Further Leave to Remain (How long have you been waiting)

[nethlewy]

I submitted an application for my wife's further leave to remain visa in late September 09 and she gave the Biometric information in mid December 09.

We have heard nothing since and they still have our passports and documents. I was wondering if anyone else is in a similar situation and what the current processing times are.

[Bluebirdjones]

Our FLR took 12 weeks from submission to final receipt.
(first week Sept 09 - first week Dec 09)

What puzzles me, is why it took u 2+mnths to arrange a biometrics appointment ?

If memory serves me, when u receive confirmation of receipt of your FLR application,
doesn't the letter give u a time limit to apply for & arrange the biometrics ?

Without the biometrics, I guess that they've not even bothered to look at the application,
and it was returned to the bottom of the pile.
U could be looking at mid-late February.

[nethlewy]

What puzzles me, is why it took u 2+mnths to arrange a biometrics appointment ?

If memory serves me, when u receive confirmation of receipt of your FLR application,
doesn't the letter give u a time limit to apply for & arrange the biometrics ?



After submitting all the documents required in late September we received a letter around mid November informing us to make an appointment at a Biometric Enrolment Centre.

The letter said that an appointment must be made within fifteen days of the date of the letter, which only left ten days in which to make the appointment.

When I called the number provided to make an appointment and told them my wife could only attend at certain times as she was working and the distance to travel was over 100 miles so we could not arrive before 11am I was told that if she could not attend within the fifteen days an appointment could be made later than this. I made the appointment for mid December around a month after the date of the letter.

Looking around at other forums and a freedom of information request (on waiting times for FLR which was refused) I can see that we could be waiting for up to 14 weeks from submiission of Biometrics.

I tried calling Borders Agency for info on any progress of the application but was told that applications can take up to fourteen weeks from submission of Biometric Information which is the first stage. When I replied that this could mean waiting a further ten weeks I was told "possibly".

This would take us into April a processing time of over six months in total.

[Bluebirdjones]

After submitting all the documents required in late September we received a letter around mid November informing us to make an appointment at a Biometric Enrolment Centre.

... Yeah, a few people seem to have suffered this, a big delay in the letter mentioning the biometrics. We got ours almost immediately.... it was included on the letter confirming receipt of the application form.


When I called the number provided to make an appointment and told them my wife could only attend at certain times as she was working
.... working ? PLEASE BE CAREFUL ! My understanding is that your wife cannot officially work until the FLR is granted.

[nethlewy]

.... working ? PLEASE BE CAREFUL ! My understanding is that your wife cannot officially work until the FLR is granted.[/QUOTE]



My wife has been here since October 07 on a Spouses Settlement Visa and is entitled to work (NI No.). We are applying for FLR and not ILR because she has not yet passed the Life in the UK examination.

[Bluebirdjones]

... aahhhh..... now I understand.

Best wishes on the FLR

[LittleFingers]

... aahhhh..... now I understand.

Best wishes on the FLR

so - what are you entitled to once you are granted the FLR? - Can you sign on whilst looking for a job etc?

thanks

[Bluebirdjones]

To clarify... if u arrive on a fiancee visa, you CANNOT work until the FLR is granted.

Once granted, I assume that u can "sign on", but it will do you no good, as the terms of
your further leave to remain state "no recourse to public funds" .... hence NO
unemployment benefit.

[Arthur Little]

Can you sign on whilst looking for a job etc?

thanks

:NoNo: ... 'fraid not, NO! Unfortunately, you can only do so once you have been granted Indefinite Leave to Remain/Permanent Residence. Only THEN, would you be eligible to claim Unemployment Benefit ... or *Income-Based Jobseekers' Allowance [payable from public funds] *as it's now called.

[nethlewy]

:NoNo: ... 'fraid not, NO! Unfortunately, you can only do so once you have been granted Indefinite Leave to Remain/Permanent Residence. Only THEN, would you be eligible to claim Unemployment Benefit ... or *Income-Based Jobseekers' Allowance [payable from public funds] *as it's now called.



This is not strictly true as you could be eligible to receive contribution based JSA (Job Seekers Allowance) if you have previously paid enough National Insurance contributions to qualify. Most people on this forum will have Indefinite Leave to Remain by the time this is the case. Contribution Based JSA is not classed as Public Funds. Non-contribution based JSA is classed as Public Funds.

[nethlewy]

so - what are you entitled to once you are granted the FLR? - Can you sign on whilst looking for a job etc?

thanks


You are not entitled to receive Public Funds whilst in the UK with a Spouses Settlement Visa or FLR Visa. Description of Public Funds can be found here

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/residency/publicfunds.pdf

[pennybarry]

:NoNo: ... 'fraid not, NO! Unfortunately, you can only do so once you have been granted Indefinite Leave to Remain/Permanent Residence. Only THEN, would you be eligible to claim Unemployment Benefit ... or *Income-Based Jobseekers' Allowance [payable from public funds] *as it's now called.

Even if you're holding ILR, the chance of claiming JSA is little if your NI contributions doesn't reached their required quota.
You need to work hard for it to be entitled to JSA benefits.

[nethlewy]

Even if you're holding ILR, the chance of claiming JSA is little if your NI contributions doesn't reached their required quota.
You need to work hard for it to be entitled to JSA benefits.



Chances of claiming JSA are nil if you have insufficient NI contributions.

Calculating sufficient NI contributions is very complicated but if you have paid the qualifying amount and your visa conditions do not prohibit access to public funds you could be entitled to JSA, Maternity Allowance or other contribution based benefits. Please see below.


Contribution based job seekers allowance
There are two main contribution conditions:

1) You must actually have paid Class 1 National Insurance contributions with an earnings factor of at least 25 times the lower earnings level in one of the two relevant contribution years.

Class 1 National Insurance contributions are only paid by somebody working for an employer (not self-employed).

Earnings factor of at least 25 times the lower earnings level means that, for example, in 2003/04 you must have paid 25 x £77 = £1,925.

Relevant contribution year runs from April to April in the two years prior to the date of claim. The benefit year runs from the first Sunday in January to the end of the first Saturday in the following January.

2) The second contribution condition is that in each of the relevant contribution years you must have either paid or been credited with Class 1 contributions with an earnings factor of at least 50 times the lower earnings limit for that year.

In 2003/04 this was 50 x £77, which is £3,850.

Even if the contribution conditions are satisfied, contribution based job seekers allowance may not be paid at the start of or during the claim for several reasons:

•The full time work rule
•Waiting days
•Other benefits
•Absence from Great Britain
•Capacity for work
•Availability and actively seeking work
•Misconduct or leaving previous job voluntarily
•Failure to take up a job or training
•Personal occupational pension
This benefit is only paid for a maximum six-month period.

It is possible to appeal against a refusal of benefit because of a decision relating to contributions or credits. In practice, the matter will be referred to the Inland Revenue for an investigation and the decision may be revised.