ILR applications for PBS deps - spouse long residence

T.Ahmad · Post by **T.Ahmad** » Mon Dec 15, 2014 1:25 pm

vinny wrote:
Please click on any given links for further information.

Administrative Review option is not applicable.[/quote

for Reconsideration do we need to send all relevant documents or just the bank statement which was main reason of refusal?
I NEED HELP TO REQUEST RECONSIDERATION
CAN ANY ONE PLEASE REPLY

z123 · Post by **z123** » Thu Dec 25, 2014 12:28 pm

Hi Amber,

I asked the below question before in this website, but have not got a clear answer. I have seen your answers to other questions so thought you might be able to shine some light towards my question.

I am in the process of applying FLR(M) visa for my spouse. I obtained my ILR through long residency and my wife joined me after 9 July 2012.
I chose category B with combination of category C.
At the moment my partner an I are in non-salaried income which started from Oct 2014. The gross payment is adding up to the required per month (£18600/12).
Up to Aug 2014 I have been receiving a tax free stipend equivalent £13000. I thought of combining them both for the last 12 months to show my total income (net basis) to add up to £15800.
If we were to use category A with current employer we have to wait until April 2015, and there is uncertainty of continuation of current employment.

I am uncertain of the paragraph 6.4.1 in Appendix 1.7 FLR(M) Financial Requirement.
https://www.gov.uk/government/uploads/s ... rement.pdf
It mentions to use stipend or grant (which are tax free) the applicant or sponsor should be currently receiving it.
Does this mean that I can not use my stipend (which was our sufficient income with no recourse to public funds) to show that we earning more than £15800 (net) in the last 12 months.

Thank you

hardip03 · Post by **hardip03** » Wed Dec 31, 2014 2:10 pm

hello vinny/amberr

i recently(Dec.2014) got my ILR on the basis of 10year route and before that my visa was tier4 general student and my wife visa was/is PBS dependant. My wife came to this country on July 2008 after our marriage. so she is almost in this country for more than 6+years. So i would like to know which application form shall i use and is there any maintenance i need to show, though i was not working bcoz i was not allowed to because of student but she was working for last 3-4 years, but was made redundant on october2014. and we have a daughter who was born here, though she can now automatically get british nationality.But my query is about my wife though she still got visa till april2015.
As i already checked with home-office and every time they give different answer, So please oblige me with my above request, as i have already seen your replies to other people online which happen to very helpful.
thank you in advance

vinny · Post by **vinny** » Wed Dec 31, 2014 2:35 pm

If daughter was born prior to a parent being granted lLR, then daughter is entitled to register for British citizenship.

If the requirements of Appendix FM-SE are met, etc., then wife should switch to FLR(M), else FLR(FP).

hadded15 · Post by **hadded15** » Sat Jan 03, 2015 3:38 pm

Amber wrote:Yes you can do it at a PEO, same day decision. It's money making but also required to satisfy the rules.

Hi, plz help me i really need it urgent....my situation,
Came as student dependent in Dec 2007
switched to FTI (PSW) dependent for two years
then got Tier 1 dependent visa and completed 5 years now...
my husband got 10 year long residency last year....now

can i direct use Set M form without switching to Flr M form....

i hv to apply after 15 Jan....can anyone response quick plz

vinny · Post by **vinny** » Sat Jan 03, 2015 11:07 pm

I don't think so.

Obie · Post by **Obie** » Sat Jan 03, 2015 11:39 pm

hadded15 wrote:
Amber wrote:Yes you can do it at a PEO, same day decision. It's money making but also required to satisfy the rules.
Hi, plz help me i really need it urgent....my situation,
Came as student dependent in Dec 2007
switched to FTI (PSW) dependent for two years
then got Tier 1 dependent visa and completed 5 years now...
my husband got 10 year long residency last year....now

can i direct use Set M form without switching to Flr M form....

i hv to apply after 15 Jan....can anyone response quick plz

Have to apply under appendix FM FLR(M), and you will only qualify for settlement in December 2017 under long residence.

Might have been sensible if your spouse had stayed on PBS and obtain ILR through that route, and you will then have qualified at the same time as him.

tahir.usman201 · Post by **tahir.usman201** » Thu Jan 08, 2015 6:18 pm

Hi,
My wife is in the same situation. last week I saw on ARY Tv. One Solicitor from Marks and Marks mentioned that
if you are continuous depend of PBS before July 2012. You can apply SET M on the basis of 2 years dependent of PBS before July 2012. I suggest to you get legal help on this matter. One of my friend took his wife at PEO Croydon and filled both form of SET M AND FLR M and his wife ILR on SET M.
This is new law which start implementing from last month.
So please get legal advise from your nearest solicitor.

