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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
shahjee1234 wrote: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
allwell46,
I am really sorry to hear this bad news, I am utterly disgusted with what the incompetent staff at the PEO have done to your case. This is like taking a personal revenge of some sort. Frankly I am not very sure what can be done, except to challenge the legality of the decision in a Judicial review at the High Court. Although it is going to cost a lot but at least you will have the hope to get some positive result. Another thing that you could do is to write to them again for an administrative review, not sure if you can do that in country or not, other seniors and gurus please your feedback on the issue is urgently needed.
It is tough times my brother but please stay focused and make sure don't let them get away with it. May Allah help you in this crucial times. Take care.
Kind regards
Shahjee
Hi joanie,joanie wrote:Hi Shahjee,
Congratulations on your and yours mrs and kids ILR. You are being so helpful in this forum that I also wanted to ask you a question. I understand through your posts that you had asked the home office to put hold of your wife's decision while your ILR decision was pending. In a section while filing flr m it asks when our partner got the ILR. I was wondering what should we write there or leave it blank? Plus did you inform the HO for your wifes FLRM after you got a decision?
Regards Joanie
Hi Aurnoc,aurnoc wrote:Thank you Shahjee n belated Eid Mubarak its really surprising that v were there at the same time haha if I had known then it would have been an honour to meet such a helpful person like urself n also meet ur family. We were sitting to the right side of the cafe. Mostly solicitors were there n few asians. My hubby commented that most desis are sitting on the otherside,maybe u were there as well
Many congratulations n well done that u got the settlement for ur wife according to old rule, atleast some of us got lucky mA. I was so busy regarding my hubby ILR n never bothered to check any other posts on this forum. I won't be able to forgive myself for that.
Anyways, I had asked about settlement from the person who returned my documents. He said he has no idea n that I should go ask at counter 4 customer services. U must have noticed her too. She told me come back in 2years.
My letter says 60months including PBS leave is required for settlement. My BRP is for 2.5years
Good idea to have a timeline or something for FLR M.
HI everyone, received my Brp today dated 24/07/2014joanie wrote:Hi C4551mc4551m wrote:Hi Everyone and Eid Mubarak..
Alhamdullilah , received my documents at my solicitor that ILR granted, Double Happiness Eid and Approval. Will share my whole story later. Thanks to all who supported in this forum specially Amber
Congratulation on your ILR. I was waiting for your whole story but I couldn't wait anymore. I wanted to ask you some questions. Hope you will help me getting the answers. how many days were you short for 10 years? Did you vary your application after actually completing 10 years or 28 days before? Also Did you vary your application aftet submitying biometrics? I am also short of 35 days for completing 10 years. Stressed out here.
Thank you. Joanie
I also varied my entrprenuer app but have not received any such letter ..some of these case workers are so stupid and naive so it would be better if you would have sent a letter explaining everything when you made the ILR application but dont need to worry..send them letter but also ring them so that they could process it quicklymigrant80 wrote:Hi all
Received a letter from caseworker asking a certificate to show English language qualification but as my set lr application is a variation I have already submitted my masters degree from uk university with my tier1 ent application and was awarded points for that already .
I am writing a letter to explain this to caseworker.
Is there anyone who faced the same situation ? PLease guide me in this matter
Kind regards
Hi Tier 4,Tier 4 wrote:I have a question to ask everyone especially Shahgee who applied on Set (lr):
Did you guys photocopy every single thing you submitted including form?
Hi msmussaf,msmussaf wrote:Eid Mubarak to every one and double congratulations to those who got approvals in last couple of weeks. Enjoy your freedom.
Sorry for late. Was bit busy with family.
Got some confusion that shahjee1234 and allwell46 same case history but two different out comes.
I am in same boat thats why I asked about evidence in previous post.
