ILR - PBS Dep - FLR(M) Route Update

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ILR - PBS Dep - FLR(M) Route Update

Postby Amber » Mon Jun 24, 2013 12:54 pm

I have just had confirmation that as the rules stand at the moment:

284 (b) the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant (excluding a Tier 5 (Temporary Worker) other than a private servant in a diplomatic household who applied to enter the UK before 6 April 2012 or a Tier 4 (General) Student) and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and

Although Tier 1 (PSW) is not a route to settlement, the rules do not distinguish between any of the Tier 1 sub categories in considering FLR as the spouse of a relevant PBS migrant.

Partners of relevant points-based system migrants

319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

Therefore, at the moment Part 8 and the amalgamation (flr(m) to set(m)) is available to those PBS dep where the PBS was not on a route to settlement. However, the change is intended to stop this but as of yet is not in place according to the settlement policy team.

If you require further assistance I suggest you seek legal advice.

Update

vinny wrote:Note that the new statement of changes in the Immigration rules prevent all PBS dependants from switching to FLR(M) under 284 or 295D (56,58).

What options would Long residence PBS dependants have then?

Note that both 319C(b) and 319E(b) fail because the partner was not granted indefinite leave to remain as a Relevant Points Based System Migrant.

If they are eligible for ILR under Long residence, then they may apply for SET(LR). Else, they may apply under the current partner rules and cannot take advantage of 287(a)(i)(d).

EXPLANATORY MEMORANDUM wrote:7.11. Corrections are being made to enforce the intention that only dependants of individuals who qualified for settlement under the Points-Based System can apply for settlement as dependants of Points-Based System Migrants. Previously the Immigration Rules allowed dependents of those who qualified for settlement on the basis of long residence to also apply. The change will mean such dependants will need to apply for leave to remain under the rules for family members in Appendix FM before they can qualify for settlement.


Effective 6th April 2014.

Note that
Implementation wrote:(c) With regard to the other changes, if an applicant has made an application for entry clearance or leave before 6 April 2014, the application will be decided in accordance with the Rules in force on 5 April 2014.


Annex FM Section 1.0a > 2.3. Transitional arrangements wrote:Please note that the transitional provisions do not apply to the partner of a Relevant Points Based System Migrant who applies for leave to remain on the basis of family life as a partner on or after 6 April 2014. The partner of a Relevant PBS Migrant who wishes to apply for leave to remain on or after 6 April 2014, where their partner has been granted indefinite leave to remain under the long residence provisions of the Immigration Rules, must do so under Appendix FM.


Note that the Immigration status requirements must also be met. For example, they may fail FLR(M), if their leave was granted for six months or less, as E-LTRP.2.1 fails.


Amber_ wrote:Then everyone, who is eligible, needs to get their applications in ASAP.

I'm locking this thread given the impending changes as highlighted by Vinny, it's sad to say that this is happening. There should be a campaign to allow adding the time spend as a PBS dep to the new Annex FM, 5 year requirement, it's just adding unnecessary time and cost. Please refrain from opening new threads on this topic. If you are eligible to apply for FLR(M) [under part 8] as a PBS dep then do so now, before the new rule comes into force.
Last edited by Amber on Sun Nov 03, 2013 6:18 pm, edited 1 time in total.
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Postby Kallmay » Mon Jun 24, 2013 4:43 pm

Thank you so much for your effort. It helped us who have PBS dependent. Thanks... Thanks...
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Re: ILR - PBS DEP - FLR(M) ROUTE UPDATE

Postby z18runway » Mon Jun 24, 2013 10:39 pm

D4109125 wrote:I have just had confirmation that as the rules stand at the moment:

284 (b) the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-gender partner of a Relevant Points Based System Migrant (excluding a Tier 5 (Temporary Worker) other than a private servant in a diplomatic household who applied to enter the UK before 6 April 2012 or a Tier 4 (General) Student) and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and

Although Tier 1 (PSW) is not a route to settlement, the rules do not distinguish between any of the Tier 1 sub categories in considering FLR as the spouse of a relevant PBS migrant.

