10 years long residence applications

pat208 · Post by **pat208** » Thu Apr 04, 2013 6:55 pm

Hello everyone..I have been reading this forum for a while and let me tell u that u all r doing wonderful work helping eachother. I am going to apply for my ilr under 10 year next week. I am currently on tier 1 G visa with my wife and my son as tier 1 G dependants. My wife has lived with me in the uk for 3 years and 6 months. Due to a medical condition she spent last whole year, out of that 3 years and 6 months,in my home country and recently came back to uk. I have finished my 10 years back in september but due to some circumstances couldnot make an ilr application earlier. I need some assistance with regards to my wife's FLR m as her visa runs out with mine very soon too. I understand that she falls under old rules as her last leave was granted before 9th july 2012.

1) Is it possible to make her flr m application first and then send the english test certificate later?
2) Our uk born son (1 year 5 months old) was issued with a Tier 1 G dependant visa, can my wife include him on her flr m application? I understand that we can register him as british citizen after i get my ilr but can we still include him in my wife's flr m application?
3) On flr m form i didnot quite understand section 12C, do we need to provide those 6 different cohabitation documents?
4) I have enough money in my bank account kept for over a year to demonstrate that i can support my wife and son but my wife's bank account doesnot have much balance. Do we need to send my wife's bank statements with her flr m as well or is it enough if we just send my bank statements?
5) We live in a shared house where we rent one room and share toilet,living room and kit chen. Do i need to include details of everyone else living in the house as asked in question 7.12 on flr m form.

Your help will be highly appreciated. Thank you all.

nats · Post by **nats** » Thu Apr 04, 2013 8:32 pm

Sheffield PEO Experience today not as good as i thought of. On 1st window I asked for Set(m). Lady said I think you can apply on Set(O) but I will confirm from supervisor. And she came with not much good news, she said I have to apply for FLR(M) as Set(m) is for those whose partner was on PBS of settlement route not on 10 year long residence based ILR like tier 4 PBS as in my case.
And then he told in next appointment i can apply for SET(M) as they dont take 2 applications in single appointment. and she was not convinced any way. Then my FLR(M) case was decided and approval letter was handed over by case worker. I asked him if I can apply for Set(M) now. He said not in this appointment. I asked was it possible if I could directly apply Set(M). He said YES. I said but the lady on 1st window told that I cant. He asked who was she let me find out. He came in and came back and said whatever that lady said it was true. U can apply Set(M) in next appointment or by post. And on my query he replied if u want to consider ur existing 2 year stay for qualification period you should apply b4 6th April and should explain in cover letter that u r qualifying for 2 year as of now. Now I will post my Set(M) tomorrow.

Damanishallo or anyone, I want to ask for any reference on UKBA website for this 2 year qualification period could be combination of PBS and FLR(M) so that I can refer it in my cover letter?
2- Will they consider my postal date (5th April) or their receiving date (6th April) to decide wether I am under rules b4 6th April or not? If anyone can reply urgently as I need to post it tomorrow morning. thanks.

inzi2k · Post by **inzi2k** » Thu Apr 04, 2013 8:35 pm

Hi guys,

Some good news at the end after eight months.

I have received my ILR today with all docs.

Can someone update my sky drive?

Thanks everyone, this forum is great help.

dipmm2000d · Post by **dipmm2000d** » Thu Apr 04, 2013 8:45 pm

pat208 wrote:Hello everyone..I have been reading this forum for a while and let me tell u that u all r doing wonderful work helping eachother. I am going to apply for my ilr under 10 year next week. I am currently on tier 1 G visa with my wife and my son as tier 1 G dependants. My wife has lived with me in the uk for 3 years and 6 months. Due to a medical condition she spent last whole year, out of that 3 years and 6 months,in my home country and recently came back to uk. I have finished my 10 years back in september but due to some circumstances couldnot make an ilr application earlier. I need some assistance with regards to my wife's FLR m as her visa runs out with mine very soon too. I understand that she falls under old rules as her last leave was granted before 9th july 2012.

