Hyper-PK wrote:I my previous discussion on this form i was told that she falls under old rules. and i don't need to fill the section 7A and need to go to section 7B
Correct ... "Not correct"
Note: this is not correct and you fall under new rule and I am afraid to say you have to fill section 7A and meet £18600 Financial requrements.
As we have been to the sheffield PEO yesterday ...I will write my yesterday experience on this forum shortly...so this could be helpfull for other members ....
I think you've been misled
. No wonder even the best of lawyers are tumbling over this. Remember, lately we had members who've got their SET(M) processed without switching to FLR(M) whereas others had to get both Apps processed which is the best example of their inconsistency.
I personally would think, if you were affected with the case worker's decision then you were just unlucky. I donno what you've experienced yesterday but If I were you, I'd have asked them to give me what ever they said in written which would make them to double check the rule book (if there was one). The only reason why I am adamant is, on FLR(M) it still says "If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not required to complete section 7A, Proceed to 7B MAINTENANCE".
Additional:- Just spoke to the Home Office with regards to the above and a lady (Bindu) said Dependents who were granted leave before 9th July 2012 do not need to fill in 7A
. However, I did mentioned about your experience and said someone I know attended the PEO at Sheffield was told otherwise, to which she said the case worker might've been mistaken and further said "I am reading from the rulebook depending on your query" which was similar to the original OP. (Dependent entered UK April 2012 on PSW dependant and main applicant awaiting ILR on 10 yrs LR Route)
Hi Guys, I have to admit the HO ever-changing immigration rules are really confusing and our enquiry regarding old rule/new rule with reference to finance requirements and probationary period towards settlement was dealt with by junior caseworker then consulted by manager and then senior manager in Sheffield PEO. They even printed out the part 8 rules off homeoffice website, highlighted the change which came into effect after 6th april for PSW or T4 dependent applying for FLRM and decision is final- Dependent on non-settlement route wont be eligible for pre-july old rule.
I dont want to argue who is right or wrong i.e PEO senior caseworkers or UKBA enqury line. I am just trying to share my experience and choice is yours. For people who are T1 or T2 dependent, the partner got settlement on 10 year rule, you really dont need to worry about new rule, just apply for FLRM or SETM if the caseworker is nice enough. (I know if my wife was under T1 dependent, she could have got settlement the same time as she applied for FLRM because the caseworker was really nice and was considering settlment option while looking at our FLRM case). Unfortunately, we were on non-settlement route and after heated discussion among several caseworkers for an hour, they looked confident about their decision on new rule in my case. (it is really funny to see three four of them printing rules off website, highlighted changes, discussing with each other and sometimes on the phone to someone through glass windows lol ).
My advise to people similar to my case, think twice before you apply for FLRM. Its better to prepare for finance requirement as backup. At the end of day, you dont know how your luck will turn out that day and it is certainly not worth risking £1000 PEO fee. In our case, we did complete finance 7A and 7B because we have met £18600 requirement regardless and we even filled in SETM. As soon as all the confusion about new rule/old rule cleared after heated discussion among caseworkers themselves, they processed our application right away under new rule requirements and approved FLRM applicaion in good time and gave wife 30 month visa. We are not really bothered about 2 year or 2.5 years spouse visa because wife is going to complete 10 year next year on her own merit and apply for settlement next year. What a day I have to say lol