FLR(M) approved, almost 10 years here - What Now?...

[coco__nutty]

Hi all,

So, I got my FLR(M), which was such a relief and amazing news!
What I am trying to get my head round now is:

Arrived in UK - September 2003 (student)
Completed (Under/PostGrad) Studies - October 2010
Applied for PSW - October 2010
Visa Refused - 31.12.10 (!) (on grounds that I didn't maintain £900 for 3 months, despite having £3.5k in my savings account. HO argued (in refusal and in front of the judge!!!) that where it said 'in credit', it meant I OWED that money to the bank!
Won Oral Appeal March 2011
PSW Stamped April 2011
Married (30) March 2013 (long-term relationship, lived together for 4 years, plenty of proof, my husband alone (and me alone until I lost my right to work through invalid application) earns well over the £18.5k requirement
Applied for FLR(M) 19.04.13
PSW Expired 19.04.13
Application Returned Invalid 26.04.13
Re-Applied 27.04.13
BRP Issued 21.05.13

I believe usually I would need to wait 2 years, apply for FLR(M) extension... then I coul start thinking about ILR's and passports... however, as in September this year I will have been here for 10 years, does that mean anything in my situation?
The point that worries me the most is periods of wait for my appeal in 2010/2011 and also the 31 days this month that I was an 'overstayer' while waiting for my FLR(M).
I am just cautious of them changing rules every April, making it more difficult and a longer process for settling here, so would love to get this sorted as soon as I am eligible.

I don't think I'd be applying for anything long-term until my current FLR(M) is close to expiration, but would be good to know...

Any wisdom?
Thank You!

[Amber]

Hi all,

So, I got my FLR(M), which was such a relief and amazing news!
What I am trying to get my head round now is:

Arrived in UK - September 2003 (student)
Completed (Under/PostGrad) Studies - October 2010
Applied for PSW - October 2010
Visa Refused - 31.12.10 (!) (on grounds that I didn't maintain £900 for 3 months, despite having £3.5k in my savings account. HO argued (in refusal and in front of the judge!!!) that where it said 'in credit', it meant I OWED that money to the bank!
Won Oral Appeal March 2011
PSW Stamped April 2011
Married (30) March 2013 (long-term relationship, lived together for 4 years, plenty of proof, my husband alone (and me alone until I lost my right to work through invalid application) earns well over the £18.5k requirement
Applied for FLR(M) 19.04.13
PSW Expired 19.04.13
Application Returned Invalid 26.04.13
Re-Applied 27.04.13
BRP Issued 21.05.13

I believe usually I would need to wait 2 years, apply for FLR(M) extension... then I coul start thinking about ILR's and passports... however, as in September this year I will have been here for 10 years, does that mean anything in my situation?
The point that worries me the most is periods of wait for my appeal in 2010/2011 and also the 31 days this month that I was an 'overstayer' while waiting for my FLR(M).
I am just cautious of them changing rules every April, making it more difficult and a longer process for settling here, so would love to get this sorted as soon as I am eligible.

I don't think I'd be applying for anything long-term until my current FLR(M) is close to expiration, but would be good to know...

Any wisdom?
Thank You!

If you have been legally resident in the UK for ten year then you can apply under the long residency rules - set(lr). However, only 28 days overstaying can be disregarded, so you need to work out your overstaying period accurately. Why was the flr(m) returned as invalid?

[coco__nutty]

If you have been legally resident in the UK for ten year then you can apply under the long residency rules - set(lr). However, only 28 days overstaying can be disregarded, so you need to work out your overstaying period accurately. Why was the flr(m) returned as invalid?

Hi D4109125,

Thanks for your response!

Well, I 'presume' as my PSW expired 19th April and FLR(M) started 21st May, it's days between (exclusive of) these dates that would count - correct?
That was just a rough count (did use a calendar, but didn't double-check it or anything)...

So, what if that's the case and my calculation of 31 days is correct?
It was definitely (just) over 28 unfortunately

Application was returned invalid as I used the old form and although they give you a 'grace' period til 27th of April to use the old form, fee amount should have been correct (only £10 difference - I CRIED!).


So, to summarise, APART from the above-mentioned 31 day period AND (does this 'count'?) the time awaiting decision on my appeal, which was won succesfully, on September 19th this year I will have been in the UK legally for a period of 10 years..