1) Is it possible to make her flr m application first and then send the english test certificate later?
2) Our uk born son (1 year 5 months old) was issued with a Tier 1 G dependant visa, can my wife include him on her flr m application? I understand that we can register him as british citizen after i get my ilr but can we still include him in my wife's flr m application?
3) On flr m form i didnot quite understand section 12C, do we need to provide those 6 different cohabitation documents?
4) I have enough money in my bank account kept for over a year to demonstrate that i can support my wife and son but my wife's bank account doesnot have much balance. Do we need to send my wife's bank statements with her flr m as well or is it enough if we just send my bank statements?
5) We live in a shared house where we rent one room and share toilet,living room and kit chen. Do i need to include details of everyone else living in the house as asked in question 7.12 on flr m form.

Your help will be highly appreciated. Thank you all.

The best thing if you can send the test certificate together. But if you cannot you can write in the covering letter that you will send the Certificate soon and take the exam shortly after sending the application they have to consider it if it reaches there before taking the decision.
Regrading your son You can include with your wife application though you can skip him including.

You don't have to have large balance in the bank statement as long as there are money coming from your employment to meet your maintenance and accommodation costs. If your wife working then you can send her statement as well to show income from employment otherwise you can send only yours as you are the sponsor

Co-habitation documents are not relevant for you they are for unmarried
Couple but your main problem is accommodation if you include your child as you need two rooms to accommodate your whole family, so you need spaces there for you, your wife and child in order to show it is not over crowded.

dipmm2000d · Post by **dipmm2000d** » Thu Apr 04, 2013 8:56 pm

nats wrote:Sheffield PEO Experience today not as good as i thought of. On 1st window I asked for Set(m). Lady said I think you can apply on Set(O) but I will confirm from supervisor. And she came with not much good news, she said I have to apply for FLR(M) as Set(m) is for those whose partner was on PBS of settlement route not on 10 year long residence based ILR like tier 4 PBS as in my case.
And then he told in next appointment i can apply for SET(M) as they dont take 2 applications in single appointment. and she was not convinced any way. Then my FLR(M) case was decided and approval letter was handed over by case worker. I asked him if I can apply for Set(M) now. He said not in this appointment. I asked was it possible if I could directly apply Set(M). He said YES. I said but the lady on 1st window told that I cant. He asked who was she let me find out. He came in and came back and said whatever that lady said it was true. U can apply Set(M) in next appointment or by post. And on my query he replied if u want to consider ur existing 2 year stay for qualification period you should apply b4 6th April and should explain in cover letter that u r qualifying for 2 year as of now. Now I will post my Set(M) tomorrow.

Damanishallo or anyone, I want to ask for any reference on UKBA website for this 2 year qualification period could be combination of PBS and FLR(M) so that I can refer it in my cover letter?
2- Will they consider my postal date (5th April) or their receiving date (6th April) to decide wether I am under rules b4 6th April or not? If anyone can reply urgently as I need to post it tomorrow morning. thanks.

You are so lucky that you got flrm approaved . I wish I were also in same situation but still waiting for wife's one.
You have to mention para 287(I)d and your application date will be date of posting so you will be safe. Thanks

Damanisshallo · Post by **Damanisshallo** » Thu Apr 04, 2013 9:24 pm

nats wrote:Damanishallo or anyone, I want to ask for any reference on UKBA website for this 2 year qualification period could be combination of PBS and FLR(M) so that I can refer it in my cover letter?

Please refer to the below FOI in particular the words in bold should help in your case

UKBA FOI wrote:After completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, the partner is eligible to apply for indefinite leave to remain under paragraph 287 of the Immigration rules. The leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(d) of the Rules. This is what was being referred to in the response you included in your message.

dipmm2000d · Post by **dipmm2000d** » Thu Apr 04, 2013 9:48 pm

Damanisshallo wrote:
nats wrote:Damanishallo or anyone, I want to ask for any reference on UKBA website for this 2 year qualification period could be combination of PBS and FLR(M) so that I can refer it in my cover letter?
Please refer to the below FOI in particular the words in bold should help in your case
UKBA FOI wrote:After completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, the partner is eligible to apply for indefinite leave to remain under paragraph 287 of the Immigration rules. The leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(d) of the Rules. This is what was being referred to in the response you included in your message.

