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ILR - PBS Dep - FLR(M) Route Update

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

alphaherts
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Date of ILR application & Maintenance on SET M applicati

Post by alphaherts » Mon Dec 02, 2013 12:34 pm

I need to enquire about my wife ILR application. My Wife entered in UK as work permit dependent in June 2008. After my ILR on the basis of 10 years in Sep 2011. She got dependent visa after applying on FLR M in Jan 2012. Her visa is due to expire in Jan 2014.
My question is, can she apply for ILR more than 28 days before her visa expires?
what is reasonable amount of maintenance / account balance to support SET M application?
Our joint earnings are £ 1800 per month and have 2 children. Do I need to show savings / balance in my account?

Looking forward to hear back.

opty88
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Re: Date of ILR application & Maintenance on SET M appli

Post by opty88 » Tue Dec 03, 2013 8:45 pm

Since your wife has been your dependent since 2008, she can apply for SET (M) now
http://www.ukba.homeoffice.gov.uk/visas ... fore9july/

Confusedbuddy
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Post by Confusedbuddy » Wed Dec 04, 2013 12:33 am

Hi every one,

I need some advice. My wife came to uk in March 2011 as my dependent when I was on PSW visa. In July 2013 I got Tier 1 (Enterprenuer) and my wife got dpendent visa until 2016. I came to UK in dec 2003 and going apply for ILR on long term .

My questions are after my ILR .

1) Under which visa should my wife apply. is it FLR(M)?

2) Do I need to show £18,600 ?( I called HO and advisor said you have to meet financial requirment coz when your wife came into this country you were not settled here but I saw on this forum people said if spouse came before July 2012 we don't need to show financial requirement)

3) If I can't meet financial requirment which visa should my wife apply?

4 ) When my wife can apply for ILR. Is it 3 yrs or 5 yrs?

Please Guru o this forum or somone who was i same position as me and got visa help me.

Thnks

vinny
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Post by vinny » Wed Dec 04, 2013 2:20 am

1) Yes. However,
2) No.

3) If refused and leave was curtailed, then appeal.

4) SET(M) immediately following grant of FLR(M). This is the subject of this current thread!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

alphaherts
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Post by alphaherts » Sun Dec 08, 2013 11:02 pm

What about mainetenance requirements for SET M.

vinny
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Post by vinny » Sun Dec 08, 2013 11:32 pm

If subject to the transitional provisions, then adequate maintenance is applicable.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

JShah
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Post by JShah » Tue Dec 10, 2013 4:42 pm

Hi,
Kindly advise, I m in bit difficult situation.
I got ILR along with my son and applied for BC registration for UK born daughter.
My wife is on Tier1 dependent visa and has completed 2 years requirement but unfortunately she does not meet English Language Requirements. She appeared for LIUK test but could not pass and I do not see her pass it in near future.
I do not know what to do. Her visa is due to expire soon.

Any advice/help from experts will be highly highly appreciated.

Waiting anxiously for ur expert opinion.

Regards

vinny
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Post by vinny » Tue Dec 10, 2013 11:47 pm

She may apply for the appropriate extension, until she qualifies for ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

anas2011
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FLR(M)-maintenance requirement

Post by anas2011 » Wed Dec 11, 2013 2:08 am

Hi Good evening sir ,I want to anxiously ask regarding the transitional provisions published by UKBA in April 2013 for PBS Dependant entered or had leave to remain after 9th July 2012 whose PBS partner has got indefinite leave to remain on the basis of long residence under paragraph A280c of the Immigration Rules. Does Appendix FM of the Immigration Rules ( income threshold requirement) apply only to the PBS dependants who entered or leave to remain in the UK after 9th July 2012.
Is my understanding coorrect.Please answer my query ASAP.

Kind Regards.
Aitazaz Aqeel

Amber
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Post by Amber » Wed Dec 11, 2013 7:59 am

Annex FM applies to those with spouse leave/FLR(M) who applied before July 2012 or those PBS deps granted leave after July 2012 who subsequently apply for FLR(M).
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mycanal1
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Re: ILR - PBS Dep - FLR(M) Route Update

Post by mycanal1 » Fri Dec 13, 2013 2:48 pm

Amber_ 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.
Hi,
Does that mean, that after getting ILR based on 10 yr, my wife can apply for FLR(M) and Set(M) on the same day at PEO, using 8 years she spend as my dependent on student tier 4 and PSW tier 1 visa.
or they have changed anything yet.
Do we need to fullfil the new income threshold of £18,600. I asked few lawyers, they r giving conflicting replies, I email home office public inquiry and they copy pasted me standard FAQ webpage instead of answering my question.

