ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR Refused Plz help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

ILR Refused Plz help

Post by allwell46 » Wed Jul 30, 2014 2:02 am

Dear respected Shahjee, amber, casa, and other members

Please I need your help here
I had premium service appointment at solihill Birmingham for my wife's ILR on set (M). But unfortunately her ILR is been refused on the basis of 287 (d) of immigration rules.

A bit history of case is as follows.
I had applied for ILR on long residency basis in Feb 2014 and were granted in July 2014, I had applied for my wife's FLR M on 03 April 2014 before the new rules came into effect on 06 Apr 2014. As soon as I was granted ILR they granted FLR M visa of 2 years to my wife in July 2014.

Now they are saying that my wife has not completed a period of 2 years as a spouse of a person who is present and settled in UK so refused her ILR. I had explained them that she was granted FLR M of 2 years not two and half as she was protected under transitional arrangements of part 8 of immigration rules. So now as per immigration rules her time spent as PBS dependant and Time spent as FLR M can be combined which makes her eligible to granted ILR. But they did not listen anything and refused the visa.

Their cruality does not stop here, they even changed her 2 years FLR M to 2 and half years and kept the BRB and will send a new one in post. meaning they have put things up as per new rules of 5 years FLR (2.5 + 2.5) under appendix FM.

This is the sadest day of my life, I am so sad so as my whole family, I was thinking to sueside but wont do it as its Haram, I will not do it, But I will fight for our rights.
Could you please put me in right directions

Kind regards

Amber
Moderator
Posts: 17453
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR Refused Plz help

Post by Amber » Wed Jul 30, 2014 9:44 am

How long had your wife been a PBS dep?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

esmsi
Senior Member
Posts: 519
Joined: Sun Feb 26, 2012 11:36 am

Re: ILR Refused Plz help

Post by esmsi » Wed Jul 30, 2014 11:43 am

Today I speak with home office about 30 minutes .They hold me two times.

They said my wife can apply straight way.Similar to your situation.
Background
"My wife came 2008 as PSW dependent.Later Tier1 dependent .
Main applicant applied 2013 ,approved 2014 to switch ILR in 10
years rule .After main applicant ,dependent switch to FLR(M).But
flr(M) application submitted before 6th April 2014.Decesion came after 6th April.

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR Refused Plz help

Post by allwell46 » Wed Jul 30, 2014 12:29 pm

Amber wrote:How long had your wife been a PBS dep?

Hi amber
My wise has been pbs dependant for just less than 5 years and on flr m for 15 days.

Plz help me further.
Could u plz advise me how Do my wife satisfies 287 d as per the rules.
Plz put me to right directions.

Many thanks in advance

vinny
Moderator
Posts: 32794
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR Refused Plz help

Post by vinny » Wed Jul 30, 2014 12:35 pm

allwell46 wrote:Dear All

Home office has refused my wife's ILR under 287 (d) saying that she has not completed 2 years as spouse of a person who is present and settled here.

She came as tier 1 psw dependent in June 2009, Got Tier 1 general dependant in January 2010 which was extended in Oct 2012, got FLR M 2 years visa in July 2014.
I have received ILR on long residency basis in July 2014.

Can you please help by pointing out that where exactly it states somewhere in immigration rules that time spent as pbs dependant and time spent as spouse of a present and settled person can be combined to be eligible for ILR
Can you please help?
Any other suggestions please?
I need your help desperately
Donking1 wrote:Dear all,
Thought I should post my reconsideration request here just in case is of use to others on this forum. I understand no two cases are the same, but hopes it gives re-assurance to anyone unfortunate enough to be in my situation.



