ILR for Dependent Help Needed please

Hi,
I had tier 1 general visa from May 2009 and got my ILR approved on 06 May 2014.

My wife came to UK on 15th July 2012 on Tier 1 dependent visa but we applied in India in May 2012 and visa was granted in June 2012 so she falls under the old rules.
Her Tier 1 dependent visa was expired on 15th May 2012 and we got her visa extended under FLR(m).

Can someone please explain me when will she be eligible for settlement? Is it in July 2014 or she will have to wait for 2 more years as she came under FLR(m) in May 2014?

Also can you please let me know which form I need to use for her settlement?

Thanks.

You shouldn't have switched to FLR(M) really, there was no need. However, she may apply for SET(M) from 28 days before 15th July 2014 by virtue of immigration rule 287(a)(i)(d). B1 English and LIUK required.

Thanks Amber. Really appreciate.

So do I need to write in the cover letter that by the virtue of immigration rule 287(a)(i)(d) she is eligible for settlement?

Thanks.

Yes you should

Thanks.

Hi Amber,

Can I use this cover letter for my wife's ILR? ... I got this from one of the post on this forum.
However it states in the last paragraph that
" 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)"

But my wife got extension on FLR(M) in May 2014. Will this affect her application?

Please let me know.

Thanks in advance.




To
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UK Visas & Immigrations

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

Subject: SET(M) Indefinite Leave to Remain

Dependant came UK as PSW dependant in 2008 . In 2009 ,switch to tier 1 depandent. Later extend visa as teir1 depandent .
Main applicant appliued ILR in 2013 as long residency caegory AND approved in 2014 Febuary.
Afer main applicant ILR ,depandent applied flr(M) in 2nd appril 2014 by post . Approved in May 2014.

This depandent 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. 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.

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).

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.



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.



Yours sincerely

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

Can someone please reply me. This is urgent as I have SET M appointment for my wife on Monday.

Thanks.

Hi,
I am sorry if it is already been cleared or discussed somewhere else.But I am confused with the new rules came in April 2014.
My situation is as below

I had tier 1 general visa from May 2009 and got my ILR approved on 06 May 2014.

My wife came to UK on 15th July 2012 on Tier 1 dependent visa but we applied in India in May 2012 and visa was granted in June 2012 so she falls under the old rules.
Her Tier 1 dependent visa was expired on 15th May 2014 and we got her visa extended under FLR(m).

Can someone please explain me when will she be eligible for settlement? Is it in July 2014 or she will have to wait for 2 more years as she came under FLR(m) in May 2014?

---To the above amber has already explained me that 287(a)(i)(d) will allow her to get ILR. But I just came to know that if new FLR m was granted after 6th April 2014 then previous time spent in UK is reset to zero.

I am not sure if she falls under new rule or old rule i.e. 2yrs can be from PBS dependent + FLR m

Thanks.

rohans wrote:Dependant came UK as PSW dependant in 2008 . In 2009 ,switch to tier 1 depandent. Later extend visa as teir1 depandent .
Main applicant appliued ILR in 2013 as long residency caegory AND approved in 2014 Febuary.
Afer main applicant ILR ,depandent applied flr(M) in 2nd appril 2014 by post . Approved in May 2014.

How ling was her FLR(M) granted for?

She should be eligible to apply for SET(M) under 288.

She was granted FLR m for 2years.

If she has completed the KOLL requirements, then she may apply for SET(M) now.

Thanks for the reply Vinny.
I am sorry to be a pain but just to be clear

1.If they tell me that she has not completed 2years as dependent on FLR M or if they say she has to complete 5years as she switched to FLR M after April 2014 what should my reply be?

2. She has passed life in UK and qualification is in the list of UK NARIC.
3. Are there any maintenance requirements for her ILR?

Thanks.

The important points are that she applied prior to 6th April 2014 and they granted FLR(M) under Part 8, under the transitional provisions, as she was a dependant prior to 9 July 2012.

Therefore, she should be eligible to apply for SET(M) under 288.

vinny wrote:The important points are that she applied prior to 6th April 2014 and they granted FLR(M) under Part 8 under the transitional provisions, as she was a dependant prior to 9 July 2012.

Therefore, she should be eligible to apply for SET(M) under 288.

No she applied for FLR M in May 2014 not before 6th April 2014.

rohans wrote:Dependant came UK as PSW dependant in 2008 . In 2009 ,switch to tier 1 depandent. Later extend visa as teir1 depandent .
Main applicant appliued ILR in 2013 as long residency caegory AND approved in 2014 Febuary.
Afer main applicant ILR ,depandent applied flr(M) in 2nd appril 2014 by post . Approved in May 2014.

Is this incorrect?

rohans wrote:Hi,
I am sorry if it is already been cleared or discussed somewhere else.But I am confused with the new rules came in April 2014.
My situation is as below

I had tier 1 general visa from May 2009 and got my ILR approved on 06 May 2014.

My wife came to UK on 15th July 2012 on Tier 1 dependent visa but we applied in India in May 2012 and visa was granted in June 2012 so she falls under the old rules.
Her Tier 1 dependent visa was expired on 15th May 2014 and we got her visa extended under FLR(m).

Can someone please explain me when will she be eligible for settlement? Is it in July 2014 or she will have to wait for 2 more years as she came under FLR(m) in May 2014?

---To the above amber has already explained me that 287(a)(i)(d) will allow her to get ILR. But I just came to know that if new FLR m was granted after 6th April 2014 then previous time spent in UK is reset to zero.

I am not sure if she falls under new rule or old rule i.e. 2yrs can be from PBS dependent + FLR m

Thanks.

My situation is as above. The one you mentioned is incorrect.

When did she apply? It may be different from when it was granted.

She applied on 14th May 2014 with same day service. And granted 2years Spouse/partener leave to remain.

If the FLR(M) was granted for 2 years, then it was apparently granted under 285 and not 30 months under D-LTRP.

If she's lucky, then 288 may be applicable for SET(M).

What if she is not lucky and they refuse her application.

Can I make any arguments with them?

It was their mistake in granting a FLR(M) 24 months extension instead of a 30 months extension.

Even if they grant her a 30 months extension shorty before expiry of leave, she won't have sufficient leave to complete her required 60 months. That may be unreasonable.

So what do you suggest I should do? Should I go ahead as normal ILR application and see what they say or should I cancel her ILR application?

I don't know what you should do.

If you have already paid, then I doubt that they would refund the fees, unless the application is invalid.

I think I will go ahead with the application on the basis that her initial entry clearance was granted before 9th July 2012.So she still just need to complete 2years as a partner.

I will let you know the outcome. Thanks for your support.

Good luck!