FLR(M) Rules for PBS dependant vias before 9 july 2012

[sujon76]

FLR(M) Rules for PBS dependant vias before 9 july 2012

My wife and daughter got PBS dependent visa in 15 June 2012, but they came UK in September 2012. i got my ILR March 2013. i applied FLR(M)for them 4 April 2014. some people told me though they got dependent visa before 9 July 2012 and apply their FLR (M) before 6 April 2014, they r in old rules (means no require for 18,600 income)

though i don't have enough income to show 18,600 home office refuse their application, but they gave Discretionary leave to my wife(30 months )and daughter(3years).

if any one know please inform me, is home office decision ok for my wife and daughter? if not

what should i do?

many thanks.

[vinny]

I think that the decision was wrong.

However, if an application for entry clearance, leave to remain or indefinite leave to remain has been made before 9 July 2012 and the application has not been decided, it will be decided in accordance with the rules in force on 8 July 2012.

Implementation
...
(c) With regard to the other changes, if an applicant has made an application for entry clearance or leave before 6 April 2014, the application will be decided in accordance with the Rules in force on 5 April 2014.

Ask for a reconsideration. Moreover, they may apply for SET(M) immediately after the FLR(M) is granted.

[Obie]

I agree totally with Vinny.

That is the best step to take.

Ask for reconsideration immediately, and if they refuse, send a Pre action protocol, and file in a Judicial review.

Don't waste much time with them.