ILR - PBS Dep - FLR(M) Route Update

nazeeer123 · Post by **nazeeer123** » Thu Jun 27, 2013 1:32 pm

D4109125 wrote:
nazeeer123 wrote:hi guru can you please advice me. my wife gona apply flrm next mont, she came to uk as psw dependent on june 2012. does she need to show 18600 fund . thanx
No, adequate maintenance and accommodation, old rules. Based on June 2012 she should (subject to rule changes) be eligible for settlement in June 2014.

thanx a lot amber, how much maintenance funds for wife and 4 kids and how long it shod be in account.

waitingformonths · Post by **waitingformonths** » Wed Jul 03, 2013 1:12 pm

D4109125 wrote:
nazeeer123 wrote:hi guru can you please advice me. my wife gona apply flrm next mont, she came to uk as psw dependent on june 2012. does she need to show 18600 fund . thanx
No, adequate maintenance and accommodation, old rules. Based on June 2012 she should (subject to rule changes) be eligible for settlement in June 2014.

Dear Amber

Can you please shed some light on what you meant by "subject to rule changes".

Thanks

Post by **Amber** » Wed Jul 03, 2013 2:15 pm

nazeeer123 wrote:
D4109125 wrote:
nazeeer123 wrote:hi guru can you please advice me. my wife gona apply flrm next mont, she came to uk as psw dependent on june 2012. does she need to show 18600 fund . thanx
No, adequate maintenance and accommodation, old rules. Based on June 2012 she should (subject to rule changes) be eligible for settlement in June 2014.
thanx a lot amber, how much maintenance funds for wife and 4 kids and how long it shod be in account.

There is no sum per se however, for a couple with 4 children I would expect £373.03 Net per week after deducting rent/mortgage to be acceptable. You can take into account the Child Benefit and tax Credits.

Post by **Amber** » Wed Jul 03, 2013 2:17 pm

waitingformonths wrote:
D4109125 wrote:
nazeeer123 wrote:hi guru can you please advice me. my wife gona apply flrm next mont, she came to uk as psw dependent on june 2012. does she need to show 18600 fund . thanx
No, adequate maintenance and accommodation, old rules. Based on June 2012 she should (subject to rule changes) be eligible for settlement in June 2014.
Dear Amber

Can you please shed some light on what you meant by "subject to rule changes".

Thanks

There is intention to prevent, those who are a pbs dep where the pbs applicant was not on a route to settlement, from using Part 8 and the amalgamation.

members · Post by **members** » Tue Jul 23, 2013 7:08 pm

D4109125 wrote:I have just had confirmation that as the rules stand at the moment:

284 (b) the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-gender partner of a Relevant Points Based System Migrant (excluding a Tier 5 (Temporary Worker) other than a private servant in a diplomatic household who applied to enter the UK before 6 April 2012 or a Tier 4 (General) Student) and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and

Although Tier 1 (PSW) is not a route to settlement, the rules do not distinguish between any of the Tier 1 sub categories in considering FLR as the spouse of a relevant PBS migrant.

Partners of relevant points-based system migrants

319AA. In paragraphs 319A to 319K and Appendix E, '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.

Therefore, at the moment Part 8 and the amalgamation (flr(m) to set(m)) is available to those PBS dep where the PBS was not on a route to settlement. However, the change is intended to stop this but as of yet is not in place according to the settlement policy team.

If you require further assistance I suggest you seek legal advice.

Dear Amber,

Although it is always subject to UKBA changing its rules, you are a real life saver as you took the initiative to clarify the rules.

It perfectly makes sense what you says about the PSW route under Tier 1.

In any event, would you be kind enough to publish the actual reply that you received from the settlement policy team?

I am overwhelmed to know that UKBA is not yet pressing the rules; not even after the 6th of April 2013!

Many thanks and God bless you!

ckba · Post by **ckba** » Wed Jul 24, 2013 10:26 am

Hi,
I hope this forum is still active, i need clarification on Tier 1 PBS depedant, FLR M amalgamation to apply for set(m). My wife originally came to uk as work permit depedant in feb 2010 and changed her visa to Tier 1 depedent in april 2011. I got my ILR on tier 1 basis in Feb 2012 and later apply for her FLR(m)which was granted on march 2013. Now we are planning to apply for settlement set(M). I believe that time she has spend as Tier 1 depedant from april 2011 to march 2013 and then time she has spend on FLR(m) which is april 2013 to date, should be enough to qualify for ILR?
Many THanks

Post by **Amber** » Wed Jul 24, 2013 11:20 am

What I wrote was basically the response. As far as I am aware the information is still accurate and they are still allowing what was stated.

members · Post by **members** » Wed Jul 24, 2013 1:15 pm

Dear D4109125,

Thanks for your reply. Does it mean that my wife, who is currently a PSW dependant, will be able to apply for ILR as soon as her FLR(M) would be granted, and she will not need spend two years under FLR(M)?