LIVSET 2 UK Boarder Agency Managed Migration Department 6 P. O. Box 306 Liverpool
L2 0QN

Cc: Team Manager LIVSET 2

Ref: A.......8 Case ID: 0.......8

3rd May, 2013
Dear R. Pownell,
Reconsideration Request – SET (M) Indefinite Leave to Remain Application Name:............ Nationality.......DOB:.................
This is to request a reconsideration of your decision to refuse my SET (M) application for Indefinite Leave to remain in the UK. I note that your reasons for refusing my application is incorrectly based on my failure to meet requirements of paragraph 287 (i) (a) of the immigration rules.

I wish to draw your attention to the fact that my application falls directly under paragraph 287. (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom. I am extremely concerned that your decision was made without due consideration to paragraph (287(a) (i) and (d) of the immigration rules stated below:

(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.

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.

You stated in your reasons for refusal that I am subject to a probation period which began on the 1st August 2012, and concluded therefore I will not complete the probationary period until 1st August 2014. You also noted in your refusal letter, I have been resident in the UK since June 2002, initially as a student dependant and subsequently dependant of PBS migrant and also stay as spouse of a settled person who has now naturalised as a British Citizen. I have been a dependant of PBS migrant between 11th January, 2007 to 31st January 2010 and 2nd March 2010 to 2nd March 2012 and have already satisfied this requirement.

Clearly, you misapplied the rules in my case as paragraph (287(a) (i) (d) and 287(a) (i) (e): states that if main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.

The UKBA has long clarified this existing ambiguity by confirming (see below) in all other cases that - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).

Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).

It is therefore without question my application clearly meets the full list of criteria outlined in the Immigration Rules and relevant Casework Instructions, particularly those relating to (287(a) (i) and (d). Let me categorically point out that there is absolutely no requirement for me to complete a probationary period as I have indeed already satisfied this requirement.

The Immigration Rules and relevant Casework Instructions logically sets out how SET (M) applications in this category should be progressed. It is extremely distressing that in spite of all the evidence before you, particularly the fact that I have been legally resident in the UK since June, 2002 and have indeed established a strong bond of connection with the UK you still chose to refuse my application based on ‘spurious rules’.
In light of the provisions outlined in relevant sections of the immigration Rules and Casework Instructions, your decision to refuse my ILR cannot be seen as lawful or conforming to the letters and the spirit of paragraph (287(a) (i) and (d) of the Immigration Rules and the relevant Casework Instructions.
I hereby request you in light of the foregoing to reconsider your decision forthwith.

Yours sincerely

..........................
.....................................
If she was a PBS dependant prior to 9th July 2012, then she is subject to the transitional provisions.

If she applied for FLR(M) prior to 6th April 2014, then Part 8, including 287(a)(i)(d), would still be applicable.

Similar to Donking1's and shahjee1234's situations.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Amber
Moderator
Posts: 17453
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR Refused Plz help

Post by Amber » Wed Jul 30, 2014 4:36 pm

You need to challenge their decision to change the leave to 2.5 years also the fact they ignored 287(a)(i)(d). Do this in writing via recorded delivery.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR Refused Plz help

Post by allwell46 » Thu Jul 31, 2014 1:24 am

Dear Vinny, Amber, Shahjee123, and ther gurus and members

I have composed the following reconsideration letter to send to case worker at Solihull PEO, should I send it case worker or Manager case worker or Chief case worker please advise on this.
Can you please read it thoroughly and correct anything which you feel is incorrect or add any reference, links or material you feel will strengthen my reconsideration request.
I had actually found this letter on forum and just edited it a bit.

To
K. Savin
Premium Service Centre
UK Visas & Immigrations
Dominion Court
41 Station Street
Solihull
Birmingham
B91 3RT

Your Reference: ----------------
Case ID: --------------------

Subject: Reconsideration Request SET (M) Indefinite Leave to Remain

This is to request a reconsideration of your decision to refuse my SET (M) application for Indefinite Leave to remain in the UK. I note that your reason for refusing my application is incorrectly based on my failure to meet requirements of paragraph 287 (d) of the immigration rules.

