ILR or Flr(M)

[faz28]

Very interesting information on the UKBA website which can be found here (bottom of the page).

http://www.ukba.homeoffice.gov.uk/sitec ... -migration


"If you already have leave on the basis of being the spouse or partner of a settled person, you need to meet the current rules when you apply for settlement on this basis, not the new rules outlined above"

sorry but how is this relevent for us. It is for people already in spouse visa.

[JAGOO]

Very interesting information on the UKBA website which can be found here (bottom of the page).

http://www.ukba.homeoffice.gov.uk/sitec ... -migration


"If you already have leave on the basis of being the spouse or partner of a settled person, you need to meet the current rules when you apply for settlement on this basis, not the new rules outlined above"

sorry but how is this relevent for us. It is for people already in spouse visa.

1. M surprised you did not get the point.

[faz28]

Sorry can u explain the point.

And did u read this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

What does this mean ?
Clarification: Settlement for partners of Points Based System migrants
Where a Points Based System migrant qualifies for settlement on an accelerated basis, it is the policy intention that the partner of that Points Based System migrant can settle in the UK without switching into and complying with the requirements of the family route under Appendix FM for settlement. We will correct the paragraph 319E(d) of the Immigration Rules at the next available opportunity.
End.

[JAGOO]

Sorry can u explain the point.

And did u read this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

What does this mean ?
Clarification: Settlement for partners of Points Based System migrants
Where a Points Based System migrant qualifies for settlement on an accelerated basis, it is the policy intention that the partner of that Points Based System migrant can settle in the UK without switching into and complying with the requirements of the family route under Appendix FM for settlement. We will correct the paragraph 319E(d) of the Immigration Rules at the next available opportunity.
End.

1. First we were spouse of a PBS migrant but that route (Tier 4 student) did not qualify for settlement on its own right as Tier 1/Tier 2 routes.
2. Second our spouses acquired ILR on the basis of long residence in the UK and not under PBS route.
3. Tier 4 was not a accelerated route for settlement.
4. This paragrph is referring to (My opinion) Tier 1 & 2 as those routes did qualify for settlement.

[faz28]

Sorry can u explain the point.

And did u read this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

What does this mean ?
Clarification: Settlement for partners of Points Based System migrants
Where a Points Based System migrant qualifies for settlement on an accelerated basis, it is the policy intention that the partner of that Points Based System migrant can settle in the UK without switching into and complying with the requirements of the family route under Appendix FM for settlement. We will correct the paragraph 319E(d) of the Immigration Rules at the next available opportunity.
End.

1. First we were spouse of a PBS migrant but that route (Tier 4 student) did not qualify for settlement on its own right as Tier 1/Tier 2 routes.
2. Second our spouses acquired ILR on the basis of long residence in the UK and not under PBS route.
3. Tier 4 was not a accelerated route for settlement.
4. This paragrph is referring to (My opinion) Tier 1 & 2 as those routes did qualify for settlement.

After reading this document I think Jagoo that ur point is correct we need to apply for spouse visa but I don't think new probation period or new financial requirement will apply to us. We will be under old rules.

Read this from the document

3.1 Partner of a settled person

Where an application is made for leave to enter or remain on or after 9 July 2012 and the applicant has not previously had leave to enter or remain as a family member under Part 8 of the Rules, the requirements of Appendix FM must be met in order for leave to be granted.

So are covered by family member under part 8 rules.

[faz28]

Please Can I get the email address for UKBA to get some advice?

[JAGOO]

Sorry can u explain the point.

And did u read this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

What does this mean ?
Clarification: Settlement for partners of Points Based System migrants
Where a Points Based System migrant qualifies for settlement on an accelerated basis, it is the policy intention that the partner of that Points Based System migrant can settle in the UK without switching into and complying with the requirements of the family route under Appendix FM for settlement. We will correct the paragraph 319E(d) of the Immigration Rules at the next available opportunity.
End.

1. First we were spouse of a PBS migrant but that route (Tier 4 student) did not qualify for settlement on its own right as Tier 1/Tier 2 routes.
2. Second our spouses acquired ILR on the basis of long residence in the UK and not under PBS route.
3. Tier 4 was not a accelerated route for settlement.
4. This paragrph is referring to (My opinion) Tier 1 & 2 as those routes did qualify for settlement.

