Legality of July 2012 rule changes for tier1

[Amber]

In order to be granted FLR(M) under Part 8. The old rules, the current leave under Part 8 must not be as a PBS dep. Even if the transitional provisions state otherwise, the rule above doesn't allow it since 6 April 2014. The caseworker erred, albeit in the applicant's favour.

[moonway]

valid from 0306/14 till 03/06/16.
thats what i said in my previous post that explain to the cw and then let thm decide.

[Amber]

I'm not disputing that you've been granted 2 years, it's just contrary to the rules, it'll be interesting to see what's said at your ILR. I hope you're successful.

[moonway]

Thanx Amber i will update you on friday.

[Zzee]

You might be right but there is still enough doubt and contradiction so I am gonna pay HO a visit soon and will update Ur knowledge on the above.

[faisaltanoli]

Thanx Amber i will update you on friday.

Please update us on Friday. We want to see what will be the outcome.

Thanks

Regards
Faisal

[Zzee]

Moonway inshallah you will get Ur ILR on Friday. Good luck

[kam12]

hiya ,

well new part 8 rules are very vague and can be misinterpret , these rules section 284 does not say that it will apply on those dependents of applicant as well who got ILR on long residency basis , i think we are still covered by transitional arrangement. even before 6th April 2014 some dependent got 2.5 years visa and corrected later as visa officer easily confused with new and old rules so i think if we explain them by cover letter or go to PEO , there are many chances we will get 2 years visa for our dependents. if we see FLR(m) , if that is the case then why they haven't changed guidance notes and still it says "If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not
required to complete section 7A, Proceed to 7B MAINTENANCE"
why they haven't mentioned we can't complete section 7B if we are applying as a spouse of ILR (long residency).
if we interpret part 8 section 284 then @Amber is right but these could be on imply on someone who will apply after 6th April 2014 and also not covered by transitional arrangement.
i think mostly FLR(M) applicants are getting 2.5 years after 6th April 2014 because they assumed or misinterpret or someone told them to complete section 7A because rules have been changed, if you complete section 7A then obviously visa office won't give to 2 years visa because they can easily misinterpret that this person covered by new rules even don't bother to look at in detail.

I called 10 solicitors and 6 said new rules does not apply on us and 4 said it will apply on us(who is right or wrong).and also there is no clear picture on their websites. so


let's see what will happen in couple of weeks then picture would be more clear .

[imraheel]

Hello Everyone,

Is there any update on this petition? Any progress of any kind.
I am stuck in the same situation. Last week my fine 2.5 years flr m visa while I had the indefinite visa staring from 8th Apr 2014.

Regards,

[Amber]

I'm sorry Kam12, but the statement of changes were quite clear of what was intended by the rule amendment in Part 8:

Corrections are being made to enforce the intention that only dependants of individuals who qualified for settlement under the Points-Based System can apply for settlement as dependants of Points-Based System Migrants. Previously the Immigration Rules allowed dependents of those who qualified for settlement on the basis of long residence to also apply. The change will mean such dependants will need to apply for leave to remain under the rules for family members in Appendix FM before they can qualify for settlement.

[Ali hassan]

I'm sorry Kam12, but the statement of changes were quite clear of what was intended by the rule amendment in Part 8:

Corrections are being made to enforce the intention that only dependants of individuals who qualified for settlement under the Points-Based System can apply for settlement as dependants of Points-Based System Migrants. Previously the Immigration Rules allowed dependents of those who qualified for settlement on the basis of long residence to also apply. The change will mean such dependants will need to apply for leave to remain under the rules for family members in Appendix FM before they can qualify for settlement.

Hi amber
please give me your expert opinion .I applied flr m same day premium service at Liverpool on 10th of April 2014 .I received survey email from ukvi on 19th of may . I write a letter on 27 of may but I didn't received any information respond or any result .I don't know what to do .

[Amber]

You applied on a PEO, were you given a decision?

[faisaltanoli]

Though it is very confusing situation, but I must say the rules are very clear about it. I am not sure why they have not indicated in Guidance notes...

[john108]

I'm wondering how the case workers are simply convinced by hearing the applicant's words and issue the visa. Can't they discuss these issues with their seniors before taking a decision?

So far I've heard of 3 cases getting FLR(M) under old rule (PBS dependents - pre July 2012) after 6th April!

[faisaltanoli]

There is one another case reported by member that his wife got FLR(M) on PEO yesterday... he says he did not fill the 7A and within 20 minutes his wife got her visa...

[imraheel]

New rules say that ilr long residence partner need to get flr m visa accrding to appendix fm. But appendix fm does not say that partner need to stay five years on flr m visa. Can anyone comment on this? Regards.

[moonway]

rajamahbub wrote:
I received my ILR on 8th 0f May, 2014 through 10 years long residency. I applied for my wife's FLR (M) through PEO Croydon yesterday and it was successful.

On the application I did not fill Financial Requirements 7(A) instead I completed Manitenance 7(B) despite my salary is way over the financial requirements. My wife has been here since 2008 on spouse of IGS, PSW and T1 (General). I was worried they'll ask me why I didn't complete section 7(A) as it is a requirements according to new rules. But they didn't ask us any question and took only 20 minutes to make their decision. On the letter it states, you may now stay two more years and after two years you can apply for ILR. So it's definitely treated under old rule.

So keep your hope but it completely depends on individual case worker and how they interpret the new rules!

One question, can my wife apply for ILR now or she has to wait two more years?

[moonway]

yes you can apply ilr at any time.

[Zzee]

I received my ILR on 8th 0f May, 2014 through 10 years long residency. I applied for my wife's FLR (M) through PEO Croydon yesterday and it was successful.

On the application I did not fill Financial Requirements 7(A) instead I completed Manitenance 7(B) despite my salary is way over the financial requirements. My wife has been here since 2008 on spouse of IGS, PSW and T1 (General). I was worried they'll ask me why I didn't complete section 7(A) as it is a requirements according to new rules. But they didn't ask us any question and took only 20 minutes to make their decision. On the letter it states, you may now stay two more years and after two years you can apply for ILR. So it's definitely treated under old rule.

So keep your hope but it completely depends on individual case worker and how they interpret the new rules!

One question, can my wife apply for ILR now or she has to wait two more years?

Hi Amber,

I was just wondering what is your understanding of the above ??? Another error may be ???

[Zzee]

The message is from rajamahbub by the way...

[Amber]

It makes rather a mockery of the rules, I'm not sure if it was the same PEO?

[moonway]

It makes rather a mockery of the rules, I'm not sure if it was the same PEO?

mine was in Glasgow peo

[imraheel]

New rules say that partner of ilr long residence need to get flr m visa accrding to appendix fm. But appendix fm does not say that partner has to stay five years on flr m visa. I am confused. Where are these five years coming from? Can anyone comment on this? Regards.

[kam12]

i think we just made mind for 5 years route , I haven't read anywhere (officially ) that clock will reset from zero,
if there is any official link ?????

[moonway]

ilr for my wife approved today at peo
she got her flr(m) for 2 yrs on 3rd of june .
i got ilr on 10 yrs basis couple a months a ago