Post by **vinny** » Sat Aug 10, 2013 12:10 pm

members wrote:Hello everyone,

Could someone, specially the senior and/or experienced members of the forum, please help me regarding the following:

Immigration Rules:

Long residency applicants cannot include dependants with their application. Therefore, the dependant will have to apply using FLR(M). The requirement for such application is set out in Paragraph 284(i)(b), which does not mention anything about Tier 1 (PSW) dependants. Regrading settlement of such dependants, Paragraph 287(a)(i)(d) says: if the dependant obtained extension using FLR (M) and complete two years as spouse of settled partner, s/he can apply for settlement. Note that the two years can be a combination of leave as a PBS Dependant and FLR(M) leave.

But, from 6 April 2013, the partner of a points based system migrant not on a route to settlement cannot switch into the partner route under paragraph 284 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement. Again, this only applies to Tier 4 and Tier 5 Dependants as these categories are prohibited under Paragraph 284, and Paragraph 284 does not say anything about Tier 1 (PSW) Dependants.

The Big Questions:

1. Is it because the PSW category does not exist anymore and UKBA did not feel the need to include this category even though it has not been a route to settlement?

2. Cannot Tier(4) and Tier(5) Dependants even extend their stay using FLR(M)? What will happen to them when their spouses become settled?

Your valuable thoughts are highly appreciated.

members · Post by **members** » Sat Aug 10, 2013 12:21 pm

Dear Vinny,

Thanks for reallocating my post to where you, as a moderator, think fits best. I am sorry if I have, without knowing, started another thread about the same topic. In any event, I would be grateful if someone answer my questions.

Yours sincerely,
Members

Post by **Amber** » Sat Aug 10, 2013 12:25 pm

What I have already stated still stands, the rules will change but no one knows exactly when. Someone was successful last week (Tier 4 dep), as soon as someone says they were declined or the rules are expressly changed I shall endeavor to put it on here. The April 2013 changes have not yet to be implemented however, a review is now underway which is likely to change it.

UKBA wrote:319AA. In paragraphs 319A to 319K and Appendix E, '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.

members · Post by **members** » Sat Aug 10, 2013 12:42 pm

Dear D4109125,

Many thanks for your concerned and prompt reply. I'll keep an eye for any updates coming from you. Could you please tell where did you find such information about a review being underway.

Post by **Amber** » Sat Aug 10, 2013 1:09 pm

members wrote:Dear D4109125,

Many thanks for your concerned and prompt reply. I'll keep an eye for any updates coming from you. Could you please tell where did you find such information about a review being underway.

From a senior settlement caseworker.

Post by **vinny** » Sat Aug 10, 2013 1:11 pm

There may be complications in the future. I believe that Partners, who are not subject to the transitional provisions, are subject to E-ILRP.1.3. They may not be able to rely on 287. Their qualifying period for ILR may be reset.

ak_akhan · Post by **ak_akhan** » Wed Aug 14, 2013 11:56 am

Dear All,
Please clarify my confusion.

My wife came with me as Student dependent in Jan 2006.

Then we got PSW visa in Oct 2008 for 2 Years.

In Nov 2010 we got Discretionary leave to remain for 3 Years.

I got my ILR on the basis of 10 years long residency, and my 3 childrens got their british passports already.

Problem is my wife's spouse visa as I cannot fulfill the new financial requirments, but according to some of the posts it seems I come under old rules as my spouse has already spent 2 years on PSW.

Could you please confirm if this is right (I come under old rules)?

If yes what are the documents required.

Thanks

Post by **Amber** » Wed Aug 14, 2013 12:01 pm

Based on what you've wrote, your spouse will have to have DLR for 6 years or have 10 years long legal residence in order to qualify for settlement. It would appear a DLR extension would be required before the current leave expires.

ak_akhan · Post by **ak_akhan** » Wed Aug 14, 2013 12:14 pm

Hi D4109125,

Thanks for the prompt reply.

I am thinking to apply her spouse visa via premium service.

Can we not apply FLR M on old rules as she has already spent 2 years on PSW (Points based system), and in this way we can apply for her ILR straightaway on the basis of paragraph 284 b.

I am aware of the DLR procedure, want to avoid that.

The reason I am saying all this is because someone shared this very useful information in one of the post below.

Dear Home Office,

Could you please help and advice me,

I (the Main applicant) have been granted ILR on the basis of ten years long residency and my dependent had a Tier 1 (PSW) status up till 31st July, 2014
My questions are,

1- Do I need to show (18,600) income threshold for her FLR (M) visa as she came very first time on student dependent in UK in March 2006?

