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what maintenance you showed.bonga wrote:Hi,
My spouse has recently get ILR under my settlement on 10yr LR, at 19th March Croydon (PEO). BOI not arrived yet. Today we have applied SET(M) Croydon (PEO), BIO was an issue but that was not the case. Case worker came and told that she have done our case for FLR(M). And she has done mistake last time as she gave her visa of 2 years without watching properly, which my spouse not entitled as Tire 4 PBS dependent not work permit she should get a 5 years visa. However she said we are keeping existing approval and please come after 2 years of qualifying period with reference of her senior case worker.
Then I have explain the rules of 2 years route come under 284 and so 287(a)(i)(d) should apply for her and I said even if it is 5 years route she is also qualify as she has been uk with me 8 years.
Then she let us wait and back after around more than an hour and replied no the same and so for this application they will not charge and return the fee back to account and replied same again Tire4 previous PBS will not qualify.
She quoted and don't want to give the print , I requested and took picture as reference why not to qualify the exiting PBS dependent time as a qualifying period even though previously my other friends took ILR in both 2 and 5 years route.
The txt was
"Dependence of PBS TIre 4 and Tire 5 migrants
The partner of a point based system migrant not on a route to settlement cannot,
with effect to application made on or after 6th April 2013 switch into the 11 partner route under paragraph 284 and amalgamate there leave as a partner under both routes towards the qualifying period for settlement.
April 2013 CHS-Family Members, sect1 - Spouses (General)"
So no success and no loss of money (Only £100), any way she is qualifying for 10 yr ILR Next June 15 and Feb 2016 for SEt(M) as spouse.
The case worker lady was convince the way we explained but as refer to senior case worker she refuse and we are not lawyer to emphasise all rules we have to back home. we said even if you want to give 5 years we should qualify ..Only once she said do we want 5 years ..I thought it was good stay as 2 years visa and keep as it is.
My questions are
1. is there any rules like they said April 2013 CHS-Family Members, sect1. Spouse1.. which protect the Tire 4 PBS dependent period as qualifying for Set (M)
2. why her Tire 4 PBS period was not taken into account for qualifying period
2. is the new rules of 6th April 2014 will any effect on her this situation
3. Do I need any thing to do it get it quickly, is any law or section will over come.
4 if there any shall we apply again or have to wait till the above time come to mature .
only thing I was trying to sort this quick as possible so we will be come out from immigration controls and apply naturalisation after a year and move on ...
Do any one have any suggestions then that will be great....
Thnaks
with my understanding I though she may would be in previous rule and will be qualify for FLR(M) section 7B and regarding this I have wrote a lot in this forum, so I have done only maintenance part. But I took 7A separately they didn't ask at PEO so I didn't gave, How ever case worker mentioned she only copy my payslip that day..I have submitted with all the same doc 2day and realise she copied most of them. I think as I filled up only 7B she get confused and didn't chk the previous PBS dependent status. Apparently both of our salary together will cover the 18600, which we have mentioned today and poof was there.GOd Helps wrote:what maintenance you showed.bonga wrote:Hi,
My spouse has recently get ILR under my settlement on 10yr LR, at 19th March Croydon (PEO). BOI not arrived yet. Today we have applied SET(M) Croydon (PEO), BIO was an issue but that was not the case. Case worker came and told that she have done our case for FLR(M). And she has done mistake last time as she gave her visa of 2 years without watching properly, which my spouse not entitled as Tire 4 PBS dependent not work permit she should get a 5 years visa. However she said we are keeping existing approval and please come after 2 years of qualifying period with reference of her senior case worker.
Then I have explain the rules of 2 years route come under 284 and so 287(a)(i)(d) should apply for her and I said even if it is 5 years route she is also qualify as she has been uk with me 8 years.
Then she let us wait and back after around more than an hour and replied no the same and so for this application they will not charge and return the fee back to account and replied same again Tire4 previous PBS will not qualify.
She quoted and don't want to give the print , I requested and took picture as reference why not to qualify the exiting PBS dependent time as a qualifying period even though previously my other friends took ILR in both 2 and 5 years route.
The txt was
"Dependence of PBS TIre 4 and Tire 5 migrants
The partner of a point based system migrant not on a route to settlement cannot,
with effect to application made on or after 6th April 2013 switch into the 11 partner route under paragraph 284 and amalgamate there leave as a partner under both routes towards the qualifying period for settlement.
April 2013 CHS-Family Members, sect1 - Spouses (General)"
So no success and no loss of money (Only £100), any way she is qualifying for 10 yr ILR Next June 15 and Feb 2016 for SEt(M) as spouse.
The case worker lady was convince the way we explained but as refer to senior case worker she refuse and we are not lawyer to emphasise all rules we have to back home. we said even if you want to give 5 years we should qualify ..Only once she said do we want 5 years ..I thought it was good stay as 2 years visa and keep as it is.
