ILR - PBS Dep - FLR(M) Route Update

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Postby Amber » Sat Aug 17, 2013 9:23 pm

Email SettlementOpsPolicy@homeoffice.gsi.gov.uk ask

"If the spouse of a tier 4 PBS dependant has subsequently gained ILR as a 10 year long resident, and the dependant has subsequently been granted flr(m), can that dependant apply for set(m) now? Using immigration rule 287(a)(I)(d) under Part 8, combining the time as a PBS dep with fr(m) to equal the 2 year qualifying period?"

As far as I am aware, the response should still be yes, however, do let us know of the reply.

Include the email response with your application for support.
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Re: Flrm to set m?

Postby geriatrix » Sun Aug 18, 2013 12:14 am

Kallmay wrote:Dear Amber can my husband apply for SET M? I got my 10 yr ILR on May 2013 and my husband has been Tier 4 dependent since 2008 and got his FLR (M)on July 2013. He was given 2 years and his approval letter says that he can apply ILR after 2 years. We don't know what to do? Can he now apply for SET M? You mentioned in this forum that a Tier 4 dependant applied last week. What was the result? Please help! Thank you.
Read Dependant of ILR (long residence) applicant on PBS leave
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Re: Flrm to set m?

Postby Amber » Sun Aug 18, 2013 6:03 am

sushdmehta wrote:
Kallmay wrote:Dear Amber can my husband apply for SET M? I got my 10 yr ILR on May 2013 and my husband has been Tier 4 dependent since 2008 and got his FLR (M)on July 2013. He was given 2 years and his approval letter says that he can apply ILR after 2 years. We don't know what to do? Can he now apply for SET M? You mentioned in this forum that a Tier 4 dependant applied last week. What was the result? Please help! Thank you.
Read Dependant of ILR (long residence) applicant on PBS leave


See Page 188, 7.31, 3rd paragraph down of the March 2013 changes (click)
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Postby Kallmay » Sun Aug 18, 2013 7:43 am

Thank you so much Amber. I will update you about the response.
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Re: Flrm to set m?

Postby geriatrix » Mon Aug 19, 2013 12:05 pm

D4109125 wrote:See Page 188, 7.31, 3rd paragraph down of the March 2013 changes (click)
What is mentioned in the said paragraph can only come into effect if both 287(a)(i)(d) and 287(a)(i)(e), and / or 319AA is changed to reflect the intention. Until then, "relevant point-based migrant" includes both Tier 1 (PSW) and Tier 4 (General).

See para 98 and 99 of the same document. Now, compare these two changes with 287(a)(i)(d) and 287(a)(i)(e), as they stood, before 06-Apr-13 (can be found in national archives's HO webpages) and you will observe (to your surprise) that the paragraphs are identical.

My take - someone goofed up when drafting the change(s) to be included in HC1039 under these paragraphs!!

Hence, for now nothing has changed from what is written in the FAQs. It may, in the next statement of changes, provided the settlement operations policy team has realised that they have made a mistake.
Last edited by geriatrix on Mon Aug 19, 2013 1:03 pm, edited 1 time in total.
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Postby Amber » Mon Aug 19, 2013 1:00 pm

I understand, am aware and do not dispute anything you have said but I think it is prudent for the applicant to confirm that the rules have not changed/a new statement in changes issued prior to applying, as not everyone is able to understand or interpret the rules. There has been a clear intention for the rules to change, but for the error in the application of changes, the rules could change at any time, subject to the publication of changes.
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Flrm to setm

Postby Kallmay » Tue Aug 20, 2013 2:25 pm

Dear Amber, I emailed settlement policy and they said in their reply that they cannot answer general enquiries. It will be forwarded to the Immigration Enquiry Bureau who will respond to me separately but until now no respond. Hopefully the bureau will answer my question. Thank you for your help.
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Postby Amber » Tue Aug 20, 2013 2:30 pm

Given the fact that the immigration rules could change at any time, you should make arrangements to apply for set(m) ASAP.
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Postby Kallmay » Tue Aug 20, 2013 2:38 pm

What is the best PEO or postal? What evidence (rules) shall we include because no reply from them?
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Postby Amber » Tue Aug 20, 2013 2:44 pm

PEO should give a same day decision, it's more expensive but offers peace of mind. Immigration rule 287(a)(i)(d) is what you will rely on.
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Postby Kallmay » Tue Aug 20, 2013 3:06 pm

Thank you very very much Amber.
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Flrm to setm

Postby Kallmay » Tue Aug 27, 2013 12:13 pm

Hello Amber here is the respond from ukba. Please explain. Thank you.I cannot advise on individual cases, but anyone who has been granted further leave to remain as the spouse of a settled person can apply for settlement under paragraph 287 (a)(i)(a) of the rules.  The qualifying period for settlement under this paragraph is 2 years from the date they were granted further leave to remain in this category.  They cannot therefore amalgamate previous leave towards this 2 year period.
 