hi Damanisshallo i was wondering how ukba can consider a set m application under new rules from 6 april where the applicant got flrm approaval under current rules. In para 287 where they mention ' got an extension under para 281 to 284 ' does that not mean person got the extenstion under the old rules ?so the relevant ilr rules also should be the old 287. Whats your thought about this?thanks

nats · Post by **nats** » Thu Apr 04, 2013 9:57 pm

Thanks Damanisshallo, I will write same in cover letter and will bold the aggregate.. word

I hope they will consider

Damanisshallo wrote: Please refer to the below FOI in particular the words in bold should help in your case
UKBA FOI wrote:After completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, the partner is eligible to apply for indefinite leave to remain under paragraph 287 of the Immigration rules. The leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(d) of the Rules. This is what was being referred to in the response you included in your message.

shahab99 · Post by **shahab99** » Thu Apr 04, 2013 10:22 pm

Hi Damanisshallo
My friend came to the UK in 2002 and was on Student visa till 2009. His student visa was refused in December 2009 which was appealed in the upper tribunal and the appeal was allowed but then appealed by the home office against in the upper-upper tribunal and the original decision was taken back. It took until August 2010. Then a judicial review was submitted in June 2011 that wasn't allowed. He applied on the SET O form in December 2011 and got discretionary visa until 2015 in May 2012. His ten years since he came to the UK completed in October 2012. Does he qualify under the 10 years long residence? If he does qualify, what documents should he submit and will the gap from August 2010 till June 2012 affect him?
looking forward to your detailed reply
Many Thanks

Damanisshallo · Post by **Damanisshallo** » Thu Apr 04, 2013 11:07 pm

shahab99 wrote:Hi Damanisshallo
My friend came to the UK in 2002 and was on Student visa till 2009. His student visa was refused in December 2009 which was appealed in the upper tribunal and the appeal was allowed but then appealed by the home office against in the upper-upper tribunal and the original decision was taken back. It took until August 2010. Then a judicial review was submitted in June 2011 that wasn't allowed. He applied on the SET O form in December 2011 and got discretionary visa until 2015 in May 2012. His ten years since he came to the UK completed in October 2012. Does he qualify under the 10 years long residence? If he does qualify, what documents should he submit and will the gap from August 2010 till June 2012 affect him?
looking forward to your detailed reply
Many Thanks

I remember you asking me a similar question back in January. Follow here. However, I think it's risky to go through 10 yr route as he is neither covered by Section 3C nor 3D for the gap built. I'd think the earliest he can go for ILR is in May 2018 which is through 6 yrs DL Route. I am sorry if this is not the kind of response you were looking forward for. But, AFAIK this is what I think.

Damanisshallo · Post by **Damanisshallo** » Thu Apr 04, 2013 11:22 pm

nats wrote:Thanks Damanisshallo, I will write same in cover letter and will bold the aggregate.. word I hope they will consider

Since, you've decided to post, Make sure you provide enough paper work to justify your covering letter. If I were you, I'd have enclosed the complete FOI pages along with the covering letter. Not that they'd have not known these rules but I just feel the UKBA staff are way too over-rated for their jobs. (I personally think for sure atleast UKBA needs the "brightest and the best" to work for them)

Finally, why don't you check if there are any PEO Appointments available for tomorrow (Technically today) and get it done n dusted then n there? Some times they release these appointments at mid night.

nats · Post by **nats** » Thu Apr 04, 2013 11:49 pm

I have checked for PEO, todays date is disabled and it gives error if i give today's date. The 1st available apointment is on 8th April. So no option

Should I print complete FOI as it is? Won't they say this information was on 23 May 2012 for Angela Oto?

I have written this cover letter.. please let me know if ok and serves the purpose or should i include/exclude/change anything?