My questions are
1. is there any rules like they said April 2013 CHS-Family Members, sect1. Spouse1.. which protect the Tire 4 PBS dependent period as qualifying for Set (M)
2. why her Tire 4 PBS period was not taken into account for qualifying period
2. is the new rules of 6th April 2014 will any effect on her this situation
3. Do I need any thing to do it get it quickly, is any law or section will over come.
4 if there any shall we apply again or have to wait till the above time come to mature .
only thing I was trying to sort this quick as possible so we will be come out from immigration controls and apply naturalisation after a year and move on ...
Do any one have any suggestions then that will be great....
Thnaks
yes I have showed them 319AA Relevant Points Based System Migrant explanation , but she ignored ..showed IDI ..I didn't know your case reference, other wise I would have argue that as well, anything after 2013 need to support that would necessary to convince ..they said they made mistake and put her only 2 years route which might to be 5 years route ..but through the forum her PBS dependent before july 2012 and so I presume I should and did apply as an old rules ...get FLR with 7Bahyang0129 wrote:1. you need to fill section 7A only if you're on 5 year route, and for this route the 5 year probationary period starts from the date you get FLR(M).
2. i believe they made a mistake and IDI is not the proper legal ground. immigration rules para 319AA clearly defines what is a Relevant Points Based System Migrant, which include tier 4. they should not ignore this. i recall that in july 2012 there was a case in which the supreme court ruled that everything which will affect whether an applicant qualify for entry clearance or leave to remain must be laid in the Immigration Rules (R (Alvi) v Secretary of State for the Home Department [2012]). and the home office responded by moving everything which was written in then IDI Annex FM 1.7 into a new Appendix FM-SE of the Immigration rules and ran it through the parliament within days.
3. the IDI you found was written in the context that home office intended to change the rule on 6 apr 2013 to exclude dependents of tier-4, tier-5 and other migrants not on route to settlement. But they failed because of a mistake, which is explained here.
4. i don't know what to suggest but i guess you need a proper solicitor. and please other experts comment on this case.
If properly trained, then she should be aware that the rules trumps the IDI.bonga wrote:I have showed them 319AA Relevant Points Based System Migrant explanation , but she ignored ..showed IDI ..
Hi vinny, thanks for sharing your valuable information, and I have seen the 3 links but a vast area would you please do a little favour to help me ..where I have to look for ...then that will be great..
Thanks a lot ahyang...really appreciated for your advice ..I will try...that will be a good idea by post ..ahyang0129 wrote:please see this link
quote:
"However, in the context of the paragraphs [287(a)(i)(d) and 287(a)(i)(e)] you mention, the "Relevant Points Based System Migrant" must now be present and settled in the UK. Tier 1 (PSW) and Tier 4 (General) are not routes to settlement. The only way in which migrants in those routes could qualify for settlement would be on the basis of 10 years' long residence in the UK."
this means once those Relevant Points Based System Migrants (including those who are not on route to settlement) are settled and present in the UK, their spouses (who switch to FLR(M) via 284) can benefit from 287 (a)(i)(d).
i'll suggest (if you are not going to find a solicitor) you to write a cover letter citing all the info. mentioned above and explaining what happened at the PEO and apply via post again, and possibly make a request to refund your £100 appointment fee. good luck.
Read through the second link.bonga wrote:Hi vinny, thanks for sharing your valuable information, and I have seen the 3 links but a vast area would you please do a little favour to help me ..where I have to look for ...then that will be great..
no, as long as she is issued the FLR(M) under 284 (ie 2 year route).bonga wrote:
Thanks a lot ahyang...really appreciated for your advice ..I will try...that will be a good idea by post ..
Please let us know any update ..is she will have any difference on her application before or after 6th april for her ST(M) to apply ILR ?
Thanks againahyang0129 wrote:no, as long as she is issued the FLR(M) under 284 (ie 2 year route).bonga wrote:
Thanks a lot ahyang...really appreciated for your advice ..I will try...that will be a good idea by post ..
Please let us know any update ..is she will have any difference on her application before or after 6th april for her ST(M) to apply ILR ?
Thanks againahyang0129 wrote:no, as long as she is issued the FLR(M) under 284 (ie 2 year route).bonga wrote:
Thanks a lot ahyang...really appreciated for your advice ..I will try...that will be a good idea by post ..
Please let us know any update ..is she will have any difference on her application before or after 6th april for her ST(M) to apply ILR ?
really glad you valued advices ..yes I have gone through the vinny case, but wondering it was mostly on Pint based system, tire 2,I am not law student and very little knowledge to relate to this case and as it was also on 2012 where the IDI they mentioned is the april 2013, please let me know if I miss somethingahyang0129 wrote:1. they didn't make a mistake when issue the FLR(M) to your wife. they made the mistake when refusing her application for SET(M).
the thing is the reason they make the mistake in the latter is also the reason they mistakenly think they made a mistake in the former... (sorry if this sentence is a bit complicated...i didn't know that i can write a tongue twister.)
2. i don't see anything prevent her from qualifying for the 10 year lawful residence in June 2015, provided she didn't overstay her visa and there's no break (absent 180 days continuously or 540 days in total) in her lawful residence in the uk.
