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Mako
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Joined: 19 Oct 2011
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Location: UK
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 Posted: Fri Aug 17, 2012 12:51 pm Post subject: Dependant of ILR (long residence) applicant |
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I was granted ILR under the long residence route. Prior to this, I was on a Work Permit (not PBS) and my wife and child were my dependants on the WP.
Having read section 287(a)(i)(d) and 287(a)(i)(e) which make reference to partners of migrants who are now present and settled but have moved from Points Based Systems, there is no reference to Work Permits (pre-PBS).
Does anyone know if the same rules apply? Can anyone offer advice on my wife and child's route to ILR?
Thanks
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Lucapooka
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| Posted: Fri Aug 17, 2012 1:04 pm Post subject: |
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| Look at 196E and 198 |
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Mako
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Location: UK
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| Posted: Fri Aug 17, 2012 7:25 pm Post subject: |
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Thanks for the prompt response.
Is my interpretation correct that my spouse and child are able to apply for ilr immediately?
I got my ilr through 10 years long residence last October. Today my spouse attended Glasgow peo to apply for ilr under set (m). the io informed her that she should have applied for flr(m) within 28 days of my obtaining ilr. they did not process her application. this is the 1st time I heard about this.
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Greenie
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| Posted: Fri Aug 17, 2012 7:38 pm Post subject: |
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| She needs to apply for ilr on form set(o) not set(m) |
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Mako
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Location: UK
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| Posted: Sat Aug 18, 2012 12:23 am Post subject: |
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Let me add a bit more information pertaining to my case.
I came to the UK in 2001 under a 5 year study visa. My wife joined me in 2004 as a student dependent and my daughter was born (in the UK) in 2005.
In 2006, whilst the study visa was still valid, I successfully applied for Fresh Talent (Scotland PSW scheme) with my wife and daughter as dependents. This was valid until October 2008.
However, I successfully applied for an old-style Work Permit through my employer in January 2008. Again my wife and daughter were my dependents. The WP was valid until January 2013.
In October 2011 I was granted ILR under 10 year long residency. Of course I couldn't include my dependents on my application and I was under the impression that all was well since they still had leave to remain valid until January 2013.
This leads up to my wife's unsuccessful application for ILR at Glasgow PEO today. Is she eligible to apply for ILR? If yes, under which form? Is it SET (O)?
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Greenie
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| Posted: Sat Aug 18, 2012 4:18 am Post subject: |
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| Greenie wrote: | | She needs to apply for ilr on form set(o) not set(m) |
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Mako
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| Posted: Sat Aug 18, 2012 6:38 am Post subject: |
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| Greenie wrote: | | Greenie wrote: | | She needs to apply for ilr on form set(o) not set(m) |
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Im sorry Greenie I don't mean to be a pest, but I thought to apply on form set (o) she would have to be in the uk for 10 years which is not the case as she's been here for 8 yrs. Please clarify on what basis can she apply on set form(o). Im panicking as she has re-booked to go back on Monday again so we need strong evidence to back it up.
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Greenie
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| Posted: Sat Aug 18, 2012 7:47 am Post subject: |
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| Set(o) is the form to use when there is no specific form for your purpose. None of the other settlement forms appropriate -she can't use set(m) as she doesn't have limited leave as the spouse of a settled person-she has leave at the dependent of a work permit holder. If you look on the front of the form at the bottom it says 'other purposes/reasons not covered by other application forms' |
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Mako
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| Posted: Sat Aug 18, 2012 1:49 pm Post subject: |
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one last que, do you think my wife stands a chance @ all . she's all nervous now due to her experience in glasgow. She's worried they might insist she use the flr(m) form.
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Greenie
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| Posted: Sat Aug 18, 2012 1:53 pm Post subject: |
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| Mako wrote: | | one last que, do you think my wife stands a chance @ all . she's all nervous now due to her experience in glasgow. She's worried they might insist she use the flr(m) form. |
Set(o) is the correct form. They can't insist on her applying for further leave when she is eligible for settlement. If they refused to accept it ask to speak to a supervisor. If they still insist then apply by post. |
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Mako
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Posts: 27
Location: UK
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| Posted: Sat Aug 18, 2012 2:03 pm Post subject: |
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| Greenie wrote: | Just thought I would write a hopefully short post to answer the questions that many people have asked as to who the changes will apply to
Some key points about the changes.
1. The new rules will primarily only affect those who apply for leave as a spouse/CP/unmarried partner/fiance of a settled person or a PBS dependent AFTER 9th July 2012.
2. If you applied for and were granted either leave as the spouse/partner/fiance of a settled person/British citizen or as a PBS dependent before 9th July 2012, you will still be subject to the two year probationary requirement and not the new 5 year probationary requirement. When you apply for ILR the current rules in your category will apply for you. This is the case even if you have to make another application for 'leave to remain' before qualifying for ILR for example
- PBS dependent needs apply for further leave so that their spouse can complete his or her 5 years as a PBS migrant,
- a fiance has to apply for further leave as a spouse once the marriage has taken place,
- a spouse of a settled person does not pass the Life in the UK test so needs to apply for further limited leave before applying for ILR
In all of the above scenarios as long as the application which resulted in the original grant of leave as a spouse/partner was made before 9th July 2012, the 2 year probationary period, and (for partners of settled persons) the current accomodation and maintenance reqiurements, will continue to apply.
