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10 years long residence applications

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Damanisshallo
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Re: 10 years long ilr and flr m

Post by Damanisshallo » Fri Apr 26, 2013 3:23 pm

Hyper-PK wrote:I my previous discussion on this form i was told that she falls under old rules. and i don't need to fill the section 7A and need to go to section 7B

Correct ... "Not correct"

Note: this is not correct and you fall under new rule and I am afraid to say you have to fill section 7A and meet £18600 Financial requrements.
As we have been to the sheffield PEO yesterday ...I will write my yesterday experience on this forum shortly...so this could be helpfull for other members ....
I think you've been misled. No wonder even the best of lawyers are tumbling over this. Remember, lately we had members who've got their SET(M) processed without switching to FLR(M) whereas others had to get both Apps processed which is the best example of their inconsistency.

I personally would think, if you were affected with the case worker's decision then you were just unlucky. I donno what you've experienced yesterday but If I were you, I'd have asked them to give me what ever they said in written which would make them to double check the rule book (if there was one). The only reason why I am adamant is, on FLR(M) it still says "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".

Additional:- Just spoke to the Home Office with regards to the above and a lady (Bindu) said Dependents who were granted leave before 9th July 2012 do not need to fill in 7A. However, I did mentioned about your experience and said someone I know attended the PEO at Sheffield was told otherwise, to which she said the case worker might've been mistaken and further said "I am reading from the rulebook depending on your query" which was similar to the original OP. (Dependent entered UK April 2012 on PSW dependant and main applicant awaiting ILR on 10 yrs LR Route)
Statutory Warning:Members are advised to make thorough inquiries before acting upon any description displayed on my behalf.
Skydrives, Templates

gmx
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Posts: 162
Joined: Wed Jan 30, 2013 9:48 pm

Post by gmx » Fri Apr 26, 2013 4:16 pm

Aug-12 SET (O) ILR Long Residence (10 years) & Some interesting remarks

2 weeks of Oct-12 Long Residence
gmx wrote:These are from today:
https://www.whatdotheyknow.com/request/ ... 026590.pdf
https://www.whatdotheyknow.com/request/ ... 026406.pdf
https://www.whatdotheyknow.com/request/ ... 026236.pdf

It's not clear when the data are actually generated.

My response to your next question
essentialSalt wrote:If any member has official statistics about recent processing times of the set(O) applications and (of those applications) 10 year residence applications, please post. I would love to see them.

Does anyone also have official documents about what constitutes "compassionate or compelling" cases? The sentence about the compassionate and compelling cases was included in the guideline probably to create some room for interpretation and to give some flexibility/autonomy to caseworkers. Probably, it is not defined for those reasons. But I am just curious if they have official definitions about those terminologies.

A.Jadoon
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Posts: 34
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Exceptional Circumstances to expedite a case.

Post by A.Jadoon » Fri Apr 26, 2013 5:23 pm

essentialSalt wrote:If any member has official statistics about recent processing times of the set(O) applications and (of those applications) 10 year residence applications, please post. I would love to see them.

Does anyone also have official documents about what constitutes "compassionate or compelling" cases? The sentence about the compassionate and compelling cases was included in the guideline probably to create some room for interpretation and to give some flexibility/autonomy to caseworkers. Probably, it is not defined for those reasons. But I am just curious if they have official definitions about those terminologies.
This document details the exceptional circumstances in which one may request to expedite their case.

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

segs2tier1
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Post by segs2tier1 » Fri Apr 26, 2013 5:35 pm

Ok - got my things back from the UKBA finally.

Here are my time lines:

Applied on - 28 August 2012
Received - 31 August 2012
Biometrics - November 2012
BRP and documents received - 26 April 2013 (approval letter date 24 April 2013)

Took almost 8 months. I will use the 15 month rule when applying for naturalisation, 8 months is a long time to wait for something that should'nt take more than 3 months ideally..

