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long residence settlement-topic two

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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kutub8090
Newly Registered
Posts: 17
Joined: Sun Jul 15, 2012 3:46 pm

long residence settlement-topic two

Post by kutub8090 » Sun Mar 24, 2013 3:51 pm

Hello everyone, good afternoon.
PLS READ MY SECOND TOPIC.
AS YOU ALREADY KNOW THAT i am an mid august applicant for long residence category.
NOW MY TOPIC ABOUT "DEPENDENT OF 10 YR LONG RESIDENCE CATEGORY ".

AT THE TIME OF MY APPLICATION , MY WIFE MADE AN APPLICATION UNDER FLR(M) AT THE SAME TIME IN THE SAME ENVELOPE, EXPLAINING EVERYTHING DETAILS.

BEFORE I POSTED MY APPLICATION, I MEET MORE THAN 04 IMMIGRATION LAWYER IN PERSON REGARDING MY WIFE APPLICATION AND THERE WAS TWO QUESTION TO THEM, 1. WHETHER MY WIFE HAVE TO MAINTAIN FINANCIAL REQUIREMENTS, 2. WHETHER MY WIFE WILL GET TWO YEAR OR 5 YEAR EXTENSION.
ALL OF THEM TOLD ME THAT, MY WIFE HAVE TO UNDER NEW RULE THAT MEANS SHE HAS TO SHOW FINANCIAL REQUIREMENTS AND SHE WILL GET 5 YEAR EXTENSION IN TOTAL.
(MY WIFE SITUATION IS , LAST EXTENSION T-2 DEPENDENT).
HOWEVER MY WIFE WORKS AND NORMALLY SHE MAINTAIN FINANCIAL REQUIREMENT ANY WAY.

ACTUALLY LAWYERS ADVICE WAS COMPLETELY WRONG. SINCE I HAVE BEN MEMBER OF THIS FORUM AFTER I POSTED MY APPLICATION, I GET LOTS OF INFORMATION, I STUDIED AND FINALLY I GET:

1. PBS dependent does not require to show financial requirements as long their last granted leave to remain was PBS dependent.
2. the issue is whether dependent of 10 yr long residence successful applicant apply FLR (M) and when SET (M).

in my opinion, first dependent of the 10 yr long residence successful applicant, must switch to FLR(M) and if they can amalgamate their 2 year leave (PBS dependent + FLR(M) dependent), they can apply for SET(M), even immediately, and it is until 5th April 2013. pls see below: the following already in place
"the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here".

3. FROM 6TH APRIL 2013, first dependent of the 10 yr long residence successful applicant, must switch to FLR(M) and if they can amalgamate their 2 year leave (PBS dependent + FLR(M) dependent), they can apply for SET(M), even immediately, if and only they are dependent of certain PBS dependent such as T-1 (not PSW) and T-2, not T-4 or T-5, because T-1 (not PSW) and T-2 is called accelerated route to settlement.
pls see below: the following will be in place from 6th April 2013.
Delete paragraph 287(a)(i)(d) and substitute:
“(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant;
and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or”.

AND SEE ALSO THE CLARIFICATION
"To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement."

PLS MIND THAT I THINK I AM 99% RIGHT. FOR THE INFORMATION.

PLS ADVICE ME IF I AM WRONG.

thanks

jbm
Junior Member
Posts: 80
Joined: Fri Mar 23, 2012 7:49 pm

Post by jbm » Mon Apr 29, 2013 11:55 pm

Hi, please can provide Home office references/policy for you point 3 as i am same situation and think to apply for my wife set m.

thanks

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Apr 30, 2013 12:41 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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