10 years long residence applications

fazhaque · Post by **fazhaque** » Sun Mar 31, 2013 10:38 am

jinat4671 wrote:i was a silent reader of this site
i got ilr approved 10 y long reci...
my time line
03/01/13 app sent
12/01/13 acco received
28/01/13 bio invitation
30/01/13 bio enrolled
27/03/13 approbal letter received
brp waiting

i applied myself... only passport and life in the uk test.. no other document,
7 years student + 2 years psw+1 years student = 10 years.
____________

Hi congratulations...that was really fast processing from UKBA...i,m a September applicant and still waiting!!!

adkh2_1 · Post by **adkh2_1** » Sun Mar 31, 2013 12:32 pm

Sme here, another sep applicant here

fazhaque wrote:
jinat4671 wrote:i was a silent reader of this site
i got ilr approved 10 y long reci...
my time line
03/01/13 app sent
12/01/13 acco received
28/01/13 bio invitation
30/01/13 bio enrolled
27/03/13 approbal letter received
brp waiting

i applied myself... only passport and life in the uk test.. no other document,
7 years student + 2 years psw+1 years student = 10 years.
____________
Hi congratulations...that was really fast processing from UKBA...i,m a September applicant and still waiting!!!

adkh2_1 · Post by **adkh2_1** » Sun Mar 31, 2013 12:33 pm

jinat4671 wrote:i was a silent reader of this site
i got ilr approved 10 y long reci...
my time line
03/01/13 app sent
12/01/13 acco received
28/01/13 bio invitation
30/01/13 bio enrolled
27/03/13 approbal letter received
brp waiting

i applied myself... only passport and life in the uk test.. no other document,
7 years student + 2 years psw+1 years student = 10 years..
_________________

Congratulation.... best of luck for future....

z18runway · Post by **z18runway** » Sun Mar 31, 2013 9:13 pm

jinat4671 wrote:i was a silent reader of this site
i got ilr approved 10 y long reci...
my time line
03/01/13 app sent
12/01/13 acco received
28/01/13 bio invitation
30/01/13 bio enrolled
27/03/13 approbal letter received
brp waiting

i applied myself... only passport and life in the uk test.. no other document,
7 years student + 2 years psw+1 years student = 10 years..
_________________

Great, that was quick.

AMH · Post by **AMH** » Sun Mar 31, 2013 9:47 pm

This example evidences Kutub8090 post above!

z18runway wrote:
jinat4671 wrote:i was a silent reader of this site
i got ilr approved 10 y long reci...
my time line
03/01/13 app sent
12/01/13 acco received
28/01/13 bio invitation
30/01/13 bio enrolled
27/03/13 approbal letter received
brp waiting

i applied myself... only passport and life in the uk test.. no other document,
7 years student + 2 years psw+1 years student = 10 years..
_________________
Great, that was quick.

z18runway · Post by **z18runway** » Sun Mar 31, 2013 11:40 pm

AMH wrote:This example evidences Kutub8090 post above!
z18runway wrote:
jinat4671 wrote:i was a silent reader of this site
i got ilr approved 10 y long reci...
my time line
03/01/13 app sent
12/01/13 acco received
28/01/13 bio invitation
30/01/13 bio enrolled
27/03/13 approbal letter received
brp waiting

i applied myself... only passport and life in the uk test.. no other document,
7 years student + 2 years psw+1 years student = 10 years..
_________________
Great, that was quick.

by evidence i meant if he could provide any link to the news which he said.

dreamfriend · Post by **dreamfriend** » Mon Apr 01, 2013 1:11 am

skydrive mess again

shazib1786 · Post by **shazib1786** » Mon Apr 01, 2013 1:53 am

Damanisshallo wrote:
shazib1786 wrote:As soon as I went there on 30th April 2006 I applied for student visa and got it issued on 30 June 2006 (within 02 months of last LTR expired) but I could only travel back to U.K on 30th Sept 2006 ( after 05 months of Leaving U.K ) due to mitigating circumstances ( mother had CVA) (i was out of U.K when I had gap in leaves & duration out of U.K was less than 6 months )

Do my long residency of 10 years is maintained or Broken?

maintained.