Thanks again for your insight!

[vinny]

Application Returned Invalid 26.04.13

Why?

[coco__nutty]

Application Returned Invalid 26.04.13

Why?

Vinny,

Application was returned invalid as I used the old form and although they give you a 'grace' period til 27th of April to use the old form, fee amount should have been correct (only £10 difference - I CRIED!).


Thank You

[Amber]

If you have been legally resident in the UK for ten year then you can apply under the long residency rules - set(lr). However, only 28 days overstaying can be disregarded, so you need to work out your overstaying period accurately. Why was the flr(m) returned as invalid?

Hi D4109125,

Thanks for your response!

Well, I 'presume' as my PSW expired 19th April and FLR(M) started 21st May, it's days between (exclusive of) these dates that would count - correct?
That was just a rough count (did use a calendar, but didn't double-check it or anything)...

So, what if that's the case and my calculation of 31 days is correct?
It was definitely (just) over 28 unfortunately

Application was returned invalid as I used the old form and although they give you a 'grace' period til 27th of April to use the old form, fee amount should have been correct (only £10 difference - I CRIED!).


So, to summarise, APART from the above-mentioned 31 day period AND (does this 'count'?) the time awaiting decision on my appeal, which was won succesfully, on September 19th this year I will have been in the UK legally for a period of 10 years..

Thanks again for your insight!

As:

"…the question of whether it [an application] was accompanied by accurate billing data can be answered only by the respondent. In those circumstances, we conclude that the evidential burden of demonstrating that the application was not "accompanied by such authorisation (of the applicant or other person purporting to pay) as will enable the respondent to receive the entire fee in question” must fall on the respondent. We reach this conclusion both by application of first principles - the party that asserts a fact should normally be the one who demonstrates it; and because the respondent is responsible for the procedure to be used in postal cases, and the features noted above prevent both the issue of a prompt receipt and an opportunity to understand why payment was not processed. An applicant is not present when an attempt to process payment is made, and has no way of later obtaining the relevant information.

Therefore, applications should not be rejected as invalid by the UKBA on the basis that it was not possible to obtain payment. The UKBA should provide proof that the application itself was invalid. There may be scope for you to argue that your application was not invalid. You should perhaps seek professional advice as the overstay period may prevent you from applying for settlement under the long residency rules.

[coco__nutty]

Therefore, applications should not be rejected as invalid by the UKBA on the basis that it was not possible to obtain payment. The UKBA should provide proof that the application itself was invalid. There may be scope for you to argue that your application was not invalid. You should perhaps seek professional advice as the overstay period may prevent you from applying for settlement under the long residency rules.

Would you advise that this is something I should address pretty immediately, or when it comes to considering an ILR application?...

I do still have a copy of the original application (returned as invalid) and the letter they sent me claiming it was invalid as the fee specified was not correct. Will keep them for reference, should it ever come to questioning this period.

[Kitty]

The guidance for long residence applications doesn't say how the allowable 28-day overstay period will be calculated.

However, the guidance on calculating continuous residence in PBS cases says:

The 28 day period of overstaying is calculated from the latest of the:
 end of the last period of leave to enter or remain granted
 end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
 point a migrant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for leave to remain.

p.24 Indefinite Leave to Remain - Calculating continuous period in the UK
http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/

If that applies consistently, then it could be worth arguing that you should be treated as only haveing a 1-day overstay, as you applied in time, and re-applied the day after you received the notice of invalidity.

[coco__nutty]

The guidance for long residence applications doesn't say how the allowable 28-day overstay period will be calculated.

However, the guidance on calculating continuous residence in PBS cases says:

The 28 day period of overstaying is calculated from the latest of the:
 end of the last period of leave to enter or remain granted
 end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
 point a migrant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application for leave to remain.

p.24 Indefinite Leave to Remain - Calculating continuous period in the UK
http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/

If that applies consistently, then it could be worth arguing that you should be treated as only haveing a 1-day overstay, as you applied in time, and re-applied the day after you received the notice of invalidity.

Thanks kitty!

IF they stick with claiming my overstay was 31 days... Does it mean I have to start my timeline from scratch (start of FLR(M)) or add another 31 days to my 10 year 'anniversary' in september?....