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SSWSZ wrote:HI.i don't know where to put this information as it is related to 10 years long residence and their pbs dependent so I am pasting homeoffice reply here so it will be help ful for some one...
my mail to home office
Dear Home Office,
Could you please help and advice me,
my spouse (the Main applicant) got ILR on the basis of ten years long residency and I had a Tier 1 dependent (PSW) status up till end of FEB, 2014 .I got tier 1 migrant dependent visa(as written on approval letter) on 27 feb 2012.Now
My questions are,
1- Do I need to show (18,600) income threshold for FLR (M) visa as I came very first time as student dependent in UK in SEP 2006 and then convert to tier 1 dependent on 27 feb 2012 ?
2- After switching to FLR (M), can I apply for ILR immediately as I 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.
their reply
Thank you for your email, I apologise for the delay in responding.
1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).
2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:
http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.
4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).
I trust this clarifies the situation.
Kind Regards,
Karen.
Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office
this is the email id for home office
FamilyOpsPolicy@homeoffice.gsi.gov.uk
SSWSZ wrote:Senior members plz explain if this letter says that I have to apply for flr(m) or not .? Plz it's urgent
SSWSZ wrote:HI.i don't know where to put this information as it is related to 10 years long residence and their pbs dependent so I am pasting homeoffice reply here so it will be help ful for some one...
my mail to home office
Dear Home Office,
Could you please help and advice me,
my spouse (the Main applicant) got ILR on the basis of ten years long residency and I had a Tier 1 dependent (PSW) status up till end of FEB, 2014 .I got tier 1 migrant dependent visa(as written on approval letter) on 27 feb 2012.Now
My questions are,
1- Do I need to show (18,600) income threshold for FLR (M) visa as I came very first time as student dependent in UK in SEP 2006 and then convert to tier 1 dependent on 27 feb 2012 ?
2- After switching to FLR (M), can I apply for ILR immediately as I 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.
their reply
Thank you for your email, I apologise for the delay in responding.
1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).
2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:
http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.
4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).
I trust this clarifies the situation.
Kind Regards,
Karen.
Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office
this is the email id for home office
FamilyOpsPolicy@homeoffice.gsi.gov.uk
Balaya wrote:Hi is anyone know when HO gonna start September applicant I ve been waiting since 16 sep and gave my bio on the 8 th of october
Balaya wrote:Hi is anyone know when HO gonna start September applicant I ve been waiting since 16 sep and gave my bio on the 8 th of october
It looks like some days have been lost due to the holidays. Hence all decisions are being delayed until HO are able to catch up, if ever......lol.Balaya wrote:Hi is anyone know when HO gonna start September applicant I ve been waiting since 16 sep and gave my bio on the 8 th of october
Plz don't repost again. Wait for a bit as this seems a complicated case one of the mod will surely answer later.maylia88 wrote:Hi
Please give advices on my case if you can..
I entered the UK on the 24th June 2004. I have been on student visa until 2012. And since December 2012 I was on dependant visa till now.
Firstly I have 553 days out of country over the past 10 years, i could wait till 2015 to loose some of them.
However in 2012 I was on my tier 4 visa (i was doing my PhD). I suspended the course for 6 months in Feb 2012 (because I was really stressed and wanted a break). I didn't know that I had to try to leave the country as soon as possible (within 60 days) so I did not leave the UK until 4/7/2012. However my visa was not curtailed because I did nit withdraw the course yet. I officially withdrew the course in Oct 2012 when I was already in my country. Then I switched to dependant visa and came to the UK again till now.
My question is did I break the law because I stayed in the UK and did not leave within 60 days even I still got the tier 4 visa that time?
Many thanks.. i'm so nervous and dont want to loose a chance!
Anyone helps please? Many thanks..
Dear Riaz,fiazpk wrote:NEED ADVICE:
It is soon going to be 10 years since I have lived in the United Kingdom, and I wish to find out if I am eligible for Indefinite Leave to Remain,
All my visa extensions have been well in advance of their expiry except one,
where my first student visa expired on 13/07/2005 and I posted my student visa application two days later on 15/07/2005 as especial next day delivery and confirmation of receipt of my application was issued on 28/07/2005 and student visa was issued on 16/08/2005,
It seems there is 14 days gap including weekends between my visa expiry and receipt of visa application was issued at stated on home office letter head,
And application was post after 2 days after visa expired the reason for this was that my college released my documents late on 15/05/2005, dates also stated on my college documents,
In my 10 years stay in UK, I have only once been out of UK for one month exactly,
I would be very grateful, if you could access my situation and confirm if I am eligible for ILR application,
Regards,
Riaz
I think in order to apply for long term residency, it has to be continues 10 yrs with breaking any rules( i.e not leaving the country for more than what is required by UKBA). Its just an assumption not a legal reply.niazacca wrote:Dear experts
Quick question my sister already completed 10 years back in jan 2012 but she was out of country till dec 2013 almost two years, my question is can she apply for ilr based on long term residence (as she completed lawful 10 years residence in jan 2012) she is on spouse visa now.
Thank you so much for your help on this.
Thanks
Niaz