After reading this document I think Jagoo that ur point is correct we need to apply for spouse visa but I don't think new probation period or new financial requirement will apply to us. We will be under old rules.

Read this from the document

3.1 Partner of a settled person

Where an application is made for leave to enter or remain on or after 9 July 2012 and the applicant has not previously had leave to enter or remain as a family member under Part 8 of the Rules, the requirements of Appendix FM must be met in order for leave to be granted.

So are covered by family member under part 8 rules.

1. We need to meet the requirements of FLR(M) form which includes English Language.
2. After switching we shud be able to apply for ILR as we wud have completed 2 years.
3. I have contacted my MP with the details related to my case and i am waiting for a reply and will post it here.
4. After reading the new FLR(M) form, it seems like we need to meet the new requirements £18600.

[JAGOO]

1. FAZ28, please read the following post which further strengthen that we wud need to switch to FLR(M) and not ILR.
2. I think that we might also have to spend 5 years before we can apply for ILR.
3. I do no think so that we wud be able to apply for ILR after 2 years and after reading the new FLR(M) form we wud need to complete 5 years.

http://www.immigrationboards.com/viewtopic.php?t=87813

[faz28]

1. FAZ28, please read the following post which further strengthen that we wud need to switch to FLR(M) and not ILR.
2. I think that we might also have to spend 5 years before we can apply for ILR.
3. I do no think so that we wud be able to apply for ILR after 2 years and after reading the new FLR(M) form we wud need to complete 5 years.

http://www.immigrationboards.com/viewtopic.php?t=87813

1. Yes I think we need to apply flr(m) but if u see the dates in the post he applied ilr before these new rules came so his wife's ilr was refused at that time. So don't know what would have happened under new rules.

2. Again I don't think the new rules will apply to us. Aren't we covered by part 8 family rules I showed above. We are not just PBS migrant switching to spouse. We are PBS dependent (category under part switching to spouse visa.

[JAGOO]

1. FAZ28, please read the following post which further strengthen that we wud need to switch to FLR(M) and not ILR.
2. I think that we might also have to spend 5 years before we can apply for ILR.
3. I do no think so that we wud be able to apply for ILR after 2 years and after reading the new FLR(M) form we wud need to complete 5 years.

http://www.immigrationboards.com/viewtopic.php?t=87813

1. Yes I think we need to apply flr(m) but if u see the dates in the post he applied ilr before these new rules came so his wife's ilr was refused at that time. So don't know what would have happened under new rules.

2. Again I don't think the new rules will apply to us. Aren't we covered by part 8 family rules I showed above. We are not just PBS migrant switching to spouse. We are PBS dependent (category under part switching to spouse visa.

1. I know but the point was that the reason for rejection is that the dependent did not spend two years as a partner of a settled person.

[faz28]

1. FAZ28, please read the following post which further strengthen that we wud need to switch to FLR(M) and not ILR.
2. I think that we might also have to spend 5 years before we can apply for ILR.
3. I do no think so that we wud be able to apply for ILR after 2 years and after reading the new FLR(M) form we wud need to complete 5 years.

http://www.immigrationboards.com/viewtopic.php?t=87813

1. Yes I think we need to apply flr(m) but if u see the dates in the post he applied ilr before these new rules came so his wife's ilr was refused at that time. So don't know what would have happened under new rules.

2. Again I don't think the new rules will apply to us. Aren't we covered by part 8 family rules I showed above. We are not just PBS migrant switching to spouse. We are PBS dependent (category under part switching to spouse visa.

1. I know but the point was that the reason for rejection is that the dependent did not spend two years as a partner of a settled person.

Yes ur right if ilr was obtained under long residence their dependents need to switch to spouse visa. Check ur pm.

[JAGOO]

1. FAZ28, please read the following post which further strengthen that we wud need to switch to FLR(M) and not ILR.
2. I think that we might also have to spend 5 years before we can apply for ILR.
3. I do no think so that we wud be able to apply for ILR after 2 years and after reading the new FLR(M) form we wud need to complete 5 years.

http://www.immigrationboards.com/viewtopic.php?t=87813

1. Yes I think we need to apply flr(m) but if u see the dates in the post he applied ilr before these new rules came so his wife's ilr was refused at that time. So don't know what would have happened under new rules.

