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Family Migration: New rules to be introduced from 09-Jul-12
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BobbyUKENG
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Joined: 01 Dec 2011
Posts: 78

PostPosted: Thu Jun 28, 2012 1:46 pm    Post subject: Re: Lawful long residence changes Reply with quote

sushdmehta wrote:
sameer2012 wrote:
According to new rules effecting from 09 July 2012 lawful residence also changes from 10 to 15 years.
According to the policy on page 5 paragraph 2/3.
Is it true.
No, the paragraphs you refer to relate to deportation.


Sushdmehta,

Many users are saying that ten years ILR is been changed to 14 years, Is it true?

Please confirm and can you please post the link so that I can update myself.
Thanks in advance
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sog2k7
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Joined: 06 Jul 2012
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PostPosted: Fri Jul 06, 2012 10:45 am    Post subject: Reply with quote

Sorry if my question has already been answered - I couldn't find this information anywhere.

Do the new rules (9/July/2012) affect spouses of EEA citizens who wish to apply for a Residence Card? For example, a south american wife of an Italian citizen who would like to apply for a Residence Card after 9/July/2012?


Last edited by sog2k7 on Fri Jul 06, 2012 12:56 pm; edited 1 time in total
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Casa
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PostPosted: Fri Jul 06, 2012 11:55 am    Post subject: Reply with quote

No
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sog2k7
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PostPosted: Fri Jul 06, 2012 12:57 pm    Post subject: Reply with quote

Casa, thank you.

Is there any official communication about this matter (EEA's and the new rules)? The documents that I read weren't very clear about it.
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arsenalsri
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Joined: 18 Nov 2007
Posts: 113
Location: Royal Leamington Spa, UK

PostPosted: Sat Jul 07, 2012 12:01 pm    Post subject: Reply with quote

I'm on Tier1 General and due for my ILR in June 2013. My current leave expires in Feb2013, so I will be going for an extension later this year. My question is as I'll be applying for an extension after July 9, will the new rule for dependent apply? I've been in the UK since Jun 2008 and my wife joined me in Nov 2008. As we will be applying for an extension after July 9 will she be eligible for ILR in June 13 along with me or will we have to wait till Nov 13.

Thanks for your help.
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arsenalsri
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Location: Royal Leamington Spa, UK

PostPosted: Sat Jul 07, 2012 12:20 pm    Post subject: Reply with quote

A quick search on the forum after my earlier post and I think I found the answer to my question. Paragraph 96 in this document I believe is relevant to me. I would be great full though if anybody can confirm that to me.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2012/hc194.pdf?view=Binary

Thanks
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vinny
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PostPosted: Tue Jul 10, 2012 6:03 am    Post subject: Reply with quote

The New Rules.
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sam2106
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PostPosted: Tue Jul 10, 2012 9:07 am    Post subject: Reply with quote

lol, a must read!

vinny wrote:
The New Rules.
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accablues
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Joined: 08 Apr 2010
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PostPosted: Thu Jul 12, 2012 10:42 am    Post subject: so what will to couples living outside uk!! Reply with quote

hi all, not sure where to get info from .. but what will happen to couples living outside uk??

does that mean the husband or the wife have to first move back to UK alone, start earning and only then apply for spouse visa ??

plz can somone shed some light on this

thanks
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pothuri.naveen
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PostPosted: Mon Jul 16, 2012 1:29 pm    Post subject: Reply with quote

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NPKILRApp
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PostPosted: Mon Jul 16, 2012 1:47 pm    Post subject: Reply with quote

wormintrude wrote:
Thanks. Taking a look at it now!


I'm in UK from last 5 years and palanning to apply for ILR in August for my self and my dependends.

My spouse came 6 months latet after I came. She stayed in UK for 4.5years . We got married 6 year beofre back in India.

Could you please guide me if I can apply ILR to both of us at time or do I have to wait to finish my wife - 5 stay in UK...?
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harv
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PostPosted: Mon Jul 16, 2012 2:08 pm    Post subject: Reply with quote

NPKILRApp wrote:
wormintrude wrote:
Thanks. Taking a look at it now!


I'm in UK from last 5 years and palanning to apply for ILR in August for my self and my dependends.

My spouse came 6 months latet after I came. She stayed in UK for 4.5years . We got married 6 year beofre back in India.

