10 Years Long Residence Inquiry

[skashif87]

A. My husband has been a Tier 4 student where his tenure of 10 years will be completed by January 2014.

B. I joined him in UK in March 2007 as a student dependant and have travelled back homeland twice.

C. We've two children born here in December 2007 and August 2012. The eldest one has travelled abroad twice though the youngest one has only birth certificate made no passport or ID card made for her.

Question 1: Can we apply for ILR - Long Residency via Premium Appointments or they are only accepted as postal applications?

Question 2: I know dependants can't apply together with the main applicant. So after my husband gets the visa how can we apply for wife and children?

Question 3: Can dependants apply in Premium appointments?

[vinny]

1. Postal.
2. FLR(M). English Language required.
3. Only if after the Long Residence applicant is granted ILR.

[Amber]

If the children do not intend to travel, then skip getting them dependant leave and instead register them as British by virtue of section 1(3) on form MN1 when either parent is granted ILR.

[Tier 4]

Sorry to chip-in,

Just need to ask if a British born child stay out of Britain for let say 4 months does his registration as a British Citizen by section 1(3) on form MN1 can get effected once his parent gets their ILR.

(I have a son born here in UK and hoping to go back home for 4 months I will apply ILR soon)

[Amber]

Sorry to chip-in,

Just need to ask if a British born child stay out of Britain for let say 4 months does his registration as a British Citizen by section 1(3) on form MN1 can get effected once his parent gets their ILR.

(I have a son born here in UK and hoping to go back home for 4 months I will apply ILR soon)

No. The child will still be entitled to register whenever you are granted ILR. The child could apply abroad or you can do it in the UK whilst s(he) is abroad.

[Tier 4]

Sorry to chip-in,

Just need to ask if a British born child stay out of Britain for let say 4 months does his registration as a British Citizen by section 1(3) on form MN1 can get effected once his parent gets their ILR.

(I have a son born here in UK and hoping to go back home for 4 months I will apply ILR soon)

No. The child will still be entitled to register whenever you are granted ILR. The child could apply abroad or you can do it in the UK whilst s(he) is abroad.

Many thanks

[skashif87]

Thanks for the guidance!

[skashif87]

Another confusion arises which is as follows copied from UKBA website:

A. You told us that you are a migrant student. There is no right to settlement for students unless you have been here for more than 10 years, in which case you should use form SET(O).

B. Form SET(O)
Form SET(O) is for many other types of settlement applications. You can currently use form SET(O) if you are in one of the following immigration categories and you have been living in the UK in a relevant category for 5 years:

Tier 1 or Tier 2 of the points-based system (excluding the Post-study work category of Tier 1)
work permit holder
businessperson
innovator
investor
representative of an overseas newspaper, news agency or broadcasting organisation
private servant in a diplomatic household
domestic worker in a private household
overseas government employee
minister of religion, missionary or member of a religious order
airport-based operational staff of an overseas-owned airline
self-employed lawyer
writer, composer or artist
UK ancestry
highly skilled migrant under the Highly Skilled Migrant Programme (HSMP) - but if you applied to the HSMP before 3 April 2006 and came to the UK on the basis of that application, you can apply after you have been in the UK for only 4 years.

C. Form SET(LR)

You can use form SET (LR) to apply to settle here if you have been legally resident in the UK for a continuous period of 10 years.

Question: Which one is the correct form for the main applicant?

[Amber]

SET(LR) for 10 years residence. FLR(M) for the dep asking for a decision to be made after the SET(LR) [is the dep visa expires before the SET(LR) decision is made].

[skashif87]

My dependant visa is valid until early 2015. So is it FLR (M) only?

[skashif87]

Hello,
My husband had applied for the 10 Year Long Residency, now I have few other questions:

1. After he recieves his ILR then shall I register the children first through MN1 or get myself visa through FLR-M?

2. My husband works Cash in hand. For FLR-M the annual maintenance cost is £18,600. How are we suppose to evidence our finances and for how many months as we don't have a fixed salaried job.

[Amber]

The financial requirement of £18600 will not apply to you as you are under Part 8 and the old rules. It makes no difference when you register the children as the family unit will include the children either way.

[skashif87]

Please could you give me the link or show something about this Part 8 and Old rules.

[Amber]

See also, transitional provisions (click).

[skashif87]

Thanks Amber. I read it very carefully. It was mentioned in Immigration Rules 319E b(i), c(i) and d(i). If I'm not suppose to evidence any finances or bank statements what else in documentation is necessary?

[Amber]

The last 3 months wage slips and corresponding bank statements.

[skashif87]

Wage slips aren't there so just the bank statements would do? How much money are we suppose to show for the three months?

[Amber]

No specific figure, why no wage slips?

[skashif87]

Amber, i mentioned earlier that my husband works cash in hand job. So for that reason there are no wage slips at all!

[Amber]

Even if cash in hand, if he's employed, by law, he's entitled to a wage slip. Is this legal work I.e. At or above the NMW

[skashif87]

Yes it's legal but it has no record. He gets the money in a week or sometimes in two weeks time and then deposits into the bank. So there is no slip involved.

[Amber]

So is he employed or self-employed?