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ILR applications for PBS deps - spouse long residence

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

april2014
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Re: ILR applications for PBS deps - spouse long residence

Post by april2014 » Wed Mar 19, 2014 9:31 am

Amber_ wrote:Apply for FLR(M) before the rules change.
Hi Amber,

Can you provide a sample covering letter for flr (m) to put it on hold, while main applicant's set(lr) is not decided.

Thanks

RANA-ALI
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Re: ILR applications for PBS deps - spouse long residence

Post by RANA-ALI » Wed Mar 19, 2014 10:32 am

april2014 wrote:
Amber_ wrote:Apply for FLR(M) before the rules change.
Hi Amber,

Can you provide a sample covering letter for flr (m) to put it on hold, while main applicant's set(lr) is not decided.

Thanks
Plz click on lick below
https://word-view.officeapps.live.com/w ... bileHost=2

april2014
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Re: ILR applications for PBS deps - spouse long residence

Post by april2014 » Wed Mar 19, 2014 10:50 am

Amber_ wrote:If you're granted leave under part 8 of the immigration rules your waiting period would be max. 2 years.
Hi Amber,

If we apply flr (m) before 6th april, even when the decision has not arrived on main set (lr) application before 6th april,
would the leave granted on flr(m) be under part 8 and qualifying period will be 2 years
or
because the flr(m) submitted while set(lr) has not been decided even before 6th april, flr(m) will not be granted under part 8. and the qualifying period will be 5 years?

please help, your quick few words can clarify lot of confusions and could prevent us from making serious mistake.

Thanks

vinny
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Re: ILR applications for PBS deps - spouse long residence

Post by vinny » Wed Mar 19, 2014 12:34 pm

See also Implementation > ( c ).
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.

april2014
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Re: ILR applications for PBS deps - spouse long residence

Post by april2014 » Wed Mar 19, 2014 12:42 pm

vinny wrote:See also Implementation > ( c ).
Thank you very much for your reply vinny,
==============================================================================================================
(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.
==============================================================================================================

Sorry if I seems like daft,

Just confirming, this will apply to those applications as well, which will be made before 6th april however been requested to put on hold till the main Set(lr) will be decided, even decision on Set(lr) will be made after 6th april.

GOd Helps
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Re: ILR applications for PBS deps - spouse long residence

Post by GOd Helps » Wed Mar 19, 2014 9:49 pm

hi Amber or Vinny
can some one kindly explain this
A person who meets the following criteria, in one of the categories specified below, will remain subject to the Immigration Rules in force as at 8 July 2012 until settlement (the grant of indefinite leave to remain) even where the application is granted on or after 9 July 2012:
(i) to a person who made an application before 9 July 2012 under Part 8 of the Immigration Rules which was not decided by 9 July 2012; and
(ii) to applications made by a person who is in the UK and had been granted entry clearance or limited leave to remain under Part 8 following an application for initial entry clearance or leave to remain under Part 8 submitted before 9 July 2012 and this leave is extant where this is a
(page 4 of https://www.gov.uk/government/uploads/s ... -guide.pdf
this is for transitional arrangents .
does this mean this no longer implies after april 6

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Thu Mar 20, 2014 7:58 am

That's just guidance and is subject to change with new rules.
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GOd Helps
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Re: ILR applications for PBS deps - spouse long residence

Post by GOd Helps » Thu Mar 20, 2014 8:14 am

he applicant has limited leave to enter or remain in the United Kingdom in
accordance with the Immigration Rules, other than limited leave to enter for 6
months or less (unless the leave in question is limited leave to enter as a
fiancé(e), or unless that leave was granted to the applicant as the spouse or
unmarried partner of a Relevant Points Based System Migrant (excluding a
Tier 5(Temporary Worker) other than a private servant in a diplomatic
household who applied to enter the UK before 6 April 2012 or a Tier 4
(General) Student, and that partner is the same person in relation to whom
the applicant is applying

what dos this mean that even now tier 4 dependant cannot apply? i am so confused

i am tier 4 dependent currently so i can still switch to FLRm before 6th april nd be 2 years.

