Query about Family Migration Rules July 2012

[muhammad4639]

Hello All

I am in a very tight situation and got different opinions from 4 different lawyers, looking for assisstence, I hope that anybody in the same boat or have knowledge about that issue will help me as I have already booked my premium appointment for myself on 4th March 2014.

I am eligible for ILR via Tier 1 Route after 22 feb 2014.

My wife entered uk on spouse visa on June 2010.
We were blessed a son, born in UK.

Her father was seriouly sick and she flew back to Pakistan in emergency on June 2011 (stayed 1 year with me) my son was only 3 months old and did not have UK visa at all, Pakistani ambassy in london has made an emergency passport for my son. Later on my wife got seriously ill and Dr advised her to take rest and she stayed in Pak
Her 1st visa was expired on March 2012.

1. She appiled for new Spouse/Partner visa from Pakistan on 4th July 2012 before the new rules were launched.
2. She was granted the visa valid from 24 July 2012 and expire 6 June 2014.
3. She entered Uk 2nd August 2012 and staying with me

Which rules will be applied for her, old rules ? In which spouse have to stay for 2 years.
OR New rules ? In which were applied after 9 July 2012 in which spouse have to complete 5 years.

If old rules, then I will be very lucky.
One of the Lawyer is saying new rules, but he has aaded that If I will bring her sickness file which will cover the gap and will be considered. But he is saying that my wife has to apply for ILR with me.

Will Home Office accept 12 months gap although we have got A -Z record of her sickness.
very stressfull situation.
can anybody contact me on ata_traders@yahoo.com

[vinny]

It depends whether your wife was granted leave under the Rules in place before 9 July 2012 or not.

In the transitional cases (2), the date of application matters. However, with PBS dependants, I'm not so sure, as the wording in 319E(d) is slightly different.

Moreover,

(g) For the avoidance of doubt, notwithstanding the introduction of Appendix FM, paragraphs
319AA - 319J of Part 8 continue to apply, and are not subject to any additional requirement listed in paragraph (b) above, to applications for entry clearance or leave to enter or remain as the spouse, civil partner, unmarried partner, same sex partner, or child of a Relevant Points Based System Migrant.

Ask the British High Commission.

Perhaps you may argue that for consistency, the date of application should be applicable.

[muhammad4639]

Option 1 - So If I will go for ILR myself, Can my wife apply for ILR after completing her 2 years ? Her visa was valid from 24 July 2012, entered uk 2nd August 2012 and visa Expires on 6 June 2014. She can complete her 2 years time in 2nd August 2014. Her visa is going to be expired on 6 June 2014, after that on which catogary she will apply

If they consider her for new rules 9 July 2012 - What do you suggest If I will show her sickness document under special circumstances, Will they accept 12 months gap ?
Option 2 - by showing her sickness doc, we both can apply for ILR as I am fully qualified.

I could not find any similer case which would help me alot, I am sure I am not the exceptional, please send some links

[sherjan]

Option 1 - So If I will go for ILR myself, Can my wife apply for ILR after completing her 2 years ? Her visa was valid from 24 July 2012, entered uk 2nd August 2012 and visa Expires on 6 June 2014. She can complete her 2 years time in 2nd August 2014. Her visa is going to be expired on 6 June 2014, after that on which catogary she will apply

If they consider her for new rules 9 July 2012 - What do you suggest If I will show her sickness document under special circumstances, Will they accept 12 months gap ?
Option 2 - by showing her sickness doc, we both can apply for ILR as I am fully qualified.

I could not find any similer case which would help me alot, I am sure I am not the exceptional, please send some links

Hi

I have the similar case. My wife applied 5th July 2012 and got her visa on 23/7/2012 PBS dependent visa.

Now we are going to apply ILR but not sure whether we can apply ILR under 2 years route or not.

Have your wife got ILR or not?

Your feedback will be helpful. Thanks

[vinny]

I think that it's possible, provided that you did not receive your ILR under Long Residence.