Thanks

Obie wrote:
hadded15 wrote:
Amber wrote:Yes you can do it at a PEO, same day decision. It's money making but also required to satisfy the rules.
Hi, plz help me i really need it urgent....my situation,
Came as student dependent in Dec 2007
switched to FTI (PSW) dependent for two years
then got Tier 1 dependent visa and completed 5 years now...
my husband got 10 year long residency last year....now

can i direct use Set M form without switching to Flr M form....

i hv to apply after 15 Jan....can anyone response quick plz

Have to apply under appendix FM FLR(M), and you will only qualify for settlement in December 2017 under long residence.

Might have been sensible if your spouse had stayed on PBS and obtain ILR through that route, and you will then have qualified at the same time as him.

tapi98 · Post by **tapi98** » Fri Jan 09, 2015 2:47 am

Hie i would want to ask question
My wife came to the UK in December 2008 as spouse of a student.
I got my indefinite Leave to Remain in March 2013 under the 10 year Rule.
My Post Study Visa and her Visa was expiring on the 31st January 2013 so I applied for my wife Visa before the end 31st January 2013 but they could only work her application after they have made decision on mine.
We used the FL{M } and she was granted leave to remain on the 12.11.2013 which expires 03.10.2015.
The question is when this leave to remain finishes can she apply for Indefinite Leave to Remain or she has to apply for another 2.5 years to complete 5 years as spouse of someone settled in the UK.
And which Forms she can use.
Thank You

jignesh455 · Post by **jignesh455** » Thu Jan 22, 2015 12:39 am

Hi ,
Here i am again seeking ur valuable advice and suggestion. As i received my ILR yesterday on 10years long residency, now i would like tojoin my wife from india. So can you please suggest me regarding documents and the entire process. Just to let you know i work part time and has registered sole trader business. I have little knowledge regarding dependent application. But please anyone from forum light on my case please. Much appreciated

cabel · Post by **cabel** » Thu Feb 26, 2015 6:21 pm

Hi There,

Can someone advice on my wife case please!

I applied SET(M) today at Croydon PEO, the case worker mentioned that she's not qualify for SET(M). I now explain the situation, please advise if you come across or know about similar case.

I granted ILR on 29/03/2014 on Long Residence basis
I applied FLR(M) for my wife on 05/04/2014
She granted leave for 2 years till Sep 2016
As I made application before 6 April 2014, I thought she qualify old rule 2 year route.
but case worker refused and mentioned its 5 year route.

Any advise to take this case further.

vinny · Post by **vinny** » Thu Feb 26, 2015 11:56 pm

The caseworker was incorrect.

If the FLR(M) was granted for 2 years, then it was granted under 285 and not 30 months under D-LTRP. Therefore, 288 will be applicable for SET(M).

cabel · Post by **cabel** » Fri Feb 27, 2015 10:48 am

Thanks for your reply Vinny

Caseworker dint listened to my explanation at all.

He said he will issue new BRP with 30 Months validity, so he took old BRP.

Can I still make fresh application in this case? Please advice Vinny

vinny · Post by **vinny** » Fri Feb 27, 2015 12:08 pm

Apply for a reconsideration.

Yasin28 · Post by **Yasin28** » Sat Feb 28, 2015 8:14 am

hi Amber I just applied for my Ilr set m for spouse of British citizen I have one problem in my case I have one criminal conviction of traffic offence about 22 months ago I have got crb and its clear but will this affect my application or not ? Plz reply

Obie · Post by **Obie** » Sat Feb 28, 2015 9:19 pm

vinny wrote:The caseworker was incorrect.

If the FLR(M) was granted for 2 years, then it was granted under 285 and not 30 months under D-LTRP. Therefore, 288 will be applicable for SET(M).

Perhaps OP ought to have requested to see a Senior Executive officer.

I am not sure why they keep doing this, and the issuance of a 30 months BRP is quite frankly insulting.

He needs to take action immediately, as the Effect of A280B is that a grant or refusal of Leave outside the Settlement path, resets the clock.

So you should not let it lie.

cabel · Post by **cabel** » Sun Mar 01, 2015 11:37 am

Thanks Vinny and Oble.