Either way, thanks all for the support. Lets hope other August applicants get their ILRs as well.

zeni_iqb
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Post by zeni_iqb » Fri Apr 26, 2013 5:38 pm

Hi all finely my husband got his flrm approved today his time line is. Application sent 30th aug 2012. Brp done 30th nov 2012. Flrm recvied 23rd April 2013. Can any one update the sky drive pls thank you so much everyone on this forum been so helpful

zeni_iqb
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Post by zeni_iqb » Fri Apr 26, 2013 5:43 pm

Hi igot query if any one can pls help as my husband just got flrm. My question is 1. He is been my dependant for four years two years on psw and two year tier 4 so can he apply for ilr as he has already completed two years as my dependent . I have got my ilr this week on the basis of ten year. Thanks

Damanisshallo
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Post by Damanisshallo » Fri Apr 26, 2013 5:54 pm

zeni_iqb wrote: My question is 1. He is been my dependant for four years two years on psw and two year tier 4 so can he apply for ilr as he has already completed two years as my dependent . I have got my ilr this week on the basis of ten year. Thanks
Yes he can.
Statutory Warning:Members are advised to make thorough inquiries before acting upon any description displayed on my behalf.
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essentialSalt
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Posts: 75
Joined: Sat Jan 26, 2013 10:46 pm

Post by essentialSalt » Fri Apr 26, 2013 6:02 pm

gmx wrote:Aug-12 SET (O) ILR Long Residence (10 years) & Some interesting remarks

2 weeks of Oct-12 Long Residence
gmx wrote:These are from today:
https://www.whatdotheyknow.com/request/ ... 026590.pdf
https://www.whatdotheyknow.com/request/ ... 026406.pdf
https://www.whatdotheyknow.com/request/ ... 026236.pdf

It's not clear when the data are actually generated.

My response to your next question
essentialSalt wrote:If any member has official statistics about recent processing times of the set(O) applications and (of those applications) 10 year residence applications, please post. I would love to see them.

Does anyone also have official documents about what constitutes "compassionate or compelling" cases? The sentence about the compassionate and compelling cases was included in the guideline probably to create some room for interpretation and to give some flexibility/autonomy to caseworkers. Probably, it is not defined for those reasons. But I am just curious if they have official definitions about those terminologies.
Thanks.

These are interesting documents. 33% is lower than I expected. And still half of the cases received in August, including mine, are pending.

I particularly find the answer to "can I take the home office to court if I haven't received a response within a year?" interesting. The "we aim to process within 6 months" becomes effective, doesn't it? This is something they can't give in - once they do, they have a whole list of people who will start a legal action against them.

The document about the "compassionate or compelling cases" is a bit strange. You can't expedite a case for employment, but you can for wanting to see a dying relative. You can't expedite a case for employment, but you can for severe depression (that could lead to suicide). I think employment has to come before everything else. It's as important as your immediate relative dying. Employment is what we do for at least 37.5 hours a week and who works only for 37.5 hours a week (what country are we living?)?

Mera-IR
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Re: September applicant

Post by Mera-IR » Fri Apr 26, 2013 6:27 pm

Hi,
Thanks for the reply. The visa was expiring last week of March and I applied the first week of March. But because I did not attach the college attendance certificate then they sent me a letter to post it to them and I assume I would have got it back to them soon as. I should have requested for SAR form but the Solicitor I applied through with said not needed.
I wish I knew this forum before applying.
Regarding the stamps, there are also some stamps which have my countries calender dates so would the caseworker need to request information from the consulate of the country?

Kind regards
essentialSalt wrote:
Mera-IR wrote:Hi,
I would like to ask that if you could please have read of the background detail of my previous post? could you please let me know whether it was risky for me to apply for ILR in September 2012 or maybe I would be fine? As the waiting gets longer I come up with assessing all the records.

Wish everyone here all the best!

Many thanks

Mera-IR wrote:Hi all,

SET(O)-10yrs long residence route, (8years student+2yrs PSW)
current visa expired: 31 Sep 2012

-I have 7 weeks gap between second visa expiry and the third one approving. I cannot remember much why, only vaguely remember could be missing college attendance certificate from visa application. Which I sent off to them soon after. I have attached the letter from HO regarding missing college certificate.
-I have also got a stamp missing when entering back to UK on first visit to abroad. Here ,I luckily kept my flight tickets and part of my boarding pass which attached to the application.
-The absence all total comes to 60 days, and I have been abroad for 5 times.

Waiting timeline as follows:
Postal application, Liverpool office
Application Sent : 03 Sep 2012
Acknowledgement Letter Received : 10 Sep 2012 (Dated: 06 Sep 2012)
Payment Taken Out : 10 Sep 2012 Card payment
Biometric Invitation Letter Received : 01 Nov 2012 (Dated 31 Oct 2012)
Biometric Done : 03 Nov 2012
Rest of the process: Waiting

All the very best of luck to everyone!
Novice's opinions here.