Shahjee1234 what you suggest me history is as follows
10 years student
Set LT applied 5 march 14
Approved 2 july
For wife
came to uk as student dependent august 2007
FLR M applied 4 april 14 ( before 6 april change)
Requested for hold
Approved 17 july 14
2 years spouse visa granted
Many thanks brothershahjee1234 wrote:Hi Tier 4,Tier 4 wrote:I have a question to ask everyone especially Shahgee who applied on Set (lr):
Did you guys photocopy every single thing you submitted including form?
For my SET(LR) I provided them with a set of photocopies of all the supporting documents that I was providing, I didn't photocopied the form though. Supporting documents including my degree from UK university, life in UK test result, and photocopies of all those pages where there are entry/ exit stamps, visas or any other vital detail on all my previous passports, and photocopy of my my biometric card. Some people provide bank statements and job details e.t.c, but frankly I didn't I just stick to the basic rule, the simpler the better
I hope it helps mate.
Kind regards
Shahjee
modern_newton wrote:I also varied my entrprenuer app but have not received any such letter ..some of these case workers are so stupid and naive so it would be better if you would have sent a letter explaining everything when you made the ILR application but dont need to worry..send them letter but also ring them so that they could process it quicklymigrant80 wrote:Hi all
Received a letter from caseworker asking a certificate to show English language qualification but as my set lr application is a variation I have already submitted my masters degree from uk university with my tier1 ent application and was awarded points for that already .
I am writing a letter to explain this to caseworker.
Is there anyone who faced the same situation ? PLease guide me in this matter
Kind regards
Hi shahjeeshahjee1234 wrote:Hi joanie,joanie wrote:Hi Shahjee,
Congratulations on your and yours mrs and kids ILR. You are being so helpful in this forum that I also wanted to ask you a question. I understand through your posts that you had asked the home office to put hold of your wife's decision while your ILR decision was pending. In a section while filing flr m it asks when our partner got the ILR. I was wondering what should we write there or leave it blank? Plus did you inform the HO for your wifes FLRM after you got a decision?
Regards Joanie
Many thanks for the kind words, it's prayers and best wishes of members like you that I have been able to sort things out, I couldn't thank enough all the members and the help that I received.
Regards to your question, I could tell you what I did, I left it blank and mentioned it in the covering letter that I am leaving it blank for the reason that the main sponsor SET(LR) is still pending, and that I will provide the details once the SET(LR) is issued to the main sponsor.
Home Office also ask to provide photocopies of all the pages of the present passport of the main sponsor, which in my Mrs case we couldn't provide as I already send my SET(LR) application, hence I also mentioned that in the covering letter.
Once I received my ILR on the 13th of June, and as I was about to prepare another letter and send them the above mentioned information, that we received my wife and daughters FLR(M) on the 16th of June just in 3-4 days, so I didn't send them any further communication, looks like they already clubbed both the applications and as soon as my one was decided they decided on the FLR(M) for my Mrs and daughters and send it through.
I hope it helps mate. All the best with your future applications .
Kind regards
Shahjee
Hi c4551mc4551m wrote:HI everyone, received my Brp today dated 24/07/2014joanie wrote:Hi C4551mc4551m wrote:Hi Everyone and Eid Mubarak..
Alhamdullilah , received my documents at my solicitor that ILR granted, Double Happiness Eid and Approval. Will share my whole story later. Thanks to all who supported in this forum specially Amber
Congratulation on your ILR. I was waiting for your whole story but I couldn't wait anymore. I wanted to ask you some questions. Hope you will help me getting the answers. how many days were you short for 10 years? Did you vary your application after actually completing 10 years or 28 days before? Also Did you vary your application aftet submitying biometrics? I am also short of 35 days for completing 10 years. Stressed out here.
Thank you. Joanie
Background of my successful case
# Student visa from Feb 2004 - Feb 2014 ( Entered UK 30/03/2004)( Last Visa valid till 27/02/2014)
# 1 Refusal in between
# I was short of 33 days , so if minus 28 days it was 4 days
# initially applied FLRO ( fee 578 ) on 24/02/14 and varied application to SEt LR on 03/03/14.( posted cheque of 473 as fee difference )
# HO sent biometrics on 07/03/14 ( its didn't state was it for FLRO or SET LR )
# biometrics done on 24/03/14
# HO returned my passports and documents stating that your FLRO application in voided and SET LR in consideration and sent the fee difference back so I had to post the new cheque of 578 again this was done on 28/03/14. This fee difference was cashed on 21/05/14 after 2 months.
