ILR Refused Plz help

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.

check your email.

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)

Dear brother

Thank you so much for sharing, it helps greatly.

Plz check your email

GOd Helps wrote:check your email.

Any time frame for reconsideration replies ?? I am waiting since 2nd May 2014 .

Are you in the same trouble as we are?
God bless both of us. Aameen

If so can you please share the relevant laws and references you mentioned in your reconsideration letter.
I would assume the reasonable time frame would be a month but they are taking longer in your case which is making me feel bad as well.

You can send the same through your mp or complain direct to ukvi.

Can the board members plz share the relevant immigration laws and their references to compose a strong letter to send to ukvi plz.

I am going to do the same.

Plz share at allwell46@yahoo.com

aakkoo wrote:Any time frame for reconsideration replies ?? I am waiting since 2nd May 2014 .

Dear Amber, Vinny, Shahjee123, other members whoever contributed,

I have received a good news from Solihull (PSC), They have granted ILR to my wife.

Just to explain background of case, I had received ILR on long residency basis in July 2014, My wife who came to UK very first time in June 2009 on Tier 1 PSW partner visa then later on were switched to Tier 1 general dependant visa then had tier 1 general extension and Had applied for FLR M on 03 April 2014 and requested HO to put her application on hold until they decide my ILR.

We had one day service appointment at Solihull Birmingham for wife's ILR set m application in July but they had refused it as per 287 d, but verbally they said the followings
1. The husband is just been granted ILR 2 weeks ago so we cant give ILR to wife, Husband has to spend 2 years having ILR before we can give to wife.
2. Wife has to spend 2 years on FLR M before she is eligible to apply for ILR
3. Transitional arrangements no longer exists
4. blah blah blah
I had a firing discussions with the case worker, explained her all and answered her all questions but she all in vain.

Anyway I came here on this forum, I was advised to write a reconsiderations letter, which I did and got the good results. within 10 days. Thank you all of you.

Piece of advise, Anyone of you in the same situations please go ahead and apply set m, I can confirm that time spent as PBS dependant and time spent as spouse of settled person (flr m) is still being amalgamated provided your mrs came to uk very first time before 09 July 2012 and had applied for flrm before 06 april 2014 and you gets ur ILR under long residency basis.
I have been to about 20 different immigration solicitors only 2 of them knew about it. Case workers seems don't know about the old immigration rules and refusing applications probably because they are not trained well.

If you need any help please I am available to help and want to contribute to this forum. I want to say thank you to all of you who were being so helpful and supportive to me in my stressful time.

God bless all of you.
Regards
Allwell46

Congratulations!

Thank you amber. You are starr.
May Almighty God fulfil all your wishes.

congratulations ....excellent result indeed

congratulations

Well done.

Congrats allwell

that is great news so happy for you
u deserve it
wish you best of luck for future
remmeber in ur prayers

Many congratulations. Best of luck for the future ahead.

Many congrae.
I am the similar siuaton like you.
Got ILR on Feb 2014 on 10 years rule.Wife ,came as psw depandent in 2008 ,later tier1 depandent ,applied on 4th April 2014 for flr(M) by post but approve June 2014.
My wife recenly passed life in he UK tes.

I am thinking to apply Set(M) for my wife.Confused about which I should do . Post or PEO.

Pleasse publish your cover leter witout personal detals

allwell46 wrote:Dear Amber, Vinny, Shahjee123, other members whoever contributed,

I have received a good news from Solihull (PSC), They have granted ILR to my wife.

Just to explain background of case, I had received ILR on long residency basis in July 2014, My wife who came to UK very first time in June 2009 on Tier 1 PSW partner visa then later on were switched to Tier 1 general dependant visa then had tier 1 general extension and Had applied for FLR M on 03 April 2014 and requested HO to put her application on hold until they decide my ILR.

We had one day service appointment at Solihull Birmingham for wife's ILR set m application in July but they had refused it as per 287 d, but verbally they said the followings
1. The husband is just been granted ILR 2 weeks ago so we cant give ILR to wife, Husband has to spend 2 years having ILR before we can give to wife.
2. Wife has to spend 2 years on FLR M before she is eligible to apply for ILR
3. Transitional arrangements no longer exists
4. blah blah blah
I had a firing discussions with the case worker, explained her all and answered her all questions but she all in vain.