Could you please guide me if I can apply ILR to both of us at time or do I have to wait to finish my wife - 5 stay in UK...?


My understanding would be:

- You apply for your ILR and at the same time get an FLR for your wife
- Once your wife got an FLR you can apply for her ILR straight away subject to the English language criteria

Experienced forum members should be able to give you the 'correct' advice, as I am not the most experienced in this area.
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21/03/2012 - Documents ready for collection

22/03/2012 - Documents collected - VISA Granted!!!
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transpondia-2011
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PostPosted: Mon Jul 16, 2012 2:47 pm    Post subject: Reply with quote

[quote="harv"]
NPKILRApp wrote:
wormintrude wrote:
Thanks. Taking a look at it now!

- You apply for your ILR and at the same time get an FLR for your wife
- Once your wife got an FLR you can apply for her ILR straight away subject to the English language criteria


Question. On which basis would the wife qualify for ILR straight-away?
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harv
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PostPosted: Mon Jul 16, 2012 3:20 pm    Post subject: Reply with quote

transpondia-2011 wrote:
harv wrote:
NPKILRApp wrote:
wormintrude wrote:
Thanks. Taking a look at it now!

- You apply for your ILR and at the same time get an FLR for your wife
- Once your wife got an FLR you can apply for her ILR straight away subject to the English language criteria


Question. On which basis would the wife qualify for ILR straight-away?


Since the wife came on a dependent VISA in the UK and already lived over 2 years. Once given on FLR, she automatically meets the minimum 2 years criteria. If the two years criteria is not met she also meets the NEW 5 years criteria.
_________________
08/02/2012 - Application submitted to VFS New Delhi
13/02/2012 - Under process at BHC
21/03/2012 - Documents sent back to VFS
21/03/2012 - Documents ready for collection

22/03/2012 - Documents collected - VISA Granted!!!
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transpondia-2011
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PostPosted: Mon Jul 16, 2012 3:27 pm    Post subject: Reply with quote

harv wrote:
Since the wife came on a dependent VISA in the UK and already lived over 2 years. Once given on FLR, she automatically meets the minimum 2 years criteria. If the two years criteria is not met she also meets the NEW 5 years criteria.


Thanks, I understood the wife can settle under Paragraph 319E, but do not get why the spouse needs another FLR if they already have leave to remain as a PBS dependent?
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NPKILRApp
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PostPosted: Tue Jul 17, 2012 8:21 am    Post subject: Reply with quote

transpondia-2011 wrote:
harv wrote:
Since the wife came on a dependent VISA in the UK and already lived over 2 years. Once given on FLR, she automatically meets the minimum 2 years criteria. If the two years criteria is not met she also meets the NEW 5 years criteria.


Thanks, I understood the wife can settle under Paragraph 319E, but do not get why the spouse needs another FLR if they already have leave to remain as a PBS dependent?



Thank you very much for your support and comments, as per old rules My wife was entitled to apply ILR along with me.

New rules are not clear about minimum requirements to apply ILR for my wife.

She lives with me in UK from last 4.5 years and we got married 7 years ago.

My question is , does my wife required to live minimum 5 years in UK... to apply ILR ....?

Or 2 years stay enough to apply ILR.....?

Could you please add your comments for this...
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sam2106
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PostPosted: Tue Jul 17, 2012 9:51 am    Post subject: Reply with quote

If she is the married dependant or the unmarried dependant of someone on PBS, and has accumulated 2 years minimum on this visa, she can convert to FLR(M) and then straightaway after getting the 2 years FLR(M) apply for ILR...but the rules has just changed...i don't know if she will be classed under the old rule ( if there is some exemption for her in the new rule) or when applying for FLR(M) she will have to meet the new rule and will be given 2.5 years leave first instance followed by 2nd instance of 2.5 years leave. If this is the case, then i presume, she will have to be on the PBS dependant visa and spouse visa for a combination of 5 years duration before she can apply for ILR , e.g however number of years she has been your PBS dependant + whatever more years she will need on FLR(M) to make it a total of 5 years.

Has she been your PBS dependant throughout last 4.5 years she has been in the UK?

Sam


NPKILRApp wrote:
transpondia-2011 wrote:
harv wrote:
Since the wife came on a dependent VISA in the UK and already lived over 2 years. Once given on FLR, she automatically meets the minimum 2 years criteria. If the two years criteria is not met she also meets the NEW 5 years criteria.


