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The best thing if you can send the test certificate together. But if you cannot you can write in the covering letter that you will send the Certificate soon and take the exam shortly after sending the application they have to consider it if it reaches there before taking the decision.pat208 wrote:Hello everyone..I have been reading this forum for a while and let me tell u that u all r doing wonderful work helping eachother. I am going to apply for my ilr under 10 year next week. I am currently on tier 1 G visa with my wife and my son as tier 1 G dependants. My wife has lived with me in the uk for 3 years and 6 months. Due to a medical condition she spent last whole year, out of that 3 years and 6 months,in my home country and recently came back to uk. I have finished my 10 years back in september but due to some circumstances couldnot make an ilr application earlier. I need some assistance with regards to my wife's FLR m as her visa runs out with mine very soon too. I understand that she falls under old rules as her last leave was granted before 9th july 2012.
1) Is it possible to make her flr m application first and then send the english test certificate later?
2) Our uk born son (1 year 5 months old) was issued with a Tier 1 G dependant visa, can my wife include him on her flr m application? I understand that we can register him as british citizen after i get my ilr but can we still include him in my wife's flr m application?
3) On flr m form i didnot quite understand section 12C, do we need to provide those 6 different cohabitation documents?
4) I have enough money in my bank account kept for over a year to demonstrate that i can support my wife and son but my wife's bank account doesnot have much balance. Do we need to send my wife's bank statements with her flr m as well or is it enough if we just send my bank statements?
5) We live in a shared house where we rent one room and share toilet,living room and kit chen. Do i need to include details of everyone else living in the house as asked in question 7.12 on flr m form.
Your help will be highly appreciated. Thank you all.
You are so lucky that you got flrm approaved . I wish I were also in same situation but still waiting for wife's one.nats wrote:Sheffield PEO Experience today not as good as i thought of. On 1st window I asked for Set(m). Lady said I think you can apply on Set(O) but I will confirm from supervisor. And she came with not much good news, she said I have to apply for FLR(M) as Set(m) is for those whose partner was on PBS of settlement route not on 10 year long residence based ILR like tier 4 PBS as in my case.
And then he told in next appointment i can apply for SET(M) as they dont take 2 applications in single appointment. and she was not convinced any way. Then my FLR(M) case was decided and approval letter was handed over by case worker. I asked him if I can apply for Set(M) now. He said not in this appointment. I asked was it possible if I could directly apply Set(M). He said YES. I said but the lady on 1st window told that I cant. He asked who was she let me find out. He came in and came back and said whatever that lady said it was true. U can apply Set(M) in next appointment or by post. And on my query he replied if u want to consider ur existing 2 year stay for qualification period you should apply b4 6th April and should explain in cover letter that u r qualifying for 2 year as of now. Now I will post my Set(M) tomorrow.
Damanishallo or anyone, I want to ask for any reference on UKBA website for this 2 year qualification period could be combination of PBS and FLR(M) so that I can refer it in my cover letter?
2- Will they consider my postal date (5th April) or their receiving date (6th April) to decide wether I am under rules b4 6th April or not? If anyone can reply urgently as I need to post it tomorrow morning. thanks.
Please refer to the below FOI in particular the words in bold should help in your casenats wrote:Damanishallo or anyone, I want to ask for any reference on UKBA website for this 2 year qualification period could be combination of PBS and FLR(M) so that I can refer it in my cover letter?
UKBA FOI wrote:After completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, the partner is eligible to apply for indefinite leave to remain under paragraph 287 of the Immigration rules. The leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(d) of the Rules. This is what was being referred to in the response you included in your message.
hi Damanisshallo i was wondering how ukba can consider a set m application under new rules from 6 april where the applicant got flrm approaval under current rules. In para 287 where they mention ' got an extension under para 281 to 284 ' does that not mean person got the extenstion under the old rules ?so the relevant ilr rules also should be the old 287. Whats your thought about this?thanksDamanisshallo wrote:Please refer to the below FOI in particular the words in bold should help in your casenats wrote:Damanishallo or anyone, I want to ask for any reference on UKBA website for this 2 year qualification period could be combination of PBS and FLR(M) so that I can refer it in my cover letter?UKBA FOI wrote:After completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, the partner is eligible to apply for indefinite leave to remain under paragraph 287 of the Immigration rules. The leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(d) of the Rules. This is what was being referred to in the response you included in your message.
Damanisshallo wrote: Please refer to the below FOI in particular the words in bold should help in your caseUKBA FOI wrote:After completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, the partner is eligible to apply for indefinite leave to remain under paragraph 287 of the Immigration rules. The leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(d) of the Rules. This is what was being referred to in the response you included in your message.