Date: 04/04/2013
To,
UK Border Agency
Leave to Remain - SET(M)

Dear Sir/Madam,

I xxxx writing this regarding my application for Settlement- SET (M).
I am recently been granted Further Leave to Remain FLR(M) on 04-04-2013 in Sheffield PEO. My BRP has not arrived yet. Enclosed is the Approval Letter of FLR(M). As I am in UK since June 2010 and I have already spent more than 2 years as a married partner of Mr xxxxx who is now settled in UK.

Under paragraph 287 of the Immigration rules the partner is eligible to apply for indefinite leave to remain after completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person. So I am applying for SET(M) because the leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(i)(d) of the Rules.

Also according to 319AA, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

Yours truly,
xxxx

Damanisshallo wrote:
nats wrote:Thanks Damanisshallo, I will write same in cover letter and will bold the aggregate.. word I hope they will consider
Since, you've decided to post, Make sure you provide enough paper work to justify your covering letter. If I were you, I'd have enclosed the complete FOI pages along with the covering letter. Not that they'd have not known these rules but I just feel the UKBA staff are way too over-rated for their jobs. (I personally think for sure atleast UKBA needs the "brightest and the best" to work for them)

Finally, why don't you check if there are any PEO Appointments available for tomorrow (Technically today) and get it done n dusted then n there? Some times they release these appointments at mid night.

pat208 · Post by **pat208** » Fri Apr 05, 2013 4:31 am

Damanishallo or anyone else can you please put ur input too.

I have been reading this forum for a while and let me tell u that u all r doing wonderful work helping eachother. I am going to apply for my ilr under 10 year next week. I am currently on tier 1 G visa with my wife and my son as tier 1 G dependants. My wife has lived with me in the uk for 3 years and 6 months. Due to a medical condition she spent last whole year, out of that 3 years and 6 months,in my home country and recently came back to uk. I have finished my 10 years back in september but due to some circumstances couldnot make an ilr application earlier. I need some assistance with regards to my wife's FLR m as her visa runs out with mine very soon too. I understand that she falls under old rules as her last leave was granted before 9th july 2012.

1) Is it possible to make her flr m application first and then send the english test certificate later?
2) Our uk born son (1 year 5 months old) was issued with a Tier 1 G dependant visa, can my wife include him on her flr m application? I understand that we can register him as british citizen after i get my ilr but can we still include him in my wife's flr m application?
3) On flr m form i didnot quite understand section 12C, do we need to provide those 6 different cohabitation documents?
4) I have enough money in my bank account kept for over a year to demonstrate that i can support my wife and son but my wife's bank account doesnot have much balance. Do we need to send my wife's bank statements with her flr m as well or is it enough if we just send my bank statements?
5) We live in a shared house where we rent one room and share toilet,living room and kit chen. Do i need to include details of everyone else living in the house as asked in question 7.12 on flr m form.

Your help will be highly appreciated. Thank you all.

stoorrey · Post by **stoorrey** » Fri Apr 05, 2013 7:30 am

Hi Damanisshallo

Do you think the 2 years amalgamation rules under para 287 will no more apply after 6 April for the Tier 1 General dependants of 10 years Long?

As nat has been advised in Sheffield PEO.

Please comments.

Damanisshallo · Post by **Damanisshallo** » Fri Apr 05, 2013 8:16 am

stoorrey wrote:Do you think the 2 years amalgamation rules under para 287 will no more apply after 6 April for the Tier 1 General dependants of 10 years Long?

I presume this is a real worry for PSW & Student dependants. As of now these are the only migrants who are not on a route to settlement otherwise they should be fine.

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.

Damanisshallo · Post by **Damanisshallo** » Fri Apr 05, 2013 8:29 am

nats wrote:Should I print complete FOI as it is?
I'd have done so.

Won't they say this information was on 23 May 2012 for Angela Oto?
Doesn't matter whom it is addressed to, its a FOI Act request and open to all. It is on WDTK.com site and available to anyone (Open to All). Regarding the date, nothing has changed since then until 6th of April so, you should be fine.

I have written this cover letter.. please let me know if ok and serves the purpose or should i include/exclude/change anything?

