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"My wife came 2008 as PSW dependent.Later Tier1 dependent .
Main applicant applied 2013 ,approved 2014 to switch ILR in 10
years rule .After main applicant ,dependent switch to FLR(M).But
flr(M) application submitted before 6th April 2014.Decesion came after 6th April.
Amber wrote:How long had your wife been a PBS dep?
If she was a PBS dependant prior to 9th July 2012, then she is subject to the transitional provisions.allwell46 wrote:Dear All
Home office has refused my wife's ILR under 287 (d) saying that she has not completed 2 years as spouse of a person who is present and settled here.
She came as tier 1 psw dependent in June 2009, Got Tier 1 general dependant in January 2010 which was extended in Oct 2012, got FLR M 2 years visa in July 2014.
I have received ILR on long residency basis in July 2014.
Can you please help by pointing out that where exactly it states somewhere in immigration rules that time spent as pbs dependant and time spent as spouse of a present and settled person can be combined to be eligible for ILR
Can you please help?
Any other suggestions please?
I need your help desperately
Donking1 wrote:Dear all,
Thought I should post my reconsideration request here just in case is of use to others on this forum. I understand no two cases are the same, but hopes it gives re-assurance to anyone unfortunate enough to be in my situation.
LIVSET 2 UK Boarder Agency Managed Migration Department 6 P. O. Box 306 Liverpool
L2 0QN
Cc: Team Manager LIVSET 2
Ref: A.......8 Case ID: 0.......8
3rd May, 2013
Dear R. Pownell,
Reconsideration Request – SET (M) Indefinite Leave to Remain Application Name:............ Nationality.......DOB:.................
This is to request a reconsideration of your decision to refuse my SET (M) application for Indefinite Leave to remain in the UK. I note that your reasons for refusing my application is incorrectly based on my failure to meet requirements of paragraph 287 (i) (a) of the immigration rules.
I wish to draw your attention to the fact that my 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. I am extremely concerned that your decision was made without due consideration to 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.
You stated in your reasons for refusal that I am subject to a probation period which began on the 1st August 2012, and concluded therefore I will not complete the probationary period until 1st August 2014. You also noted in your refusal letter, I have been resident in the UK since June 2002, initially as a student dependant and subsequently dependant of PBS migrant and also stay as spouse of a settled person who has now naturalised as a British Citizen. I have been a dependant of PBS migrant between 11th January, 2007 to 31st January 2010 and 2nd March 2010 to 2nd March 2012 and have already satisfied this requirement.
Clearly, you misapplied the rules in my case as paragraph (287(a) (i) (d) and 287(a) (i) (e): 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 residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.
The UKBA 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(a).
It is therefore without question 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 probationary period as I have indeed already satisfied this requirement.
The Immigration Rules and relevant Casework Instructions logically sets out how SET (M) applications in this category should be progressed. It is extremely distressing that in spite of all the evidence before you, particularly the fact that I have been legally resident in the UK since June, 2002 and have indeed established a strong bond of connection with the UK you still chose to refuse my application based on ‘spurious rules’.
In light of the provisions outlined in relevant sections of the immigration Rules and Casework Instructions, your decision to refuse my ILR cannot be seen as lawful or conforming to the letters and the spirit of paragraph (287(a) (i) and (d) of the Immigration Rules and the relevant Casework Instructions.
I hereby request you in light of the foregoing to reconsider your decision forthwith.
Yours sincerely
..........................
.....................................
Amber wrote:How long had your wife been a PBS dep?
Amber wrote:You need to add a paragraph stating that you applied for FLR(M) before 6 April 2014 thus as per Parliament's statement of changes should be considered under the rules in place at the time of application. Thus as a PBS dep before 9 July 2012 that was Part 8 of the immigration rules hence the grant of 2 years leave to remain. You are now eligible for ILR as 287(a)(i)(d) allows those under Part 8 of the rules to amalgamate the time as a PBS dep with that of a spouse/partner of a settled person to equate/exceed the required 2 year period for settlement. Moreover, if the caseworker if still unsure you would like your case examined by a senior caseworker.
All the communication to home office should be done on paper. This will provide you a "proof" in case you need it in future. Also, on phone they can say whatever they want but on paper they can't write whatever they want. So go for the letter IMHO.allwell46 wrote: Please advise me shall I still send a letter of reconsiderations
allwell46 wrote:Hi Amber and others
Thank you very much for your time to read and respond
1. Do you mean by statement of changes by the following link
https://www.gov.uk/government/uploads/s ... ssible.pdf
Where on c at page 2 you are referring.
2. and by immigration rule before 06 april 2014 by
https://www.gov.uk/government/uploads/s ... chived.pdf
Am I correct in saying that my wife was granted FLR M visa under 284 of immigration rules in place before 06 April 2014 so should have been granted ILR under 287 and she clearly full fills the 2 years qualifying periods
3. Date of application, plz see 1.1
https://www.gov.uk/government/uploads/s ... -guide.pdf
Plz can you correct my understanding about A280 c on page 11 3.4
4. I could not find these lines in immigration rules before 06 april 2014
an applicant is eligible for ILR as 287(a)(i)(d) allows those under Part 8 of the rules to amalgamate the time as a PBS dep with that of a spouse/partner of a settled person to equate/exceed the required 2 year period for settlement
4. I have also sent an email to FamilyOpsPolicy@homeoffice.gsi.gov.uk still waiting for their response but in automated response I got this
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.
do you think attaching a copy of this automated response email will help, has it got any legal standing.
5. I have also find this from internet, can you please advise if this will help, has it got any legal standing
https://www.whatdotheyknow.com/request/ ... er_flr_m_2
Amber wrote:You need to add a paragraph stating that you applied for FLR(M) before 6 April 2014 thus as per Parliament's statement of changes should be considered under the rules in place at the time of application. Thus as a PBS dep before 9 July 2012 that was Part 8 of the immigration rules hence the grant of 2 years leave to remain. You are now eligible for ILR as 287(a)(i)(d) allows those under Part 8 of the rules to amalgamate the time as a PBS dep with that of a spouse/partner of a settled person to equate/exceed the required 2 year period for settlement. Moreover, if the caseworker if still unsure you would like your case examined by a senior caseworker.
Amber wrote:No, she applied for FLR(M) before April 2014 so it's immaterial what happened to you, it's her date of application which is important.
allwell46 wrote:Thank you amber
Amber wrote:No, she applied for FLR(M) before April 2014 so it's immaterial what happened to you, it's her date of application which is important.
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.
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)
GOd Helps wrote:check your email.