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10 years long residence applications

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

Damanisshallo
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Re: letter

Post by Damanisshallo » Fri Apr 26, 2013 2:10 pm

Lcj wrote:now that Rob Whiteman is left the office can anyone give Sarah Rapson's email address thanks
You can try doing this.
Wiggsy wrote:I then came straight to the point and said "Do you have the email addresses for David Wood and Sarah Rapson?" he said "I'm not aware of them, but I am sure that we will respond to this in your enquiry."

He said that Rob Whiteman IS NOT directly running the UKBA now. Complaints should be addressed to Sarah and David respectively - HOWEVER, complaints about what happened on Rob's watch are being dealt with by his office.

I asked again "But we cannot complain directly if we don't have contact details?" "If contact is sent to Rob, the messages will be forwarded onwards appropriately."
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Lcj
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Location: London

Letter

Post by Lcj » Fri Apr 26, 2013 2:19 pm

So should l try rob's email first

Hyper-PK
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Re: 10 years long ilr and flr m

Post by Hyper-PK » Fri Apr 26, 2013 2:33 pm

Damanisshallo wrote:
nazeeer123 wrote:I need help in filling the flr m form. My wife can to uk on psw dependent in early April 2012. she spend 1 year on psw dependent .

My application is pending on 10 years ILR and my wife's visa is due to expire in end mayl.

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 ....

Help on the Form

Setion 2 : I have selected spouse of a person present and settled in the uk and a biometric immigration document. (is this correct?)

Correct

Section 2 point 2.2 which says "is this the first time you ahve applied for a visa or extension of stay in one of the above categories "?? yes or no??
She is applying flr m for the first time but she is already a dependent. what should i say yes or no?

Yes


In the same section they have a option which says if you are applying for any other reason - please explain below (on page 7) and there is a box to fill in. Do i fill in this box with the details of my ilr pending??

Since you said "yes" to the previous Q? you shall proceed to Section 3.

Section 3 point 3.15 "if your sponsor was not british from birth, when did your sponsor obtain settlement? asking for a date what should I say? my application is under consideration for ILR?

Awaiting consideration/decision. You can provide the Application date of the sponsor


In Section 4 (it says it is mandatory to complete this section as required. )

Do we need to fill in any of this even if there are no children applying ?
My wife is expecting any day. What if i am applying her visa after her delivery do i need to fill in this section.

Read the full sentence...
In this section include any children under the age of 18 who are living with you in the UK and who are applying as your dependants. It is mandatory to complete this section as required.


Even if your wife gives birth to your child, you don't have to worry as you aren't including him/her in the application. 4.1, 4.2, 4.3 should be No and proceed to Section 5.

Section 7A: do i need to fill in any of this including 7.1 question? or should i just go to section 7B?

No

Setion 7B: In section 7B they are asking about rent and salary of my wife and myself.



If we fall under old rules i have seen on one of the links on this forum that you have to have 111.45 per week for a couple without children + the rent and the council tax. How much salary is sufficient for the flr m under old rules

This is to see if you are able to maintain your family without relying on Public Funds.

do they consider any bank balance(s) in flr m application.

DRcfox
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Posts: 19
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Post by DRcfox » Fri Apr 26, 2013 3:03 pm

Hello!!!
So I got my BRP card today!!!
Applied: 24 August 2012
Received: 31 August 2012
Biometrics: 1 November 2012
Approval: 24 April 2012
Passports: 25 April 2012
BRP: 26 April 2012

See my older posts for the back story of letters/email/and faxes.


Thank you all so much for everything! This has been such an emotional process. This site was my solace in the middle of the night when I could not sleep.

Best Wishes to you all.

gmx
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Posts: 162
Joined: Wed Jan 30, 2013 9:48 pm

Post by gmx » Fri Apr 26, 2013 3:06 pm

Congrats DRcfox!
DRcfox wrote:Hello!!!
So I got my BRP card today!!!
Applied: 24 August 2012
Received: 31 August 2012
Biometrics: 1 November 2012
Approval: 24 April 2012
Passports: 25 April 2012
BRP: 26 April 2012

See my older posts for the back story of letters/email/and faxes.