3. If you have made an application as a PBS dependent or spouse/partner etc of BC/settled person before 9th July 2012 and you are waiting for a decision your application will be considered under the current rules and if successful you will be granted leave under the current rules (pre 9th July 2012 rules). If your application is refused and you appeal, your appeal will be considered according to the current rules
4. If you made an application before 9th which has been refused and you appealed], your appeal will be considered according to the current rules
5. For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:
- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
- If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements.
6. All applicants, regardless of of when they applied for their leave, will be subject to the new English language/Life in UK test requirements if they apply for ILR after October 2013 (
7. The changes to the income thresholds (i.e. the minimum income of £18,600 for a couple) only apply to applications for ILR as the spouse of a a settled person. They do not apply for PBS dependents applying for ILR as PBS dependents.
8. Anyone who is applying for leave to remain/a visa in one of the relevent categories on or after 9th July will be subject to the new rules, and probationary periods. This includes if you have previously made an application before 9th July under the old rules, which was refused, and any appeal was also dismissed.
The changes to the rules are set out in detail in the statement of intent and the statement of changes
These documents are detailed but they do include summaries and it would be helpful if you could read them and have a look around the board first before posting a question about the changes. As you can understand we have all had as much notice as you of these changes and experience members/moderators are also trying to get to grips with the new rules. |
won't the new rules affect her application .? thanks a lot for your help
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Greenie
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| Posted: Sat Aug 18, 2012 2:07 pm Post subject: |
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Mako
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Joined: 19 Oct 2011
Posts: 27
Location: UK
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| Posted: Mon Aug 20, 2012 12:44 pm Post subject: |
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My wife attended Solihull PEO this morning to attempt to apply for ilr on set (o). She was armed with paragraph 196D. No good news I'm afraid. The cw said this paragraph refers to work permit holders who applied for ilr at the end of their 5 years not work permit holders who got ilr through long residence. She tried to argue that the immigration rules did not make this distinction but her argument fell on deaf ears.
Any advice on how to proceed?
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hemalay
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Joined: 10 Feb 2012
Posts: 56
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| Posted: Wed Aug 22, 2012 1:24 pm Post subject: |
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I am exactly in similar situation.
I need to apply for my wife (Old style work permit dependent) settlement. this all is so confusing.
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Mako
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Location: UK
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| Posted: Wed Aug 22, 2012 5:02 pm Post subject: |
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Have you spoken to any lawyers or approached the ukba to apply for your wife at all? The ukba have withdrawn the feature on their website for the public to ask questions on immigration rules so I'm lost.
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Mako
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| Posted: Mon Oct 29, 2012 10:52 am Post subject: |
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*bump*
Any new thoughts, advice or help on this?
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vinny
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| Posted: Mon Oct 29, 2012 11:12 am Post subject: |
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Apply by post, shortly before leave expires. Appeal if refused.
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Mako
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Posts: 27
Location: UK
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| Posted: Mon Oct 29, 2012 12:13 pm Post subject: |
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Thank you Vinny.
So there doesn't appear to be a direct route to my wife gaining settlement except via appeal...such a shame really.
I wonder if the UKBA will treat the SET (O) application as valid or invalid. If they treat it as invalid, i.e. with no right to appeal, that will really throw a spanner in the works, won't it? That will leave my wife as an "overstayer" with no right of appeal. 
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sushdmehta
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| Posted: Mon Oct 29, 2012 1:57 pm Post subject: |
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| Mako wrote: | My situation is slightly different...
I came to UK in 2001 on a student visa, extended in 2005 and switched to Fresh Talent: Working in Scotland in 2006. I then switched to (old style) Work Permit in 2008, and in 2011 I successfully applied for settlement under 10 year long residence.
My wife came to the UK (under a spousal dependent visa) in 2004 and she has been included in every application/extension I made since her arrival, apart from my SET(O) under long residence which doesn't permit dependents. Her dependent visa issued under my work permit is due to expire January 2013.
What route of application should my wife take? Is it:
a) SET (O) - settlement as spouse of former WP holder who has now received permanent residency
b) FLR (M) - extension of visa as spouse of someone with permanent residency, with eligibility for settlement after 2 years
c) FLR (M)- extension of visa as spouse of someone with permanent residency, with immediate eligibility for settlement since she has been my spouse for 8 years (as defined by immigration law)
Thanks for your help. I've been wandering aimlessly for the past 2 months finding no clear route of application for my wife. I hope someone can shed some light. |
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sushdmehta
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| Posted: Mon Oct 29, 2012 3:50 pm Post subject: |
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Follow Greenie's and Vinny's suggestions posted in this topic.
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