Legality of July 2012 rule changes for tier1

Hi all,

I'm very confused with these new rules, I hope someone can help.

We had our appointment at settlement checking service and calls to the home office confirmed my partner is eligible even double checked with a manager.

I'm wondering if there is some grey area.

What I'm trying to understand is whether this 6th of April rule applies to ALL points based dependants or it depends which type of pbs prior July 2012. For example if it was tier 4, 2 etc.

I had tier 2 visa which is a route that leads to settlement unlike some other tiers. However I applied on the basis of long residence for ilr.

My question is: does my husband qualify because he had a pbs tier 2 dependant visa prior to July 2012?

His brp is 2 and half years, but why did even management confirm he is eligible to apply for setM.

What did the SCS advise u? On their website it says applicant must complete 2 years as spouse of a settled person. I read it thoroughly, it gives me hope that waiting time can be 2 instead of 5 years. Tiers or PBS etc is not mentioned at all.

As for different tiers, Amber or anyone with proper knowledge can tell us. If its true then even more unfair for singling out Tier 1 dependents.

PS: Next time when calling HO, v should note down their names and record the call. That way *maybe* the manager can be held accountable for misguiding us

Lemar wrote:Hi all,

I'm very confused with these new rules, I hope someone can help.

We had our appointment at settlement checking service and calls to the home office confirmed my partner is eligible even double checked with a manager.

I'm wondering if there is some grey area.

What I'm trying to understand is whether this 6th of April rule applies to ALL points based dependants or it depends which type of pbs prior July 2012. For example if it was tier 4, 2 etc.

I had tier 2 visa which is a route that leads to settlement unlike some other tiers. However I applied on the basis of long residence for ilr.

My question is: does my husband qualify because he had a pbs tier 2 dependant visa prior to July 2012?

His brp is 2 and half years, but why did even management confirm he is eligible to apply for setM.

They also said rules change and lots of different types of applications, hence the calls to homeoffice to actually check whether my husband was eligible before proceeding. I just wonder whether homeoffice will honour what the said on telephone

Let's see if amber or any other member can shed some light in this.

@ teir 4

I'll have to ask my sister I know which solicitors she went through and he had arranged this barrister for her here in Birmingham...
I'll find out and get back to you... but im sure you will need a couple of lawyers one whos expert with immigration rules amd the other with human rights...
appeal needs to be put in quickly to their desicion or you will be waiting along time again to start a fresh case against it..

Tier 4 wrote:

fuzzyhu wrote:HAS ANYONE EVEN APPEALED TO SUPREME COURT REGARDING FINANCIAL REQUIREMENT AS IM SURE IT SHOULD BE WITHIN 28 DAYS OF APPEAL DECISION ??

YOU NEED A VERY GOOD LAWYER MY SISTERS LAWYER A FEW YEARS AGO WAS FIGHTING HER CASE ABOUT HER FINANCIAL SITUATION INFACT HE WAS ACTUALLY A BARRISTER, HE WAS INCREDIBLE NOR THE HO WOMEN AND NEITHER THE JUDGE COULD SAY A WORD AGAINST ANYTHING HE SAID AND THE MOST AMAZING PART HE ONLY STUDIED MY SISTERS CASE WITHIN TWO DAYS HE WAS GREAT WITH HIS MATHS WORKED OUT FULL YEARS EARNINGS DIVIDED THEM WORKED OUT COSTS AND SAVINGS FOR THE YEAR AND THAT WAS IT APPEAL ALLOWED..

IF ANYTHING HAPPENS WITH MY CASE IM DEFO SEARCHING FOR HIM...

Where is his office and what's his number?

Writing in CAPITAL words is equal to shouting. Hope you don't mind.

this is the number of the solicitors who arranged hims. im not sure will need to confirm with my sister
but im sure the barister that went to court with her his name was tanveer dont know surname

fuzzyhu wrote:

Tier 4 wrote:

fuzzyhu wrote:HAS ANYONE EVEN APPEALED TO SUPREME COURT REGARDING FINANCIAL REQUIREMENT AS IM SURE IT SHOULD BE WITHIN 28 DAYS OF APPEAL DECISION ??