Long Residence @ page 22 wrote:Time spent outside the UK
Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of less than six months. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months. See example 1 below.
SECONDLY

jan 2008 student extension IN TIME application came back due to fee not authorized by bank and had to send it back within 06 days but i don't had visa in these 06 days

The caseworker can use discretion in this case. See below.

Long Residence @ page 23 wrote:Example 1
An applicant has a single gap in their lawful residence due to submitting an application seven days out of time. All other applications have been submitted in time, throughout the 10 years period.
Question

Would you be right to use discretion in this case?
Answer: Yes. The applicant has a single gap and submitted their application less than 10 days out of time.

Thanks Daminsshallo for your response .

Can u or any one else plz give ur valued response regarding the time spend outside of uk which is 18 months in 10 years long residency, if some one exceed that limit just for example one or two months .

for example some one spend 20 months out of U.K within last 10 years and he is due to apply on 15 April 2013 ( just for example ).

Can he stay another 2 months until 15 June before he apply for ILR to cover that 2 months which were over 18 months allowed period to qualify ?

OR he is disqualified for 10 years long residency as he spend over 18 months in last 10 years and his whole last 10 years period is wasted ?

Damanisshallo · Post by **Damanisshallo** » Mon Apr 01, 2013 1:02 pm

shazib1786 wrote:Can u or any one else plz give ur valued response regarding the time spend outside of uk which is 18 months in 10 years long residency, if some one exceed that limit just for example one or two months .

Read LL (China) v Secretary of State for the Home Department [2009] EWCA Civ 617

for example some one spend 20 months out of U.K within last 10 years and he is due to apply on 15 April 2013 ( just for example ).

Though the previous answer incline to a definite NO, I had quite a few friends who happen to be in this situation. One amongst them happen to be broken both the 18 months & the 6 months out of UK in one lot. However, he had compassionate reasons to this and had every proof to relate the leave outside UK. Eventually, he was issued with ILR.

Can he stay another 2 months until 15 June before he apply for ILR to cover that 2 months which were over 18 months allowed period to qualify ?
Well this has been the strategy of most of the lawyers lately. But, I am not aware of any thumb rule to this. I've got a friend who's application is still outstanding on this basis and I shall let you know as soon as I get one from him.

DB12 · Post by **DB12** » Mon Apr 01, 2013 1:37 pm

Hi All....

just found out that something does exist like immigration boards to relieve stress.

I hope I will get some help from senior members like Damani...etc..
first can someone please add me on sky drive.

I am one of august applicant.
date of application - 8th aug
acknowledgement - 14th Aug
biometric letter - 8th november
Biometrics given - 9th November
everything else still waiting.......

guys I really need some help filling up FLR-M form fro my wife whose visa will expire on 7th april and I don't have any option left except for posting her application within two days....

I have some confusion regarding filling up FLR-m form can any one please help me...

Damanisshallo · Post by **Damanisshallo** » Mon Apr 01, 2013 2:12 pm

DB12 wrote:guys I really need some help filling up FLR-M form fro my wife whose visa will expire on 7th april and I don't have any option left except for posting her application within two days....

You can use this Covering Letter Template if you wish.

I have some confusion regarding filling up FLR-m form can any one please help me...

Post your query?

jaberdene · Post by **jaberdene** » Mon Apr 01, 2013 3:00 pm

Post your query?

Hi Dam,
I asked this question in another post but nobody answered yet, then decided to ask you.

we r filling up my wife's FLR M form. We have a 19 year old son. We do know he cannot qualify in my wife's FLR M form as dependant. He wil apply for FLR (O) later though,
In our case do we need to answer the following two questions in Section 4 of FLR M form or not? OR is it completely irrelevant to our case?

4.1 Do you and your sponsor have any children together?
is it asking any of our children in UK or just the children who she can include in her FLR M form?

4.8 Is your sponsor financially responsible for supporting anyone else, not listed in section 4? (Obviously he is not listed in the section but Im financially responsible for supporting my son)

thank you in advance
Jab

Damanisshallo · Post by **Damanisshallo** » Mon Apr 01, 2013 4:25 pm

I know, I've answered your query elsewhere, the only reason to repeat it here is to help other fellow members of this forum who may be in the similar situation.

jaberdene wrote: Hi Dam,
I asked this question in another post but nobody answered yet, then decided to ask you.