# I had 1 motoring Offence which I declared and sent DVLA letter as well
# days outside uk totalling 342, none over 180 days.
# Done LiUK test and Ielts
# only 1 biometrics done.
# Supporting documents includes Proof of address ( Bank statement, Gp Letter, Phone Bills, etc...)
# Had dependent so showed letters on both names.
___________________________________________________________________________
Hope its helpful for those who are short of few days , any questions can ask freely.
Thanks
Many thanks Shahjee,shahjee1234 wrote:Hi Arsal385,Arsal385 wrote:.
Shahjee,
You been very helpful to everyone here. I have two questions. You mentioned above that 12 documents required for each individual to claim their cohabitation. Does medical history from different addresses for example. GP, hospital and other associated source would consider single documents or they all consider as individual document? . Also you told one of the thread above that anyone applying for FLR M after 6 April 2014 would have to spend 5 yrs to get ILR or is their any transition period for those who came prior to 9 July 2012. This is a contentious issue and there is already a long debate on this but still not concluded yet.
Many thanks
The answer to your first question is yes ideally they will be considered as one document, but let me tell you what I did for my wife FLR(M) and than just yesterday for her SET(M). I was in the exact same situation and didn't know what to do and how to make up the 12 documents or 6 documents in joint names, so what I did was to attach what ever I could find, like in medical records I added letters from GP, letters from Hospital and the medical registration cards from NHS. Than all the utility bills, gas, Electric, water, council tax. Than any other official letters like letters from HMRC, council letters regards to voter registration. Letters from the employer, pay slips, original driving licence with paper back, previous letters from the Home Office. And what I did was make then well presented marking what is what, and providing them with a set of the photocopies of all the documents, and frankly we didn't have no issues at all on both occasions. So attach what ever you can find, and trust me the more letters you have the better it will work on them, physiological effect , you know what I mean.
Answer to your second question is I am afraid the transitional arrangement for the July 2012 dependents are over, that could have been availed if the PBS dependents applied before 06th April 2014, hence the Home Office have trapped a lot of people in this rule change, as they knew that they will catch a lot of people off guard. The visas to PBS dependents before 06th of April were under para 284 and 287 of Immigration rules, but now they deal with them under Appendix FM, and in that you can't calculate time previously spend under PBS dependent status, actually the time starts again from the day they get their FLR(M) and the total time to qualify from there is 5 years.
I hope it helps mate. I wish you all the best.
Kind regard
Shahjee
Hello,Arsal385 wrote:Many thanks Shahjee,shahjee1234 wrote:Hi Arsal385,Arsal385 wrote:.
Shahjee,
You been very helpful to everyone here. I have two questions. You mentioned above that 12 documents required for each individual to claim their cohabitation. Does medical history from different addresses for example. GP, hospital and other associated source would consider single documents or they all consider as individual document? . Also you told one of the thread above that anyone applying for FLR M after 6 April 2014 would have to spend 5 yrs to get ILR or is their any transition period for those who came prior to 9 July 2012. This is a contentious issue and there is already a long debate on this but still not concluded yet.
Many thanks
The answer to your first question is yes ideally they will be considered as one document, but let me tell you what I did for my wife FLR(M) and than just yesterday for her SET(M). I was in the exact same situation and didn't know what to do and how to make up the 12 documents or 6 documents in joint names, so what I did was to attach what ever I could find, like in medical records I added letters from GP, letters from Hospital and the medical registration cards from NHS. Than all the utility bills, gas, Electric, water, council tax. Than any other official letters like letters from HMRC, council letters regards to voter registration. Letters from the employer, pay slips, original driving licence with paper back, previous letters from the Home Office. And what I did was make then well presented marking what is what, and providing them with a set of the photocopies of all the documents, and frankly we didn't have no issues at all on both occasions. So attach what ever you can find, and trust me the more letters you have the better it will work on them, physiological effect , you know what I mean.
