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SET(LR) Dependents

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RizKCB
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SET(LR) Dependents

Post by RizKCB » Sat Aug 17, 2013 2:00 pm

One of my friend is in confusion.

He is preparing application on the basis of continuous long residency of 10 years.
He has two child under 5. One of them born in UK.
His wife joined him 1.5 years back.

The questions are:
Which Form will be used to send his dependents details for further leave?
Which status would be given to his three dependents?
Is there any financial obligation to meet before application?
Can anybody provide a link to Guidance or related Forms?

Your help is appreciated.

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Post by geriatrix » Sat Aug 17, 2013 2:08 pm

What is the current immigration status of the principal migrant?
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RizKCB
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Post by RizKCB » Sat Aug 17, 2013 2:25 pm

He is on Tier 1 (General).

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Post by Amber » Sat Aug 17, 2013 2:35 pm

As the spouse was given leave to enter as a PBS dep (I assume) prior to July 2012 it is the old rules (2 years qualifying period). The deps/dep spouse would be applying for flr(m) and asking for a decision to be made after that of the husband. Once granted flr(m) they could apply to settle once the spouse meets the qualifying period. The child born in the UK (if non travelling) could skip this and register as British as soon as the parent was granted ILR.

flr(m) form
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RizKCB
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Post by RizKCB » Sat Aug 17, 2013 2:57 pm

Thankyou very much for your valuable response.

The confusion is that the 1st point of Guidance-FLR(M) at http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf states:

For which applications must you use Form FLR(M)?
Form FLR(M) must be used if you are applying for an extension of
stay and your partner is:
• a British citizen in the UK
• present and settled in the UK
• in the UK with refugee leave or humanitarian protection

And the main applicant is not yet from any of these listed status. (As per our understanding).... Present and Settled in the UK >>> our understanding to this phrase is that it refers for main applicant to be already on ILR. While the main applicant is on Tier1 General.

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Post by Amber » Sat Aug 17, 2013 2:58 pm

D4109125 wrote:As the spouse was given leave to enter as a PBS dep (I assume) prior to July 2012 it is the old rules (2 years qualifying period). The deps/dep spouse would be applying for flr(m) and asking for a decision to be made after that of the husband. Once granted flr(m) they could apply to settle once the spouse meets the qualifying period. The child born in the UK (if non travelling) could skip this and register as British as soon as the parent was granted ILR.

flr(m) form
If the deps visa does not run out until >6 months time they might be able to wait for the husband to be granted ILR and do flr(m) at a PEO however, I assumed that the dep visa will expire <6 months.
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RizKCB
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Post by RizKCB » Sat Aug 17, 2013 3:07 pm

Got your point.
Thanks a lot.

The child who did not born here. Will she get FLR or ILR

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Post by geriatrix » Sat Aug 17, 2013 7:51 pm

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auneku
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Post by auneku » Thu Oct 17, 2013 3:31 pm

[quote="sushdmehta"][url=http://www.immigrationboards.com/viewtopic.php?t=105162]Dependant of ILR (long residence) applicant on PBS leave[/url][/quote]


There is no information on the link you posted Sushdmehta

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Post by Amber » Thu Oct 17, 2013 5:35 pm

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Kaleem Ahmed
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Re: SET(LR) Dependents

Post by Kaleem Ahmed » Thu Feb 12, 2015 11:53 am

Hi All;
On 06/04/2014 the drastic changes have been made in immigration rules for pre 9th July, 2012 PBS dependents, if the main applicant gains indefinite leave to remain based on 10 years of long residence.
According to new rules those dependants cannot combine any time spent as PBS dependent with FLR(M) to qualify for ILR and their qualifying time period of 5 years will start from the day they are granted an FLR(M).
Under the new rules you have to meet the minimum income threshold of £18600 as well or even more if you have non UK born children.
There are lot of people who are being affected adversely with this change in rules.
We are now about to challenge the rule. Please come forward and join hands together for common cause and join us on Facebook page.
https://www.facebook.com/groups/716996288335740
Thanks

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