4.1 Do you and your sponsor have any children together?
is it asking any of our children in UK or just the children who she can include in her FLR M form?

Yes, Only answer if any child is included in this application.

4.8 Is your sponsor financially responsible for supporting anyone else, not listed in section 4? (Obviously he is not listed in the section but Im financially responsible for supporting my son)

Yes, you shall be declaring this.

However, you shall be using FLR(O) for son.

jaberdene · Post by **jaberdene** » Mon Apr 01, 2013 5:09 pm

Damanisshallo wrote:I know, I've answered your query elsewhere, the only reason to repeat it here is to help other fellow members of this forum who may be in the similar situation.

Hi again DAM,
I bet many of us in this situation.
Im just thinking, since there is no children included in this application so we dnt have to fill any part of SECTION 4.

BUT
if sponsor have one british born child and one non-british born child, both under 18 then the the british born child doesnt have to be listed in Section 4.6. because the british born child can apply MN1 for british citizen as sponsor is settled here. But the sponsor is still financially responsible for supporting the british born child(when it comes to the maintenance fund)

Question 4.8 may be asking about this kind of british born child. Im may be completely wrong,
Im not being against your answer , just saying my opinion

Still not sure. what you reckon Dam.

Damanisshallo · Post by **Damanisshallo** » Mon Apr 01, 2013 11:50 pm

jaberdene wrote: Hi again, Im confusing again, You mentioned "Only answer if any child is included in this application". but then you said answer is YES to both 4.1 and 4.8. Why is that?

This "Yes" was not for Q 4.1 but it was for your statement below

jaberdene wrote:is it asking any of our children in UK or just the children who she can include in her FLR M form?

lets make it simple. no child is included in this application and there is only one child who is 19 years, dependent on us, no step child.

in this case
SECTION 4 answer would be
4.1 NO (because on the top of this section it say include details if you have any children and applying along with you.
4.2 NO
4.3 NO

Now that you said no to all 4.1, 4.2 & 4.3 you shall be jumping to Section 5

ac123 · Post by **ac123** » Tue Apr 02, 2013 12:02 am

Hi i need some urgent assistance as i cannt find the answer anywhere. i applied for ilr under 10 years catagory n now i want to apply for my wife flr m as she is on student dependant visa for last 6 years. But the problem is i do not have work right so cant show ny job only my wife working part time earning 6000 pa . i receive money from my brother . He can act as a third party sonsor for my wife' s application.but he is in outside uk, so my question is can he be the sponsor though he is in outsde? i am asking this question because the guidance only mentioned uk based sonsor it says nothing about non uk sponsor,

your kind views and experience will give me hope. many thanks,

shazib1786 · Post by **shazib1786** » Tue Apr 02, 2013 3:26 am

Damanisshallo wrote:
shazib1786 wrote:Can u or any one else plz give ur valued response regarding the time spend outside of uk which is 18 months in 10 years long residency, if some one exceed that limit just for example one or two months .

Read LL (China) v Secretary of State for the Home Department [2009] EWCA Civ 617

for example some one spend 20 months out of U.K within last 10 years and he is due to apply on 15 April 2013 ( just for example ).

Though the previous answer incline to a definite NO, I had quite a few friends who happen to be in this situation. One amongst them happen to be broken both the 18 months & the 6 months out of UK in one lot. However, he had compassionate reasons to this and had every proof to relate the leave outside UK. Eventually, he was issued with ILR.

Can he stay another 2 months until 15 June before he apply for ILR to cover that 2 months which were over 18 months allowed period to qualify ?
Well this has been the strategy of most of the lawyers lately. But, I am not aware of any thumb rule to this. I've got a friend who's application is still outstanding on this basis and I shall let you know as soon as I get one from him.

