Stoorey, I was on Tier 4 General Student dependent. The 1st lady on window was just to collect form and supporting docs and told she don'nt know anything about filling the form and rules and which form should we apply. She asked a fat lady case worker who told that I might apply on Set(O) but will confirm from her supervisor. When she came back after 1 hour she was a bit rude and told me that I can't apply Set(M) or Set(O) directly as I was not on settlement route. Might be she wanted to be more efficient by applying rules forcefully before 6th April . And she did'nt tell me anything about 6th April rules as well. She said I can't suggest anything regarding rules, its upto you whatever u want to apply (may be her own privacy policy). And then she asked me if I have any other questions. I asked if I am under old rules b4 9th July 2012. She said I am under old rules. And told as its busy PEO we can't take ur set(M) application in same appointment. I better thought not to tell her about rules and wait for my FLR(M) decision and then I gave my FLR(M) form and supporting docs to window lady.
Later when my case was decided by a nice male caseworker. He came to hand over my acknowledgement letter and supporting docs with his hands shivering. When I showed him the printed rule 319AA (with UKBA website URL reference) that tier 4 is same as other tiers and lady told me its not same and I could have applied SET(M) instead of FLR(M), He was saying YES u r right and u were eligible. He said who was that lady let me find it out. When he came back he said She was right about rules what she told u (He might got afraid of her). After this bad news I thought to ask questions freely as my case was already been decided. And I kept on asking until he replied all my questions. He was not willing to answer initially about April 6 rules will affect me or not. He just told that only fee will increased, then on my query he told little changes in rules. And I asked again that I am on
Tier 4 dependent and I heard these rules gonna affect on Tier 4 and PSW, he then told yes you will be affected. Then he said I know your concerns and worries but unfortunately I can't take ur set(M) in this appointment. You have to book another. I said its not possible I have already tried for it and no appointment is available before 6th April. Then he suggested to post it today or tomorrow. I even mentioned that Croydon or Cardiff are taking 2 forms in same appointment. He said here we have not done this so far and its not allowed as per rules of this PEO. In the end when it was like no option left for me instead of post, I asked him last question that could u add it on system that i m eligible to apply Set(M) before 6th April because the postal service case worker might not know rules like u and I don't want to be refused again as u know everyone works differently. At this he smiled and said if I put it in system I might loose my job
Then I checked my documents and acknowledgement letter (2 year FLR was granted). said thank u after collecting stuff from him what he was waiting for
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I hope its clear now that i was on tier 4, considered under old rules of 9th july, but not for set(m) at same appointment
stoorrey wrote:nats wrote:Sheffield PEO Experience today not as good as i thought of. On 1st window I asked for Set(m). Lady said I think you can apply on Set(O) but I will confirm from supervisor. And she came with not much good news, she said I have to apply for FLR(M) as Set(m) is for those whose partner was on PBS of settlement route not on 10 year long residence based ILR like tier 4 PBS as in my case.
And then he told in next appointment i can apply for SET(M) as they dont take 2 applications in single appointment. and she was not convinced any way. Then my FLR(M) case was decided and approval letter was handed over by case worker. I asked him if I can apply for Set(M) now. He said not in this appointment. I asked was it possible if I could directly apply Set(M). He said YES. I said but the lady on 1st window told that I cant. He asked who was she let me find out. He came in and came back and said whatever that lady said it was true. U can apply Set(M) in next appointment or by post. And on my query he replied if u want to consider ur existing 2 year stay for qualification period you should apply b4 6th April and should explain in cover letter that u r qualifying for 2 year as of now. Now I will post my Set(M) tomorrow.
Damanishallo or anyone, I want to ask for any reference on UKBA website for this 2 year qualification period could be combination of PBS and FLR(M) so that I can refer it in my cover letter?
2- Will they consider my postal date (5th April) or their receiving date (6th April) to decide wether I am under rules b4 6th April or not? If anyone can reply urgently as I need to post it tomorrow morning. thanks.
Nat
Was your wife a Tier 1 General dependant, if so why would Sheffield PEO ask you to apply for you wife ILR on set( m) before 6th April as the rule change is only for the dependant who are not on the settlement rout like PSW and student . Damanishallo replied to my query in the following post.
Damanisshallo
Sage
Joined: 27 Jul 2012
Posts: 695 Posted: Fri Apr 05, 2013 8:16 am Post subject:
________________________________________
stoorrey wrote:
Do you think the 2 years amalgamation rules under para 287 will no more apply after 6 April for the Tier 1 General dependants of 10 years Long?
Damanisshallo wrote:
I presume this is a real worry for PSW & Student dependants. As of now these are the only migrants who are not on a route to settlement otherwise they should be fine.
Statement of change @ Page 12 wrote:
To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.