Partners of relevant points-based system migrants

319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

Therefore, at the moment Part 8 and the amalgamation (flr(m) to set(m)) is available to those PBS dep where the PBS was not on a route to settlement. However, the change is intended to stop this but as of yet is not in place according to the settlement policy team.

If you require further assistance I suggest you seek legal advice.


So what are you trying to say, I don't understand these rules.

Make it simple, can my wife apply for set(m) for ILR or not ?
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Re: ILR - PBS DEP - FLR(M) ROUTE UPDATE

Postby Amber » Tue Jun 25, 2013 6:14 am

z18runway wrote:
D4109125 wrote:I have just had confirmation that as the rules stand at the moment:

284 (b) the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-gender partner of a Relevant Points Based System Migrant (excluding a Tier 5 (Temporary Worker) other than a private servant in a diplomatic household who applied to enter the UK before 6 April 2012 or a Tier 4 (General) Student) and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and

Although Tier 1 (PSW) is not a route to settlement, the rules do not distinguish between any of the Tier 1 sub categories in considering FLR as the spouse of a relevant PBS migrant.

Partners of relevant points-based system migrants

319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

Therefore, at the moment Part 8 and the amalgamation (flr(m) to set(m)) is available to those PBS dep where the PBS was not on a route to settlement. However, the change is intended to stop this but as of yet is not in place according to the settlement policy team.

If you require further assistance I suggest you seek legal advice.


So what are you trying to say, I don't understand these rules.

Make it simple, can my wife apply for set(m) for ILR or not ?


Based on what the settlement policy team advise, yes she can.
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Postby z18runway » Tue Jun 25, 2013 7:04 am

Wow great amber. You are amazing, brilliant, excellent,top man. I appreciate your help on this.
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Postby Kallmay » Tue Jun 25, 2013 11:56 am

So that means all tiers dependent can right away apply for set(m) after flr(m)?
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Postby Amber » Tue Jun 25, 2013 12:21 pm

Kallmay wrote:So that means all tiers dependent can right away apply for set(m) after flr(m)?


'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

Only the dependents above who have applied for flr(m) and satisfied the qualification period (the period as a PBS dep and Flr(m) combined) can proceed immediately to set(m). Otherwise they will have to wait.
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Postby Kallmay » Tue Jun 25, 2013 12:32 pm

Thank you!
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Postby waitingformonths » Tue Jun 25, 2013 1:59 pm

My wife came to UK in Dec. 2010 on a Tier 1 dependent. Her Visa ran out before she completed 2 years. We applied for FLR(M) after 09-Jul-2012 and the leave was granted.

What is her status now? Can she now apply for ILR as she has completed her 2 years or she has to wait for 5 years as she applied for FLR(M) after 09-Jul-2012?

Your help will be much appreciated.
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Postby Amber » Tue Jun 25, 2013 2:32 pm

waitingformonths wrote:My wife came to UK in Dec. 2010 on a Tier 1 dependent. Her Visa ran out before she completed 2 years. We applied for FLR(M) after 09-Jul-2012 and the leave was granted.

What is her status now? Can she now apply for ILR as she has completed her 2 years or she has to wait for 5 years as she applied for FLR(M) after 09-Jul-2012?

Your help will be much appreciated.


Old rules and providing she meets the requirements should be able to apply for set(m) now.
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Postby waitingformonths » Tue Jun 25, 2013 2:40 pm

I assume by requirements you mean
1. English Language
2. Life in UK

If not then please state.

Also, under what paragraph is she able to apply for set(M)?

Can you possibly suggest some immigration advisors who can help us with out application.

Many thanks
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Postby Amber » Tue Jun 25, 2013 2:47 pm

waitingformonths wrote:I assume by requirements you mean
1. English Language
2. Life in UK

If not then please state.

Also, under what paragraph is she able to apply for set(M)?

Can you possibly suggest some immigration advisors who can help us with out application.