1st bold: Were you legal during the 7 weeks period (which is less than 49 days)? For example, if an applicant finishes an undergrad in June, the visa expires on 31st Oct and the applicant returns to the country, and then the applicant starts a Master's in Jan and the visa starts around the time of xmas (obtained through a British consulate). There is roughly 7 weeks legal gap. I think this gap is acceptable (and reasonable).

2nd bold: I think many people are missing stamps when going out and entering the country. This is not traveller's fault. It's the administrative error that belongs to the home office.

Underlined: The waiting time has been around 8 - 9 months and from one of the previous posts which was based on a document obtained using the information freedom act (or something like that) stated that as of 10th April, 1850 July applications (on Set(O)) are still outstanding/pending. You might have to wait a couple of months to hear from them.

AMH
Junior Member
Posts: 77
Joined: Tue Dec 18, 2012 11:59 pm

Post by AMH » Fri Apr 26, 2013 7:36 pm

4,310 ILR applications received is Sept2012!!
gmx wrote:Aug-12 SET (O) ILR Long Residence (10 years) & Some interesting remarks

2 weeks of Oct-12 Long Residence
gmx wrote:These are from today:
https://www.whatdotheyknow.com/request/ ... 026590.pdf
https://www.whatdotheyknow.com/request/ ... 026406.pdf
https://www.whatdotheyknow.com/request/ ... 026236.pdf

It's not clear when the data are actually generated.

My response to your next question
essentialSalt wrote:If any member has official statistics about recent processing times of the set(O) applications and (of those applications) 10 year residence applications, please post. I would love to see them.

Does anyone also have official documents about what constitutes "compassionate or compelling" cases? The sentence about the compassionate and compelling cases was included in the guideline probably to create some room for interpretation and to give some flexibility/autonomy to caseworkers. Probably, it is not defined for those reasons. But I am just curious if they have official definitions about those terminologies.
7A8M6H

essentialSalt
Junior Member
Posts: 75
Joined: Sat Jan 26, 2013 10:46 pm

Re: September applicant

Post by essentialSalt » Fri Apr 26, 2013 7:59 pm

Mera-IR wrote:Hi,
Thanks for the reply. The visa was expiring last week of March and I applied the first week of March. But because I did not attach the college attendance certificate then they sent me a letter to post it to them and I assume I would have got it back to them soon as. I should have requested for SAR form but the Solicitor I applied through with said not needed.
I wish I knew this forum before applying.
Regarding the stamps, there are also some stamps which have my countries calender dates so would the caseworker need to request information from the consulate of the country?

Kind regards
essentialSalt wrote:
Mera-IR wrote:Hi,
I would like to ask that if you could please have read of the background detail of my previous post? could you please let me know whether it was risky for me to apply for ILR in September 2012 or maybe I would be fine? As the waiting gets longer I come up with assessing all the records.

Wish everyone here all the best!

Many thanks

Mera-IR wrote:Hi all,

SET(O)-10yrs long residence route, (8years student+2yrs PSW)
current visa expired: 31 Sep 2012

-I have 7 weeks gap between second visa expiry and the third one approving. I cannot remember much why, only vaguely remember could be missing college attendance certificate from visa application. Which I sent off to them soon after. I have attached the letter from HO regarding missing college certificate.
-I have also got a stamp missing when entering back to UK on first visit to abroad. Here ,I luckily kept my flight tickets and part of my boarding pass which attached to the application.
-The absence all total comes to 60 days, and I have been abroad for 5 times.

Waiting timeline as follows:
Postal application, Liverpool office
Application Sent : 03 Sep 2012
Acknowledgement Letter Received : 10 Sep 2012 (Dated: 06 Sep 2012)
Payment Taken Out : 10 Sep 2012 Card payment
Biometric Invitation Letter Received : 01 Nov 2012 (Dated 31 Oct 2012)
Biometric Done : 03 Nov 2012
Rest of the process: Waiting

All the very best of luck to everyone!
Novice's opinions here.

