Urgent Advice Needed

Dear All,
Firstly, its a great forum and have hugely silently benefited in the past from this, however now happen to be in a genuine need of information.

I am on settled status since 2016 and my wife had joined me in UK in April 2015 , was granted an initial entry clearance for a year as a Tier 1 General dependant and then acquired extension under the same category for another 3 years until 4th June 2019.
I have only realised today that to get another extension she will have to provide proof of 90 days maintenance funds, I have 2 questions on this.

1: How are the 90 days counted, Can the first and the last day be counted to make this 90 day period? Her visa expires on 4th June, If I get the bank statement on the 4th June that is also her last day of visa,I have counted 90 days backwards and including 4th June and today 7th March, it makes 90 days inclusive of first and last day, Am I right in thinking this or there has to be clear 90 days a day before you submit the application?

2: She is under PBS dependant if she now applies as a dependant of settled person, would have time in the UK clock reset and she will lose her time until now towards the 5 years ILR qualifying period? I am thinking of this as if our 90 days conditions are unfortunately not satisfied thaen she will only have that route available? or the change of her category wont make any difference and she will still qualify for ILR of being lawfully in the UK for 5 years ?

Apologies for the long post and really appreciate all your valuable advice in advance.

Many thanks
Kind Regards
LR

1. 90 days counting backwards from date of online application payment and submission. The £630 must have been held for the full 90 days.

2. If she switches visas, her clock resets to zero and a new 5 year route to ILR.

Hello CR001,

Thanks ever so much for your reply and I do apologise in advance if I am repeating myself.

Can I please request you help me with this count? As I mentioned earlier, If I get the bank statement out on the last day i.e. 4th June 2019 and then count backwards from there, the 90th day is 7th March, When I had also deposited the money. Would we be able to count the day of 4th June, when we are also submitting the application in this 90 day count? with 4th June being day 1 and 7th March being day 90th? I am baffled by "full 90 days" , Does our scenario counts as full 90 days?

I understand it might be a straight forward question for yourself/other valued members but i am finding it difficult to do this count and would really appreciate your kind help with this.

Thanks ever so much again in advance for your great work to help people in need like me. Have a good day and weekend.

Kind Regards
LR

lonerunner wrote: ↑

Fri Mar 08, 2019 9:41 am

Hello CR001,

Thanks ever so much for your reply and I do apologise in advance if I am repeating myself.

Can I please request you help me with this count? As I mentioned earlier, If I get the bank statement out on the last day i.e. 4th June 2019 and then count backwards from there, the 90th day is 7th March, When I had also deposited the money. Would we be able to count the day of 4th June, when we are also submitting the application in this 90 day count? with 4th June being day 1 and 7th March being day 90th? I am baffled by "full 90 days" , Does our scenario counts as full 90 days?

I understand it might be a straight forward question for yourself/other valued members but i am finding it difficult to do this count and would really appreciate your kind help with this.

Thanks ever so much again in advance for your great work to help people in need like me. Have a good day and weekend.

Kind Regards
LR

Use date to date calculator.

https://www.timeanddate.com/date/duration.html

Dear Members,

Would someone please be able to to help with...

1: If Varying the application from one category to another (FLR-M to Tier 1 general-dependent (extension) )is still allowed?

2: What is the process of varying an application ? Just file a new application along with a covering letter while the first application is still undecided?

if someone can please explain, It will be much appreciated.

Thanks all in advance and have a good rest of the day.

Kind Regards
LR

On what basis did you get ILR, 5 years Tier 1 or 10 years long residence?

Why did you apply for FLR(M) when you were given advice already in March?

immigration-for-family-members/need-urg ... l#p1752593

Hello CR001,

Thanks for your reply.

I had gained ILR through 5 years Tier 1 route,does this make a difference also?

I still haven't applied, exploring all available options before applying.

Thanks in advance.

Kind Regards
LR

To vary you will have to apply online, pay the fees again and IHS fees again and request the variation. How HO views your supporting documents is anyone's guess as they might consider the original application date as date of application and you still won't meet the 90 days maintenance funds.

FLR(M) has a minimum annual salary/financial requirement and English test.

Dear Members

Apologies to keep coming back with queries and thanks very much for your valued replies in advance, especially CR001 who has been absolutely amazing with such quick replies. Got few more for now. feeling really stressed at the moment

1: If Tier 1 general dependant extension application is refused for any reason, i believe there is no right of appeal given. Do they always allow an opportunity of Administrative Review within 14 days period? if Yes, can the applicant apply under another category i.e. FLR M dependant within those 14 days ?

The next might sound a silly question, but considering if they meet all the criteria for FLR-M dependant, would it be an easy approval or they might decline that as well just because their previous Tier 1 general dependant extension application was refused?

And, FLR-M approval would mean another start of 5 years period or they might suggest 10 years route?

Apologies again for quite a few questions but really appreciate all your precious advice.

Thanks in advance.