Bundle of thanks once again Damanisshalo for your reply . i am bit confused on the case of LL CHINA i believe that she spend a total of more than three years = almost 36 or more months as mentioned in the earlier paragraphs more over 27 trips are itself quite a lot and probably her exceeded absence were in the middle or end of her 10 years residency period thats why she is mainly refused. Correct me if my opinion is wrong .

what is your opinion if some one has exceeded few months eg 3 months more than 18 months at the initial of their 10 years residency can they qualify for ILR ?

i believe as these days ILR application are taking 6 to 8 months in being processed in such circumstances the the exceeded absences of 2 or 3 or even 4 months should be overlooked as by the time a decision is made on the application the applicant would have covered those absence.

Dear can you provide with more information about the people who had similar situation and what happend to them

DB12 · Post by **DB12** » Tue Apr 02, 2013 7:45 am

Thanks Damanisshallo,

my wife is in uk since may 2009 & was on tier-1 general dependant visa last two years, and is on maternity leave since April 12 before that she was working fulltime. i am in fulltime emloyment and well above interms of income of 18,600.

my first Query is does she need to fill up section 7A - Financial requirement in FLR-M form??

secondly does she need to provide 6 items of correspondence addressed to you and your partner at the same address as evidence that you have
been living together during the past 2 years (section 12 - Documents)????

Damanisshallo · Post by **Damanisshallo** » Tue Apr 02, 2013 8:55 am

DB12 wrote:my wife is in uk since may 2009 & was on tier-1 general dependant visa last two years, and is on maternity leave since April 12 before that she was working fulltime. i am in fulltime emloyment and well above interms of income of 18,600.

my first Query is does she need to fill up section 7A - Financial requirement in FLR-M form??

FLR(M) wrote:If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not required to complete section 7A, Proceed to 7B MAINTENANCE.
Since your missus had entered this country as your partner Pre 9 July, No, proceed to 7B.

secondly does she need to provide 6 items of correspondence addressed to you and your partner at the same address as evidence that you have
been living together during the past 2 years (section 12 - Documents)????

Since you referred your partner as your wife, this does not applies to you. However, there is no real harm in providing these documents if you have some.

FLR(M) Section 12 wrote:12C Unmarried and same-sex partners (and any spouse or civil partner who has completed 2 years’ leave in that category but is applying for an extension of stay rather than indefinite leave to remain)

If you are applying as an unmarried or same-sex partner, or if you answered no to question 5.1 and are applying for an extension of stay although you have completed or nearly completed 2 years’ leave to enter or remain in the UK as a partner, in addition to the relevant documents in sub-section 12A, you must provide the following documents:

6 items of correspondence addressed to you and your partner at the same address as evidence that you have been living together during the past 2 years. See Note 9.
Reading the below guidance should help you find your answers regarding Maternity Leave.
Annex FM Section FM 1.7 @ Page 20 wrote:5.3.6. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in receipt of maternity, maternity, adoption or sick pay, the relevant date for considering the length of employment will be the date of commencement of the maternity, paternity, adoption or sick leave, not the date of application. The relevant period for calculating income from their salaried employment will also be the period prior to the commencement of the maternity, paternity, adoption or sick pay and not the date of application. But the specified time periods for any other sources of income that are being combined will remain as set out in this guidance and in line with those not in receipt of maternity, paternity, adoption or sick pay.

SGP2103 · Post by **SGP2103** » Tue Apr 02, 2013 9:07 am

Hi Guys,

Quick note to share the good news and sincerely thank all the contributors of this forum for their continuous updates and invaluable advice. I've been religiously checking the forum since I've submitted documents and must say that this is the only thing that kept me sane!

Submitted: 30.08.12
Acknowledgement: 03.09.12
Application returned due to not filling in Section 7: 08.11.12
Sent back: 10.11.12
Biometrics invitation (strangely got one that I didn't have to pay for): 03.12.12
Called MP on 21.03.13: Advisor got back in 30 minutes saying my application got removed from queue on the 15.03.13
ILR Approval & Passport received: 24.03.13
BRP received: 25.03.13

Good luck to all those that are still waiting and especially those waiting since June, July. August. Please be patient and keep pestering the MP as they are the ones that can put actual pressure on them and get regular updates.

Next step SET(M)/FLR(M) for the Mrs...