1st bold: Were you legal during the 7 weeks period (which is less than 49 days)? For example, if an applicant finishes an undergrad in June, the visa expires on 31st Oct and the applicant returns to the country, and then the applicant starts a Master's in Jan and the visa starts around the time of xmas (obtained through a British consulate). There is roughly 7 weeks legal gap. I think this gap is acceptable (and reasonable).

2nd bold: I think many people are missing stamps when going out and entering the country. This is not traveller's fault. It's the administrative error that belongs to the home office.

Underlined: The waiting time has been around 8 - 9 months and from one of the previous posts which was based on a document obtained using the information freedom act (or something like that) stated that as of 10th April, 1850 July applications (on Set(O)) are still outstanding/pending. You might have to wait a couple of months to hear from them.
You mean leaving Heathrow on 21st April and arriving in your country on 22nd April because of the time difference (for example, in SE Asia, it's 9 hours ahead, isn't it)? I wouldn't worry about it. If your country uses a different calendar, I am sure the home office people can work that out (unless you are the first person ever from that country to apply for a visa in the UK).

I can understand your frustration and banging your head against the brick wall, but there is not much we can do.

Hyper-PK
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Posts: 68
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Location: UK
Contact:

Re: 10 years long ilr and flr m

Post by Hyper-PK » Fri Apr 26, 2013 8:15 pm

Damanisshallo wrote:
Hyper-PK wrote:I my previous discussion on this form i was told that she falls under old rules. and i don't need to fill the section 7A and need to go to section 7B

Correct ... "Not correct"

Note: this is not correct and you fall under new rule and I am afraid to say you have to fill section 7A and meet £18600 Financial requrements.
As we have been to the sheffield PEO yesterday ...I will write my yesterday experience on this forum shortly...so this could be helpfull for other members ....
I think you've been misled. No wonder even the best of lawyers are tumbling over this. Remember, lately we had members who've got their SET(M) processed without switching to FLR(M) whereas others had to get both Apps processed which is the best example of their inconsistency.

I personally would think, if you were affected with the case worker's decision then you were just unlucky. I donno what you've experienced yesterday but If I were you, I'd have asked them to give me what ever they said in written which would make them to double check the rule book (if there was one). The only reason why I am adamant is, on FLR(M) it still says "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".

Additional:- Just spoke to the Home Office with regards to the above and a lady (Bindu) said Dependents who were granted leave before 9th July 2012 do not need to fill in 7A. However, I did mentioned about your experience and said someone I know attended the PEO at Sheffield was told otherwise, to which she said the case worker might've been mistaken and further said "I am reading from the rulebook depending on your query" which was similar to the original OP. (Dependent entered UK April 2012 on PSW dependant and main applicant awaiting ILR on 10 yrs LR Route)
Hi Guys, I have to admit the HO ever-changing immigration rules are really confusing and our enquiry regarding old rule/new rule with reference to finance requirements and probationary period towards settlement was dealt with by junior caseworker then consulted by manager and then senior manager in Sheffield PEO. They even printed out the part 8 rules off homeoffice website, highlighted the change which came into effect after 6th april for PSW or T4 dependent applying for FLRM and decision is final- Dependent on non-settlement route wont be eligible for pre-july old rule.

I dont want to argue who is right or wrong i.e PEO senior caseworkers or UKBA enqury line. I am just trying to share my experience and choice is yours. For people who are T1 or T2 dependent, the partner got settlement on 10 year rule, you really dont need to worry about new rule, just apply for FLRM or SETM if the caseworker is nice enough. (I know if my wife was under T1 dependent, she could have got settlement the same time as she applied for FLRM because the caseworker was really nice and was considering settlment option while looking at our FLRM case). Unfortunately, we were on non-settlement route and after heated discussion among several caseworkers for an hour, they looked confident about their decision on new rule in my case. (it is really funny to see three four of them printing rules off website, highlighted changes, discussing with each other and sometimes on the phone to someone through glass windows lol ).