Thank you all so much for everything! This has been such an emotional process. This site was my solace in the middle of the night when I could not sleep.

Best Wishes to you all.

Damanisshallo
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Posts: 1235
Joined: Fri Jul 27, 2012 3:29 am
Location: 50.89° N, 1.40° W

Re: 10 years long ilr and flr m

Post by Damanisshallo » Fri Apr 26, 2013 3:23 pm

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)
Statutory Warning:Members are advised to make thorough inquiries before acting upon any description displayed on my behalf.
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gmx
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Posts: 162
Joined: Wed Jan 30, 2013 9:48 pm

Post by gmx » Fri Apr 26, 2013 4:16 pm

Aug-12 SET (O) ILR Long Residence (10 years) & Some interesting remarks

2 weeks of Oct-12 Long Residence
gmx wrote:These are from today:
https://www.whatdotheyknow.com/request/ ... 026590.pdf
https://www.whatdotheyknow.com/request/ ... 026406.pdf
https://www.whatdotheyknow.com/request/ ... 026236.pdf

It's not clear when the data are actually generated.

My response to your next question
essentialSalt wrote:If any member has official statistics about recent processing times of the set(O) applications and (of those applications) 10 year residence applications, please post. I would love to see them.

Does anyone also have official documents about what constitutes "compassionate or compelling" cases? The sentence about the compassionate and compelling cases was included in the guideline probably to create some room for interpretation and to give some flexibility/autonomy to caseworkers. Probably, it is not defined for those reasons. But I am just curious if they have official definitions about those terminologies.

A.Jadoon
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Posts: 34
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Exceptional Circumstances to expedite a case.

Post by A.Jadoon » Fri Apr 26, 2013 5:23 pm

essentialSalt wrote:If any member has official statistics about recent processing times of the set(O) applications and (of those applications) 10 year residence applications, please post. I would love to see them.

Does anyone also have official documents about what constitutes "compassionate or compelling" cases? The sentence about the compassionate and compelling cases was included in the guideline probably to create some room for interpretation and to give some flexibility/autonomy to caseworkers. Probably, it is not defined for those reasons. But I am just curious if they have official definitions about those terminologies.
This document details the exceptional circumstances in which one may request to expedite their case.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

segs2tier1
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Posts: 40
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Post by segs2tier1 » Fri Apr 26, 2013 5:35 pm

Ok - got my things back from the UKBA finally.

Here are my time lines:

Applied on - 28 August 2012
Received - 31 August 2012
Biometrics - November 2012
BRP and documents received - 26 April 2013 (approval letter date 24 April 2013)

Took almost 8 months. I will use the 15 month rule when applying for naturalisation, 8 months is a long time to wait for something that should'nt take more than 3 months ideally..

Either way, thanks all for the support. Lets hope other August applicants get their ILRs as well.

zeni_iqb
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Posts: 9
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Location: LONDON

Post by zeni_iqb » Fri Apr 26, 2013 5:38 pm

Hi all finely my husband got his flrm approved today his time line is. Application sent 30th aug 2012. Brp done 30th nov 2012. Flrm recvied 23rd April 2013. Can any one update the sky drive pls thank you so much everyone on this forum been so helpful

zeni_iqb
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Post by zeni_iqb » Fri Apr 26, 2013 5:43 pm

Hi igot query if any one can pls help as my husband just got flrm. My question is 1. He is been my dependant for four years two years on psw and two year tier 4 so can he apply for ilr as he has already completed two years as my dependent . I have got my ilr this week on the basis of ten year. Thanks

Damanisshallo
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Post by Damanisshallo » Fri Apr 26, 2013 5:54 pm

zeni_iqb wrote: My question is 1. He is been my dependant for four years two years on psw and two year tier 4 so can he apply for ilr as he has already completed two years as my dependent . I have got my ilr this week on the basis of ten year. Thanks
Yes he can.
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essentialSalt
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Posts: 75
Joined: Sat Jan 26, 2013 10:46 pm