I wish to draw your attention to the fact that my application falls directly under paragraph 287 (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom. I am extremely concerned that your decision was made without due consideration to paragraph (287(a) (i) and (d) of the immigration rules stated below:

(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.

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.

You stated in your reason for refusal that I do not meet the requirement of paragraph 287 (d) of the immigration rules as I have not completed a period of two years as the spouse or civil partner of a person who is now present and settled in United Kingdom.
So you wanted me to have completed two years on FLR (M) visa which was granted on 18 July 2014 and should expired on 18 July 2016. You also noted in your refusal letter, I have been resident in the UK since June 2009, initially as Tier 1 (post study) partner and subsequently Tier 1 dependant partner of PBS migrant and also stay as spouse of a person who is now present and settled in UK. I have been a dependant of PBS migrant between 18 January, 2010 to 18 July, 2014 and have already satisfied this requirement.

Clearly, you misapplied the rules in my case as paragraph (287(a) (i) (d): states that if main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying 2 years residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.

The Home Office has long clarified this existing ambiguity by confirming (see below) in all other cases that - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).

Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(d).

It is therefore without question my application clearly meets the full list of criteria outlined in the Immigration Rules and relevant Casework Instructions, particularly those relating to (287(a) (i) and (d). Let me categorically point out that there is absolutely no requirement for me to complete a 2 years period (probationary period) as I have indeed already satisfied this requirement.

The Immigration Rules and relevant Casework Instructions logically sets out how SET (M) applications in this category should be progressed. It is extremely distressing that in spite of all the evidence before you, particularly the fact that I have been legally resident in the UK since June, 2009 and have indeed established a strong bond of connection with the UK you still chose to refuse my application based on ‘spurious rules’.
In light of the provisions outlined in relevant sections of the immigration Rules and Casework Instructions, your decision to refuse my ILR cannot be seen as lawful or conforming to the letters and the spirit of paragraph (287(a) (i) and (d) of the Immigration Rules and the relevant Casework Instructions.

I have also sent an email to Family Migration Operational Policy Team at FamilyOpsPolicy@homeoffice.gsi.gov.uk, in there automated response email Under FAQs, It reads as follows.

Qualifying Periods

Question: An applicant needs to meet a qualifying period before applying for indefinite leave to remain (ILR). When does this begin?

Answer: If they entered the route overseas, the qualifying period will begin when they arrived in the UK. If they ‘switched’ into the route within the UK, the qualifying period begins on the date they were granted leave.

Question: Do dependants of PBS Migrants who apply for LTR as the Partner of a settled person begin their qualifying period again?

Answer: If the applicant was granted LTR under paragraph 284 of Part 8 of the Immigration Rules (following an application made prior to 6 April 2014) they can combine their leave as a PBS dependant with leave as the Partner of a settled person to meet the qualifying period under paragraph 287.

All other applicants must start their qualifying period again.

I hereby request you in light of the foregoing to reconsider your decision forthwith.


Yours sincerely

Name: -------------
Address: -------------
Nationality: -------------
DOB: --------------
Phone: -------------

Amber
Moderator
Posts: 17453
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR Refused Plz help

Post by Amber » Thu Jul 31, 2014 6:48 am

You need to add a paragraph stating that you applied for FLR(M) before 6 April 2014 thus as per Parliament's statement of changes should be considered under the rules in place at the time of application. Thus as a PBS dep before 9 July 2012 that was Part 8 of the immigration rules hence the grant of 2 years leave to remain. You are now eligible for ILR as 287(a)(i)(d) allows those under Part 8 of the rules to amalgamate the time as a PBS dep with that of a spouse/partner of a settled person to equate/exceed the required 2 year period for settlement. Moreover, if the caseworker if still unsure you would like your case examined by a senior caseworker.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

nadeem toheed
Member
Posts: 140
Joined: Sat Jan 19, 2013 2:48 pm

Re: ILR Refused Plz help

Post by nadeem toheed » Thu Jul 31, 2014 11:19 am

Amber wrote:How long had your wife been a PBS dep?