Date: 04/04/2013
To,
UK Border Agency
Leave to Remain - SET(M)

Dear Sir/Madam,

I xxxx writing this regarding my application for Settlement- SET (M).
I've been recently granted Further Leave to Remain FLR(M) on 04-04-2013 in Sheffield PEO. My BRP has not arrived yet. Enclosed is the Approval Letter of FLR(M). As I am in UK since June 2010 and I have already spent more than 2 years as a married partner of Mr xxxxx who is now settled in UK.

Under paragraph 287 of the Immigration rules the partner is eligible to apply for indefinite leave to remain after completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person. So I am applying for SET(M) because the leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(i)(d) of the Rules.

Also according to 319AA, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

(You can add this, only to ensure that the case worker doesn't mess up with the dates) I'd also like to inform that I am aware of the rule changes on the 6th April 2013 where the above mentioned rule would not be considered after 6th April 2013. Hence I am applying/posting my application on 5th April 2013 using a Special Delivery as advised by the Case Worker on 04/April/2013 at Sheffield PEO. I'd be grateful if you can consider my application under the above mentioned rule.

Yours truly,
xxxx

stoorrey · Post by **stoorrey** » Fri Apr 05, 2013 8:32 am

Damanisshallo wrote:
stoorrey wrote:Do you think the 2 years amalgamation rules under para 287 will no more apply after 6 April for the Tier 1 General dependants of 10 years Long?
I presume this is a real worry for PSW & Student dependants. As of now these are the only migrants who are not on a route to settlement otherwise they should be fine.
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.

thanks Damanisshallo

I thought the same but Nat in Sheffield PEO has been advised otherwise or did i read not read correctly his case?

alisha123 · Post by **alisha123** » Fri Apr 05, 2013 9:02 am

My MP contacted UKBA again for the 3rd time and this is the response I got.....

I have contacted the UKBA and was told that they are currently awaiting checks to be completed. Once received this case will then be allocated to a case worker for a decision. They were unable to provide a definite timescale for conclusion at this time.

As you have submitted an application for indefinite leave to remain on 11th July 2012, before the expiry of your current leave, your existing terms remain until a decision is made.

Employers can use the employers checking service to confirm immigration status and your right to work.

immigration rules under 3c of the 1971 Immigration Act Section 3C

Section 3C(2) of the Immigration Act 1971 (as amended) automatically extends a person’s leave if either:

· an applicant applies for further leave before their current leave expires while their application is still outstanding and they do not withdraw the application before a decision is made, or

· an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 for an in-time application for the variation of leave could be brought or is pending.

Employers checking service

Hope this helps any June/ July applicants still waiting that maybe we will get our approvals in this month

nats · Post by **nats** » Fri Apr 05, 2013 9:09 am

Thank u for this. I have read ur post while in post office.. came back added it and now going back to post office. I have taken prints of 287(a)(d) rule and 319AA and put in envelop with FOI. I have added in cover letter this as well that "Relevant FOI Act request is enclosed". I know its just for case worker convenience .. But I hope he dont mind telling him the rules

Damanisshallo wrote:
nats wrote:Should I print complete FOI as it is?
I'd have done so.

Won't they say this information was on 23 May 2012 for Angela Oto?
Doesn't matter whom it is addressed to, its a FOI Act request and open to all. It is on WDTK.com site and available to anyone (Open to All). Regarding the date, nothing has changed since then until 6th of April so, you should be fine.

I have written this cover letter.. please let me know if ok and serves the purpose or should i include/exclude/change anything?

Date: 04/04/2013
To,
UK Border Agency
Leave to Remain - SET(M)

Dear Sir/Madam,

I xxxx writing this regarding my application for Settlement- SET (M).
I've been recently granted Further Leave to Remain FLR(M) on 04-04-2013 in Sheffield PEO. My BRP has not arrived yet. Enclosed is the Approval Letter of FLR(M). As I am in UK since June 2010 and I have already spent more than 2 years as a married partner of Mr xxxxx who is now settled in UK.