My advise to people similar to my case, think twice before you apply for FLRM. Its better to prepare for finance requirement as backup. At the end of day, you dont know how your luck will turn out that day and it is certainly not worth risking £1000 PEO fee. In our case, we did complete finance 7A and 7B because we have met £18600 requirement regardless and we even filled in SETM. As soon as all the confusion about new rule/old rule cleared after heated discussion among caseworkers themselves, they processed our application right away under new rule requirements and approved FLRM applicaion in good time and gave wife 30 month visa. We are not really bothered about 2 year or 2.5 years spouse visa because wife is going to complete 10 year next year on her own merit and apply for settlement next year. What a day I have to say lol

dipmm2000d
Junior Member
Posts: 70
Joined: Thu May 03, 2012 8:46 pm

Re: 10 years long ilr and flr m

Post by dipmm2000d » Fri Apr 26, 2013 9:49 pm

Hyper-PK wrote:
Damanisshallo wrote:
Hyper-PK wrote:I my previous discussion on this form i was told that she falls under old rules. and i don't need to fill the section 7A and need to go to section 7B

Correct ... "Not correct"

Note: this is not correct and you fall under new rule and I am afraid to say you have to fill section 7A and meet £18600 Financial requrements.
As we have been to the sheffield PEO yesterday ...I will write my yesterday experience on this forum shortly...so this could be helpfull for other members ....
I think you've been misled. No wonder even the best of lawyers are tumbling over this. Remember, lately we had members who've got their SET(M) processed without switching to FLR(M) whereas others had to get both Apps processed which is the best example of their inconsistency.

I personally would think, if you were affected with the case worker's decision then you were just unlucky. I donno what you've experienced yesterday but If I were you, I'd have asked them to give me what ever they said in written which would make them to double check the rule book (if there was one). The only reason why I am adamant is, on FLR(M) it still says "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".

Additional:- Just spoke to the Home Office with regards to the above and a lady (Bindu) said Dependents who were granted leave before 9th July 2012 do not need to fill in 7A. However, I did mentioned about your experience and said someone I know attended the PEO at Sheffield was told otherwise, to which she said the case worker might've been mistaken and further said "I am reading from the rulebook depending on your query" which was similar to the original OP. (Dependent entered UK April 2012 on PSW dependant and main applicant awaiting ILR on 10 yrs LR Route)
Hi Guys, I have to admit the HO ever-changing immigration rules are really confusing and our enquiry regarding old rule/new rule with reference to finance requirements and probationary period towards settlement was dealt with by junior caseworker then consulted by manager and then senior manager in Sheffield PEO. They even printed out the part 8 rules off homeoffice website, highlighted the change which came into effect after 6th april for PSW or T4 dependent applying for FLRM and decision is final- Dependent on non-settlement route wont be eligible for pre-july old rule.

I dont want to argue who is right or wrong i.e PEO senior caseworkers or UKBA enqury line. I am just trying to share my experience and choice is yours. For people who are T1 or T2 dependent, the partner got settlement on 10 year rule, you really dont need to worry about new rule, just apply for FLRM or SETM if the caseworker is nice enough. (I know if my wife was under T1 dependent, she could have got settlement the same time as she applied for FLRM because the caseworker was really nice and was considering settlment option while looking at our FLRM case). Unfortunately, we were on non-settlement route and after heated discussion among several caseworkers for an hour, they looked confident about their decision on new rule in my case. (it is really funny to see three four of them printing rules off website, highlighted changes, discussing with each other and sometimes on the phone to someone through glass windows lol ).

My advise to people similar to my case, think twice before you apply for FLRM. Its better to prepare for finance requirement as backup. At the end of day, you dont know how your luck will turn out that day and it is certainly not worth risking £1000 PEO fee. In our case, we did complete finance 7A and 7B because we have met £18600 requirement regardless and we even filled in SETM. As soon as all the confusion about new rule/old rule cleared after heated discussion among caseworkers themselves, they processed our application right away under new rule requirements and approved FLRM applicaion in good time and gave wife 30 month visa. We are not really bothered about 2 year or 2.5 years spouse visa because wife is going to complete 10 year next year on her own merit and apply for settlement next year. What a day I have to say lol
They are 100 percent right about the rules for psw and tier 4 dependant they come under new rules from 6th April 2013. At page 11 on the explanatory note of statement of changes, it is mentioned that partner of non settlement route cannot switch under part 8. That means they have to apply under appendix fm which is new rule. Pls read the rules 6 April changes override per-April rules for spouses.