IND Public Enquiries (UKBApublicenquiries@UKBA.gsi.gov.uk)

25/06/2013

Thank you for your email dated 24 June 2013. Your enquiry has been forwarded to Home Office Public Enquiries because it is not a policy enquiry.

Please be advised that if your dependant was granted a Tier 1 (PSW) dependant visa prior to the 9th July 2012, she may apply for a spouse Leave to Remain under the rules in place for Partners who applied on or before 8 July 2012 and would not need to show the £18,600 financial requirement.
If your dependant has also completed two years in the Uk as a Tier 1(PSW) dependant, she can also apply for settlement after she gets her spouse under paragraph 284 (b) of the rules. Please be advised that time spent as student dependant is excluded.

For further information please visit the Home office website at: http://www.ukba.homeoffice.gov.uk/visas ... spouse-cp/

Yours sincerely,
Edward Henry
UK Visa & Immigration


Sent: 24 June 2013 11:06
To: Settlement Ops Policy Mailbox
Subject: Your help please

Dear Home Office,


Could you please help and advice me,
I (the Main applicant) have been granted ILR on the basis of ten years long residency and my dependent had a Tier 1 (PSW) status up till 31stJuly, 2014

My questions are,

1- Do I need to show (18,600) income threshold for her FLR (M) visa as she came very first time on student dependent in UK in March 2006?

2- After switching to FLR (M), can she apply for ILR immediately as she already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.



(WHEN I APPLIED MY WIFE SET(M) THIS MONTH, HOME OFFICE(CROYDON) TRY TO AVOID GRANTING ILR AND HOME OFFICE TRY TO FORCE ME TO WITHDRAW A CASE OR OTHERWISE THEY ARE GOING TO REFUSE ME BUT ALMOST 20 MINTS "HORRIBLE"DISCUSSION WITH CASE WORKER AND THEN SENIOR MEMBER OF STAFF, THEY GRANTED ILR , I JUST WANT TO TRY TO SAY YOU SOMETHING, ITS YOUR RIGHT TO GET ILR (DON'T GIVE UP, FIGHT AND YOU WILL GET ILR (INSHALLAH)

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR Refused Plz help

Post by allwell46 » Thu Jul 31, 2014 12:59 pm

Hi Amber and others

Thank you very much for your time to read and respond

1. Do you mean by statement of changes by the following link
https://www.gov.uk/government/uploads/s ... ssible.pdf
Where on c at page 2 you are referring.

2. and by immigration rule before 06 april 2014 by
https://www.gov.uk/government/uploads/s ... chived.pdf
Am I correct in saying that my wife was granted FLR M visa under 284 of immigration rules in place before 06 April 2014 so should have been granted ILR under 287 and she clearly full fills the 2 years qualifying periods

3. Date of application, plz see 1.1
https://www.gov.uk/government/uploads/s ... -guide.pdf
Plz can you correct my understanding about A280 c on page 11 3.4

4. I could not find these lines in immigration rules before 06 april 2014
an applicant is eligible for ILR as 287(a)(i)(d) allows those under Part 8 of the rules to amalgamate the time as a PBS dep with that of a spouse/partner of a settled person to equate/exceed the required 2 year period for settlement

4. I have also sent an email to FamilyOpsPolicy@homeoffice.gsi.gov.uk still waiting for their response but in automated response I got this

Qualifying Periods

Question: An applicant needs to meet a qualifying period before applying for indefinite leave to remain (ILR). When does this begin?
Answer: If they entered the route overseas, the qualifying period will begin when they arrived in the UK. If they ‘switched’ into the route within the UK, the qualifying period begins on the date they were granted leave.