Anyway I came here on this forum, I was advised to write a reconsiderations letter, which I did and got the good results. within 10 days. Thank you all of you.

Piece of advise, Anyone of you in the same situations please go ahead and apply set m, I can confirm that time spent as PBS dependant and time spent as spouse of settled person (flr m) is still being amalgamated provided your mrs came to uk very first time before 09 July 2012 and had applied for flrm before 06 april 2014 and you gets ur ILR under long residency basis.
I have been to about 20 different immigration solicitors only 2 of them knew about it. Case workers seems don't know about the old immigration rules and refusing applications probably because they are not trained well.

If you need any help please I am available to help and want to contribute to this forum. I want to say thank you to all of you who were being so helpful and supportive to me in my stressful time.

God bless all of you.
Regards
Allwell46

Thank you every one.

Dear esmsi. I hv already helped you. Good luck with your mrs application,

Dear Participants on the discussion as Subject above,

I would like to express my thanks to this great platform and with your direction, my wife's ILR has been granted recently.
She qualified having been my dependent since March 2012, & extending her FLR(M) on the 3rd of April 2014 (i.e. 3 days before the law changed which meant, had we been late she would have to wait for 2 years from April 2014 to get her ILR.
But she made it, under the
Paragraph 4.5 of the Chapter 8 Transitional Provisions: Family Members under Part 8 and Appendix FM of the Immigration Rules:
“ 4.5. Long Residence and Points Based System Dependants
4.5.5.PBS dependants who have already switched to being the partner of a settled person under Part 8 (or have applied to do so before 6 April 2014) can continue under Part 8 and apply for indefinite leave to remain under paragraph 287 or 295G. Their period of leave as a PBS dependant can be combined with their leave as the partner of a settled person to meet the required qualifying period.”

We had to make sure to include all the documentation requested as evidence.

So for all people who had applied under the FLR(M) extension of stay as dependant before the 6th April 2014 & has been in the UK as a dependent for 2 years (irrelevant if the spouse had Settlement at the time i.e. if they were still on PBS), apply in confidence.

Thanks for this great thread.

Hi Nishdj2,
how about if some one has got ILR on 10 years route and switched his spouse visa to FLR M in 2015. Keeping in mind that dependent has been in the UK since 2011 on PBS dependent visa. My question is will spouse needs to cover 2 years or 5 years qualifying period.

Thanks

Taha

Re: ILR Refused Plz help
Postby nishdj2 » Mon Apr 20, 2015 8:29 am

Dear Participants on the discussion as Subject above,

I would like to express my thanks to this great platform and with your direction, my wife's ILR has been granted recently.
She qualified having been my dependent since March 2012, & extending her FLR(M) on the 3rd of April 2014 (i.e. 3 days before the law changed which meant, had we been late she would have to wait for 2 years from April 2014 to get her ILR.
But she made it, under the
Paragraph 4.5 of the Chapter 8 Transitional Provisions: Family Members under Part 8 and Appendix FM of the Immigration Rules:
“ 4.5. Long Residence and Points Based System Dependants
4.5.5.PBS dependants who have already switched to being the partner of a settled person under Part 8 (or have applied to do so before 6 April 2014) can continue under Part 8 and apply for indefinite leave to remain under paragraph 287 or 295G. Their period of leave as a PBS dependant can be combined with their leave as the partner of a settled person to meet the required qualifying period.”

We had to make sure to include all the documentation requested as evidence.

So for all people who had applied under the FLR(M) extension of stay as dependant before the 6th April 2014 & has been in the UK as a dependent for 2 years (irrelevant if the spouse had Settlement at the time i.e. if they were still on PBS), apply in confidence.

Thanks for this great thread.
nishdj2
Newly Registered

Posts: 4
Joined: Fri Jan 23, 2015 10:13 pm

Unfortunately, people switching to FLR(M) from 6th April 2014 are considered under Appendix FM.