YOU NEED A VERY GOOD LAWYER MY SISTERS LAWYER A FEW YEARS AGO WAS FIGHTING HER CASE ABOUT HER FINANCIAL SITUATION INFACT HE WAS ACTUALLY A BARRISTER, HE WAS INCREDIBLE NOR THE HO WOMEN AND NEITHER THE JUDGE COULD SAY A WORD AGAINST ANYTHING HE SAID AND THE MOST AMAZING PART HE ONLY STUDIED MY SISTERS CASE WITHIN TWO DAYS HE WAS GREAT WITH HIS MATHS WORKED OUT FULL YEARS EARNINGS DIVIDED THEM WORKED OUT COSTS AND SAVINGS FOR THE YEAR AND THAT WAS IT APPEAL ALLOWED..

IF ANYTHING HAPPENS WITH MY CASE IM DEFO SEARCHING FOR HIM...

Where is his office and what's his number?

Writing in CAPITAL words is equal to shouting. Hope you don't mind.

this is the number of the solicitors who arranged him .. and im not sure will need to confirm with my sister but im sure the barister that went to court with her his name was tanveer dont know surname

We only need some reliable lawyers, who don't treat us as cash cow. Dnot know what others think of .

Please do not advertise solicitors.

No one is advertising solicitors just giving info from experience with good barister who has dealed with cases.. number realiaed num wasnt there he knows the guy.. im just helping as im not affected with new income requirements but if I can be of any help then that's great

If it continues I'll have no option to but to take action. We do not allow advertising of advisors in whatever context.

fuzzyhu wrote: im not affected with new income requirements but if I can be of any help then that's great

Its not just income requirement, its pre 9 July 2012 dependants issue,
• Combination of previous stay as PBS dep
• 2 years not 5 years for them
• And yes income too

I went for my FLR (M) on 28th at PEO Croydon, 11am with the Section 7A filled in actual form and Section 7B filled and taken just in case they need it. Was advised to do this by the lawyer, although he did say 7A n 7B doesnt matter in my case as 18600 requirement is fulfilled. When we submitted docs, my hubby asked the lady that v were confused 7A or 7B so please guide us. She said caseworker will call if there is any issue. Hence submitted form with 7A filled.

Got approval letter in 90mins Alhumdolillah. BRP still awaited. I did ask at Customer Service counter about settlement eligibilty. She asked passport number and said y did i apply FLR M, have i failed life in uk or ESOL. I told her i was swtiching category to ILR dependent. She said 3 years complete so we will see u again in 2 years time for settlement. In my heart i said InshaAllah (God Willing) I can apply for settlement in 2 years, really I will take mithai for that lady in 2016

Interestingly, I talked to a friend of mine just now and she has completed 5yrs as a PBS dep. Her lawyer has advised us to use form SET M within 28 days of receiving her hubbys ILR. Howcome her lawyer is misguiding so much? Not even mentioning that she needs to go for FLR M firsty

Congratulations aurnoc.

How did your husband got his ILR, was it on 10 years basis ILR (LR) ?

Is your FLR(M) for 2 years or 2.5 years ?

aurnoc wrote:I went for my FLR (M) on 28th at PEO Croydon, 11am with the Section 7A filled in actual form and Section 7B filled and taken just in case they need it. Was advised to do this by the lawyer, although he did say 7A n 7B doesnt matter in my case as 18600 requirement is fulfilled. When we submitted docs, my hubby asked the lady that v were confused 7A or 7B so please guide us. She said caseworker will call if there is any issue. Hence submitted form with 7A filled.