3. unless she plans to travel recently and need to have her passport and visa with her, i don't see the reason why you don't want to apply for SET(M) via post now. you should have all the documents ready after all. the only thing you need to do is writing a cover letter explaining what happened and what is the correct application of law.
another thing, i don't think you need to read the judgment vinny gave you sentence by sentence. if you're interested you can google a summary for that case. you only need to cite the case (as Alvi, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 33 (18 July 2012) ) to say the caseworker at PEO should not dismiss your application on the base of IDI, which is itself a mistake anyway.
ahyang0129 wrote:you just fill out SET(M) form normally.
your cover letter should state that
1. you are now applying for settlement based on the immigration rules para. 287.
2. your FLR(M) was granted before 6 apr 2014 and under para. 284: your previous pbs dependent visa was issued before 9 july 2012 and was valid LONGER THAN 6 MONTHS, so the requirement for FLR(M) set in the para. 284(i) (which is still in force on 5 apr 2014) was satisfied even though the visa was pbs dependent of tier 4 general.
3. according to para. 287 (a)(i)(d) you can amalgamate your leave as partner of Relevant Points Based System Migrant toward the qualifying period for settlement.
4. according to para. 319AA, tier 4 is included in the definition of Relevant Points Based System Migrant. this is also confirmed by the whaydotheyknow letter (print it out), which states the 10 year long residence route is the only way for tier 4 migrant to be settled and present in the UK in order to satisfy the requirements set by 287 (a)(i)(d).
5. your previous application at Croydon PEO was dismissed because the caseworker thought your FLR(M) was issued by mistake. and she referred to the text in the IDI as the reason for so doing.
6. you believe the caseworker at PEO was mistaken because that specific IDI is in contrary to the Immigration Rules, and it is established in the Alvi case that (as vinny said) Immigration Rules trumps IDI.
7. you believe you should have been granted SET(M) at the PEO if the caseworker didn't make the mistake. so (in addition to the application) you're requesting a refund for the £100 appointment fee as there's no fault on your side.
i'm not sure if i miss anything... why should we teach caseworkers how things should be done?
ahyang0129 wrote:you just fill out SET(M) form normally.
your cover letter should state that
1. you are now applying for settlement based on the immigration rules para. 287.
2. your FLR(M) was granted before 6 apr 2014 and under para. 284: your previous pbs dependent visa was issued before 9 july 2012 and was valid LONGER THAN 6 MONTHS, so the requirement for FLR(M) set in the para. 284(i) (which is still in force on 5 apr 2014) was satisfied even though the visa was pbs dependent of tier 4 general.
3. according to para. 287 (a)(i)(d) you can amalgamate your leave as partner of Relevant Points Based System Migrant toward the qualifying period for settlement.
4. according to para. 319AA, tier 4 is included in the definition of Relevant Points Based System Migrant. this is also confirmed by the whaydotheyknow letter (print it out), which states the 10 year long residence route is the only way for tier 4 migrant to be settled and present in the UK in order to satisfy the requirements set by 287 (a)(i)(d).
5. your previous application at Croydon PEO was dismissed because the caseworker thought your FLR(M) was issued by mistake. and she referred to the text in the IDI as the reason for so doing.
6. you believe the caseworker at PEO was mistaken because that specific IDI is in contrary to the Immigration Rules, and it is established in the Alvi case that (as vinny said) Immigration Rules trumps IDI.
7. you believe you should have been granted SET(M) at the PEO if the caseworker didn't make the mistake. so (in addition to the application) you're requesting a refund for the £100 appointment fee as there's no fault on your side.
i'm not sure if i miss anything... why should we teach caseworkers how things should be done?
i understand but i doubt that your case will be handled by the same caseworker and unless they have specific evidence or record of any breach of the immigration rules then i think you're be fine. no need to worry about these things as practically nothing you can do about them.bonga wrote: LOL we really need to help them. there the case worker talked with us also told me you did good home work and I don't even know all this details ...but I should have to call the senior case worker to come and chat , but I didn't...
really appreciated. I am very happy to proceed .and just wait for BIO which should come Monday as spoke with DX .only a small question... do you think this re-apply SEt(M) will annoyed them and will try to find other way to refuse or which will make it more, complicated later or say ...they will look for my(sponsor) very details long background ..such as .study record or as I was in tire4 before settlement , may some time cross the work limit duration ..sorry we people afraid to much...please any comments
Thanks Again ..
Yes you are right ...thanks a lotahyang0129 wrote:i understand but i doubt that your case will be handled by the same caseworker and unless they have specific evidence or record of any breach of the immigration rules then i think you're be fine. no need to worry about these things as practically nothing you can do about them.bonga wrote: LOL we really need to help them. there the case worker talked with us also told me you did good home work and I don't even know all this details ...but I should have to call the senior case worker to come and chat , but I didn't...
really appreciated. I am very happy to proceed .and just wait for BIO which should come Monday as spoke with DX .only a small question... do you think this re-apply SEt(M) will annoyed them and will try to find other way to refuse or which will make it more, complicated later or say ...they will look for my(sponsor) very details long background ..such as .study record or as I was in tire4 before settlement , may some time cross the work limit duration ..sorry we people afraid to much...please any comments
Thanks Again ..
Hi Bonga,bonga wrote:any body have any updates like the same situation...