Retired persons of independent means

I thought I'd see if anyone else on here has come across this extraordinary situation. I don't normally deal with this kind of application but have agreed to offer some assistance to some neighbours of mine who are from North America. They entered the UK on the Retired persons of independent means category in 2005. The category was scrapped in 2008 with no proper transitional arrangements made clear at the time. When they applied they were told that after 4 years they could get ILR if they still had an income of 25,000 PA and were able to support themselves. But in 2008 that 4 years was changed to 5.

They are now in a situation where they have to apply for the 5th year. This will cost them a fee of £850. They cannot get premium same-day service at a PEO but must attend a PEO to give biometrics. They must prove their income etc all over again.

I find this remarkable. UKBA moved the goalposts (in a way which was overturned for HSMP holders because it was deemed unfair), and because they've moved the goalposts they're charging the best part of a grand and making the applicants jump through hoops they should not have to contend with. It's a disgrace. Why did the Judicial Review not affect all tiers whose goalposts moved from 4 to 5 years?

Have I missed something here? The ILR fee of £850 is the same for all....whether you're on minimum income as spouse etc or self-sufficient with savings/income of £25,000+....so how have the goal posts been moved? Why would they expect to be issued with an ILR visa free of charge?

Casa - not ILR. They don't qualify for ILR 'til next year. They have to pay £850 for this extra year then another £850 next year.

Are you sure? Further Leave to Remain?

Yes. They were granted 4 years. UKBA (Phil Woolas) changed that to 5 after they entered, and put no transitional arrangements in place. They must apply for 1 more year using FLR(BUS) form and paying £850. Then next year use SET(BUS) and pay the same again. To be honest it's a bloody disgrace.

Especially when you consider how poor the service is!

Absolutely! They will have to complete the forms and send 4 years worth of bank statements to Durham, then attend a biometrics capture appointment in Glasgow (2 and a half hours drive away), then wait several weeks without their passports, for postal processing because this category can't be done same day at a PEO.

My family is in the exact same position as the first poster on this thread. We got approval as a family of 4 even though my oldest had turned 20 whilst into our 3rd year. I was under the impression that the final and 5th year toward ILR would be a piece of cake. Now I am hearing it can take upto 5 months with passports surrendered. We travel with our children as they are competitive athletes and this will be quite a hardship on their upcoming qualifiers and events-- not being able to leave the country for upto 5 months is absurd. I also was not aware they have eliminated the catagory of retired persons of independant means altogether. I do worry that my ultimate and final step toward ILR after 5 plus years will be complicated. Can anyone share their experience and how long and difficult the task might be? Any special considerations granted for those with travel plans. Finally, as my oldest was considered and approved at the 4 year mark under my husbands retired persons visa and as a family we were all able to maintain our same visa status we entered UK with, do you think I will encounter a problem with my daughter staying under the same visa now that she is 21? Many thanks to anyone who can shed light and their experience. ps: we are Americans!

Retired persons of independent means are in exactly the same position as work permit and ancestry visa holders. All of them were told the same thing, and in the case of all AV holders, uniformly got four-year visas as well prior to April 2006.

The HSMP JR success does not presently apply in any way to those in the above three categories.

Yes, RPIMs, WPs and AVs were all told one thing and now it's another. Yes, they have to apply for an extra year. And yes, they're gonna have to pay for the extension. It may be a disgrace, but it's an old, well-worn out one.