Kind Regards
LR

1: If Tier 1 general dependant extension application is refused for any reason, i believe there is no right of appeal given. Do they always allow an opportunity of Administrative Review within 14 days period? if Yes, can the applicant apply under another category i.e. FLR M dependant within those 14 days ?

Why do you think it would be refused??

The next might sound a silly question, but considering if they meet all the criteria for FLR-M dependant, would it be an easy approval or they might decline that as well just because their previous Tier 1 general dependant extension application was refused?

Why do you believe either would be refused??

And, FLR-M approval would mean another start of 5 years period or they might suggest 10 years route?

Yes it resets the 5 year clock for ILR. 10 years ILR is possible if all the requirements are met.

p.s. please keep all your questions in ONE topic. All merged into one now.

Hello CR001,

thanks very much again for your reply and apologies, didnt know, that all queries have to be under same thread, thanks for merging them.

1:Why do you think it would be refused??
There is a little financial maintenance funds complication that might cause it, But would the applicant be allowed to apply under another visa category i.e. FLR-M during the 14 days period given for AR?

2: As i said, it WAS a silly question, was just checking to see because if 1st application was refused and we have applied the 2nd one during AR period so that might create complications for 2nd applciation?

Kind Regards
LR

Hello CR001 / Other senior Members,

Apologies to chase up but any thoughts on the below, thanks in advance.

1:Why do you think it would be refused??
There is a little financial maintenance funds complication that might cause it, But my question is Tier 1 genereal dependant application refused, would the applicant be allowed to apply under another visa category i.e. FLR-M during the 14 days period given for AR?

2: As i said, it WAS a silly question, was just checking to see because if 1st application was refused and we have applied the 2nd one during AR period so that might create complications for 2nd applciation?

Kind Regards
LR

Hello CR001, Apologies in advance to post another thread but I wasnt seem to be getting luck with your/any answer with posting under existing thread (as you had kindly suggested) and it has become quite urgent now due to lack of time, I appreciate its a free forum so I cannot push for quick answers BUT i have waited few days, queries below please.

1: If Tier 1 general dependant extension application is refused (slight issue with maintenance funds), i believe there is no right of appeal given. Do they always allow an opportunity of Administrative Review within 14 days period? if Yes, can the applicant apply under another category i.e. FLR-M dependant within those 14 days instead of going for AR ?

Your kind advice is much appreciated.

Kind Regards
LR

Unless you state your exact circumstances on why you believe it will be refused based on maintenance, no one can actually give you any advice. Asking hypothetical questions for all eventualities will just cause you more stress and anxiety and means us unpaid volunteers on the forum are doing research and digging around for no apparent reason.

1. There is no appeal right. She will get AR option only, to be submitted within 14 days. She does not have to do AR, which is only for when HO has made a mistake. She can also apply for FLR(M) within 14 days, but she will be an overstayer until FLR(M) is decided.

2.

Hello CR001, thanks very much again for your reply. I had tried to explain the maintenance funds issue previous, its as below.

We had put in the maintenance funds on 7th of March and her visa expires on 4th of June, we only make 90 days if we include the 1st day and last day i.e. 4th June in this count, though her visa expires the same day when we are also submitting the application. I will off course get the bank statement on the last day showing the closing balance on 4th of June.

We are stressing out because I had read contradictory information as in one place the policy states the funds have to be maintained for 90 days before the date of application, and now because 4th of June is when we are applying for the visa and we also are counting this as a part of 90 days, so would that be an issue as literally speaking its not BEFORE the date of application.

On another place, in Immigration Rules Appendix E: maintenance (funds) for the family of Relevant Points Based System Migrants, it states that

(g) The funds in question must have been available to the person referred to in (f) above on the date of the application and for:

(i) a consecutive 90-day period of time, if the applicant is applying as the Partner or Child of a Tier 1 Migrant (other than a Tier 1 (Investor) Migrant) or a Tier 1 (Exceptional Talent) Migrant), a Tier 2 Migrant or a Tier 5 (Temporary Worker) Migrant;

And

(m) The end date of the 90-day and 28-day periods referred to in (g) above will be taken as the date of the closing balance on the most recent of the specified documents (where specified documents from two or more accounts are submitted, this will be the end date for the account that most favours the applicant), as set out in paragraph 1B of Appendix C, and must be no earlier than 31 days before the date of application.

Point M states that end date will be referred to as the date of closing balance on the most recent of the specified documents, now if the closing balance is on the 4th, that day should be counted....?

I know, most of you will be saying, what he is on about but its stressing us out and we are exploring all options,

Thanks, appreciate your help in advance.

4th June minus 90 days is 6th March.

https://www.timeanddate.com/date/datead ... ad=90&rec=

Hello CR001

Thanks for your reply.

Yes, I had done that also but that's where the issue is, this calculator does not include the last date that you enter in 90 days count, but here we are reading from Apeendix E, sub section "M" suggests that that "The end date of the 90-day and 28-day periods referred to in (g) above will be taken as the date of the closing balance on the most recent of the specified document ?

My query still remains though..