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R-LTRPT vs 2-yr, 5-yr or 10-yr rules...

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Shogun75
Junior Member
Posts: 56
Joined: Mon Apr 01, 2013 3:35 pm

R-LTRPT vs 2-yr, 5-yr or 10-yr rules...

Post by Shogun75 » Sat Nov 22, 2014 11:44 am

Hello,

I've just painstakingly received my ILR based on 10-Years Long Residence, thanks to vinny and others on this forum.
I was previously on the PBS Tier 1 (PSW + G) since Aug 2008.
My UK-Born dependant born in Oct 2008 is currently registering as a British Citizen via form MN1.

My other dependants (i.e. my wife and my 15 years old son) history is as follows:
1.Entered the UK in Oct 2007 as Student's Dependants until Aug 2008
2.PBS Tier 1 (PSW) dependants from Aug 2008 to April 2011.(including Section 3C)
3.PBS Tier 1 (G) dependants from April 2011 to Nov 2014.(including Section 3C)
4.Applied for Tier 1 (G) extension in Mar 2013 which was dubiously refused in April 2013, Appeal submitted
5.Requested variation of leave in the Ground of Appeal from Tier 1 (G) to ILR based on Long Residence and Private life in June 2013.
4.Appeal allowed in June 2014.
6.Granted 30 months under R-LTRPT + Appendix FM EX1., in Nov 2014

My questions is what's "R-LTRPT"? I was expecting my wife to be subjected to the rules in place before 6 April 2014. Or should it be those after that date? This area seems extremely nebulous and I'm not really sure of the difference between 2-year, 5-year, 10-year rules, FLR(M) or eligibility for SET(M) etc..

My wife met all the other criteria, including Life in the UK, Financial, Suitability, etc...But has spent only 7 years in the UK so far.

Thanks in advance,

I

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: R-LTRPT vs 2-yr, 5-yr or 10-yr rules...

Post by vinny » Mon Nov 24, 2014 4:51 am

Appendix FM wrote:Section R-LTRPT: Requirements for limited leave to remain as a parent
R-LTRPT seems inappropriate for her as
R-LTRPT.1.1(c)(ii) fails because E-ECPT.2.3 fails?
Shogun75 wrote:My wife met all the other criteria, including Life in the UK, Financial, Suitability, etc...But has spent only 7 years in the UK so far.
Moreover, why did she need EX. 1?

What application had she made?
Was it valid and in-time?
Was it prior to 6 April 2014?
When did they make the decision?
Did they decide after you had won your appeal?
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.

Shogun75
Junior Member
Posts: 56
Joined: Mon Apr 01, 2013 3:35 pm

Re: R-LTRPT vs 2-yr, 5-yr or 10-yr rules...

Post by Shogun75 » Tue Nov 25, 2014 10:47 pm

vinny wrote:
Appendix FM wrote:Section R-LTRPT: Requirements for limited leave to remain as a parent
R-LTRPT seems inappropriate for her as
R-LTRPT.1.1(c)(ii) fails because E-ECPT.2.3 fails?
Shogun75 wrote:My wife met all the other criteria, including Life in the UK, Financial, Suitability, etc...But has spent only 7 years in the UK so far.
Moreover, why did she need EX. 1?

What application had she made?
Was it valid and in-time?
Was it prior to 6 April 2014?
When did they make the decision?
Did they decide after you had won your appeal?
Hi vinny thanks for getting back,

She has entered the UK with valid entry clearance as Student dependant in Oct 2007 at the same time as our first child aged 8 at the time and 15 now.

She initially applied to extend her "Tier 1 (G) - PBS - Dependant" in Mar 2013. However, the HO refused the Tier 1 (G) extension and as a result we appealed in Apr 2013 and I added my 10-year residence as a variation in the ground of appeal . Both the application and the appeals included me (in the UK legally since Oct 2002) and my 2 dependants who came in the UK in Oct 2007.

I naively applied for Tier 1 (G) extension rather than 10-Year ILR because I thought my dependants would have fallen into an administrative void since the 10-Year ILR is not passed to dependants. I thought it was safer to apply for Tier 1 (G) extension which was supposed to be straight forward first, and then all of us getting settlement after the 5 years under Tier 1 (G). The reason for refusing to extend the Tier 1 (G) was that I certified my own payslips as a company director which is not independant and there was no secondary evidence to corroborate my earnings. All additional documents submitted were rejected as "post-decision evidence" under Section 85(4)...

All application and appeals were submitted on time. Meanwhile, she passed Life in the UK test and we proved that we have sufficient income to meet all the financial requirements. All those documents were added to "boost up" the ground of appeal.

It appears that the HO didn't really know what to do because they requested adjourments to appeal on 4 separate occasions "to enable them to reconsider their position" and they really gave the impression to try to avoid our case altogether. The Judge finally allowed the appeal on the 24 June 2014 but the first adjourned hearing was held on the 3 Oct 2013, then adjourned again on the 30 Oct 2013 then adjourned again on the 28 Nov 2013 then adjourned again on the 20 Mar 2014 and finally fully heard and allowed on the 24 June 2014.

Apparently, It's now that my son has spent 7 years continuously in the UK (since Oct 2014) that they gave my wife a Parents Status as you explained earlier under EX1., by virtue of our son aged less than 18 and having spent 7 years continuously in the UK.

They made the decision on the 14 Nov 2014 and pointed out that "There's no right of appeal because a Leave to Remain in the UK has already been granted".

My question is, what happened to her "Dependant of a Settled person" status? The whole process look really nebulous and I don't really understand her status.

Also, how soon can she apply for ILR now that she's been given Leave to Remain by virtue of our son? What if our son leaves the UK, e.g. to pursue University in a different country. Does she have to leave the UK then whilst she initially came here as my dependant, that the relationship survives and that I'm probably a British Citizen at the time?

Very unclear rules are being applied here I've got no clue on what's going on...

Explanatio would be welcomed..

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: R-LTRPT vs 2-yr, 5-yr or 10-yr rules...

Post by vinny » Tue Nov 25, 2014 11:09 pm

I think that if she met all the Section R-LTRP: Requirements for limited leave to remain as a partner, then she should have been granted leave under Section D-LTRP, perhaps without the need for EX. 1.
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.

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