP.

For example: One of the forum member is a researcher who had to travel because of research reasons that was season specific.

adkh2_1 wrote:but u cannot write write a letter of expedition before 6 months of your application ?
sorry i am not questioning you, i am looking for tips if they might help me lo

Jjay2 wrote:

adkh2_1 wrote:i sent my application on the same day as u.... its bit odd for UKBA to call and tell you that ur application is complete.

Jjay2 wrote:Ive been a silent visitor to this forum but found some great tips here.

Application type: ILR Set O 10 year residence route
Applied: 25/09/12
Biometric: 27/11/12

Got a call from UKBA yesterday that my application was approved. Should hopefully receive passport and BRP in the course of next week

i had to write a letter of expedition because of an issue that came up impromptu

Hi,

Main applicant under the Long residence will not be impacted. Because long residence category ILR has nothing to do with the categories in which applicant has spent the time in the UK.

adkh2_1 wrote:i am bit confused here.... i am main applicant i applied for ILR back in sep after spending 8 years on student and 2 years on psw... would this rule effect me or not ???

smshad wrote:Hi,
Current rules in place do allow dependants to amalgamate their stay but not to all categories of Point based system.

I contacted UKBA last year and I was clearly told by the advisor that time spent as PSW, Fresh Talent etc. and students are not settlement route so time spent as main applicant or dependant of these categories does not count towards settlement. Advisor was 100% confident the way she asked me exact dates and categories in which my wife has lived in the UK.

Issue here is that current rules do not mention it clearly but this is the interpretation used by caseworkers which is correct because if time spent as PSW, Fresh Talent and student does not count towards ILR so how come time spent by these dependants will count towards ILR. This was the reason I contacted UKBA to clarify. I did not tell her my interpretation but she said exactly the same I was thinking.

Now this has been made clear in statement of changes which will take effect on 6th April, 2013.

I have noticed in past that some of us got different answers for same query from UKBA but we should note here that all PBS categories are not the same. When contacting UKBA we should mention exact category of PBS (Tier-1 General, Tier -1 PSW etc.)

I think everyone who could be impacted should read the rules themselves and then discuss in the forum because interpretation could be different.

Take care.

Shad

goodmann wrote:dipmm2000d, u quoted 'smshad' as saying "PSW (etc) and students are not settlement route so time spent as main applicant or dependant of these categories does not count towards settlement".

Pls confirm, is this true?