Long residence eligibility

[PoojaL]

Hello all,

I came in the UK 5/2/2012 on PBS dependent,
Another extension was until May 2016 on PBS dependent
Then because they rejected my husband 's ILR they put us on FLR FP on exceptional circumstances , and I am his dependent.
My question was I have one latest extension of FLR FP is pending till now and I am going to complete my 10years on 5th Feb 2022 , is it possible to vary my FLR FP application to Long residence?
Am I eligible for it ? or do i have to complete another 10years on flr fp?
If I am eligible now but my passport is expired in December 2021 and I have my appointment booked on 31st January for renewal, do they accept expired passport for variation of application?
I am so confused please help

Many thanks in advance,if anyone helps would be great.

[vinny]

What were the time line and circumstances between your PBS dependant and FLR(FP)?

[PoojaL]

What were the time line and circumstances between your PBS dependant and FLR(FP)?

Hello Vinny,
I initially applied in May 2016 with my husband as a dependent on his ILR
but unfortunately they took a decision in January 2019 to refused his ILR and granted 30 months leave as we have a daughter with special needs.
They granted 30 months on their own on exceptional circumstances so we didn't need to reapply . So we didn't had any break between any visa's.
Please also look for my expired passport query
Thank you so much
Looking forward your reply

[zimba]

An expired passport is not an issue. UKVCAS accepts different ID documents

Alternative forms of photographic ID may include:

National ID card
Expired (but not cancelled) passport or biometric residence permit or card
Government issued photographic ID such as UK photographic driving licenses (full or provisional)
Convention travel document (CTD), Certificate of identity document (CID) or Stateless person document (SPD).
If you do not have alternative photographic ID:

Bring any other official document that contains your personal details, such as an immigration status document from the Home Office or a full birth certificate

https://www.ukvcas.co.uk/faq

[vinny]

Yes. I think it’a possible to vary your undecided FLR(FP) application to SET(LR), subject to KoLL, etc., with an expired passport, relying on 34(5)(b)

(ii) if the applicant does not have a valid passport or national identity card, their most recent passport or (except a PBS applicant) their most recent national identity card; or

[PoojaL]

An expired passport is not an issue. UKVCAS accepts different ID documents

Alternative forms of photographic ID may include:

National ID card
Expired (but not cancelled) passport or biometric residence permit or card
Government issued photographic ID such as UK photographic driving licenses (full or provisional)
Convention travel document (CTD), Certificate of identity document (CID) or Stateless person document (SPD).
If you do not have alternative photographic ID:

Bring any other official document that contains your personal details, such as an immigration status document from the Home Office or a full birth certificate

https://www.ukvcas.co.uk/faq

Thank you very much

[PoojaL]

Yes. I think it’a possible to vary your undecided FLR(FP) application to SET(LR) with an expired passport, relying on 34(5)(b)

(ii) if the applicant does not have a valid passport or national identity card, their most recent passport or (except a PBS applicant) their most recent national identity card; or

Thanks a lot
Can i vary it today? I entered in the uk 5th Feb 2012
Am I eligible today to vary my application?

[vinny]

Do you satisfy KoLL, etc?

[PoojaL]

Do you satisfy KoLL, etc?

I am sorry but what is KoLL?

[vinny]

Do you satisfy KoLL, etc?

Knowledge of language and life
Please click on the unlined link for more information.

[PoojaL]

Do you satisfy KoLL, etc?

Knowledge of language and life
Please click on the unlined link for more information.

Yes I did life in the uk in 2016 and B1 language test from trinity college in 2016
I red somewhere that if English test is done from recognised institute then it doesn't have to be recent
Is that true?

[vinny]

Regarding the B1 English language, neither PBS dependant nor FLR(FP) (D-LTRP.1.2., exceptional circumstances, 10 year route) requires English language.

If you fail 2.2, including

(b) the applicant-

• (i) has limited leave to enter or remain in the UK, and
• (ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
• (iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State.

then you may require a new B1 English language test.

Your Life in the UK test has no expiry date and should be okay.

[PoojaL]

Regarding the B1 English language, neither PBS dependant nor FLR(FP) (D-LTRP.1.2., exceptional circumstances, 10 year route) requires English language.

If you fail 2.2, including

(b) the applicant-

• (i) has limited leave to enter or remain in the UK, and
• (ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
• (iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State.

then you may require a new B1 English language test.

Your Life in the UK test has no expiry date and should be okay.

Actually when my husband had 5yrs on tier 1 we both applied for ilr in May 2016 then he varied to LR in September 2017 and I varied to his dependent.
So I took the both tests in 2016 to apply for ILR and submitted tests certificates.

[vinny]

However, none of your leave was given on the basis that you had an English language qualification and the test is now over two years old.

[PoojaL]

However, none of your leave was given on the basis that you had an English language qualification.

Okay, when I checked on trinity collage website it is showing that I need to have a valid passport to give English test and my passport has expired now.
Is there any possibility that I can apply then wait for my passport to come and then give test and provide certificate to ukvi.

[vinny]

Acceptable documents

Contact the Home Office if you do not have a valid identity document.

[PoojaL]

Acceptable documents

Contact the Home Office if you do not have a valid identity document.

I have checked with them . They only accept valid passport and not the expired one
I do not have anything else as a photo I'd in the list.
For the test I have to wait until I receive my new Passport.
What is your suggestion to wait until I get Passport or I can apply and vary my application to LR now and can submit b1 test later once I receive my passport?

[vinny]

You could vary to ILR with an outdated test. If they are unsatisfied, then they may give you a time-limited opportunity to correct the defect. But it’s a risk, if they decide to refuse prior to you completing ten years.