Under paragraph 287 of the Immigration rules the partner is eligible to apply for indefinite leave to remain after completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person. So I am applying for SET(M) because the leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(i)(d) of the Rules. Enclosed is relevant FOI Act request.

Also according to 319AA, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

(You can add this, only to ensure that the case worker doesn't mess up with the dates) I'd also like to inform that I am aware of the rule changes on the 6th April 2013 where the above mentioned rule would not be considered after 6th April 2013. Hence I am applying/posting my application on 5th April 2013 using a Special Delivery as advised by the Case Worker on 04/April/2013 at Sheffield PEO. I'd be grateful if you can consider my application under the above mentioned rule.

Yours truly,
xxxx

farhad34 · Post by **farhad34** » Fri Apr 05, 2013 9:14 am

alisha123 wrote:My MP contacted UKBA again for the 3rd time and this is the response I got.....

I have contacted the UKBA and was told that they are currently awaiting checks to be completed. Once received this case will then be allocated to a case worker for a decision. They were unable to provide a definite timescale for conclusion at this time.

As you have submitted an application for indefinite leave to remain on 11th July 2012, before the expiry of your current leave, your existing terms remain until a decision is made.

Employers can use the employers checking service to confirm immigration status and your right to work.

immigration rules under 3c of the 1971 Immigration Act Section 3C

Section 3C(2) of the Immigration Act 1971 (as amended) automatically extends a person’s leave if either:

· an applicant applies for further leave before their current leave expires while their application is still outstanding and they do not withdraw the application before a decision is made, or

· an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 for an in-time application for the variation of leave could be brought or is pending.

Employers checking service

Hope this helps any June/ July applicants still waiting that maybe we will get our approvals in this month

Anybody knows what kind of checks they making , would they check credit history? And How long does it take to do these checks? thanks

lambu1 · Post by **lambu1** » Fri Apr 05, 2013 9:25 am

Dear all

To all those who are waiting all I can say is hold on and you shall get your ILRs soon. I can understand this is incredibly frustrating and going by what most of you are going through (or have gone through) it seems I was fortunate to get my ILR in 7 months. I applied on the 16th of Aug 2012 , did my bio enrolment in oct and got all the stuff through on the 18th of March 2013 (they used the special delivery envelop I had included in the app so was a wise decision to take down the tracking no. I used my work address as my correspondence address which was a good idea as I had a housemove a few months after applying ). NO SAR bullshit - No Lawyer - If you can read and fill the form clearly I do not see any reason why you need legal representation especially if you think your case is straightforward which I thought mine was.

I did send a few letters of complaint and contacted my MP - after 6 months- just like most of you - i think it is a luck thing.

No thanks due to God If he/she/it had any involvement in this it would have taken a matter of days .. not 7 months. I am an Atheist btw so would be unfair to my Flying Spaghetti Monster.

All I had in my mind is that UKBA doesn't give a crap about us and our rights ... essentially and this forum helped me get perspective on that. Massive thanks for the existence of this forum and spreadsheet as I would have truly gone crazy without it... I am now left with shitloads of holidays I have to take by July and flights anywhere are so expensive WTF .. But the most important thing is that I am free to do whatever the f*** I want in the UK - so a huge sigh of relief.

Also so many sad stories here did make me angry at the UKBA.

Now this post is about one important thing - it is mainly about applying for UK Nationality which is usually a year after getting ILR (or 15 months from the date of application - covered here in the past) which means that on the 18th of Nov this year I can technically apply for nationality.

Now my question is HOW ? - Are the settlement checking services (Reading in my case) aware of this ? How would they know that it took longer than the 3 months stipulated? Are council caseworkers aware of this caveat? or Do I need to send stuff by post again ( not desirable)? As this again takes a substantial amount of time.

Any suggestions would be highly appreciated.

Damanisshallo · Post by **Damanisshallo** » Fri Apr 05, 2013 9:47 am

pat208 wrote: 1) Is it possible to make her flr m application first and then send the english test certificate later?

I think you can make an FLR(O) Application and explain the situation. Once your Missus gets the English Certificate you can vary her application @Page 33 with FLR(M) by paying the difference amount (If any Applicable).