Question: Do dependants of PBS Migrants who apply for LTR as the Partner of a settled person begin their qualifying period again?Answer: If the applicant was granted LTR under paragraph 284 of Part 8 of the Immigration Rules (following an application made prior to 6 April 2014) they can combine their leave as a PBS dependant with leave as the Partner of a settled person to meet the qualifying period under paragraph 287.

All other applicants must start their qualifying period again.

do you think attaching a copy of this automated response email will help, has it got any legal standing.

5. I have also find this from internet, can you please advise if this will help, has it got any legal standing
https://www.whatdotheyknow.com/request/ ... er_flr_m_2


Amber wrote:You need to add a paragraph stating that you applied for FLR(M) before 6 April 2014 thus as per Parliament's statement of changes should be considered under the rules in place at the time of application. Thus as a PBS dep before 9 July 2012 that was Part 8 of the immigration rules hence the grant of 2 years leave to remain. You are now eligible for ILR as 287(a)(i)(d) allows those under Part 8 of the rules to amalgamate the time as a PBS dep with that of a spouse/partner of a settled person to equate/exceed the required 2 year period for settlement. Moreover, if the caseworker if still unsure you would like your case examined by a senior caseworker.

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR Refused Plz help

Post by allwell46 » Thu Jul 31, 2014 3:07 pm

Dear Amber, Vinny and all others

I had spoken with immigration enquiry at 0300 123 2241 yesterday about the refusal of my wife's ILR under 287 (d), who then had sent an email to the case worker who had dealt the case. I just got a phone call from home office contact centre stating that they have got a reply back from case worker who have spoken with senior case worker as well stating the reason of refusal

Saying that because I was granted ILR on long residency basis in July 2014 so she falls under new rules. very weired
Please comment on this.

So they are keeping the same decision.

Please advise me shall I still send a letter of reconsiderations

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Re: ILR Refused Plz help

Post by UKBALoveStory » Thu Jul 31, 2014 3:22 pm

allwell46 wrote: Please advise me shall I still send a letter of reconsiderations
All the communication to home office should be done on paper. This will provide you a "proof" in case you need it in future. Also, on phone they can say whatever they want but on paper they can't write whatever they want. So go for the letter IMHO.
I am not an immigration adviser...All IMHO.

Amber
Moderator
Posts: 17453
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR Refused Plz help

Post by Amber » Thu Jul 31, 2014 10:37 pm

No, she applied for FLR(M) before April 2014 so it's immaterial what happened to you, it's her date of application which is important.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR Refused Plz help

Post by allwell46 » Thu Jul 31, 2014 10:53 pm

Hi Amber

Can you please comment on

allwell46 wrote:Hi Amber and others

Thank you very much for your time to read and respond

1. Do you mean by statement of changes by the following link
https://www.gov.uk/government/uploads/s ... ssible.pdf
Where on c at page 2 you are referring.

2. and by immigration rule before 06 april 2014 by
https://www.gov.uk/government/uploads/s ... chived.pdf
Am I correct in saying that my wife was granted FLR M visa under 284 of immigration rules in place before 06 April 2014 so should have been granted ILR under 287 and she clearly full fills the 2 years qualifying periods

3. Date of application, plz see 1.1
https://www.gov.uk/government/uploads/s ... -guide.pdf
Plz can you correct my understanding about A280 c on page 11 3.4

4. I could not find these lines in immigration rules before 06 april 2014
an applicant is eligible for ILR as 287(a)(i)(d) allows those under Part 8 of the rules to amalgamate the time as a PBS dep with that of a spouse/partner of a settled person to equate/exceed the required 2 year period for settlement

4. I have also sent an email to FamilyOpsPolicy@homeoffice.gsi.gov.uk still waiting for their response but in automated response I got this

Qualifying Periods

Question: An applicant needs to meet a qualifying period before applying for indefinite leave to remain (ILR). When does this begin?
Answer: If they entered the route overseas, the qualifying period will begin when they arrived in the UK. If they ‘switched’ into the route within the UK, the qualifying period begins on the date they were granted leave.