Many thanks


Under Immigration Rule 287(a)(i)(d)

Life in the UK test, adequate maintenance and accommodation and proof of cohabitation.
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Postby waitingformonths » Tue Jun 25, 2013 2:57 pm

Thank you. You are an absolute STAR


D4109125 wrote:
waitingformonths wrote:I assume by requirements you mean
1. English Language
2. Life in UK

If not then please state.

Also, under what paragraph is she able to apply for set(M)?

Can you possibly suggest some immigration advisors who can help us with out application.

Many thanks


Under Immigration Rule 287(a)(i)(d)

Life in the UK test, adequate maintenance and accommodation and proof of cohabitation.
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flr m

Postby nazeeer123 » Wed Jun 26, 2013 9:59 am

hi guru can you please advice me. my wife gona apply flrm next mont, she came to uk as psw dependent on june 2012. does she need to show 18600 fund . thanx
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Re: flr m

Postby Amber » Wed Jun 26, 2013 10:00 am

nazeeer123 wrote:hi guru can you please advice me. my wife gona apply flrm next mont, she came to uk as psw dependent on june 2012. does she need to show 18600 fund . thanx


No, adequate maintenance and accommodation, old rules. Based on June 2012 she should (subject to rule changes) be eligible for settlement in June 2014.
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Re: flr m

Postby sshanmug » Thu Jun 27, 2013 10:31 am

Hi,

My wife entered UK in July 2011 as Tier 1 Dep and she switched to FLR(M) in Sep 2012 when I got ILR.

She went to India to deliver a baby and she is coming back next month.

Since she completes 2 years in July 2013 (T1 Dep + FLR(M) ) can she apply for ILR using SET(M). Is the Maternity break of 8 months outside UK will be a problem?

Also, we applied for my son's EC from India and we got his visa inline with my wife's visa.

Can I apply for my son's ILR as a dependent in SET(M) form?

Kindly Clarify.

Thanks in Advance.

Regards,
Senthil
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Re: flr m

Postby Amber » Thu Jun 27, 2013 10:33 am

sshanmug wrote:Hi,

My wife entered UK in July 2011 as Tier 1 Dep and she switched to FLR(M) in Sep 2012 when I got ILR.

She went to India to deliver a baby and she is coming back next month.

Since she completes 2 years in July 2013 (T1 Dep + FLR(M) ) can she apply for ILR using SET(M). Is the Maternity break of 8 months outside UK will be a problem?

Also, we applied for my son's EC from India and we got his visa inline with my wife's visa.

Can I apply for my son's ILR as a dependent in SET(M) form?

Kindly Clarify.

Thanks in Advance.

Regards,
Senthil


The maternity leave should be ok, you are allowed limited absence due to a good reason, just state the absence was due to cultural and family reasons whilst giving birth. Yes the child can be included on set(m). She needs to complete the form in the UK. You can either use the Settlement Checking Service and or the PEO or send it by post.
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Re: flr m

Postby sshanmug » Thu Jun 27, 2013 10:42 am

Thanks for your reply. Thanks again for the clarification.

I did check the Settlement Checking Service .. somewhere I found that they retain the passport and give all the documents back .. I was hoping that they will give all documents(including passports) back after verification.

I am not worried about the timelines for making decision as my wife and son got visa till march 2015 but I am not keen on giving originals to UKBA as they take long time for postal applications.

Correct me if I am wrong.

Thanks and Regards,
Senthil
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Re: flr m

Postby Amber » Thu Jun 27, 2013 10:49 am

sshanmug wrote:Thanks for your reply. Thanks again for the clarification.

I did check the Settlement Checking Service .. somewhere I found that they retain the passport and give all the documents back .. I was hoping that they will give all documents(including passports) back after verification.

I am not worried about the timelines for making decision as my wife and son got visa till march 2015 but I am not keen on giving originals to UKBA as they take long time for postal applications.

Correct me if I am wrong.

Thanks and Regards,
Senthil


You get all the documents back including the Passport when using the SCS, but not the BRP as this is replaced with a new BRP for settlement.
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Re: flr m

Postby sshanmug » Thu Jun 27, 2013 11:37 am

Thanks again for the clarification.

As the passport is returned back, can we travel in case of emergency without cancelling the application?

Regards,
Senthil
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