meeting finance requirement outside £18k rule

[mhossan1]

can someone please shed some light in the following

i received ilr on 1st march on the basis of set (o) long residence 10 years. my wife joined with me as a student dependant in dec 2006.
brief time line

Dec 2006: came to uk as a Student depndant
oct 2008: leave to reamain dependat post study visa
oct 2010: leave to reamain tier 4 dependat
her present visa will expire on 14 feb 2014

i would like her to apply Set M form based on the following on 22nd march as i have PEO appointment at glasgow

http://www.immigrationboards.com/viewto ... ht=#797410


now for finance i have been only earning £6500 in the last year. i can show around £10k in the bank, and started a new job on 2nd march £25k

does that meet finance requirement before this £18k rules came?

many thanks in advance.

[Obie]

I don't have a clue how your wife will qualify for ILR under set(M).

Firstly, you were not under the work permit regime, people on tier 4, have no pathway to settlement, and their partner have no pathway to this unless they meet the long residence Requirement.

You do not meet the financial requirement as you have not held this 22,500 employment for 6 months, and your savings is not above 16,000.

I am clearly lost. One thing i am sure about though, is that your wife don't qualify for ILR, and cannot therefore apply for ILR using Set(M)

[mhossan1]

Hi
Many thanks for ur input, u may have missed that I already got ilr under long residency.
If u have followed the above linked u could have seen that Punjabis applied set m for her wife and got it.

And I wanted to know, since she arrived here in 2006 and ever since stayed with me as dependent. So should she come under new finance requirement?
Thanks again.
Regards

I don't have a clue how your wife will qualify for ILR under set(M).

Firstly, you were not under the work permit regime, people on tier 4, have no pathway to settlement, and their partner have no pathway to this unless they meet the long residence Requirement.

You do not meet the financial requirement as you have not held this 22,500 employment for 6 months, and your savings is not above 16,000.

I am clearly lost. One thing i am sure about though, is that your wife don't qualify for ILR, and cannot therefore apply for ILR using Set(M)

[Obie]

The circumstance of Punjabs is very different to that of your.

His wife was an holder of Tier 1 general dependant, as opposed to Tier 4 dependant.

She was therefore entitled to ILR, as they have been in the UK in a subsisting relationship for more than 2 year, the wife had been a dependant of Tier 1 general migrant for 5 years. Therefore she was entitled to the leave she sought.

In this case, your wife can only qualify for FLR(M), under the current rules, as a Tier 4 migrant dependant has no entitlement or expectation of being granted settlement, therefore she cannot claim to have lost anything as a result of the new rules.

She may qualify under the exemption 1 provision, depending on the circumstance, or she may have to wait till 2016, and apply for ILR.

[jaberdene]

The circumstance of Punjabs is very different to that of your.

His wife was an holder of Tier 1 general dependant, as opposed to Tier 4 dependant.

She was therefore entitled to ILR, as they have been in the UK in a subsisting relationship for more than 2 year, the wife had been a dependant of Tier 1 general migrant for 5 years. Therefore she was entitled to the leave she sought.

In this case, your wife can only qualify for FLR(M), under the current rules, as a Tier 4 migrant dependant has no entitlement or expectation of being granted settlement, therefore she cannot claim to have lost anything as a result of the new rules.

She may qualify under the exemption 1 provision, depending on the circumstance, or she may have to wait till 2016, and apply for ILR.

As far as I know, she just need adequate maintenance fund rather than new income requirement £18K wheN she apply FLR M.
DEFINITILY not ILR.

[mhossan1]

really appreciate for your kind comments

The circumstance of Punjabs is very different to that of your.

His wife was an holder of Tier 1 general dependant, as opposed to Tier 4 dependant.

She was therefore entitled to ILR, as they have been in the UK in a subsisting relationship for more than 2 year, the wife had been a dependant of Tier 1 general migrant for 5 years. Therefore she was entitled to the leave she sought.

In this case, your wife can only qualify for FLR(M), under the current rules, as a Tier 4 migrant dependant has no entitlement or expectation of being granted settlement, therefore she cannot claim to have lost anything as a result of the new rules.

She may qualify under the exemption 1 provision, depending on the circumstance, or she may have to wait till 2016, and apply for ILR.

As far as I know, she just need adequate maintenance fund rather than new income requirement £18K wheN she apply FLR M.
DEFINITILY not ILR.