thank you for your help

GOd Helps
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Re: ILR applications for PBS deps - spouse long residence

Post by GOd Helps » Thu Mar 20, 2014 2:09 pm

GOd Helps wrote:he applicant has limited leave to enter or remain in the United Kingdom in
accordance with the Immigration Rules, other than limited leave to enter for 6
months or less (unless the leave in question is limited leave to enter as a
fiancé(e), or unless that leave was granted to the applicant as the spouse or
unmarried partner of a Relevant Points Based System Migrant (excluding a
Tier 5(Temporary Worker) other than a private servant in a diplomatic
household who applied to enter the UK before 6 April 2012 or a Tier 4
(General) Student, and that partner is the same person in relation to whom
the applicant is applying

what dos this mean that even now tier 4 dependant cannot apply? i am so confused

i am tier 4 dependent currently so i can still switch to FLRm before 6th april nd be 2 years.

thank you for your help
this is form TRANSITIONAL provision spouse PLEASE REPLY I AM TOTALLY CONFUSED

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Thu Mar 20, 2014 6:39 pm

If you switch before 6 April you'll be under the old rules.
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GOd Helps
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Re: ILR applications for PBS deps - spouse long residence

Post by GOd Helps » Thu Mar 20, 2014 6:46 pm

Amber_ wrote:If you switch before 6 April you'll be under the old rules.
hi amber what does this line mena in 284 B (or a tier 4 dependant.....) under current rules this line is realy confusiong me .what is its intrepretation under 284 currently
PLEASE THANK YOU FOR SHARING YOUR WEALTH OF KNOWLEDGE.

GOd Helps
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Re: ILR applications for PBS deps - spouse long residence

Post by GOd Helps » Thu Mar 20, 2014 6:48 pm

AND DOES THE OLD RULES MEANS I CAN SWITH AND AMALGAMTE
SO CONFUSED.

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Thu Mar 20, 2014 6:53 pm

It means you only need to have flr(m) for two years, you can amalgamate the period as a PBS dep so long as 287(a)(I)(d) allows you to.
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GOd Helps
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Re: ILR applications for PBS deps - spouse long residence

Post by GOd Helps » Thu Mar 20, 2014 7:00 pm

Amber_ wrote:If you switch before 6 April you'll be under the old rules.
thank you so much
he applicant has limited leave to enter or remain in the United Kingdom in
accordance with the Immigration Rules, other than limited leave to enter for 6
months or less (unless the leave in question is limited leave to enter as a
fiancé(e), or unless that leave was granted to the applicant as the spouse or
unmarried partner of a Relevant Points Based System Migrant (excluding a
Tier 5(Temporary Worker) other than a private servant in a diplomatic
household who applied to enter the UK before 6 April 2012 or a Tier 4
(General) Student, and that partner is the same person in relation
to whom
the applicant is applying
what does this mean for tier 4 (or a tier4 .. this is the part that is confusiong me is it not allwing tier 4 dependant

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Re: ILR applications for PBS deps - spouse long residence

Post by tuliprose » Thu Mar 20, 2014 9:28 pm

Hi,

I am reading these new changes coming into effect on 6th April 2014.

I am eligible to apply for SET(LR) now and still have T1 visa valid till 2016.
My wife and UK born baby got T1 Dependent visa valid till 2016.

My wife came to UK in Dec 2007 as student dependent and since living here as dependent.

I was planning to apply for my SET(LR) and apply for FLR(M) for my wife once I get my ILR and register my baby as British using MN1.

1. Is my above mentioned plan still good enough to get ILR for my wife (using FLR(M) and then SET(M) route) ?

2. Or I should apply for her FLR(M) with my SER(LR) application ?

3. Also, do I still have option to register my baby as British once I get my ILR ?

I'll be really thankful if you can advise on above.

Many Thanks.
Note: I do not work as an Immigration Consultant, but my advice comes from experiences and my opinions are my own.

vinny
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Re: ILR applications for PBS deps - spouse long residence

Post by vinny » Fri Mar 21, 2014 12:33 am

2., before 6th April 2014.
3. Baby can wait.
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.