Post by essentialSalt » Fri Apr 26, 2013 6:02 pm

gmx wrote:Aug-12 SET (O) ILR Long Residence (10 years) & Some interesting remarks

2 weeks of Oct-12 Long Residence
gmx wrote:These are from today:
https://www.whatdotheyknow.com/request/ ... 026590.pdf
https://www.whatdotheyknow.com/request/ ... 026406.pdf
https://www.whatdotheyknow.com/request/ ... 026236.pdf

It's not clear when the data are actually generated.

My response to your next question
essentialSalt wrote:If any member has official statistics about recent processing times of the set(O) applications and (of those applications) 10 year residence applications, please post. I would love to see them.

Does anyone also have official documents about what constitutes "compassionate or compelling" cases? The sentence about the compassionate and compelling cases was included in the guideline probably to create some room for interpretation and to give some flexibility/autonomy to caseworkers. Probably, it is not defined for those reasons. But I am just curious if they have official definitions about those terminologies.
Thanks.

These are interesting documents. 33% is lower than I expected. And still half of the cases received in August, including mine, are pending.

I particularly find the answer to "can I take the home office to court if I haven't received a response within a year?" interesting. The "we aim to process within 6 months" becomes effective, doesn't it? This is something they can't give in - once they do, they have a whole list of people who will start a legal action against them.

The document about the "compassionate or compelling cases" is a bit strange. You can't expedite a case for employment, but you can for wanting to see a dying relative. You can't expedite a case for employment, but you can for severe depression (that could lead to suicide). I think employment has to come before everything else. It's as important as your immediate relative dying. Employment is what we do for at least 37.5 hours a week and who works only for 37.5 hours a week (what country are we living?)?

Mera-IR
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Posts: 9
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Re: September applicant

Post by Mera-IR » Fri Apr 26, 2013 6:27 pm

Hi,
Thanks for the reply. The visa was expiring last week of March and I applied the first week of March. But because I did not attach the college attendance certificate then they sent me a letter to post it to them and I assume I would have got it back to them soon as. I should have requested for SAR form but the Solicitor I applied through with said not needed.
I wish I knew this forum before applying.
Regarding the stamps, there are also some stamps which have my countries calender dates so would the caseworker need to request information from the consulate of the country?

Kind regards
essentialSalt wrote:
Mera-IR wrote:Hi,
I would like to ask that if you could please have read of the background detail of my previous post? could you please let me know whether it was risky for me to apply for ILR in September 2012 or maybe I would be fine? As the waiting gets longer I come up with assessing all the records.

Wish everyone here all the best!

Many thanks

Mera-IR wrote:Hi all,

SET(O)-10yrs long residence route, (8years student+2yrs PSW)
current visa expired: 31 Sep 2012

-I have 7 weeks gap between second visa expiry and the third one approving. I cannot remember much why, only vaguely remember could be missing college attendance certificate from visa application. Which I sent off to them soon after. I have attached the letter from HO regarding missing college certificate.
-I have also got a stamp missing when entering back to UK on first visit to abroad. Here ,I luckily kept my flight tickets and part of my boarding pass which attached to the application.
-The absence all total comes to 60 days, and I have been abroad for 5 times.

Waiting timeline as follows:
Postal application, Liverpool office
Application Sent : 03 Sep 2012
Acknowledgement Letter Received : 10 Sep 2012 (Dated: 06 Sep 2012)
Payment Taken Out : 10 Sep 2012 Card payment
Biometric Invitation Letter Received : 01 Nov 2012 (Dated 31 Oct 2012)
Biometric Done : 03 Nov 2012
Rest of the process: Waiting

All the very best of luck to everyone!
Novice's opinions here.