I remember you asking me a similar question back in January. Follow here. However, I think it's risky to go through 10 yr route as he is neither covered by Section 3C nor 3D for the gap built. I'd think the earliest he can go for ILR is in May 2018 which is through 6 yrs DL Route. I am sorry if this is not the kind of response you were looking forward for. But, AFAIK this is what I think.shahab99 wrote:Hi Damanisshallo
My friend came to the UK in 2002 and was on Student visa till 2009. His student visa was refused in December 2009 which was appealed in the upper tribunal and the appeal was allowed but then appealed by the home office against in the upper-upper tribunal and the original decision was taken back. It took until August 2010. Then a judicial review was submitted in June 2011 that wasn't allowed. He applied on the SET O form in December 2011 and got discretionary visa until 2015 in May 2012. His ten years since he came to the UK completed in October 2012. Does he qualify under the 10 years long residence? If he does qualify, what documents should he submit and will the gap from August 2010 till June 2012 affect him?
looking forward to your detailed reply
Many Thanks
Since, you've decided to post, Make sure you provide enough paper work to justify your covering letter. If I were you, I'd have enclosed the complete FOI pages along with the covering letter. Not that they'd have not known these rules but I just feel the UKBA staff are way too over-rated for their jobs. (I personally think for sure atleast UKBA needs the "brightest and the best" to work for them)nats wrote:Thanks Damanisshallo, I will write same in cover letter and will bold the aggregate.. wordI hope they will consider
Damanisshallo wrote:Since, you've decided to post, Make sure you provide enough paper work to justify your covering letter. If I were you, I'd have enclosed the complete FOI pages along with the covering letter. Not that they'd have not known these rules but I just feel the UKBA staff are way too over-rated for their jobs. (I personally think for sure atleast UKBA needs the "brightest and the best" to work for them)nats wrote:Thanks Damanisshallo, I will write same in cover letter and will bold the aggregate.. wordI hope they will consider
Finally, why don't you check if there are any PEO Appointments available for tomorrow (Technically today) and get it done n dusted then n there? Some times they release these appointments at mid night.
I presume this is a real worry for PSW & Student dependants. As of now these are the only migrants who are not on a route to settlement otherwise they should be fine.stoorrey wrote:Do you think the 2 years amalgamation rules under para 287 will no more apply after 6 April for the Tier 1 General dependants of 10 years Long?
Statement of change @ Page 12 wrote:To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.
nats wrote:Should I print complete FOI as it is?
I'd have done so.
Won't they say this information was on 23 May 2012 for Angela Oto?
Doesn't matter whom it is addressed to, its a FOI Act request and open to all. It is on WDTK.com site and available to anyone (Open to All). Regarding the date, nothing has changed since then until 6th of April so, you should be fine.
I have written this cover letter.. please let me know if ok and serves the purpose or should i include/exclude/change anything?
Date: 04/04/2013
To,
UK Border Agency
Leave to Remain - SET(M)
Dear Sir/Madam,
I xxxx writing this regarding my application for Settlement- SET (M).
I've been recently granted Further Leave to Remain FLR(M) on 04-04-2013 in Sheffield PEO. My BRP has not arrived yet. Enclosed is the Approval Letter of FLR(M). As I am in UK since June 2010 and I have already spent more than 2 years as a married partner of Mr xxxxx who is now settled in UK.
Under paragraph 287 of the Immigration rules the partner is eligible to apply for indefinite leave to remain after completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person. So I am applying for SET(M) because the leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(i)(d) of the Rules.
Also according to 319AA, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.
(You can add this, only to ensure that the case worker doesn't mess up with the dates) I'd also like to inform that I am aware of the rule changes on the 6th April 2013 where the above mentioned rule would not be considered after 6th April 2013. Hence I am applying/posting my application on 5th April 2013 using a Special Delivery as advised by the Case Worker on 04/April/2013 at Sheffield PEO. I'd be grateful if you can consider my application under the above mentioned rule.
Yours truly,
xxxx
thanks DamanisshalloDamanisshallo wrote:I presume this is a real worry for PSW & Student dependants. As of now these are the only migrants who are not on a route to settlement otherwise they should be fine.stoorrey wrote:Do you think the 2 years amalgamation rules under para 287 will no more apply after 6 April for the Tier 1 General dependants of 10 years Long?Statement of change @ Page 12 wrote:To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.
Damanisshallo wrote:nats wrote:Should I print complete FOI as it is?
I'd have done so.
Won't they say this information was on 23 May 2012 for Angela Oto?
Doesn't matter whom it is addressed to, its a FOI Act request and open to all. It is on WDTK.com site and available to anyone (Open to All). Regarding the date, nothing has changed since then until 6th of April so, you should be fine.
I have written this cover letter.. please let me know if ok and serves the purpose or should i include/exclude/change anything?
Date: 04/04/2013
To,
UK Border Agency
Leave to Remain - SET(M)
Dear Sir/Madam,
I xxxx writing this regarding my application for Settlement- SET (M).
I've been recently granted Further Leave to Remain FLR(M) on 04-04-2013 in Sheffield PEO. My BRP has not arrived yet. Enclosed is the Approval Letter of FLR(M). As I am in UK since June 2010 and I have already spent more than 2 years as a married partner of Mr xxxxx who is now settled in UK.
Under paragraph 287 of the Immigration rules the partner is eligible to apply for indefinite leave to remain after completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person. So I am applying for SET(M) because the leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(i)(d) of the Rules. Enclosed is relevant FOI Act request.
