Flr(m) or Set(m) - please help very confusing

[Bobby123456]

Hi, thank you for prompt response, application was made on time I.e. before current PBS dependent visa expired, have received acknowledgement letter saying that we have received your flrm application and is under process, it also has ref number.

Do you mean to say conditions for PBS dependent will remain same until flrm has been decided, yes previous visa was PBS dependent, will this make difference?

Thanks

[Amber]

Hi, thank you for prompt response, application was made on time I.e. before current PBS dependent visa expired, have received acknowledgement letter saying that we have received your flrm application and is under process, it also has ref number.

Do you mean to say conditions for PBS dependent will remain same until flrm has been decided, yes previous visa was PBS dependent, will this make difference?

Thanks

Section 118 of the Nationality, Immigration and Asylum
Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".

To benefit, a person must have existing leave to enter or remain at the time when their valid application is made. Section 3C then prevents such an applicant becoming an overstayer during the period in which their application for a variation of leave remains undecided and, thereafter, while an appeal against any refusal could be brought or is pending. Its effect is to extend the leave and any conditions attached to it while the application is neither decided or withdrawn, while an in-country appeal could be brought, or, while an appeal is pending

Source:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[vinny]

Hi folks, my wife's and daughters (infant) application was sent back saying that we haven't paid correct fee, the query is we did pay correct fee on form I.e. £1011 and they say although you have submitted £578 you need to add further 433 per dependent, which we did in first place, as I have photocopy of the form, they also say on letter - please note that your dependent is each require to fill in the PBS (Dependents) - is this the reason they sent it back, but on flrm you include dependent under 18 anyway? Please advise what will be the next step, their current visa expired last month, will they be classed as overstayed? Please help

[vinny]

I believe that they have made a mistake. You are correct that dependants may be included in the FLR(M) application.

Did you inform them of your Long residence application?

[Bobby123456]

Hi folks, my wife's and daughters (infant) application was sent back saying that we haven't paid correct fee, the query is we did pay correct fee on form I.e. £1011 and they say although you have submitted £578 you need to add further 433 per dependent, which we did in first place, as I have photocopy of the form, they also say on letter - please note that your dependent is each require to fill in the PBS (Dependents) - is this the reason they sent it back, but on flrm you include dependent under 18 anyway? Please advise what will be the next step, their current visa expired last month, will they be classed as overstayed? Please help

[Bobby123456]

Hi yes I did inform them of my long residency application, I rightly included infant on flrm and submitted correct fee I.e. 1011, whatdo I do if they have made mistake?

[vinny]

Your wife and child made the FLR(M) application on the assumption that your Long Residence application will eventually succeed. It was the logical application to make as they should switch to FLR(M) after you are granted ILR.

Write to them. If refused, then file an in-time appeal.

[Bobby123456]

Hi Vinni, thanks for your help so far I will be reapplying now with covering letter that they have made mistake, will I still need to use FLR(M)? Thanks

[vinny]

Probably.

[Bobby123456]

Hi Vinny, we applied within a week after FLRm was sent back due to fees reason, however as explained earlier the current leave had expired in the mean time, will my spouse be considered as overstayer? it has been only 10 days since when application was sent back, also can she take up the new job when FLR(m) is under process so my ILR? Thanks

[vinny]

If the UKBA cannot prove that her initial in-time application was invalid, then, logically, it was valid and she is not an overstayer. However, it may be difficult to convince an employer.

[Bobby123456]

Hi My Wife's and daughters FLR(M) was rejected and refusal letter arrived today. The reason is that they mention " applicant was supposed to provide original English language test certificate in speaking and listening from english language test provider approved by the secretery of state", we mistaknely provided Life in UK Test Certificate, as we assumed that Life in UK Test was acceptable, in the mean time my (main applicant's indefinite leave to remain) was APPROVED and have received my Biometric letter etc.

They have provide two right to appeal forms for wife and daughter however it does clearly mentions that appeal is to be made if decision was incorrectely made or if there is somehing exceptional.