Amber
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Post by Amber » Fri Dec 13, 2013 2:58 pm

You can do FLR(M) at the PEO and SET(M) to do them together, that'll be up to the caseworker. Booking two close appointments may be wiser.
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anas2011
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Re: FLR(M)-maintenance requirement

Post by anas2011 » Tue Dec 17, 2013 4:00 am

Hi Good Evening Sir/Madam ,

I have applied for my ILR on the basis of long residence and I have separately appied under FLR(M) application for my wife at the same time who entered UK as Tier 1 Geeneral Partner and has had further leave to remain as a Tier 1 General Dependnat before 9th July 2012.
Therefore, I have complied with transitional provisions under Part 8 paragraph A280c of the immigration rules which states that I am exempted from showing the financial requirement(Minimum income threshold) and Appendix FM of immigration rules (rules regarding income requirement) does not apply to me because it applies to the applicants who were granted leave or enter to remain as PBS dependant after 9th July 2012 in the light of the immigration directions mentioned below.

IMMIGRATION DIRECTORATE INSTRUCTIONS
FAMILY MEMBERS UNDER APPENDIX FM OF THE IMMIGRATION RULES
Chapter 8
Transitional Provisions
If the main relevant Points Based System (PBS) Migrant gains indefinite leave to remain on the basis of Long Residence any PBS dependant partner will not be able to extend their leave or gain settlement as a PBS dependant and will be required to switch into the partner of a settled person category and apply for limited leave.
Applicants who were granted leave to enter or remain as a PBS dependant before 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence can under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.
Applicants who were granted leave to enter or remain as a PBS dependant after 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence will be required to apply to extend their leave as a partner under Appendix FM.
Is my understanding correct.Please respond ASAP.Thanks

Kind Regards.
Aitazaz Aqeel

anas2011
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Post by anas2011 » Thu Dec 19, 2013 3:42 pm

Hi good evening
one of my friend currently on old Work Permit Holder category applied ILR on the basis of long residence and he applied FLR(M) application for his wife
who came to UK as his(work permit holder dependant) before 9th July 2012. Does he needs the minimum income threshold requirement (18600.00) for his wife's application?
Kind Regards
Aitazaz aqeel

anas2011
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Post by anas2011 » Thu Dec 19, 2013 3:45 pm

My friend married to a girl.whoes father was a german national he was in uk and working .first time she got a 5 years EAA family member dependant visa for uk.mean while her father died .but after completing 5 years she got a 10 years visa which says permanent resident card
Which is stamped on pakistani passport .
1) which categeory under she comes as a EEA national member or
British indefinate.
2) which farm she needs to fill in
EE2A or FLRM.
How much income requirement and length of visa her dependant will get.

Many regards

Aitazazaqeel

satish_k80
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Re: ILR - PBS Dep - FLR(M) Route Update

Post by satish_k80 » Sun Jan 05, 2014 10:59 pm

Hi, could anybody please advise??

my wife is applying on FLR (m), for Approved English language test requirement, she has got from UK NARIC a statement of comparability for Qualification of Bachelors Degree comparable to UK Bachelors (on Bachelors degree from University in India) however UK NARIC letter does not mention that it was taught in English. If we get a letter from University in India that it was taught in english, would that be enough to qualify for english language requirement (for FLR (m) application) or does she need to take a English language test separately?

appreciate your advise

many thanks
SK

Amber
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Re: ILR - PBS Dep - FLR(M) Route Update

Post by Amber » Mon Jan 06, 2014 6:51 am

That should suffice. Have you checked whether it was awarded 10 points for English Skills on the PBS calculator?
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satish_k80
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Re: ILR - PBS Dep - FLR(M) Route Update