2)Our uk born son (1 year 5 months old) was issued with a Tier 1 G dependant visa, can my wife include him on her flr m application? I understand that we can register him as british citizen after i get my ilr but can we still include him in my wife's flr m application?

If you wish to do so, Yes.

3) On flr m form i didnot quite understand section 12C, do we need to provide those 6 different cohabitation documents?

Only if the below circumstances applies to your missus

FLR(M) @ Page 41 wrote: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:
4) I have enough money in my bank account kept for over a year to demonstrate that i can support my wife and son but my wife's bank account doesnot have much balance. Do we need to send my wife's bank statements with her flr m as well or is it enough if we just send my bank statements?

Its advisable to send. Regarding her account balance, it shouldn't make any difference since you've got enough.

5) We live in a shared house where we rent one room and share toilet,living room and kit chen. Do i need to include details of everyone else living in the house as asked in question 7.12 on flr m form.

You may need to read this to see what are the chances. It has a table where it specifies how many rooms can have how many people.

Damanisshallo · Post by **Damanisshallo** » Fri Apr 05, 2013 9:59 am

lambu1 wrote:Now this post is about one important thing - it is mainly about applying for UK Nationality which is usually a year after getting ILR (or 15 months from the date of application - covered here in the past) which means that on the 18th of Nov this year I can technically apply for nationality.

Now my question is HOW ? - Are the settlement checking services (Reading in my case) aware of this ? How would they know that it took longer than the 3 months stipulated?Are council caseworkers aware of this caveat? or Do I need to send stuff by post again ( not desirable)?

1.From your acknowledgement letter they can figure out what date you've applied.
2. From your approval letter they can see how long it took the UKBA to make a decision.
3. If you happen to see some one in the council. Take this Para 7.5g @ Page 16 along with you to educate them (which I bet they need to be)
4. See if they can give you in written if they are reluctant to agree with your findings.
5. If they still are adamant then, unfortunately you have no choice but to post.

dipmm2000d · Post by **dipmm2000d** » Fri Apr 05, 2013 9:59 am

dipmm2000d wrote:
Damanisshallo wrote:
nats wrote:Damanishallo or anyone, I want to ask for any reference on UKBA website for this 2 year qualification period could be combination of PBS and FLR(M) so that I can refer it in my cover letter?
Please refer to the below FOI in particular the words in bold should help in your case
UKBA FOI wrote:After completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, the partner is eligible to apply for indefinite leave to remain under paragraph 287 of the Immigration rules. The leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(d) of the Rules. This is what was being referred to in the response you included in your message.
hi Damanisshallo i was wondering how ukba can consider a set m application under new rules from 6 april where the applicant got flrm approaval under current rules. In para 287 where they mention ' got an extension under para 281 to 284 ' does that not mean person got the extenstion under the old rules ?so the relevant ilr rules also should be the old 287. Whats your thought about this?thanks

any thought above this? Is this not covered by transitional arrangement?

Damanisshallo · Post by **Damanisshallo** » Fri Apr 05, 2013 10:07 am

dipmm2000d wrote:Is this not covered by transitional arrangement?

Not that I know off.....May be at a later stage... fingers crossed...

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10 years long residence applications

ILR and FLR M

PEO for FLR (m) - not as good

I got it

Re: ILR and FLR M

Re: PEO for FLR (m) - not as good

Re: PEO for FLR (m) - not as good

Re: PEO for FLR (m) - not as good

Re: PEO for FLR (m) - not as good

To Damanisshallo- Ten years long residence

Re: To Damanisshallo- Ten years long residence

Re: PEO for FLR (m) - not as good

Re: PEO for FLR (m) - not as good

FLR M

Re: PEO for FLR (m) - not as good

Re: July Applicant

Re: PEO for FLR (m) - not as good

Re: July Applicant

Hold on (like the U2 song)

Re: FLR M

Re: Hold on (like the U2 song)

Re: PEO for FLR (m) - not as good

Re: PEO for FLR (m) - not as good