Thanks, I understood the wife can settle under Paragraph 319E, but do not get why the spouse needs another FLR if they already have leave to remain as a PBS dependent?



Thank you very much for your support and comments, as per old rules My wife was entitled to apply ILR along with me.

New rules are not clear about minimum requirements to apply ILR for my wife.

She lives with me in UK from last 4.5 years and we got married 7 years ago.

My question is , does my wife required to live minimum 5 years in UK... to apply ILR ....?

Or 2 years stay enough to apply ILR.....?

Could you please add your comments for this...
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NPKILRApp
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Joined: 16 Jul 2012
Posts: 3

PostPosted: Tue Jul 17, 2012 11:28 am    Post subject: Reply with quote

sam2106 wrote:
If she is the married dependant or the unmarried dependant of someone on PBS, and has accumulated 2 years minimum on this visa, she can convert to FLR(M) and then straightaway after getting the 2 years FLR(M) apply for ILR...but the rules has just changed...i don't know if she will be classed under the old rule ( if there is some exemption for her in the new rule) or when applying for FLR(M) she will have to meet the new rule and will be given 2.5 years leave first instance followed by 2nd instance of 2.5 years leave. If this is the case, then i presume, she will have to be on the PBS dependant visa and spouse visa for a combination of 5 years duration before she can apply for ILR , e.g however number of years she has been your PBS dependant + whatever more years she will need on FLR(M) to make it a total of 5 years.

Has she been your PBS dependant throughout last 4.5 years she has been in the UK?

Sam


NPKILRApp wrote:
transpondia-2011 wrote:
harv wrote:
Since the wife came on a dependent VISA in the UK and already lived over 2 years. Once given on FLR, she automatically meets the minimum 2 years criteria. If the two years criteria is not met she also meets the NEW 5 years criteria.


Thanks, I understood the wife can settle under Paragraph 319E, but do not get why the spouse needs another FLR if they already have leave to remain as a PBS dependent?



Thank you very much for your support and comments, as per old rules My wife was entitled to apply ILR along with me.

New rules are not clear about minimum requirements to apply ILR for my wife.

She lives with me in UK from last 4.5 years and we got married 7 years ago.

My question is , does my wife required to live minimum 5 years in UK... to apply ILR ....?

Or 2 years stay enough to apply ILR.....?

Could you please add your comments for this...


Thanks Sam ...

Yes, She lives with me in UK for last 4.5 years on PBS dependent...
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harv
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Joined: 22 Dec 2010
Posts: 551
Location: London

PostPosted: Tue Jul 17, 2012 2:51 pm    Post subject: Reply with quote

sam2106 wrote:
If she is the married dependant or the unmarried dependant of someone on PBS, and has accumulated 2 years minimum on this visa, she can convert to FLR(M) and then straightaway after getting the 2 years FLR(M) apply for ILR...but the rules has just changed...i don't know if she will be classed under the old rule ( if there is some exemption for her in the new rule) or when applying for FLR(M) she will have to meet the new rule and will be given 2.5 years leave first instance followed by 2nd instance of 2.5 years leave. If this is the case, then i presume, she will have to be on the PBS dependant visa and spouse visa for a combination of 5 years duration before she can apply for ILR , e.g however number of years she has been your PBS dependant + whatever more years she will need on FLR(M) to make it a total of 5 years.

Has she been your PBS dependant throughout last 4.5 years she has been in the UK?

Sam



This is a kind of grey area due to the changes now. I remember reading that these changes will not effect existing VISA holders that come under this particular VISA scheme. However it seems like your wife may come under the 5 year scheme instead of the 2 years.

Looking at the detail posted I think 'NPKILRApp' is in a good situation. You can apply for her VISA once the full five years complete (just a matter of 6 months or so) to be on the safe side.
_________________
08/02/2012 - Application submitted to VFS New Delhi
13/02/2012 - Under process at BHC
21/03/2012 - Documents sent back to VFS
21/03/2012 - Documents ready for collection

22/03/2012 - Documents collected - VISA Granted!!!
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Sal5UK
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Joined: 01 Mar 2012
Posts: 69
Location: UK

PostPosted: Sun Jul 22, 2012 5:19 pm    Post subject: Reply with quote

Hi people,

Whats the amount of savings required in personal bank account to meet the new rules?

Thanks in advance..
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