Best wishes,

SGP

JoILR · Post by **JoILR** » Tue Apr 02, 2013 9:45 am

Hi all,

I am happy to share my good news that my ILR has been approved! I received the approval letter and my passport on last Saturday 30/03/2013 and the approval letter dated last Tuesday 26/03/2013. I am waiting for my biometric permit. I'm over the moon coz I thought I would have to cancel my holiday to Egypt in 3 weeks time.

Just a couple of things that I want to mention:
1) I read an old post saying it might help sending a special delivery bag as a return envelope, so I did send one after I've done my biometric enrollment. However, when I got my documents back, they returned the special delivery bag unused. Oh well, I can use it for something else perhaps.
2) Another thing is that the passports and other docs were sent back to me as a "signed for" post, but it was delivered through my letter box even though there was no one at home to sign for it on Saturday.

Here is my timeline again.

Category: Set (O) 10 year residency
Application sent: 08/12/2012
Acknowledgment dated: 11/12/2012
Biometric Invitation dated: 22/01/2013
Biometric Given on: 26/01/2013
ILR Approval letter dated: 26/03/2013
ILR Approval letter received on: 30/03/2013
BRP received on: Waiting

I was going to put in my citizenship application before the fee goes up on 6th April (I can apply straight after my ILR coz of marriage to British Citizen), but there was no appointment available in any of the 3 locations near my house until 15th April

I'll have to pay £22 more then.

Good luck to you all.

Jo

jaberdene · Post by **jaberdene** » Tue Apr 02, 2013 9:47 am

Damanisshallo wrote:
jaberdene wrote: Hi again, Im confusing again, You mentioned "Only answer if any child is included in this application". but then you said answer is YES to both 4.1 and 4.8. Why is that?

This "Yes" was not for Q 4.1 but it was for your statement below

jaberdene wrote:is it asking any of our children in UK or just the children who she can include in her FLR M form?

lets make it simple. no child is included in this application and there is only one child who is 19 years, dependent on us, no step child.

in this case
SECTION 4 answer would be
4.1 NO (because on the top of this section it say include details if you have any children and applying along with you.
4.2 NO
4.3 NO

Now that you said no to all 4.1, 4.2 & 4.3 you shall be jumping to Section 5

thank you Dam again,
I was wondering you answered YES to the alternative question(statement)!

anyway so your answer bit changed than previous one in which you said I shoud declare my 19 years old son at 4.8 question,

regards

Damanisshallo · Post by **Damanisshallo** » Tue Apr 02, 2013 10:07 am

jaberdene wrote:anyway so your answer bit changed than previous one in which you said I shoud declare my 19 years old son at 4.8 question,

Now that, you wouldn't proceed further after 4.1, 4.2, 4.3 I'd say yes you don't have to mention anything in 4.8. However, you will come across a question in Section 7 where it says "7.12 Does anyone other than your partner live in the property?" This is where you got to mention about your son if he still lives with you.

ac123 · Post by **ac123** » Tue Apr 02, 2013 10:30 am

ac123 wrote:Hi i need some urgent assistance as i cannt find the answer anywhere. i applied for ilr under 10 years catagory n now i want to apply for my wife flr m as she is on student dependant visa for last 6 years. But the problem is i do not have work right so cant show ny job only my wife working part time earning 6000 pa . i receive money from my brother . He can act as a third party sonsor for my wife' s application.but he is in outside uk, so my question is can he be the sponsor though he is in outsde? i am asking this question because the guidance only mentioned uk based sonsor it says nothing about non uk sponsor,

your kind views and experience will give me hope. many thanks,

Any thoughts about my issue? Thanks

Damanisshallo · Post by **Damanisshallo** » Tue Apr 02, 2013 10:39 am

ac123 wrote:she is on student dependant visa for last 6 years.

Doesn't she fall under Old rules then? Why are you bothered to prove your income? Aren't you meant to show that you can maintain without relying on Public Funds?

So I presume you'd skip answering Section 7A and jump to Section 7B as per below

Section 7A wrote:If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not required to complete section 7A, Proceed to 7B MAINTENANCE.

Section 7B wrote:does a relative or friend of you or your sponsor, regularly give you money?

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