Magic1597
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Posts: 7
Joined: Thu Mar 28, 2013 11:35 pm
Location: London

Re: 10 years long ilr and flr m

Post by Magic1597 » Fri Apr 26, 2013 10:20 pm

dipmm2000d wrote:
Hyper-PK wrote:
Damanisshallo wrote:
Hyper-PK wrote:I my previous discussion on this form i was told that she falls under old rules. and i don't need to fill the section 7A and need to go to section 7B

Correct ... "Not correct"

Note: this is not correct and you fall under new rule and I am afraid to say you have to fill section 7A and meet £18600 Financial requrements.
As we have been to the sheffield PEO yesterday ...I will write my yesterday experience on this forum shortly...so this could be helpfull for other members ....
I think you've been misled. No wonder even the best of lawyers are tumbling over this. Remember, lately we had members who've got their SET(M) processed without switching to FLR(M) whereas others had to get both Apps processed which is the best example of their inconsistency.

I personally would think, if you were affected with the case worker's decision then you were just unlucky. I donno what you've experienced yesterday but If I were you, I'd have asked them to give me what ever they said in written which would make them to double check the rule book (if there was one). The only reason why I am adamant is, on FLR(M) it still says "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".

Additional:- Just spoke to the Home Office with regards to the above and a lady (Bindu) said Dependents who were granted leave before 9th July 2012 do not need to fill in 7A. However, I did mentioned about your experience and said someone I know attended the PEO at Sheffield was told otherwise, to which she said the case worker might've been mistaken and further said "I am reading from the rulebook depending on your query" which was similar to the original OP. (Dependent entered UK April 2012 on PSW dependant and main applicant awaiting ILR on 10 yrs LR Route)
Hi Guys, I have to admit the HO ever-changing immigration rules are really confusing and our enquiry regarding old rule/new rule with reference to finance requirements and probationary period towards settlement was dealt with by junior caseworker then consulted by manager and then senior manager in Sheffield PEO. They even printed out the part 8 rules off homeoffice website, highlighted the change which came into effect after 6th april for PSW or T4 dependent applying for FLRM and decision is final- Dependent on non-settlement route wont be eligible for pre-july old rule.

I dont want to argue who is right or wrong i.e PEO senior caseworkers or UKBA enqury line. I am just trying to share my experience and choice is yours. For people who are T1 or T2 dependent, the partner got settlement on 10 year rule, you really dont need to worry about new rule, just apply for FLRM or SETM if the caseworker is nice enough. (I know if my wife was under T1 dependent, she could have got settlement the same time as she applied for FLRM because the caseworker was really nice and was considering settlment option while looking at our FLRM case). Unfortunately, we were on non-settlement route and after heated discussion among several caseworkers for an hour, they looked confident about their decision on new rule in my case. (it is really funny to see three four of them printing rules off website, highlighted changes, discussing with each other and sometimes on the phone to someone through glass windows lol ).

My advise to people similar to my case, think twice before you apply for FLRM. Its better to prepare for finance requirement as backup. At the end of day, you dont know how your luck will turn out that day and it is certainly not worth risking £1000 PEO fee. In our case, we did complete finance 7A and 7B because we have met £18600 requirement regardless and we even filled in SETM. As soon as all the confusion about new rule/old rule cleared after heated discussion among caseworkers themselves, they processed our application right away under new rule requirements and approved FLRM applicaion in good time and gave wife 30 month visa. We are not really bothered about 2 year or 2.5 years spouse visa because wife is going to complete 10 year next year on her own merit and apply for settlement next year. What a day I have to say lol
They are 100 percent right about the rules for psw and tier 4 dependant they come under new rules from 6th April 2013. At page 11 on the explanatory note of statement of changes, it is mentioned that partner of non settlement route cannot switch under part 8. That means they have to apply under appendix fm which is new rule. Pls read the rules 6 April changes override per-April rules for spouses.
Yes, but if you see the form it clearly states that if you we're granted leave as a partner pre July 2012 then u do not need to complete 7A.

Damanisshallo
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Re: 10 years long ilr and flr m

Post by Damanisshallo » Sat Apr 27, 2013 1:00 am

dipmm2000d wrote:They are 100 percent right about the rules for psw and tier 4 dependant they come under new rules from 6th April 2013. At page 11 on the explanatory note of statement of changes, it is mentioned that partner of non settlement route cannot switch under part 8. That means they have to apply under appendix fm which is new rule. Pls read the rules 6 April changes override per-April rules for spouses.
Sorry, I disagree. It is often very easy to lose the actual meaning if a sentence is broken or read out of context. Below is the complete sentence of which you've partially quoted.
STATEMENT OF CHANGES @ 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.
Please re-read the complete sentence and stress on the word "and" which means both conditions should be true. Now my interpretation of this sentence is, if you are a for ex: PSW/Student dependent then irrespective of how long you've been in this country, you just cannot switch into FLR (M) and sum up your stay as dependant to complete the qualifying period.