Im going for reconsideration, while writing letter should I mention any Key words or Rule Parah to make them clear understanding about this case?

Please advice if any, you guys help much appreciated!

vinny · Post by **vinny** » Sun Mar 01, 2015 12:35 pm

vinny wrote:It's not too late.

Several members in similar situations had eventually succeeded in getting ILR, after pointing out the error.

cabel · Post by **cabel** » Sun Mar 01, 2015 2:14 pm

That was very helpful Vinny.

Do I write to that caseworker? I mean the person who refused the case!

SUNSHINE19 · Post by **SUNSHINE19** » Mon Mar 02, 2015 10:57 am

Need help, please !

I recently got FLR (m) in feb 2015, valid for next 3 years. Before that I was on Tier 1(PBS) visa for 5 years but couldn't apply for IRL as I was not working/employed( I am looking after a little one) so my extension through this route was not quite possible. My husband have got ILR ( Long Residency ) Jan 2014. He has applied for his naturalisation feb 2015. I have been in the UK since 2006 on student and then Tier 1 visa. However, I was never my husband's dependent,until recently feb 2015( when I got FLR(m) & I have been married to him since 2007. Can anyone help me with the possible options available for me to extend my visa under ILR, SET(M). I will be eligible for long residency next year anyway, but I was thinking if there any other way I could obtain ILR being my husband's dependent that way I don't have to wait for another year to apply for naturalisation as he will be soon will be British Citizen their spouse don't have to wait for 1 year to obtain citizenship.

I will be very grateful if anyone can help me here .

Many Thanks !

Channa · Post by **Channa** » Mon Mar 02, 2015 10:24 pm

Hi All,

I Have a very urgent query. I got my ILR from 10 years long residency in Jan and i have applied for FLR for my wife once I got the ILR. But I have not shown the income threshold of 18,600 since i thought I am applying under rules prior to July 2012 (My wife became my dependent in Nov 2010). My wife's visa application has been refused saying that I have not shown the income threshold. Can you please advise what I would have to do? they have given me appeal write. Please let me know ASAP. Thanks!

Regards

Channa

vinny · Post by **vinny** » Mon Mar 02, 2015 11:54 pm

cabel wrote:That was very helpful Vinny.

Do I write to that caseworker? I mean the person who refused the case!

I think that's possible. Or follow the procedures.

vinny · Post by **vinny** » Mon Mar 02, 2015 11:56 pm

SUNSHINE19 wrote:Need help, please !

I recently got FLR (m) in feb 2015, valid for next 3 years. Before that I was on Tier 1(PBS) visa for 5 years but couldn't apply for IRL as I was not working/employed( I am looking after a little one) so my extension through this route was not quite possible. My husband have got ILR ( Long Residency ) Jan 2014. He has applied for his naturalisation feb 2015. I have been in the UK since 2006 on student and then Tier 1 visa. However, I was never my husband's dependent,until recently feb 2015( when I got FLR(m) & I have been married to him since 2007. Can anyone help me with the possible options available for me to extend my visa under ILR, SET(M). I will be eligible for long residency next year anyway, but I was thinking if there any other way I could obtain ILR being my husband's dependent that way I don't have to wait for another year to apply for naturalisation as he will be soon will be British Citizen their spouse don't have to wait for 1 year to obtain citizenship.

I will be very grateful if anyone can help me here .

Many Thanks !

Just apply for SET(LR) when eligible.

vinny · Post by **vinny** » Mon Mar 02, 2015 11:59 pm

Channa wrote:Hi All,

I Have a very urgent query. I got my ILR from 10 years long residency in Jan and i have applied for FLR for my wife once I got the ILR. But I have not shown the income threshold of 18,600 since i thought I am applying under rules prior to July 2012 (My wife became my dependent in Nov 2010). My wife's visa application has been refused saying that I have not shown the income threshold. Can you please advise what I would have to do? they have given me appeal write. Please let me know ASAP. Thanks!

Regards

Channa

Appeal and show that you satisfy the income threshold under Appendix FM-SE, etc.

Channa · Post by **Channa** » Tue Mar 03, 2015 8:04 am

Thanks for your reply!
Does this mean that, regardless of when she became my dependant I have to satisfy and show the income threshold for the past year? What if I am unable to meet this requirement? Do I have any other alternative? My wife is 6 months pregnant, so don't think that she can Travel after another 4 weeks anyway. Your advice is highly valued.

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ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re:

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence

Re: ILR applications for PBS deps - spouse long residence