1st bold: Were you legal during the 7 weeks period (which is less than 49 days)? For example, if an applicant finishes an undergrad in June, the visa expires on 31st Oct and the applicant returns to the country, and then the applicant starts a Master's in Jan and the visa starts around the time of xmas (obtained through a British consulate). There is roughly 7 weeks legal gap. I think this gap is acceptable (and reasonable).

2nd bold: I think many people are missing stamps when going out and entering the country. This is not traveller's fault. It's the administrative error that belongs to the home office.

Underlined: The waiting time has been around 8 - 9 months and from one of the previous posts which was based on a document obtained using the information freedom act (or something like that) stated that as of 10th April, 1850 July applications (on Set(O)) are still outstanding/pending. You might have to wait a couple of months to hear from them.

AMH
Junior Member
Posts: 77
Joined: Tue Dec 18, 2012 11:59 pm

Post by AMH » Fri Apr 26, 2013 7:36 pm

4,310 ILR applications received is Sept2012!!
gmx wrote:Aug-12 SET (O) ILR Long Residence (10 years) & Some interesting remarks

2 weeks of Oct-12 Long Residence
gmx wrote:These are from today:
https://www.whatdotheyknow.com/request/ ... 026590.pdf
https://www.whatdotheyknow.com/request/ ... 026406.pdf
https://www.whatdotheyknow.com/request/ ... 026236.pdf

It's not clear when the data are actually generated.

My response to your next question
essentialSalt wrote:If any member has official statistics about recent processing times of the set(O) applications and (of those applications) 10 year residence applications, please post. I would love to see them.

Does anyone also have official documents about what constitutes "compassionate or compelling" cases? The sentence about the compassionate and compelling cases was included in the guideline probably to create some room for interpretation and to give some flexibility/autonomy to caseworkers. Probably, it is not defined for those reasons. But I am just curious if they have official definitions about those terminologies.
7A8M6H

essentialSalt
Junior Member
Posts: 75
Joined: Sat Jan 26, 2013 10:46 pm

Re: September applicant

Post by essentialSalt » Fri Apr 26, 2013 7:59 pm

Mera-IR wrote:Hi,
Thanks for the reply. The visa was expiring last week of March and I applied the first week of March. But because I did not attach the college attendance certificate then they sent me a letter to post it to them and I assume I would have got it back to them soon as. I should have requested for SAR form but the Solicitor I applied through with said not needed.
I wish I knew this forum before applying.
Regarding the stamps, there are also some stamps which have my countries calender dates so would the caseworker need to request information from the consulate of the country?

Kind regards
essentialSalt wrote:
Mera-IR wrote:Hi,
I would like to ask that if you could please have read of the background detail of my previous post? could you please let me know whether it was risky for me to apply for ILR in September 2012 or maybe I would be fine? As the waiting gets longer I come up with assessing all the records.

Wish everyone here all the best!

Many thanks

Mera-IR wrote:Hi all,

SET(O)-10yrs long residence route, (8years student+2yrs PSW)
current visa expired: 31 Sep 2012

-I have 7 weeks gap between second visa expiry and the third one approving. I cannot remember much why, only vaguely remember could be missing college attendance certificate from visa application. Which I sent off to them soon after. I have attached the letter from HO regarding missing college certificate.
-I have also got a stamp missing when entering back to UK on first visit to abroad. Here ,I luckily kept my flight tickets and part of my boarding pass which attached to the application.
-The absence all total comes to 60 days, and I have been abroad for 5 times.

Waiting timeline as follows:
Postal application, Liverpool office
Application Sent : 03 Sep 2012
Acknowledgement Letter Received : 10 Sep 2012 (Dated: 06 Sep 2012)
Payment Taken Out : 10 Sep 2012 Card payment
Biometric Invitation Letter Received : 01 Nov 2012 (Dated 31 Oct 2012)
Biometric Done : 03 Nov 2012
Rest of the process: Waiting

All the very best of luck to everyone!
Novice's opinions here.