2- After switching to FLR (M), can she apply for ILR immediately as she 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.
(Home office replied)
Dear Mr ---------

Thank you for your email dated 24 June 2013. Your enquiry has been forwarded to Home Office Public Enquiries because it is not a policy enquiry.

Please be advised that if your dependant was granted a Tier 1 (PSW) dependant visa prior to the 9th July 2012, she may apply for a spouse Leave to Remain under the rules in place for Partners who applied on or before 8 July 2012 and would not need to show the £18,600 financial requirement.
If your dependant has also completed two years in the Uk as a Tier 1(PSW) dependant, she can also apply for settlement after she gets her spouse under paragraph 284 (b) of the rules. Please be advised that time spent as student dependant is excluded.

For further information please visit the Home office website at: http://www.ukba.homeoffice.gov.uk/visas ... spouse-cp/

Yours sincerely,
Edward Henry

Post by **Amber** » Wed Aug 14, 2013 1:29 pm

Your spouse is not a PBS dependent she is on DLR.

See the transitional guidance (click)

ak_akhan · Post by **ak_akhan** » Thu Aug 15, 2013 10:37 am

Thanks for your help, it's clear now.

Kallmay · Post by **Kallmay** » Sat Aug 17, 2013 10:10 pm

Dear Amber can my husband apply for SET M? I got my 10 yr ILR on May 2013 and my husband has been Tier 4 dependent since 2008 and got his FLR (M)on July 2013. He was given 2 years and his approval letter says that he can apply ILR after 2 years. We don't know what to do? Can he now apply for SET M? You mentioned in this forum that a Tier 4 dependant applied last week. What was the result? Please help! Thank you.

Post by **Amber** » Sat Aug 17, 2013 10:23 pm

Email SettlementOpsPolicy@homeoffice.gsi.gov.uk ask

"If the spouse of a tier 4 PBS dependant has subsequently gained ILR as a 10 year long resident, and the dependant has subsequently been granted flr(m), can that dependant apply for set(m) now? Using immigration rule 287(a)(I)(d) under Part 8, combining the time as a PBS dep with fr(m) to equal the 2 year qualifying period?"

As far as I am aware, the response should still be yes, however, do let us know of the reply.

Include the email response with your application for support.

Post by **geriatrix** » Sun Aug 18, 2013 1:14 am

Kallmay wrote:Dear Amber can my husband apply for SET M? I got my 10 yr ILR on May 2013 and my husband has been Tier 4 dependent since 2008 and got his FLR (M)on July 2013. He was given 2 years and his approval letter says that he can apply ILR after 2 years. We don't know what to do? Can he now apply for SET M? You mentioned in this forum that a Tier 4 dependant applied last week. What was the result? Please help! Thank you.

Read Dependant of ILR (long residence) applicant on PBS leave

Post by **Amber** » Sun Aug 18, 2013 7:03 am

sushdmehta wrote:
Kallmay wrote:Dear Amber can my husband apply for SET M? I got my 10 yr ILR on May 2013 and my husband has been Tier 4 dependent since 2008 and got his FLR (M)on July 2013. He was given 2 years and his approval letter says that he can apply ILR after 2 years. We don't know what to do? Can he now apply for SET M? You mentioned in this forum that a Tier 4 dependant applied last week. What was the result? Please help! Thank you.
Read Dependant of ILR (long residence) applicant on PBS leave

See Page 188, 7.31, 3rd paragraph down of the March 2013 changes (click)

Kallmay · Post by **Kallmay** » Sun Aug 18, 2013 8:43 am

Thank you so much Amber. I will update you about the response.

Post by **geriatrix** » Mon Aug 19, 2013 1:05 pm

D4109125 wrote:See Page 188, 7.31, 3rd paragraph down of the March 2013 changes (click)

What is mentioned in the said paragraph can only come into effect if both 287(a)(i)(d) and 287(a)(i)(e), and / or 319AA is changed to reflect the intention. Until then, "relevant point-based migrant" includes both Tier 1 (PSW) and Tier 4 (General).

See para 98 and 99 of the same document. Now, compare these two changes with 287(a)(i)(d) and 287(a)(i)(e), as they stood, before 06-Apr-13 (can be found in national archives's HO webpages) and you will observe (to your surprise) that the paragraphs are identical.

My take - someone goofed up when drafting the change(s) to be included in HC1039 under these paragraphs!!

Hence, for now nothing has changed from what is written in the FAQs. It may, in the next statement of changes, provided the settlement operations policy team has realised that they have made a mistake.

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ILR - PBS Dep - FLR(M) Route Update

Re: flr m

Re: flr m

Re: flr m

Re: flr m

Re: ILR - PBS DEP - FLR(M) ROUTE UPDATE

Re: Settlement of Tier 1 (PSW) Dependants

Please clarify my confusion

Flrm to set m?

Re: Flrm to set m?

Re: Flrm to set m?

Re: Flrm to set m?