[PoojaL]

You could vary to ILR with an outdated test. If they are unsatisfied, then they may give you a time-limited opportunity to correct the defect. But it’s a risk, if they decide to refuse prior to you completing ten years.

What if I took another test while given opportunity to submit all the documents, last time they gave us 2 months time to book biometrics and submit documents after application was submitted,so until and unless we don't reach to the deadline of submitting documents they would not see the documents.
Is my thinking correct? Or is there still risk?
I have already given my biometric for current application, do they ask biometric again? If no then how much time they provide only to submit documents?
If the test date is after application submission date would that be a problem?

[PoojaL]

You could vary to ILR with an outdated test. If they are unsatisfied, then they may give you a time-limited opportunity to correct the defect. But it’s a risk, if they decide to refuse prior to you completing ten years.

.


What if I took another test while given opportunity to submit all the documents, last time they gave us 2 months time to book biometrics and submit documents after application was submitted,so until and unless we don't reach to the deadline of submitting documents they would not see the documents.
Is my thinking correct? Or is there still risk?
I have already given my biometric for current application, do they ask biometric again? If no then how much time they provide only to submit documents?
If the test date is after application submission date would that be a problem?

Hello,

I am sorry for disturbing again.
But desperately want a way to vary my application to LR to save my fees. And also to gain days until i receive my renewed passport. But really confused what to do. Kindly help me to show me some ways.
Many thanks in advance for all the answers.

Can anyone also please explain me the below paragraph for expired English language certificate acceptance specially the line in bracket ( )-

32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.

[meself2]

I might be wrong, but here it mentions

32D. If an applicant applying for limited leave to enter or remain

while you're aiming to apply for an indefinite one.

[PoojaL]

I might be wrong, but here it mentions

32D. If an applicant applying for limited leave to enter or remain

while you're aiming to apply for an indefinite one.

Ohh yes you are correct I am looking to vary it for long residence.
I want to vary the application ASAP so that I can save some money and also no need to apply twice.
If someone can help me -
I was thinking to vary it now and then once I get my renewed Passport I will upload my b1 certificate.
I don't know if I am correct but once you submit the application you will get few weeks until you upload documents and give biometric so this is where I can gain some time, can someone correct me if I am wrong?

Thank you very much

[PoojaL]

Hello All,

I have decided to wait until I get my renewed Passport and B1 certificate , and if I am lucky enough then I will vary my current application to LR.
But I need your help on few questions-

1. If I varied with super priority and if it got approved, then can withdrawn my child's application? So that she can apply for naturalisation directly.

2. My Husband is a main applicant on FLR FP and I am his dependent so when I will vary my application to Set LR , do I have to change his application also to FLR M?

3. If both above questions answer is yes then Can i withdrawn my child's application and vary mine & my husband 's all together on the same day before I get approval for ILR?

4. We have an another daughter of 9 months old, we haven't applied anything for her yet, would that be a problem? Because every application has questions for child's immigration status. And I just mentioned doesn't applied for her passport yet.

5. Do I need to send any email to ukvi to notify them about the variation of application? If yes do you know any email I'd for this?

6. Do I need to wait to see if they are considering my new application? Or it will automatically get varied on the same day of submission?

7. Can I vary mine by super priority and separately for my husband in standard service?

Thank you very much

Thank You

[PoojaL]

Hello All,

I have decided to wait until I get my renewed Passport and B1 certificate , and if I am lucky enough then I will vary my current application to LR.
But I need your help on few questions-

1. If I varied with super priority and if it got approved, then can withdrawn my child's application? So that she can apply for naturalisation directly.

2. My Husband is a main applicant on FLR FP and I am his dependent so when I will vary my application to Set LR , do I have to change his application also to FLR M?

3. If both above questions answer is yes then Can i withdrawn my child's application and vary mine & my husband 's all together on the same day before I get approval for ILR?

4. We have an another daughter of 9 months old, we haven't applied anything for her yet, would that be a problem? Because every application has questions for child's immigration status. And I just mentioned doesn't applied for her passport yet.

5. Do I need to send any email to ukvi to notify them about the variation of application? If yes do you know any email I'd for this?

6. Do I need to wait to see if they are considering my new application? Or it will automatically get varied on the same day of submission?

7. Can I vary mine by super priority and separately for my husband in standard service?

Thank you very much

Thank You

Hello All,

Kindly guide me on above questions
I have received my renewed Passport today and booked my B1 test on Thursday so as soon as I receive my test result I will vary my current application to LR with super priority.
Please help me with your guidance to go correct and have a successful application

Thanks in advance

[PoojaL]

Hello All,

I have decided to wait until I get my renewed Passport and B1 certificate , and if I am lucky enough then I will vary my current application to LR.
But I need your help on few questions-

1. If I varied with super priority and if it got approved, then can withdrawn my child's application? So that she can apply for naturalisation directly.

2. My Husband is a main applicant on FLR FP and I am his dependent so when I will vary my application to Set LR , do I have to change his application also to FLR M?

3. If both above questions answer is yes then Can i withdrawn my child's application and vary mine & my husband 's all together on the same day before I get approval for ILR?

4. We have an another daughter of 9 months old, we haven't applied anything for her yet, would that be a problem? Because every application has questions for child's immigration status. And I just mentioned doesn't applied for her passport yet.

5. Do I need to send any email to ukvi to notify them about the variation of application? If yes do you know any email I'd for this?

6. Do I need to wait to see if they are considering my new application? Or it will automatically get varied on the same day of submission?

7. Can I vary mine by super priority and separately for my husband in standard service?

Thank you very much

Thank You

Hello All,

Kindly guide me on above questions
I have received my renewed Passport today and booked my B1 test on Thursday so as soon as I receive my test result I will vary my current application to LR with super priority.
Please help me with your guidance to go correct and have a successful application

Thanks in advance

Please help me