2. Again I don't think the new rules will apply to us. Aren't we covered by part 8 family rules I showed above. We are not just PBS migrant switching to spouse. We are PBS dependent (category under part switching to spouse visa.

1. I know but the point was that the reason for rejection is that the dependent did not spend two years as a partner of a settled person.

Yes ur right if ilr was obtained under long residence their dependents need to switch to spouse visa. Check ur pm.

1. Thnx for the info and that makes abst. sense now that we wud need to switch to FLRM(M).
2. Now the issue is that as it was stated that the leave can be amalgamated (after switching to FLR(M)) so 2 years can be counted with leave as a PBS (our case only) plus the FLR(M) leave which makes sense.
3. But that wud be the case if we had switched before 9th July 2012 and now the question is that wud that still be the case if we switch after 9th July 2012 on FLR(M).
4. My opinion is that as we did not switch before 9th July 2012 as a dependent of a settled person so we can not amalgamte the previous leavea nd wud come under new rules.
5. Remember, to be under the old rules and according to the UKBA website, "if the leave was granted (before 9th july 2012) as a spouse of a settled person then you need to meet the rules before 9th July".
6. In our case that did not happen.

I wait for your reply according to these points....

[faz28]

But did u see the reply date it's on 10th of July. There was no mention regarding 5 years or anything. Just only 2 years.

[JAGOO]

But did u see the reply date it's on 10th of July. There was no mention regarding 5 years or anything. Just only 2 years.

1. Yes i did notice the date but at the end of the letter the person is asking clarification on the issue if that wud be the case after the new rules.
2. lets wait and see what wud be the response for his query as that will answer all our questions and we will know exactly where we stand and wat we need to do.
3. I think mods. need to make this post sticky so others in a similiar situation do not need to go through the same issues wat we have been through.

[faz28]

Yes sticky post need to change. Yes will see their response & what if we ask our query regarding tier 4 dependents there.

[JAGOO]

Yes sticky post need to change. Yes will see their response & what if we ask our query regarding tier 4 dependents there.

1. I have written a detailed letter to my MP and i have also requested to provide the info. as a matter of urgency and he has promised me that he will try his best to get me an answer asap.
2. Yes, we can make our requests as well but i think we need to register first.

[faz28]

Jagoo see this post http://www.immigrationboards.com/viewtopic.php?t=107897.

He has applied after 9th of July, his wife's visa was considered under old rules. So I think we will also come under old rules.

[Dino99]

Jagoo see this post http://www.immigrationboards.com/viewtopic.php?t=107897.

He has applied after 9th of July, his wife's visa was considered under old rules. So I think we will also come under old rules.

Hei faz28,

We have appointment for my wife on 23 July for FLR(M). (booked before 9 July). She is currently holding T2 Dep visa. I got ILR 10 years. She got visa till Feb 12 and will reach the 2 years req around mid Dec 12.

Now I am not sure whether should I go to the appointment or not. As there are huge confusion regarding the FLR(M) or direct ILR for PBS Dep.

However, I am on the 70% mark to go for the appointment. If I do so, I will definitely ask the case worker that whether we need to extend as FLR(M) or not.

Before 23rd if you got any clarification please do post. We could save around £900 by not doing the FLR(M)

Regards,
Dino.

[JAGOO]

Jagoo see this post http://www.immigrationboards.com/viewtopic.php?t=107897.

He has applied after 9th of July, his wife's visa was considered under old rules. So I think we will also come under old rules.

1. Faz28, that case is different as the main applicant was on Tier 1 which leads to settlement so the dependent also on a route to settlement.

[JAGOO]

Faz28, Have a look at this post.

http://www.immigrationboards.com/viewtopic.php?t=108541

[Damanisshallo]

Breaking News

[bhargav.ganti]

Hi Jagoo and Faz..

My case is similar to that of yours.. So finally did u guys had to apply for FLR(M) or directly SET(M) ??

Please let me know your status so i can plan my application.

Thanks in advance

[Damanisshallo]

@bhargav.ganti

Following this thread might help you find a suitable answer.

[bhargav.ganti]

Thanks Damanisshallo