On the same page the below quote mentions about transitional provision.
STATEMENT OF CHANGES @ Page 12 wrote:To clarify that the transitional provisions for further applications made by those granted entry clearance or limited leave to enter or remain under Part 8 of the Rules before 9 July 2012 can only be accessed by persons in the UK and subject to the requirements of Part 8 for such applications.
Statutory Warning:Members are advised to make thorough inquiries before acting upon any description displayed on my behalf.
Skydrives, Templates

Hyper-PK
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Posts: 68
Joined: Fri May 25, 2012 9:35 am
Location: UK
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Re: 10 years long ilr and flr m

Post by Hyper-PK » Sat Apr 27, 2013 7:44 am

Hi guys, apologies to have raised this never-ending new / old rules once again. I just wanted to share my personal experience on applying for flm after new change came into effect. I hope it will be helpful for other people similar to our case. Of course as I said, choice is yours. Anyone else who applies for flrm after 6th April is more than welcome to share their different peo experience. But for now let's not hijack this 10 year ilr post and again good luck to anyone who is still waiting for their ilr.

Lapis
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Approved

Post by Lapis » Sat Apr 27, 2013 9:39 am

Good morning peeps,

I got approval letter this morning (Set O)

Applied: 14 Sep 2012
Ack: 17 Sep 2012
Biometrics: 22 November 2012
Approval: 24 April 2013
Passports: 27 April 2013
BRP: waiting

I like to appreciate inputs of everyone in this forum. I must say, I draws my comfort and strength from this forum when I was weak. It has been a bumping and looooong journey but God is faithful.

I sent complaints letters, emails and fax and got no response. I contacted my Labour MP also nothing happen. Until I was inspired by post of Idiot spammer to contact the ministers and co. got response back 2 days after and the rest now story. I called UKBA yesterday to expect robotic response but I was told a pack on the way for me, I was so happy finally but trust me, yesterday night was one of the longest in my life.

For all still waiting, you will get good news and it will be soon. Again, I am happy, I can begins to sleep very well from now on.

Thank you all.

adkh2_1
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With Grace of Almighty ILR Approved

Post by adkh2_1 » Sat Apr 27, 2013 10:45 am

Hi All,


with the help of Almighty God, i received my ILR Approval and Passports back this morning.. still waiting on BRP.

my timeline is below.

Form SET(O)

Applied 21/0/9/21012
Ack Letter received 25/09/2012
Bio-Metrics invitation/done 29/11/2012
ILR Approval/Passports received 27/04/2013
BRP still awaiting...

for the purpose of info, i didn't send any emails, faxes or anything just waited patiently and prayed to God that is all...

its been long wait and at times frustrating, but this forum has been very helpful....

Thank you all, and good luck to the ones who are still waiting...
Patience and Gratitude are best tools to have in life....

Damanisshallo
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Re: 10 years long ilr and flr m

Post by Damanisshallo » Sat Apr 27, 2013 11:16 am

Hyper-PK wrote:apologies to have raised this never-ending new / old rules once again.
You don't have to. In fact by letting your experience, you've helped many more like you. So members know exactly what documents they need to carry along to educate the Caseworkers (including their Supervisors and Managers)

Here is another heights of inconsistency from the case workers.
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DB12
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Re: SET - O (10 years) - FLR-m

Post by DB12 » Sat Apr 27, 2013 11:22 am

Hi All,
my wife had applied for FLR-M

here is the her application timeline.

