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do the new rules apply for her?pls help me

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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shoumeshd
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Posts: 32
Joined: Tue Jul 10, 2012 1:08 am

do the new rules apply for her?pls help me

Post by shoumeshd » Fri Dec 14, 2012 12:51 am

in short my visa......
2003 September-came to uk on student visa
2009-April-got tier 1 general visa
2012 May-got tier1 geneal extension.
2013 september qulaifying for ILR on the basis of 10 yrs long residency.

in short my wife's visa.....
2010 december came as tier1 (general) dependent
2012 May extended her visa as tier 1 dependent. visa is valid untill may 2014.
2012 December completed 2 yrs in this country as my dependent .

My question is
1. when i can apply for Her Ilr?
2.do i have to transfer her visa to Flr(m) first?
3.if so do i have to show 18600 thesholld for Flr(m)?
4. Do the 9th july new rules apply for her?

please help me with answer. i m getting differnt views from differnt sources. i am really confused!!!

Damanisshallo
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Posts: 1235
Joined: Fri Jul 27, 2012 4:29 am
Location: 50.89° N, 1.40° W

Re: do the new rules apply for her?pls help me

Post by Damanisshallo » Tue Dec 18, 2012 1:12 pm

shoumeshd wrote: My question is
1. when i can apply for Her Ilr?
2.do i have to transfer her visa to Flr(m) first?
3.if so do i have to show 18600 thesholld for Flr(m)?
4. Do the 9th july new rules apply for her?
Follow this post.

Q3 & 4: Your partner does not falls under new rules so No maintenance.
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shoumeshd
Newbie
Posts: 32
Joined: Tue Jul 10, 2012 1:08 am

Re: do the new rules apply for her?pls help me

Post by shoumeshd » Tue Dec 25, 2012 1:40 am

Hi .thanks for ur reply.but i am applying Ilr on the basis of 10 years long residency.when i will get my pr ,my wife will no longer a dependent of pbs migrant.pls correct me if i am wrong.I think i have to transfer her visa from pbs dependent to Flr(m) .and then transfer her visa settlement as she already spend 2 yrs with me.so As per your suggestion old rules is going to be apply for her?.

quote="Damanisshallo"]
shoumeshd wrote: My question is
1. when i can apply for Her Ilr?
2.do i have to transfer her visa to Flr(m) first?
3.if so do i have to show 18600 thesholld for Flr(m)?
4. Do the 9th july new rules apply for her?
Follow this post.

Q3 & 4: Your partner does not falls under new rules so No maint

Damanisshallo
Respected Guru
Posts: 1235
Joined: Fri Jul 27, 2012 4:29 am
Location: 50.89° N, 1.40° W

Post by Damanisshallo » Tue Dec 25, 2012 2:53 am

Sorry I think I gave you the wrong link. Here is the link for 10yr LR route dependants
it appears that PBS dependants where PBS migrant has received settlement under long residence will continue to need to switch to FLR(M) in order to apply for settlement as and when they become eligible. Such dependants should apply for FLR(M) before they travel outside the CTA or before their current leave expires (whichever occurs first).
Regarding your wife, since she's completed her 2 yrs threshold in December but because you've applied for ILR under long residence, she got to switch to FLR(M) as soon as you get your ILR and she can make a SET(M) soon after switching to FLR(M).

Hope that answers your query.
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shoumeshd
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Posts: 32
Joined: Tue Jul 10, 2012 1:08 am

Post by shoumeshd » Wed Dec 26, 2012 8:47 pm

Hi .thank you again for your reply.only you are helping me to get rid of confusion.so far with the discussion with i can understood that as i m aplying ilr on the basis of 10 yrs, i have to wait untill i receive my pr.once i get the pr i have to tranfer my wife's visa Flr-m.As soon as she receives her Flr-m, i can transfer her visa to Set(m). All these cases she is subject to old rule annd so i don't have worry about any salary theshold.
Am i correct?
pls correct me if i m wrong or misunderstood anything?
i m confused with my wife's case,because differnt tv channel so called expert lawyers are
providing wrong information.!,!!!!!



Damanisshallo wrote:Sorry I think I gave you the wrong link. Here is the link for 10yr LR route dependants
it appears that PBS dependants where PBS migrant has received settlement under long residence will continue to need to switch to FLR(M) in order to apply for settlement as and when they become eligible. Such dependants should apply for FLR(M) before they travel outside the CTA or before their current leave expires (whichever occurs first).
Regarding your wife, since she's completed her 2 yrs threshold in December but because you've applied for ILR under long residence, she got to switch to FLR(M) as soon as you get your ILR and she can make a SET(M) soon after switching to FLR(M).

Hope that answers your query.
so themy As Apls i propro

Damanisshallo
Respected Guru
Posts: 1235
Joined: Fri Jul 27, 2012 4:29 am
Location: 50.89° N, 1.40° W

Post by Damanisshallo » Wed Dec 26, 2012 9:04 pm

Yes, you got it right. Regarding lawyers I cannot comment on them. Coz I know some one who's lawyer charged £200 to request SAR from the Home Office which can be requested for a tenner.

Your Mrs falls under old rules but you still got to show your accommodation and maintenance .
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