Post by satish_k80 » Tue Jan 07, 2014 11:05 pm

Amber_ wrote:That should suffice. Have you checked whether it was awarded 10 points for English Skills on the PBS calculator?
Many thanks Amber for confirming. She came to UK in May 2012 on Tier 1(General) PBS dependent visa, I think there was no points based criteria to qualify as PBS Dependent (ignore my lack of information if am wrong!) she did however gave her Bacherlors degree certificates, my support/sponsor letter etc to apply as dependent at the time application. However I did check on PBS calculator entering her details in there as applying for Tier 1 (General) extension (to be able to get to the English Skills section) and she does get 10 points for English skills, is that what you were referring to check or am I missing something?

appreciate your advise

cheers!
SK

Amber
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Re: ILR - PBS Dep - FLR(M) Route Update

Post by Amber » Wed Jan 08, 2014 2:43 am

Yes, include a print out of the calculator and that will suffice both an A1 and B1 requirement.
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waitingformonths
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Re:

Post by waitingformonths » Sat Jan 18, 2014 3:30 pm

Amber_ wrote:
waitingformonths wrote:My wife came to UK in Dec. 2010 on a Tier 1 dependent. Her Visa ran out before she completed 2 years. We applied for FLR(M) after 09-Jul-2012 and the leave was granted.

What is her status now? Can she now apply for ILR as she has completed her 2 years or she has to wait for 5 years as she applied for FLR(M) after 09-Jul-2012?

Your help will be much appreciated.
Old rules and providing she meets the requirements should be able to apply for set(m) now.

Thanks again Amber for this post and your help. My wife's ILR has been approved. We sought legal advice and posted the SET(M) application through a solicitor.

Kind regards

Amber
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Re: ILR - PBS Dep - FLR(M) Route Update

Post by Amber » Sat Jan 18, 2014 3:59 pm

Congratulations.
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Bobthemoggie
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FLR-(M) Application Query

Post by Bobthemoggie » Sun Jan 19, 2014 11:35 pm

Dear All,

Wish you a very Happy new year!

I have got my ILR (through PBS route) recently, I am really thankful to the discussions threads & Senior members valuable comments, on this forum which are extremely helpful.
I am applying for my wife's FLR(M) this week.
My wife is currently on Tier-1 dependent visa.

There's following question on the FLR-M form:
2.2 Is this the first time you have applied for a visa or extension of stay in one of the above categories (including previous leave granted as a fiancé(e) or proposed civil partner) with your current sponsor?
Yes/No

May I know- what should be the answer to this question?

Kindly advise.
Many Thanks

nathan007
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Re: What form to get, Flr(M) or Set (M)

Post by nathan007 » Mon Jan 20, 2014 11:43 am

Hello Amber,

My name is Nathan,i just need some help and advice please. I need to know what Form should I use, for my case.
I entered Uk in 2009 with a Tier 4 student visa, then I met my partner in 2011. She is already settled here in uk, with having an indefinite stay and now can apply for British citizenship anytime, she is also a single mom with ofcourse a British daughter.
we have been in a relation for two years or so already, but we didn't live in together in our first year. Since she still lives with her mom and help her with the siblings,she just goes to my flat thrice a week. But now since 2013 we are living together.
we are still unmarried but, will be marrying this year. 2014.
I have used FLR (O) before my tier 4 visa expired, but as been refused after 1 year of wait.
I just need help, now we have been together, and planning to settle, though still will be marring soon(unmarried partner), what form can we use? can I use Set M form or the FLR M? Please help. Thank you very much

Bobthemoggie
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Re: FLR-(M) Application Query

Post by Bobthemoggie » Sun Jan 26, 2014 12:47 am

Hello Guys

Awaiting your kind response on this.

Thanks
Bobthemoggie wrote:Dear All,

Wish you a very Happy new year!

I have got my ILR (through PBS route) recently, I am really thankful to the discussions threads & Senior members valuable comments, on this forum which are extremely helpful.
I am applying for my wife's FLR(M) this week.
My wife is currently on Tier-1 dependent visa.

There's following question on the FLR-M form:
2.2 Is this the first time you have applied for a visa or extension of stay in one of the above categories (including previous leave granted as a fiancé(e) or proposed civil partner) with your current sponsor?
Yes/No

May I know- what should be the answer to this question?

Kindly advise.
Many Thanks

Amber
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Re: ILR - PBS Dep - FLR(M) Route Update

Post by Amber » Sun Jan 26, 2014 9:47 am

Bobthemoggie, when was your spouse granted PBS dep leave?

Nathann007, have you actually got valid stay at the moment?
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