1st bold: Were you legal during the 7 weeks period (which is less than 49 days)? For example, if an applicant finishes an undergrad in June, the visa expires on 31st Oct and the applicant returns to the country, and then the applicant starts a Master's in Jan and the visa starts around the time of xmas (obtained through a British consulate). There is roughly 7 weeks legal gap. I think this gap is acceptable (and reasonable).

2nd bold: I think many people are missing stamps when going out and entering the country. This is not traveller's fault. It's the administrative error that belongs to the home office.

Underlined: The waiting time has been around 8 - 9 months and from one of the previous posts which was based on a document obtained using the information freedom act (or something like that) stated that as of 10th April, 1850 July applications (on Set(O)) are still outstanding/pending. You might have to wait a couple of months to hear from them.
You mean leaving Heathrow on 21st April and arriving in your country on 22nd April because of the time difference (for example, in SE Asia, it's 9 hours ahead, isn't it)? I wouldn't worry about it. If your country uses a different calendar, I am sure the home office people can work that out (unless you are the first person ever from that country to apply for a visa in the UK).

I can understand your frustration and banging your head against the brick wall, but there is not much we can do.

Hyper-PK
Junior Member
Posts: 68
Joined: Fri May 25, 2012 9:35 am
Location: UK
Contact:

Re: 10 years long ilr and flr m

Post by Hyper-PK » Fri Apr 26, 2013 8:15 pm

Damanisshallo wrote:
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

dipmm2000d
Junior Member
Posts: 70
Joined: Thu May 03, 2012 8:46 pm

Re: 10 years long ilr and flr m

Post by dipmm2000d » Fri Apr 26, 2013 9:49 pm

Hyper-PK wrote:
Damanisshallo wrote:
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
They are 100 percent right about the rules for psw and tier 4 dependant they come under new rules from 6th April 2013. At page 11 on the explanatory note of statement of changes, it is mentioned that partner of non settlement route cannot switch under part 8. That means they have to apply under appendix fm which is new rule. Pls read the rules 6 April changes override per-April rules for spouses.

Magic1597
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Posts: 7
Joined: Thu Mar 28, 2013 11:35 pm
Location: London

Re: 10 years long ilr and flr m

Post by Magic1597 » Fri Apr 26, 2013 10:20 pm

dipmm2000d wrote:
Hyper-PK wrote:
Damanisshallo wrote:
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
They are 100 percent right about the rules for psw and tier 4 dependant they come under new rules from 6th April 2013. At page 11 on the explanatory note of statement of changes, it is mentioned that partner of non settlement route cannot switch under part 8. That means they have to apply under appendix fm which is new rule. Pls read the rules 6 April changes override per-April rules for spouses.
Yes, but if you see the form it clearly states that if you we're granted leave as a partner pre July 2012 then u do not need to complete 7A.

Damanisshallo
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Re: 10 years long ilr and flr m

Post by Damanisshallo » Sat Apr 27, 2013 1:00 am

dipmm2000d wrote:They are 100 percent right about the rules for psw and tier 4 dependant they come under new rules from 6th April 2013. At page 11 on the explanatory note of statement of changes, it is mentioned that partner of non settlement route cannot switch under part 8. That means they have to apply under appendix fm which is new rule. Pls read the rules 6 April changes override per-April rules for spouses.
Sorry, I disagree. It is often very easy to lose the actual meaning if a sentence is broken or read out of context. Below is the complete sentence of which you've partially quoted.
STATEMENT OF CHANGES @ 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.
Please re-read the complete sentence and stress on the word "and" which means both conditions should be true. Now my interpretation of this sentence is, if you are a for ex: PSW/Student dependent then irrespective of how long you've been in this country, you just cannot switch into FLR (M) and sum up your stay as dependant to complete the qualifying period.

On the same page the below quote mentions about transitional provision.
STATEMENT OF CHANGES @ Page 12 wrote:To clarify that the transitional provisions for further applications made by those granted entry clearance or limited leave to enter or remain under Part 8 of the Rules before 9 July 2012 can only be accessed by persons in the UK and subject to the requirements of Part 8 for such applications.
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