Please could experieced members advise as it is very awkward situation and don't know where to go from here, they have also retained original documents.

Please Please Help!!!!

[Amber]

Does your wife meet the English Language requirement as per here (click)?

[vinny]

If she does, then do appeal.

[geriatrix]

Vinny, will an appeal help if no documentary evidence to prove that the applicant met the English language requirement was submitted (initially or until the decision on the application was made)?

[Bobby123456]

Hi man thanks for prompt responses, She has not given any of the tests on below 'click link', however she did pass LIUK test for which we submitted original letter and they haven't accepted, she has done masters from India in English and not done any training or education in here, however we will give any of the below tests if necessary, please advise.

[geriatrix]

Under which category did you apply for settlement?
What was your immigration status before applying for settlement?
Since when has your wife been living in the UK as your dependant?

[Bobby123456]

Hi again many thanks, I have been granted ILR based on 10 year long residency (7 years student visa + 3 years Tier2 general), Partner has been dependent on me since December 2009 (5 months student dependant and 3 years tier 2 dependant) our daughter is 19 months old and we will be devasted if we have to go back, daughter has been dependant since May 2012, born in India, I take if we would have asked NARIC to verify her idian qualifications, they would have validated it as valid?

[vinny]

She may appeal with new evidence because her FLR(M)application wasn't a PBS application.

Appeal before the deadline.

In the meantime, check to see if her qualification does meet with the requirement.

As a precaution, take the required English Language test bofore the appeal hearing date.

If the appeal is unsuccessful, then reapply within 28 days.

[geriatrix]

Thanks, Vinny.


Bobby123456, check if the PBS calculator awards 10 points for your wife's qualification (masters degree from India) in the "English Language" section of the calculator. If it does, take a printout. This printout along with the degree certificate is all you need to prove that your wife meets the requirement.

If the calculator doesn't award 10 points, then she will need to pass one of the approved tests ... before the appeal hearing date. Make sure that she takes the test in good time so that you have the official test report before the appeal hearing date.

[Amber]

If your wife has a degree that was taught in English and is comparable to an English degree as per NARIC (click) then that should suffice providing the institution confirms in was taught in English and she has the original certificate.

[Bobby123456]

Hi Vinny, very useful response. On what basis do I make an appeal i.e. what reason will I need quoting on IAFT appeal form? also which english language test will she need to take? and what and where do I reapply in 28 days if appeal is unsucessful?

She works at university, will an letter from somebody like Head of Department help saying she is good at writing, speaking and listening English.

It frustrates as we are better at English than most native English collougues and do better jobs and still have to go through hassel of proving.

please advise

[geriatrix]

If the PBS calculator does award 10 points for the qualification, there is no need for a letter of comparability from NARIC.

Moreover, statement of Comparability does not confirm that the qualification meets the requirement (CEFR level) and nor can a letter from college confirm that the degree was taught at the required CEFR level. If depending on NARIC reports, order both the statement of comparability and English language assessment (or perhaps just the latter).

AIUI, if PBS calcualtor does not award 10 points for the qualification it is (highly) unlikely that NARIC's English language assessment will confirm the qualification as meeting the required CEFR standard (English language section of PBS calculator is based on NARIC's database).

[geriatrix]

She works at university, will an letter from somebody like Head of Department help saying she is good at writing, speaking and listening English.

No.

[Bobby123456]

All many thanks, its been very helpful, it appears that their is some light now at the end of tunnel after your responses.

Sushdmehta - I have used PBS calculator as if she will be taking new tier 2 job and calculator does give her 10 points for English based on her MSc degree from India, I can print this and attach to letter as suggested, will also attach her original degree certificate.

Secondly will also get her Degree verified by NARIC just as another supporting document.

Thirdly considering giving one of the required tests too, is this necessary or is not required, also which will be quickest and easier to appear for i.e. IELTS etc?

Also does all these points need to go on actual form or do they go seperate cover letter.

Thanks