ILR - PBS Dep - FLR(M) Route Update

[snam]

I really appreciate if any one can answer my question about applying visa for my wife. I got my ILR on 04-02-2014 long residency basis and my wife is been my dependent since 24 Feb. 2009. I had post study work visa when she became my dependent and then I got Tier 1 General.
Please advise me about my wife
Can she apply ILR e.g SET (M)
OR
As dependent e.g FORM (M)
If she have to apply for dependent after how long she can apply ILR.

[Amber]

FLR(M) then SET(M) as soon as FLR(M) is granted.

[theprideofpak]

hello all
one question
have anyone applied for FLR(M) at PEO, if yes then how long did it take to get the BRP?
please reply asap. thanks

[Rosh444]

Hello Amber ..first of all i want to say people like you serving on this forum are a great blessing for people like us with a less knowledge. Amber i am going to apply for Ilr as i have switched to Flr(m) catogry from tier 2 dependant as my husband got his Ilr on the basis of 10 years long residence. Now my problem is when i called ukba customer services yesterday they confirmed i can apply for ilr straight away but they also said provide a cover letter along with ur application stating that why you are applying early( in a sense as just after receiving flr(m)]. Can you plz help me with that cover letter they need . What exactly am i suppose to write. I am using premium service though they still need the cover letter .

[Amber]

Just state that you applied for FLR(M) under Part 8 of the immigration rules as you were a PBS dep before July 2012. Furthermore, as per immigration rule 287(a)(i)(d) you are applying for SET(M) amalgamating the time spent as a PBS dep with that under FLR(M) to meet the required 2 year period. B1 English and LIUK required for SET(M).

[Rosh444]

Thanks alot Amber...i am really grateful for your help...and yes i have already passed both test, just waiting for my B1 english certificate ...once again thank you so much

[theprideofpak]

Hello
Can moderators and seniors please explain this regarding english language requirement?

According to my understanding and according to the information available on the website,

"Degrees taught or researched in English
You’ll need to prove your degree was both:

taught or researched in English
confirmed by UK NARIC as the equivalent of a bachelor’s, master’s or PhD degree in the UK
You’ll need to provide your original degree certificate and 1 of the following:

a) a printout from the points-based calculator with the equivalent level of your degree and the level of English
B) an original letter or certificate from UK NARIC confirming the equivalent level of your degree, plus an official letter from your university with your name and degree confirming that your degree was taught in English
c) an original and official certificate from your university confirming the degree was taught or researched in a majority English-speaking country (excepting Canada)"

according to above information, I need degree (MA English Literature & Linguistics) and print out from point based system calculator. I called home office today and they said that I still have to provide UK NARIC equivalence and the above information is not intended for you. My wife entered UK as my dependent and if she is going to apply an extension or ILR based on T1G, only then she is able to attach the print out with the application (according to the home office)

Can anybody explain, what I am suppose to do? I've already applied for UK NARIC anyway, but that will take 15 business days and my wife is pregnant and it won't be easy for her to travel after 2 weeks. Please advice ASAP. Thanks

[vinny]

Note that the new statement of changes in the Immigration rules prevent all PBS dependants from switching to FLR(M) under 284 or 295D (56,58).

What options would Long residence PBS dependants have then?

Note that both 319C(b) and 319E(b) (also 319H(b) and 319J(b) ) fail because the partner was not granted indefinite leave to remain as a Relevant Points Based System Migrant.

If they are eligible for ILR under Long residence, then they may apply for SET(LR). Else, they may apply under the current partner rules and cannot take advantage of 287(a)(i)(d).

EXPLANATORY MEMORANDUM:

7.11. 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.

Effective 6th April 2014.

Note that 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.

Annex FM Section 1.0a > 2.3. Transitional arrangements:

Please note that the transitional provisions do not apply to the partner of a Relevant Points Based System Migrant who applies for leave to remain on the basis of family life as a partner on or after 6 April 2014. The partner of a Relevant PBS Migrant who wishes to apply for leave to remain on or after 6 April 2014, where their partner has been granted indefinite leave to remain under the long residence provisions of the Immigration Rules, must do so under Appendix FM.

Note that the Immigration status requirements must also be met. For example, they may fail FLR(M), if their leave was granted for six months or less, as E-LTRP.2.1 fails.

Petition

[Amber]

I'm locking this thread given the impending changes as highlighted by Vinny, it's sad to say that this is happening. There should be a campaign to allow adding the time spend as a PBS dep to the new Appendix FM, 5 year requirement, it's just adding unnecessary time and cost. Please refrain from opening new threads on this topic. Remember that the dep of a long residence applicant may, themselves become eligible for SET(LR) depending on their length of stay in the UK.

The new changes appear worse than the previous intention as, it encapsulates 'relevant PBS deps' in their entirety, rather than those not on a route to settlement!