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Legality of July 2012 rule changes for tier1

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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die_hard
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Re: pre july 2012 PBS dependants - Petition

Post by die_hard » Thu Jul 10, 2014 11:54 am

Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?

faisaltanoli
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Posts: 154
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Thu Jul 10, 2014 12:09 pm

die_hard wrote:Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?
I am thinking through in person. By the waht document we required along with application If you know please tell me.

die_hard
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Posts: 100
Joined: Wed Aug 14, 2013 3:13 pm

Re: pre july 2012 PBS dependants - Petition

Post by die_hard » Thu Jul 10, 2014 2:14 pm

"By the waht document we required along with application"

I didn't get what you meant ?
faisaltanoli wrote:
die_hard wrote:Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?
I am thinking through in person. By the waht document we required along with application If you know please tell me.

faisaltanoli
Member
Posts: 154
Joined: Mon Oct 22, 2012 10:27 pm

Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Thu Jul 10, 2014 2:35 pm

die_hard wrote:"By the waht document we required along with application"

I didn't get what you meant ?
faisaltanoli wrote:
die_hard wrote:Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?
I am thinking through in person. By the waht document we required along with application If you know please tell me.
I am sorry for my worse English.

I only meant, what documents we need to send/attached along the FLR(M) application?

die_hard
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Posts: 100
Joined: Wed Aug 14, 2013 3:13 pm

Re: pre july 2012 PBS dependants - Petition

Post by die_hard » Thu Jul 10, 2014 2:55 pm

I think you need to show pay slips (6/12 months) if you going to fill Section 7A. If you are filling section 7B and not section 7A, then you need to give evidence that you and your dependent are able to adequately maintain you and any dependants in the United
Kingdom without recourse to public funds. They haven't mentioned how many month's bank statements or pay slips you need to provide for this.

Probably Amber can guide us regarding what documents and for how many months (6 or 12 months) you need to show.

Ayaz Khan Khalil
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Re: pre july 2012 PBS dependants - Petition

Post by Ayaz Khan Khalil » Thu Jul 10, 2014 9:15 pm

Hi Faisal ,
With FLRM Application u need to fill Section 7A not 7B as it is not applicable any more

On monday when i applied for my wife FLRM we filled Section 7A rather then 7B although my wife qualify for 7B due to july 2012 rules, i then posted my concern here and was advice that it was right one, to be on the safe side i called home office today to get some general info regarding filling 7A or 7B i was informed that from 6-04-14 7B is not Applicable and every one has to fill 7A regardless of they are here before july 2012.

Although it was debatable as it is clearly mention in FLRM form that if person is here as a partner then before july 2012 then there is no need to fill 7A go to 7B.

faisaltanoli
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Posts: 154
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Thu Jul 10, 2014 9:18 pm

what document you attached with your application??

Ayaz Khan Khalil
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Re: pre july 2012 PBS dependants - Petition

Post by Ayaz Khan Khalil » Thu Jul 10, 2014 9:55 pm

Faisal,

Documents which i send as part of FLRM Application are
1. My Passport (only Current) with Biometric residence permit
2. My 12 Months Pay Slips
3. 12 Months bank statements to prove the pay entry in my account.
4. 6 Letters of Cohabitation from me + 6 Letters of Cohabitation from wife
5. Wife passports (All) and her Biometric card.
6. Nikha Nama (English + Urdu)
7. A 1 English language certificate from Trinity College
8. 2 Pics of me and my wife.

faisaltanoli
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Posts: 154
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Thu Jul 10, 2014 10:04 pm

what did you provide in 6 letter of cohabitation?