Question: Do dependants of PBS Migrants who apply for LTR as the Partner of a settled person begin their qualifying period again?Answer: If the applicant was granted LTR under paragraph 284 of Part 8 of the Immigration Rules (following an application made prior to 6 April 2014) they can combine their leave as a PBS dependant with leave as the Partner of a settled person to meet the qualifying period under paragraph 287.

All other applicants must start their qualifying period again.

do you think attaching a copy of this automated response email will help, has it got any legal standing.

5. I have also find this from internet, can you please advise if this will help, has it got any legal standing
https://www.whatdotheyknow.com/request/ ... er_flr_m_2


Amber wrote:You need to add a paragraph stating that you applied for FLR(M) before 6 April 2014 thus as per Parliament's statement of changes should be considered under the rules in place at the time of application. Thus as a PBS dep before 9 July 2012 that was Part 8 of the immigration rules hence the grant of 2 years leave to remain. You are now eligible for ILR as 287(a)(i)(d) allows those under Part 8 of the rules to amalgamate the time as a PBS dep with that of a spouse/partner of a settled person to equate/exceed the required 2 year period for settlement. Moreover, if the caseworker if still unsure you would like your case examined by a senior caseworker.

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR Refused Plz help

Post by allwell46 » Thu Jul 31, 2014 10:54 pm

Thank you amber
Amber wrote:No, she applied for FLR(M) before April 2014 so it's immaterial what happened to you, it's her date of application which is important.

Amber
Moderator
Posts: 17453
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR Refused Plz help

Post by Amber » Thu Jul 31, 2014 10:55 pm

I think what I wrote summed it up, but yes, you may add additional supporting evidence.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR Refused Plz help

Post by allwell46 » Thu Jul 31, 2014 11:08 pm

This was an other of the reason the case worker had given on the time of giving us decision at PEO, was saying when she applied for FLR M you (husband) was not settled. I had said that is right that is why home office had put her application on hold and granted her FLR M when I (husband) became settled person. So she came under immigration rules before 6 April 2014 as you always consider the date of application not the date of decision moreover because she was considered under old rules so she was granted FLR M for 24 months not 30 months. But very incompetent case workers. He was looking here and there, I said Can you open up Immigration rules on your computer I can show you.

They were also saying you (husband) has to have ILR for two years before they will grant her ILR, I had said This does not say anywhere in immigration rules. As per her SET M application is concerned she fulfils the whole criteria, she is a spouse of a settled person it does not say that settled person has to have spent 2 years on ILR before you grant her ILR.

Its a disgrace and shame that we paid nearly 1500 and still meet these incompetent case workers.

allwell46 wrote:Thank you amber
Amber wrote:No, she applied for FLR(M) before April 2014 so it's immaterial what happened to you, it's her date of application which is important.

Amber
Moderator
Posts: 17453
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: ILR Refused Plz help

Post by Amber » Fri Aug 01, 2014 3:53 am

There are many incompotent people in high positions, I come across them each day.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR Refused Plz help

Post by allwell46 » Fri Aug 01, 2014 1:55 pm

Hi amber and all

Just to update you I had updated the letter as per your advise and send it off.
Please remember us in your prays.

Will keep you updated.

GOd Helps
Member
Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: ILR Refused Plz help

Post by GOd Helps » Fri Aug 01, 2014 3:28 pm

you will be fine INSHA ALlah
just to update you i am inthe same boat as you on the top tier4 dependant,i have been granted flrm for 2 years but when i called the home office they said you need to spend five years .i wrote an email to them and today got a response that im eligible for settlement as i applied for flrm before 6th april.

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR Refused Plz help

Post by allwell46 » Sat Aug 02, 2014 7:17 am

Hi

Can you please provide me the email address where you wrote.
Will be greately appreciated.
My email address is allwell46@yahoo.com

We have written them reconsideration letter but we are still in a shock and scared what is gonna happen, because they have not only refused my wife's ilr but also cancelled her flr m 2 years visa and put her on 2.5 years visa under appendix fm 10 years to settlement.