Answer to your second question is I am afraid the transitional arrangement for the July 2012 dependents are over, that could have been availed if the PBS dependents applied before 06th April 2014, hence the Home Office have trapped a lot of people in this rule change, as they knew that they will catch a lot of people off guard. The visas to PBS dependents before 06th of April were under para 284 and 287 of Immigration rules, but now they deal with them under Appendix FM, and in that you can't calculate time previously spend under PBS dependent status, actually the time starts again from the day they get their FLR(M) and the total time to qualify from there is 5 years.
I hope it helps mate. I wish you all the best.
Kind regard
Shahjee
May Allah gives you reward for helping others on this distress state, as HO is doing every effort to avoid people getting ILR. Apparently you are the only one who is helping each and everyone regularly on this forum. But it looks like soon you will be disappeared from this forum as your visa issues have almost sorted out.But I would suggest you to stay here and keep resolving others problems and keep getting their pray.
I am going to apply for ILR on 10 yrs basis in sept
My history is:
Oct 2004- Dec 2007 on Student visa
Jan 2008- Dec 2009 on IGS and PSW
Jan 2010 - Aug 2010 - 8 months on 3C and 3D as Tier 1 visa got rejected, appealed and subsequently granted.
Sept 2010- Sept 2013 Tier General
Sept 2013-2015 Tier 1 extension granted
Overall 380 days gap with no single period absence of more than 180 days.
Already passed LIUK and have UK masters degree.
Recently got my SAR and could not find any detrimental effect on my case with the exception of my visa refusal in 2010.
My question is do I need to apply through the solicitor because of previous visa refusal or can I apply on my own?
My appreciated again.
Hiboyb82 wrote:Dear guys,
Very quick question to ask : my wife dependant visa expiring in april 2016 and i changed mine to ilr on long residence basis, so can i keep her visa untill expire or do i need to change. My ilr approved on 11 july 2014, please provide expert advise and if possible please give home office link. Thanks
With the new rules, u should apply for her flr quickly as there are not any tough requirements except financial one. If you are not planning on travelling soon, then apply by post. UKVI takes decision within 2 months after applying.boyb82 wrote:Dear guys,
Very quick question to ask : my wife dependant visa expiring in april 2016 and i changed mine to ilr on long residence basis, so can i keep her visa untill expire or do i need to change. My ilr approved on 11 july 2014, please provide expert advise and if possible please give home office link. Thanks
NasirNNN wrote:Hiboyb82 wrote:Dear guys,
Very quick question to ask : my wife dependant visa expiring in april 2016 and i changed mine to ilr on long residence basis, so can i keep her visa untill expire or do i need to change. My ilr approved on 11 july 2014, please provide expert advise and if possible please give home office link. Thanks
u need to change your wife visa to FLR(M) as soon as possible it's better for you as settlement time counts from FLR(M) .
you must change ur wife visa to FLR(M) before travelling abroad but it's better change as soon as possible.Rules for dependent of ILR on long residence changed from 06/04/14.
Regards
aurnoc wrote:With the new rules, u should apply for her flr quickly as there are not any tough requirements except financial one. If you are not planning on travelling soon, then apply by post. UKVI takes decision within 2 months after applying.boyb82 wrote:Dear guys,
Very quick question to ask : my wife dependant visa expiring in april 2016 and i changed mine to ilr on long residence basis, so can i keep her visa untill expire or do i need to change. My ilr approved on 11 july 2014, please provide expert advise and if possible please give home office link. Thanks
Hi joanie, both my daughters were born back home in Pakistan.joanie wrote:
Hi shahjee
thanx for your reply. Can I ask you where were your childrens born?