Ayaz Khan Khalil
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Re: pre july 2012 PBS dependants - Petition

Post by Ayaz Khan Khalil » Thu Jul 10, 2014 10:30 pm

Faisal i have provided following letter of letter of cohabitation

For My Self
Bank Account statement (2Years)
Credit Card Statement ( 2 Years)
Water Bill (2 Years)
BT Telephone Bil (2 Years)
P. 60 (2 Years)
Letter from Electoral office (2 Years)

For My Wife.
Bank Account statement (2Years)
Credit Card Statement ( 2 Years)
Tv Licence ( 2 Years)
Council Tax Bill (2 Years)
Gas Bill ( 2 Years)
Electricity Bill (2 Years)

faisaltanoli
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Thu Jul 10, 2014 10:35 pm

Brother you have provided more then enough which is good. I will definately struggle to provide that many things

Ayaz Khan Khalil
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Re: pre july 2012 PBS dependants - Petition

Post by Ayaz Khan Khalil » Thu Jul 10, 2014 11:13 pm

Faisal ,
Do not worry if u even provide 3 each that should be enough as my cousin do not had more just Bank statement, Credit Card Statement and Letter from G.P . he went for a Window service at Croydon and explain that to the person who enter your case into computer and he was told its ok .
But Only make sure one thing and that is your English Language Certificate Awarding body is not EMDQ because home office holding all the application with EMD A1 or B1 English Language qualification they hold my cousin case as well and give him only a letter which say you case has been forward to special team for further investigation regarding EMDQ A.1 English Language

game_of_luck
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Re: pre july 2012 PBS dependants - Petition

Post by game_of_luck » Sat Jul 12, 2014 12:41 am

W Ahmed6569 wrote:Yes Amber & Fasial ,
:) when we give Reference from imigartionboard.com in regards to few LUCKY Guys :) :) :) :) got very lucky and that there application was consider under old rules and one was also granted ILR the case worker almost laugh it out by saying why on earth people spread ill fate, irresponsible ,bad quality , False what Everrrrrrrrr u call it .

Let me be very verrrrrry clear on this me and my wife discuss this issue in depth with 2 case workers in Croydon on day of our Appointment and the answer we got

" This what the case worker has to say " Any Application regardless of the category will be delt in accordance to the the rules in place at the time of the Application no mater what the case worker will only look upon them rules if he/she has even little bit of confusion he/she will get in touch for an advice and willllllllllllllllllllll only deal your case according to the rules he/she is not allowed to go Above or Below the law at any point of time .

So my Advice to MR zzee and moon way and to All who post such bad quality news of Being granted FLRM under old rules or ILR PlZZZ Stop this Bullshit or get lost from her.

Regards
Waqar Ahmed

Dear Waqar,
Can you please confirm what status did your wife entered the UK?
Did she entered on a PBS (leading to settlement) category?
Thanks

game_of_luck
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Re: pre july 2012 PBS dependants - Petition

Post by game_of_luck » Sat Jul 12, 2014 12:45 am

die_hard wrote:Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?
Faisal bro,
any plan of challenging this stupid rule? any updates on this....
I am in the same boat, wife entered in 2010 as Tier 1 dependant and I got ILR (LR) last month.
She still has valid visa till feb 2015 but I have to change her status to FLR(M) and this though is mega scary that the clock will reset and she will have to wait for another 5 years....... 4 and a half already spent and another 5 years :cry: :cry: :cry: :cry: :cry: :cry: :cry:

die_hard
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Posts: 100
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Re: pre july 2012 PBS dependants - Petition

Post by die_hard » Sat Jul 12, 2014 7:34 am

game_of_luck,

Have you got your ILR, if so is it on 10 years ILR (LR) ?
game_of_luck wrote:
die_hard wrote:Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?
Faisal bro,
any plan of challenging this stupid rule? any updates on this....
I am in the same boat, wife entered in 2010 as Tier 1 dependant and I got ILR (LR) last month.
She still has valid visa till feb 2015 but I have to change her status to FLR(M) and this though is mega scary that the clock will reset and she will have to wait for another 5 years....... 4 and a half already spent and another 5 years :cry: :cry: :cry: :cry: :cry: :cry: :cry:

W Ahmed6569
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Re: pre july 2012 PBS dependants - Petition

Post by W Ahmed6569 » Sat Jul 12, 2014 8:00 am

game of luck,
My wife enter UK on Student Dependent Visa as my dependent in 2007,
Do not waste your time on all this which I also did unfortunately your wife has to stay on FLRM as your suppose for another 5 years (2.5 initially & them u will require another extension of 2.5 there after you can apply for your wife Indifnate keep in mind that 5 year time will only start from the date of visa issued any time past as PBS dependent will be null and void i mean 0. As u mention clock will restart I am afrid and there is no way arround what so ever unless you are very very luck and the case worker has less knowledge and make error which they are famous for, other wise rules have changed from 06-04-14 and you have also miss the train like me :( :(

khanzada123
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Posts: 107
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Re: pre july 2012 PBS dependants - Petition

Post by khanzada123 » Sat Jul 12, 2014 9:50 am

Yes the clock will reset again and we have to show maintanence for 5 years as well £18600/ to qualify for ILR...so we have to work hard again and make sure we dont get any benefits for 5 years...almost every one in the same situation.I will update you guys soon to get my wife FLR (M) at PEO.

khanzada123
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Posts: 107
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Re: pre july 2012 PBS dependants - Petition

Post by khanzada123 » Sat Jul 12, 2014 9:54 am

For those who are awaiting decision on minimum income threshold please follow the link for latest News from HO;

https://www.gov.uk/government/news/home ... -threshold

faisaltanoli
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Posts: 154
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Sat Jul 12, 2014 11:20 am

Hello,

As I was compaigning from the day first that we have go for Judicial review of the policy and it was happened in past when policy was challenged and subsequently changed. We must have joined hand together and challenge this rule in high court. I hope we will have an opportunity
I rather like struggle then die hopelessly.

Thanks
Regards
Faisal

faisaltanoli
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Posts: 154
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Sat Jul 12, 2014 11:25 am

I have contacted the solicitors and he quoted me figure of 10000 pounds. If we have enough people then we can challenge this rule. If someone else know a really good barrister we definately will take the opportunity over there.
Thanks
Regards

khanzada123
Member
Posts: 107
Joined: Sat May 17, 2014 8:48 am

Re: pre july 2012 PBS dependants - Petition

Post by khanzada123 » Sat Jul 12, 2014 11:39 am

Dear faisaltanoli as you are aware home office won the case of Minimun threshold so do you if we challenge this we will win ...I dont think so and it will take too long to decide the case.Still I dont mind to share the cost if we got enough people to join us.

faisaltanoli
Member
Posts: 154
Joined: Mon Oct 22, 2012 10:27 pm

Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Sat Jul 12, 2014 11:49 am

Every case has its own dynamics. I do not think so the HO won the case. High court have called it unjustified but not give a ruling to abolish it. Our case have different dimension where we are not asking for abolishing the rule but asking to continue the transitional period. HSMP people had won similar case.

khanzada123
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Re: pre july 2012 PBS dependants - Petition

Post by khanzada123 » Sat Jul 12, 2014 12:02 pm

My dear I dont mind to share but do you how many people fo we need to challenge tha case.

khanzada123
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Posts: 107
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Re: pre july 2012 PBS dependants - Petition

Post by khanzada123 » Sat Jul 12, 2014 12:02 pm


Lemar
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Re: pre july 2012 PBS dependants - Petition

Post by Lemar » Sat Jul 12, 2014 12:46 pm

Hi all,

I received ILR in May and we applied for my partners flr(m) recently at peo. He was a pbs dependant pre July 2012. The letter states in order to qualify for settlement you must have completed a period of 2 years in the uk as a spouse.

We received the brp and that has been issued for 2 and a half years.

Does anyone know whether it is worth trying to book another appointment for settlement based on the letter stating 2 years.

Please help

Thanks

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