GOd Helps wrote:you will be fine INSHA ALlah
just to update you i am inthe same boat as you on the top tier4 dependant,i have been granted flrm for 2 years but when i called the home office they said you need to spend five years .i wrote an email to them and today got a response that im eligible for settlement as i applied for flrm before 6th april.

GOd Helps
Member
Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: ILR Refused Plz help

Post by GOd Helps » Sat Aug 02, 2014 9:20 am

check your email.

esmsi
Senior Member
Posts: 519
Joined: Sun Feb 26, 2012 11:36 am

Re: ILR Refused Plz help

Post by esmsi » Sat Aug 02, 2014 2:45 pm

The reply from home office is very good.
It clearly says if depandent before 9th july2012 is not required to show income.There previous stay will be counted.But why student depandent excluded.


nadeem toheed wrote:
Amber wrote:How long had your wife been a PBS dep?

IND Public Enquiries (UKBApublicenquiries@UKBA.gsi.gov.uk)

25/06/2013

Thank you for your email dated 24 June 2013. Your enquiry has been forwarded to Home Office Public Enquiries because it is not a policy enquiry.

Please be advised that if your dependant was granted a Tier 1 (PSW) dependant visa prior to the 9th July 2012, she may apply for a spouse Leave to Remain under the rules in place for Partners who applied on or before 8 July 2012 and would not need to show the £18,600 financial requirement.
If your dependant has also completed two years in the Uk as a Tier 1(PSW) dependant, she can also apply for settlement after she gets her spouse under paragraph 284 (b) of the rules. Please be advised that time spent as student dependant is excluded.

For further information please visit the Home office website at: http://www.ukba.homeoffice.gov.uk/visas ... spouse-cp/

Yours sincerely,
Edward Henry
UK Visa & Immigration


Sent: 24 June 2013 11:06
To: Settlement Ops Policy Mailbox
Subject: Your help please

Dear Home Office,


Could you please help and advice me,
I (the Main applicant) have been granted ILR on the basis of ten years long residency and my dependent had a Tier 1 (PSW) status up till 31stJuly, 2014

My questions are,

1- Do I need to show (18,600) income threshold for her FLR (M) visa as she came very first time on student dependent in UK in March 2006?

2- After switching to FLR (M), can she apply for ILR immediately as she already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.



(WHEN I APPLIED MY WIFE SET(M) THIS MONTH, HOME OFFICE(CROYDON) TRY TO AVOID GRANTING ILR AND HOME OFFICE TRY TO FORCE ME TO WITHDRAW A CASE OR OTHERWISE THEY ARE GOING TO REFUSE ME BUT ALMOST 20 MINTS "HORRIBLE"DISCUSSION WITH CASE WORKER AND THEN SENIOR MEMBER OF STAFF, THEY GRANTED ILR , I JUST WANT TO TRY TO SAY YOU SOMETHING, ITS YOUR RIGHT TO GET ILR (DON'T GIVE UP, FIGHT AND YOU WILL GET ILR (INSHALLAH)

allwell46
Member
Posts: 101
Joined: Tue Mar 19, 2013 5:43 am
Location: Leeds

Re: ILR Refused Plz help

Post by allwell46 » Sat Aug 02, 2014 2:59 pm

Dear brother

Thank you so much for sharing, it helps greatly.

Plz check your email

GOd Helps wrote:check your email.

aakkoo
Member
Posts: 181
Joined: Tue Mar 08, 2011 7:40 pm
Pakistan

Re: ILR Refused Plz help

Post by aakkoo » Sun Aug 03, 2014 3:37 am

Any time frame for reconsideration replies ?? I am waiting since 2nd May 2014 :( .
"Pray before you are Prayed upon"

Locked
cron