Application posted - 5th April 13
Acknowledgement - 15th April 13
Biometric letter - 19th April 13 (dated 16th April)
Biometrics submitted - 20th April 13
passport & DOCs received - Awaiting
Biometric CARD - Awaiting.


hi all,

today I received my wifes approval for FLR-m

complete time line is as below

Application posted - 5th April 13
Acknowledgement - 15th April 13
Biometric letter - 19th April 13 (dated 16th April)
Biometrics submitted - 20th April 13
passport & DOCs received - 27 April 13
Biometric CARD - Awaiting.

it is big surprise the whole application considered in 22 days since applied. it seems to be UKBA is improving on process.

as my set-0 (10 years long residence) application was awaiting decision at the time of application and when I received approval on my SET-O application I wrote to ukba on Thursday regarding if I need to send my original passport etc. but I don't think so they have received it yet.

surprise is on approval letter they have mentioned that my wife will have to complete 60months to qualify for indefinite leave to remain. my wife came to uk in 2009 on PSW dependant and she has also completed 2 years on tier-1 General (HSMP) dependant visa. that means she is qualified for indefinite leave to remain.

can anyone suggest me what to do next.

dipmm2000d
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Re: 10 years long ilr and flr m

Post by dipmm2000d » Sat Apr 27, 2013 11:28 am

Damanisshallo wrote:
dipmm2000d wrote:They are 100 percent right about the rules for psw and tier 4 dependant they come under new rules from 6th April 2013. At page 11 on the explanatory note of statement of changes, it is mentioned that partner of non settlement route cannot switch under part 8. That means they have to apply under appendix fm which is new rule. Pls read the rules 6 April changes override per-April rules for spouses.
Sorry, I disagree. It is often very easy to lose the actual meaning if a sentence is broken or read out of context. Below is the complete sentence of which you've partially quoted.
STATEMENT OF CHANGES @ 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.
Please re-read the complete sentence and stress on the word "and" which means both conditions should be true. Now my interpretation of this sentence is, if you are a for ex: PSW/Student dependent then irrespective of how long you've been in this country, you just cannot switch into FLR (M) and sum up your stay as dependant to complete the qualifying period.

On the same page the below quote mentions about transitional provision.
STATEMENT OF CHANGES @ Page 12 wrote:To clarify that the transitional provisions for further applications made by those granted entry clearance or limited leave to enter or remain under Part 8 of the Rules before 9 July 2012 can only be accessed by persons in the UK and subject to the requirements of Part 8 for such applications.

That makes sense but could you also please check para 284 under part 8 which is the rule for switching into spouse of a settle person and they excluded tier 4 dependant to be considered under this para. Thanks

dupuytren
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Post by dupuytren » Sat Apr 27, 2013 11:39 am

For those awainting BRP...


Got my passports back on 24/4/13.

Got a letter from DX today (27/4/13) saying that my BRP is now available for delivery and I have to organise delivery with DX (online), which is kinda annoying for me as I took Monday off thinking it was arriving on Monday. Now I am trying to book for first delivery and it's not available until Tuesday onwards and I will have be at work all week! *There isn't an option for 'collection' or delivery to another address as it is the first delivery* Now hafta pay £6.10 for Saturday delivery :(

So moral of the story: Your BRP will not be delivered automatically, you will just receive a letter prompting you to book a specific day. Annoying for me but might be helpful to the rest of you....good luck

Sanji100
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Post by Sanji100 » Sat Apr 27, 2013 1:36 pm

Finally the wait is over. Thanks god, I got a call from the lawyer yesterday confirming receipt of ILR confirmation.

Both my wife and I applied in July 2012 and it has taken 9 months for the UKBA to process our applications.

I had a gap of 11 days in one visa renewal but I was able to back it up with prooof as there was a Royal Mail postal strike during that time.

Another visa renewal applicaion was returned invalid as I submitted the wrong application form on the same day my leave was expiring. However, I managed to post the correct application on the same day.

I sincerely hope all who are waiting will get their good news as a soon as possible. I know it is dificult but pls be patient it will be your turn next.

I'd like to say a big thank you to this forum as it was mighty pillar throughtout this difficult nine month period.

Can a kind person pls update the sky drive with these information.

Damanisshallo
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Re: 10 years long ilr and flr m

Post by Damanisshallo » Sat Apr 27, 2013 2:35 pm

dipmm2000d wrote:could you also please check para 284 under part 8 which is the rule for switching into spouse of a settle person and they excluded tier 4 dependant to be considered under this para. Thanks
No where does it says this is in retrospection with, hence the need of Transitional provisions and interaction between Part 8 and Appendix FM
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kaalimurgi
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ILR

Post by kaalimurgi » Sat Apr 27, 2013 2:41 pm

@settlement now,
gsingh
essential salt
and other August warriors

How is everything. What are your MP's doing? any response yet. Pls update

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