Legality of July 2012 rule changes for tier1

[faisaltanoli]

Yes, I think Zzee is not been granted with FLR (M)

[kashiqbal]

I think someone is misguiding all of us.. in the UKBA will follow their rules and it will be so stupid if we go there and tell them that someone else already got FLR-M under old rules. in that case, all of us will ruin our cases and we will end up having nightmare in the Court room.. Lets spend our time and energy finding appropriate RULES

[kashiqbal]

Section D-LTRP Page 14: Decision on application for limited leave to remain as a partner SAYS D-LTRP.1.1. If the applicant meets the requirements in paragraph R-LTRP.1.1.(a) to (c) for limited leave to remain as a partner the applicant will be granted limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months.......... where does it say that previous time spent as PBS dependant WILL NOT count towards settlement...

ON THE OTHER SIDE. statement of changes in immigration rules POINT 7.11 SAY, Corrections are being made to enforce the intention that only dependants of individuals who qualified for settlement under the Points-Based System can apply for settlement as dependants of Points-Based System Migrants. Previously the Immigration Rules allowed dependents of those who qualified for settlement on the basis of long residence to also apply. The change will mean such dependants will need to apply for leave to remain under the rules for family members in Appendix FM before they can qualify for settlement.

Now, if we follow above paragraph, Appendix FM rules doesn't state anything whether previous time spend will be counted towards settlement or not

Pleas clarify.. Thank You

[faisaltanoli]

I think someone is misguiding all of us.. in the UKBA will follow their rules and it will be so stupid if we go there and tell them that someone else already got FLR-M under old rules. in that case, all of us will ruin our cases and we will end up having nightmare in the Court room.. Lets spend our time and energy finding appropriate RULES

As I said previously that rules are pretty much clear about it. I have consulted with solicitors and there answer was same no..."you have to wait five years", contrary to that HO continuously making mistakes as it does and this website is filled with miracles of HO.
I suggested earlier on that we need to take barrister opinion about it. For my friends who says that there are no such thing as visa has been issued to different people. Probably, I will go tomorrow and get the visa but still I will says my luck and miracles of HO.
Thanks
Regards
M Faisal

[kashiqbal]

I also have consulted more than 20 solicitors. 10 of them said You dont even need to fill up financial requirement and 10 of them said you have to... What i have seen and heard from other people experience that Solicitors learn from their mistake and sadly there's no one to complain about them because we r all busy in our own cases... But Please clarify.. where does it say previous time spent as PBS dependant will not be counted towards settlement... (i dont believe what solicitor say becoz they are there to make money they dont care what happens to our application).. we need a solid proof in the form of Paragraph Rule No. so that we can make our application according to that and tell them look this is the paragraph and we r claiming ILR on the basis of that.. hope that make sense guys...

thank you

[faisaltanoli]

I also have consulted more than 20 solicitors. 10 of them said You dont even need to fill up financial requirement and 10 of them said you have to... What i have seen and heard from other people experience that Solicitors learn from their mistake and sadly there's no one to complain about them because we r all busy in our own cases... But Please clarify.. where does it say previous time spent as PBS dependant will not be counted towards settlement... (i dont believe what solicitor say becoz they are there to make money they dont care what happens to our application).. we need a solid proof in the form of Paragraph Rule No. so that we can make our application according to that and tell them look this is the paragraph and we r claiming ILR on the basis of that.. hope that make sense guys...

thank you

What is your say about that rules...whether we are allowed or not..If I am here on Tier 1 general and got settlement under the 10 Yrs rule...my dependent who are in the UK Pre July 2012, whether they will be eligible for FLR ( M) and then ILR.??

[kashiqbal]

I am also confused like you my friend.. I will get 2.5 years visa for my wife and then i will file and application after 30 months that my wife has also spent 2.5 years on PBS dependant.

[Amber]

You cannot combine time as a PBS dep with Appendix FM leave.

You can combine time as a PBS dep with leave under part 8 of the rules by virtue of immigration rule 287(a)(i)(d).

[imraheel]

You cannot combine time as a PBS dep with Appendix FM leave.

You can combine time as a PBS dep with leave under part 8 of the rules by virtue of immigration rule 287(a)(i)(d).

Dear Amber,

Can you please advise us that is there any way that we can challenge this ruthless rule?
This foolish rule is treating my partner like a first entry to uk while she is living in uk for the last 4 years as my dependent.

Regards,

[john108]

Dear Amber,

Can you please advise us that is there any way that we can challenge this ruthless rule?
This foolish rule is treating my partner like a first entry to uk while she is living in uk for the last 4 years as my dependent.

Yes, Amber_ as we see here in this forum, you have been helping hundreds of people on their immigration issues. If you can let us know how to proceed this, that would be much appreciated.

Thank you

[Amber]

I am not sure whether the person whose spouse was granted leave under part 8 (old rules) was given such leave as a mistake as they claim the caseworker was very experienced. However, as a general rule there are many officials in positions when they are less than exact with their abilities.

However, a judicial review may allow you to question whether the rule is ultra vires perhaps wednesbury unreasonable. The issue is that certain PBS deps were not on a 'route to settlement' and thus did they have a reasonable expectation to be granted leave as a partner under part 8? I certainly think it is unfair I also believe that leave granted under Appendix FM should be amalgamated with PBS dep leave. However, I do not make the rules.