Got approval letter in 90mins Alhumdolillah. BRP still awaited. I did ask at Customer Service counter about settlement eligibilty. She asked passport number and said y did i apply FLR M, have i failed life in uk or ESOL. I told her i was swtiching category to ILR dependent. She said 3 years complete so we will see u again in 2 years time for settlement. In my heart i said InshaAllah (God Willing) I can apply for settlement in 2 years, really I will take mithai for that lady in 2016

Interestingly, I talked to a friend of mine just now and she has completed 5yrs as a PBS dep. Her lawyer has advised us to use form SET M within 28 days of receiving her hubbys ILR. Howcome her lawyer is misguiding so much? Not even mentioning that she needs to go for FLR M firsty

Yes he got ILR on 10yrs Long Residence basis.
Received my BRP, its valid 2.5 years

aurnoc wrote:Yes he got ILR on 10yrs Long Residence basis.
Received my BRP, its valid 2.5 years

To my understanding you can not amalgamate your previous leave as PBS dependent with current leave. You also got 2.5 year visa, so chances are CW have misguided you (I wish I am wrong). You have to wait five years.
Thanks. Regards
Faisal

Thats right Faisal, I am also aware of that. Hence I said if im granted ILR in 2 years time, I will def take mithai for the customer service rep. I did not get a chance to see the CW, I had asked about settlement from the person who returned my documents to me. He told me that he has no idea so i should go n ask CSR lady.

Hi aurnoc,

What documents did u submit/show for ur FLR(M) ?

aurnoc wrote:Thats right Faisal, I am also aware of that. Hence I said if im granted ILR in 2 years time, I will def take mithai for the customer service rep. I did not get a chance to see the CW, I had asked about settlement from the person who returned my documents to me. He told me that he has no idea so i should go n ask CSR lady.

I made 5 sections. 1 section was for form. Other 4 sections in separate plastic pockets. Had listed the following on each pocket:

1- Applicants Documents:
Passport which had all my previous UK visas
BRP
Life in UK Pass certificate
UK NARIC letter
MBA n BCS degrees
University letters stating medium of instruction

2- Sponsors Documents:
ILR approval Letter
BRP
Passport

3- Proof of Cohabitation
Translation of Marriage certificate
Tenancy agreement covering last 2 years
Bank Statements combined and individual
Electricity and Water bills
NHS letters
Council Tax bills

4- Financial Maintenance
6 months Payslips
6 months bank statement
P60s 2012, 2013 and 2014
Employers letter confirming job duration and recent pay-rise.

Thanks a lot for your reply. This would help us to arrange our application.

aurnoc wrote:I made 5 sections. 1 section was for form. Other 4 sections in separate plastic pockets. Had listed the following on each pocket:

1- Applicants Documents:
Passport which had all my previous UK visas
BRP
Life in UK Pass certificate
UK NARIC letter
MBA n BCS degrees
University letters stating medium of instruction

2- Sponsors Documents:
ILR approval Letter
BRP
Passport

3- Proof of Cohabitation
Translation of Marriage certificate
Tenancy agreement covering last 2 years
Bank Statements combined and individual
Electricity and Water bills
NHS letters
Council Tax bills

4- Financial Maintenance
6 months Payslips
6 months bank statement
P60s 2012, 2013 and 2014
Employers letter confirming job duration and recent pay-rise.

Glad i could help

Hi guys help required,

Our FLR(M) application rejected because we submitted English B1 from Learning Resource Network(LRN) with the aim that we will apply SET(M) once we approved for FLR(M) , but according to HO LRN is not on approved list .

B1 from Trinity College is acceptable for FLR(M) as well as for ILR
but
B1 from LRN is not acceptable for FLR(M) but acceptable for ILR.

Both registered in ofqual register

I don't understand this juggle.

Please help ...

See also, https://www.gov.uk/government/uploads/s ... _07_14.pdf

Is there any way forward for us? Any hope at all to fight the case?

faisaltanoli wrote:Khanzada,

Thanks for sharing. It means thats confirm that even gambling time is over now. Cut the long story short, are you guys are willing to fight this case as I am thinking now to start some practical work. Please all the people who are willing to go for judicail review reply to the post so we shape up our next move.

Thanks

Regards

M Faisal

Guys take a look at it, might find it useful

OFFICE OF CHILDREN'S COMMISSIONER SEEKS EVIDENCE FROM THOSE AFFECTED BY FAMILY MIGRATION RULES

Every one who is interested in joining hands with us please come forward. Please people also reply my PM.

Thanks Tier4, shall check the link.

Faisaltanoli, I didnt get any PM from you. Hope you got mine sent yesterday?

faisaltanoli wrote:Every one who is interested in joining hands with us please come forward. Please people also reply my PM.