GOd Helps
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Re: ILR applications for PBS deps - spouse long residence

Post by GOd Helps » Fri Mar 21, 2014 1:38 am

Hi vinny or amber,
Thank you so much for sharing your knowledge and helping. I am now applying for flrm before 6 th April
First of all maintenance
Q1 . We are a family of four my children are born in the uk so aim not applying for them
Do I have two keep their provision when calculating maintenance
Q2 my income is 1300 after tax and I am paying 750 as rent so I am definitely not clearing the maintanence,
But I have a savings of 12000 from past three months i am on tier 4 dependant , can I include my savings to meet the maintenance requirement
Q3 if I cannot what shall I do , can I I include rental income from abroad.


Pyle quick reply will be appreciated as I have very little time left I am freaking out really

tuliprose
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Re: ILR applications for PBS deps - spouse long residence

Post by tuliprose » Fri Mar 21, 2014 9:36 am

vinny wrote:2., before 6th April 2014.
3. Baby can wait.

Thanks Vinny.

My wife has done ESOL Entry Level 1, Entry Level 2 and Entry Level 3 (Listening and Speaking, Awarded by City & Guilds), does she meet English Language Requirement ?

I'll appreaciate your response.

Many Thanks
Note: I do not work as an Immigration Consultant, but my advice comes from experiences and my opinions are my own.

theprideofpak
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Re: ILR applications for PBS deps - spouse long residence

Post by theprideofpak » Fri Mar 21, 2014 3:35 pm

Hello Amber or Viny
Can any of you guys please explain the new changes in the rules effecting dependants of ILR arrived before July 12 and after July 12?
This will clear the confusion for many people that what's going on. Also if one apply by post before 6th April, does he/she come into the rules in place on 5th April 14?
Thanks

GOd Helps
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Re: ILR applications for PBS deps - spouse long residence

Post by GOd Helps » Tue Mar 25, 2014 7:44 am

hi,
hi please help

i want to use my cash savings
COuld you kindly answer my questions
Q1 in section 7 where do i mention this as there s no direct box for savings?
Q2 in calculating adequate maintenance should i take the (A)closing balance( B) average bank statement for past three months (C) or minimum of last three months .As they are all different for me



For english requirent i have my original degree from pakistan , uk naric equilancy and a print out from points calculator awarding 10 points. is that enough or do i need a letter form university as well

Simroz
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Re: ILR applications for PBS deps - spouse long residence

Post by Simroz » Tue Apr 29, 2014 10:44 am

Hi Amber
I need your help.
My husband has applied for ILR on 10 years basis on 28th March, 2014 and waiting for the decision.
I am on Tier 2 visa for last 3 years.we have been married since 2007 and I was his depedent from July 2008 to Feb 2011.we aslo have a child who born here.
My question is can I apply for FLR(m) and then SET(m) under the old rule once he gets ILR?
Please your help will be really apprecaited.

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Tue Apr 29, 2014 11:33 am

No, you will be subject to the 5 year route to settlement, requiring A1 English and a Financial requirement.
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Re: ILR applications for PBS deps - spouse long residence

Post by Simroz » Wed Apr 30, 2014 9:14 am

Hi Amber, thanks for your quick reply.
one more question please, can I apply Flr(m) here in UK or do I have to go back to Pakistan (my country ) for switching to dependent category from tier 2 visa.

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Wed Apr 30, 2014 12:45 pm

In the UK.
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Re: ILR applications for PBS deps - spouse long residence

Post by SUNSHINE19 » Fri May 09, 2014 6:52 pm

Hello Everyone ,

Gurus, need your help, please!!!


I am on Tier 1(PBS) visa which expires on 1 Jan 2015 and is due for IRL thereafter. But the thing is that I am not employed( as I am looking after a little one) so my extension through this route is not quite possible. My husband have got ILR ( Long Residency ). I have been in the UK since 2006 but I was never my husband's dependent & married to him since 2006. Can anyone help me with the possible options available for me to extend my visa ? I am thinking of applying for FLR but very confused , under what category should I apply for ILR?

Many Thanks !

sunshine
SUNSHINE19

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