[kashiqbal]

A slightly different question: Do i need to send 'Tenancy Agreement'. Please clarify whether it is 'COMPULSORY' requirement or just there to support application. FLR(M) Section 7C (Accomodation) only require us to fill up information related to accomodation & Section 12 (Documents) doesn't have any tick box regarding accomodation or tenancy agreement.

FLRM Guidance Page 6 only states that:: 'In addition you must have adequate accomodation for you and your partner and any dependents that live with you. The property must be occupied only by you, your partner and dependents.Further information about accomodation requirements is on our website: http://www.gov.uk/government/organisati ... mmigration'

I have around 5 proof of addresses but i am avoiding to send Tenancy Agreement because my agreement is running out soon and if i ask for renewal, landlord will increase rent for sure and it will difficult for us because I am still NOT claiming any sort of benefits ...

Please advice whether it is COMPULSORY or 5 letters from different sources will be enough for flr M application,

Kind Regards

[john108]

Wondering, is there any new case 'pre july 2012 dependents' offered FLR(M) under old rule?

[faisaltanoli]

Any more cases of FLR(M) pre July 2012 and applied after 06/04/2014??????

[Tier 4]

https://www.eventbrite.co.uk/e/adult-de ... 1881362475

[faisaltanoli]

https://www.eventbrite.co.uk/e/adult-de ... 1881362475

Does it will be any useful. It seems to give us statistic.
Thanks
Regards
Faisal

[Tier 4]

This is joke. Im angry at Home office. One of my friend did fill section 7B and his income was over 18,600 and her wife also spent 31 months on pbs dependant visa issued in april 2012.. And his wife visa was refused becos he was suppose to fill 7A

What happened then did they appeal?

[faisaltanoli]

If you guys see one case is refused for SET(M), even the FLR(M) has issued for two years. I still convinced that it is just luck if someone will get the visa.
I think we need to continue our struggle for Judicial Review.

Thanks

Regards

M Faisal

[faisaltanoli]

Hello Guys,

Just call to HO regarding FLR(M). I explained them the situation that my wife is in UK since 2009, whether her previous leave can be amalgamate if she apply now. The lady from HO straight away rejected it. I then insisted that there in nothing in Guidance notes. She put me on hold and went to take advise then comeback with same answer. She was very clear about rule and said your wife have to spend 5 years.
I am convinced now that its someone luck that he/she will get visa, otherwise there are rule which actually are quite clear about FLR(M), whether we like it or not.
Now its gamble of £1000 on FLR(M) and £1500 on ILR... who want to play

Regards

M Faisal

[die_hard]

That's really sad. I agree that the rule is there and they would act according to the rules. It's really unfortunate that only LR dependants are facing with this problem. I am sure if a JR is carried out they would change the rule for pre July 2012 LR dependants.

Hello Guys,

Just call to HO regarding FLR(M). I explained them the situation that my wife is in UK since 2009, whether her previous leave can be amalgamate if she apply now. The lady from HO straight away rejected it. I then insisted that there in nothing in Guidance notes. She put me on hold and went to take advise then comeback with same answer. She was very clear about rule and said your wife have to spend 5 years.
I am convinced now that its someone luck that he/she will get visa, otherwise there are rule which actually are quite clear about FLR(M), whether we like it or not.
Now its gamble of £1000 on FLR(M) and £1500 on ILR... who want to play

Regards

M Faisal

[rajamahbub]

My wife was given 2 years FLR (M) on 04/06/2014 in PEO. I have read the rules and it's quite clear that my spouse didn't fall in pre 09July2012 applicant, as I have switched from T1 to LR settlement. But I still took my chance to go to Home Office and filled 7(B) not 7(A). And I was ready to fill 7(A) if I was asked to do so. But luckily case worker didn't ask me any question and my wife's FLR (M) was granted for 2 years. So I was convinced that it was given under 284. And caseworker probably misinterpret the rules!

Now, can my wife apply for Set (M) as it looks she can combine her PBS leave to complete two years qualifying period? And she has been here since May 2008.

Probably Amber can suggest me....

[Amber]

Yes.

[rajamahbub]

Yes.

Thanks

[faisaltanoli]

My wife was given 2 years FLR (M) on 04/06/2014 in PEO. I have read the rules and it's quite clear that my spouse didn't fall in pre 09July2012 applicant, as I have switched from T1 to LR settlement. But I still took my chance to go to Home Office and filled 7(B) not 7(A). And I was ready to fill 7(A) if I was asked to do so. But luckily case worker didn't ask me any question and my wife's FLR (M) was granted for 2 years. So I was convinced that it was given under 284. And caseworker probably misinterpret the rules!

Now, can my wife apply for Set (M) as it looks she can combine her PBS leave to complete two years qualifying period? And she has been here since May 2008.

Probably Amber can suggest me....

Which PEO you went to get your FLR(M)??

[rajamahbub]

My wife was given 2 years FLR (M) on 04/06/2014 in PEO. I have read the rules and it's quite clear that my spouse didn't fall in pre 09July2012 applicant, as I have switched from T1 to LR settlement. But I still took my chance to go to Home Office and filled 7(B) not 7(A). And I was ready to fill 7(A) if I was asked to do so. But luckily case worker didn't ask me any question and my wife's FLR (M) was granted for 2 years. So I was convinced that it was given under 284. And caseworker probably misinterpret the rules!

Now, can my wife apply for Set (M) as it looks she can combine her PBS leave to complete two years qualifying period? And she has been here since May 2008.

Probably Amber can suggest me....

Which PEO you went to get your FLR(M)??

Croydon...