287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom
 
I trust this answers your question.
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Postby Amber » Tue Aug 27, 2013 12:49 pm

The dingbat have quoted the wrong rule. However, the rules haven't yet changed so you're ok if you do it soon. I would book your peo and get it out the way.
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Postby Kallmay » Tue Aug 27, 2013 1:21 pm

Ok thank you Amber.
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Postby fannofler » Wed Oct 02, 2013 2:50 pm

Hi all - very useful info on this forum.

Can someone clarify that this potential rule change being discussed here is relevant to dependents on PBS Dependent/FLR(m) where the main PBS applicant was not on route to settlement ONLY. This would not apply to TIER 1 General and their dependent for settlement.

thanks
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Postby Koomal » Wed Oct 02, 2013 4:19 pm

Kallmay wrote:Ok thank you Amber.

Hi Amber,

I am new to the forum.

You are a great help to all .

Please help me.

My husband got his ILR on the basic of 10year LR on 30/9/2013
My Visa Status is PSW(dependent) May2009 - Dec 2009
Tier-1 general(dependent) - Jan 2010 - Dec-2014.
My Queries are
1) Can I apply for ILR with SET(m) or do I need to use FLR(m) = > SET(m) ?
2) What is the 2 year qualifying period every one is talking about?
3) My baby is due next month, will the baby get UK citizenship, as my husband is on ILR?

I have passed my Life in UK test, so want to apply before the new English language requirement comes after couple of weeks.

Please Help

Thanks and Regards
Koomal
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Postby Amber » Wed Oct 02, 2013 5:47 pm

That's right fannofler.

Koomal wrote:
Kallmay wrote:Ok thank you Amber.

Hi Amber,

I am new to the forum.

You are a great help to all .

Please help me.

My husband got his ILR on the basic of 10year LR on 30/9/2013
My Visa Status is PSW(dependent) May2009 - Dec 2009
Tier-1 general(dependent) - Jan 2010 - Dec-2014.
My Queries are
1) Can I apply for ILR with SET(m) or do I need to use FLR(m) = > SET(m) ?

Flr(m) then set(m). do it ASAP.

2) What is the 2 year qualifying period every one is talking about?

Must have lived in the UK for 2 years as the spouse, civil partner or akin. thus cohabitation proof is required.

3) My baby is due next month, will the baby get UK citizenship, as my husband is on ILR?

Yes if born in the UK.

I have passed my Life in UK test, so want to apply before the new English language requirement comes after couple of weeks.

Apply soon peo for Flr(m) then post or peo for set(m) before 28-October 2013.

Please Help

Thanks and Regards
Koomal
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Postby Koomal » Thu Oct 03, 2013 8:22 am

D4109125 wrote:That's right fannofler.

Koomal wrote:
Kallmay wrote:Ok thank you Amber.

Hi Amber,

I am new to the forum.

You are a great help to all .

Please help me.

My husband got his ILR on the basic of 10year LR on 30/9/2013
My Visa Status is PSW(dependent) May2009 - Dec 2009
Tier-1 general(dependent) - Jan 2010 - Dec-2014.
My Queries are
1) Can I apply for ILR with SET(m) or do I need to use FLR(m) = > SET(m) ?

Flr(m) then set(m). do it ASAP.

2) What is the 2 year qualifying period every one is talking about?

Must have lived in the UK for 2 years as the spouse, civil partner or akin. thus cohabitation proof is required.

3) My baby is due next month, will the baby get UK citizenship, as my husband is on ILR?

Yes if born in the UK.

I have passed my Life in UK test, so want to apply before the new English language requirement comes after couple of weeks.

Apply soon peo for Flr(m) then post or peo for set(m) before 28-October 2013.

Please Help

Thanks and Regards
Koomal


Many Thanks Amber,

With your help I got the clear understanding now.

I will apply for FLR(m) asap, the only problem I have realised that I need English language requirement for the FLR(m)

What is your suggestion ?

Thanks and Regards
Koomal
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Postby Amber » Thu Oct 03, 2013 9:28 am

For FLR(M) the English requirement is A1, do you have a degree taught in English?
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Postby fannofler » Thu Oct 03, 2013 9:58 am

Thanks Amber

D4109125 wrote:That's right fannofler.

Koomal wrote:
Kallmay wrote:Ok thank you Amber.

Hi Amber,

I am new to the forum.

You are a great help to all .

Please help me.

My husband got his ILR on the basic of 10year LR on 30/9/2013
My Visa Status is PSW(dependent) May2009 - Dec 2009
Tier-1 general(dependent) - Jan 2010 - Dec-2014.
My Queries are
1) Can I apply for ILR with SET(m) or do I need to use FLR(m) = > SET(m) ?

Flr(m) then set(m). do it ASAP.

2) What is the 2 year qualifying period every one is talking about?

Must have lived in the UK for 2 years as the spouse, civil partner or akin. thus cohabitation proof is required.

3) My baby is due next month, will the baby get UK citizenship, as my husband is on ILR?

Yes if born in the UK.

I have passed my Life in UK test, so want to apply before the new English language requirement comes after couple of weeks.

Apply soon peo for Flr(m) then post or peo for set(m) before 28-October 2013.

Please Help

Thanks and Regards
Koomal
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