I had tier 1 general before I got ILR on long residency basis.
Can someone please guide me to right directions what I suppose to do, They have not given us right of appeal as my wife have visa its not run out. I don't think there is any administrative review please correct me. The only option I see is just to write someone who is in charge of Solihill premium service centre (PEO) chielf immigration officer I am not sure
Can someone please explain in details how can I satisfy caseworker on 287 (d)???
Plz help help
malik15 wrote:Really sorry to hear your news. It seems that HO has got it wrong as everyone in this forum who applied before the rule change managed to get ILR by combining time spent on PBS.allwell46 wrote:Dear respected Shahjee, amber, casa, and other members
Please I need your help here
I had premium service appointment at solihill Birmingham for my wife's ILR on set (M). But unfortunately her ILR is been refused on the basis of 287 (d) of immigration rules.
A bit history of case is as follows.
I had applied for ILR on long residency basis in Feb 2014 and were granted in July 2014, I had applied for my wife's FLR M on 03 April 2014 before the new rules came into effect on 06 Apr 2014. As soon as I was granted ILR they granted FLR M visa of 2 years to my wife in July 2014.
Now they are saying that my wife has not completed a period of 2 years as a spouse of a person who is present and settled in UK so refused her ILR. I had explained them that she was granted FLR M of 2 years not two and half as she was protected under transitional arrangements of part 8 of immigration rules. So now as per immigration rules her time spent as PBS dependant and Time spent as FLR M can be combined which makes her eligible to granted ILR. But they did not listen anything and refused the visa.
Their cruality does not stop here, they even changed her 2 years FLR M to 2 and half years and kept the BRB and will send a new one in post. meaning they have put things up as per new rules of 5 years FLR (2.5 + 2.5) under appendix FM.
This is sadest day of my life, I am so sad so as my whole family, I was thinking to sueside but wont do it as its Haram, I will not do it, But I will fight for our rights.
Could you please put me in right directions
Kind regards
shahjee1234 wrote:Dear members and silent readers,
First of all Happy Eid day to all members who celebrate Eid.
I am writing to let you guys know about our experience at Croydon PEO for my wife and daughters SET(M).
We reached Lunar house Croydon PEO at around 11:00 am appointment time, the guards at the door were brilliant and as appointment was already booked so we were taken almost straight in. One of the security guy took us to the 3rd floor where at the first count the appointment time was checked and the fee paid receipt was checked and a ticket number issued.
We were than directed to wait for our turn in the cafeteria/waiting area. The screen there was helpful for us to know that it was about to be our turn. Next we were called to another desk to get the application registered and do the computer input, that was around11:27 am.
Next we were send to wait in another area to get the biometric done, that took another 30 minutes.
We were told to leave all the application material and supporting documents with them and go and wait in the cafeteria. They said that it might take another 90 minutes for them to decide and if there is any thing they will call us to discuss.
We go back to the waiting area and than it was a non stop look at what was happening to our ticket number. On the screen it keep gone through the stages of verifying the biometric details, than it jumped to case waiting for consideration and than to case under consideration, and at this final stage it just took 10- 15 minutes and than it jumped to documents ready for collection and that the ticket number will be called in some time.
Finally after a total wait of almost 2 hours we were called and given the good news that the application is successful and that biometric cards will be send out in 7-10 working days. No questions asked, absolutely brilliant. I made sure get the photocopies of all the documents that I was submitting, and looks like all that was welcomely received by the Home Office. Over all a very smooth and nice experience.
For the people who don't know about my dependents visa history, I give it as under
My SET(LR) was pending when I realised that Home Office was about to change the rules on the 06th April 2014, regards to SET(LR) dependents, and after that they will lose on any time that they have already spend in this country and have to start all over again and spend 5 more years to qualify for their ILR, hence I sprung into action and applied for their FLR(M) on the 02nd of April 2014 and requested the Home Office to hold the decision on their application till my case is decided.
My SET(LR) was granted on the 12th of June and immediately after that on the 16th of June FLR(M) was granted for my wife and daughters for 2 years under old rules, as they were pre July 2012 PBS dependent and also they applied before the rule change of 06th April 2014.
I applied for their SET(M) for today's date at Croydon PEO, and you guys know the rest of the story.
Many thanks for all the best wishes that we have received for all that time. My best wishes for all you guys who are waiting and who are about to apply.
Kind regards
Shahjee
Can you please share when was your wife granted her first PBS visa and in which category? Also, what was your status before you got ILR?