Also according to 319AA, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.
(You can add this, only to ensure that the case worker doesn't mess up with the dates) I'd also like to inform that I am aware of the rule changes on the 6th April 2013 where the above mentioned rule would not be considered after 6th April 2013. Hence I am applying/posting my application on 5th April 2013 using a Special Delivery as advised by the Case Worker on 04/April/2013 at Sheffield PEO. I'd be grateful if you can consider my application under the above mentioned rule.
Yours truly,
xxxx
Anybody knows what kind of checks they making , would they check credit history? And How long does it take to do these checks? thanksalisha123 wrote:My MP contacted UKBA again for the 3rd time and this is the response I got.....
I have contacted the UKBA and was told that they are currently awaiting checks to be completed. Once received this case will then be allocated to a case worker for a decision. They were unable to provide a definite timescale for conclusion at this time.
As you have submitted an application for indefinite leave to remain on 11th July 2012, before the expiry of your current leave, your existing terms remain until a decision is made.
Employers can use the employers checking service to confirm immigration status and your right to work.
immigration rules under 3c of the 1971 Immigration Act Section 3C
Section 3C(2) of the Immigration Act 1971 (as amended) automatically extends a person’s leave if either:
· an applicant applies for further leave before their current leave expires while their application is still outstanding and they do not withdraw the application before a decision is made, or
· an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 for an in-time application for the variation of leave could be brought or is pending.
Employers checking service
Hope this helps any June/ July applicants still waiting that maybe we will get our approvals in this month
pat208 wrote: 1) Is it possible to make her flr m application first and then send the english test certificate later?
I think you can make an FLR(O) Application and explain the situation. Once your Missus gets the English Certificate you can vary her application @Page 33 with FLR(M) by paying the difference amount (If any Applicable).
2)Our uk born son (1 year 5 months old) was issued with a Tier 1 G dependant visa, can my wife include him on her flr m application? I understand that we can register him as british citizen after i get my ilr but can we still include him in my wife's flr m application?
If you wish to do so, Yes.
3) On flr m form i didnot quite understand section 12C, do we need to provide those 6 different cohabitation documents?
Only if the below circumstances applies to your missus
4) I have enough money in my bank account kept for over a year to demonstrate that i can support my wife and son but my wife's bank account doesnot have much balance. Do we need to send my wife's bank statements with her flr m as well or is it enough if we just send my bank statements?FLR(M) @ Page 41 wrote:If you are applying as an unmarried or same-sex partner, or if you answered no to question 5.1 and are applying for an extension of stay although you have completed or nearly completed 2 years’ leave to enter or remain in the UK as a partner, in addition to the relevant documents in sub-section 12A, you must provide the following documents:
Its advisable to send. Regarding her account balance, it shouldn't make any difference since you've got enough.
5) We live in a shared house where we rent one room and share toilet,living room and kit chen. Do i need to include details of everyone else living in the house as asked in question 7.12 on flr m form.
You may need to read this to see what are the chances. It has a table where it specifies how many rooms can have how many people.
lambu1 wrote:Now this post is about one important thing - it is mainly about applying for UK Nationality which is usually a year after getting ILR (or 15 months from the date of application - covered here in the past) which means that on the 18th of Nov this year I can technically apply for nationality.
Now my question is HOW ? - Are the settlement checking services (Reading in my case) aware of this ? How would they know that it took longer than the 3 months stipulated?Are council caseworkers aware of this caveat? or Do I need to send stuff by post again ( not desirable)?
1.From your acknowledgement letter they can figure out what date you've applied.
2. From your approval letter they can see how long it took the UKBA to make a decision.
3. If you happen to see some one in the council. Take this Para 7.5g @ Page 16 along with you to educate them (which I bet they need to be)
4. See if they can give you in written if they are reluctant to agree with your findings.
5. If they still are adamant then, unfortunately you have no choice but to post.
any thought above this? Is this not covered by transitional arrangement?dipmm2000d wrote:hi Damanisshallo i was wondering how ukba can consider a set m application under new rules from 6 april where the applicant got flrm approaval under current rules. In para 287 where they mention ' got an extension under para 281 to 284 ' does that not mean person got the extenstion under the old rules ?so the relevant ilr rules also should be the old 287. Whats your thought about this?thanksDamanisshallo wrote:Please refer to the below FOI in particular the words in bold should help in your casenats wrote:Damanishallo or anyone, I want to ask for any reference on UKBA website for this 2 year qualification period could be combination of PBS and FLR(M) so that I can refer it in my cover letter?UKBA FOI wrote:After completing 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, the partner is eligible to apply for indefinite leave to remain under paragraph 287 of the Immigration rules. The leave as the partner of a "relevant points based system migrant" can be aggregated with the leave as the partner of a settled person in accordance with paragraph 287(a)(d) of the Rules. This is what was being referred to in the response you included in your message.
Not that I know off.....May be at a later stage... fingers crossed...dipmm2000d wrote:Is this not covered by transitional arrangement?