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Application made before 9 July 2012 which rules apply?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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harpreet1316
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Posts: 36
Joined: Fri Apr 24, 2020 12:14 pm
India

FLR FP TO FLRM ?

Post by harpreet1316 » Sun Apr 26, 2020 3:03 pm

Hi
(A) which for Form shall I use to fill if I want to change
From FLR FP to FLR FM
(B) I have B2 English test passed year 2018 for my private hire badge test can I use it as English requirement
(C) the only reason to change FLR M is that this is my 2
Extension last extension they kept my passport for year
Even though it was an extension saying it falls under not standard processing time I was frustrated it’s like begging
Them so, does FLR M changes the games ? Or is still the same ?

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seagul
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Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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United Kingdom

Re: FLR FP TO FLRM ?

Post by seagul » Sun Apr 26, 2020 3:56 pm

A): https://www.gov.uk/government/publicati ... -form-flrm

B): yes if it have UKVI unique reference number

C): Most often delays occurs where the application is not straightforward due to adverse immigration history/serious conviction/pandemic. Following requirements must have been fulfilled:
https://www.gov.uk/uk-family-visa/partner-spouse
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

harpreet1316
Newbie
Posts: 36
Joined: Fri Apr 24, 2020 12:14 pm
India

Re: FLR FP TO FLRM ?

Post by harpreet1316 » Sun Apr 26, 2020 4:07 pm

Hi
Just checked the English certificate it say
Trinity college london
ISE 1
Integrated skills in English
CEFR level B1
Entry level certificate in ESOL international (entry3)
May 2018
Will this be accepted

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seagul
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United Kingdom

Re: FLR FP TO FLRM ?

Post by seagul » Sun Apr 26, 2020 4:10 pm

harpreet1316 wrote:
Sun Apr 26, 2020 4:07 pm
Hi
Just checked the English certificate it say
Trinity college london
ISE 1
Integrated skills in English
CEFR level B1
Entry level certificate in ESOL international (entry3)
May 2018
Will this be accepted
It should have ukvi reference number otherwise sit for test by following the UKVI list:

https://www.gov.uk/government/publicati ... uage-tests
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

harpreet1316
Newbie
Posts: 36
Joined: Fri Apr 24, 2020 12:14 pm
India

Re: FLR FP TO FLRM ?

Post by harpreet1316 » Sun Apr 26, 2020 5:43 pm

Hi
Just quick timeline of my immigration history and some
Question
2005 tourist visa overstay
2008 meet partner
2010 application FLRO (British spouse and child )rejected sent for reconsideration
2013 judicial review
2013 refusal from home office right of appeal
2014 first tier tribunal won appeal

06-05-2014 leave granted ex1a-b 30 months
06-11-2016
1st extension Application flr FP made 3-11-2016
23-11-2017 leave granted pattern route 30 month
23-05-2020 ( one year application pending home office
Despite extension chasing through my MP sending so many letter straightforward case British spouse and child)

Now my question
1 was I eligible to apply before waiting 28 days as I did
Completed 5 years much earlier ?
2-as if now it doesn’t matter if I change my application from FLR FP to FLR M as I have completed 5 years technically I can either make an application for indefinite leave to remain in 5 years even with FLRM or on 10 years leagal stay
BUT with flr FP do I have to face the same begging situation on me next extension and in indefinite leave to
Remain time if so isn’t it better to apply FLRM this time
Or stick with FLR FP form though I pass all criteria for 5 years in both FLR FP and FM

3- in previous reply on English test I don’t see any UKVI
Reference number as I did the test on behalf of transport
For london English test for private hire driver ( I have posted the certificate above )which is valid for 3 years till 29 may 2020 will making an application before valid the test even though it might expire by the time decision is made

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: FLR FP TO FLRM ?

Post by secret.simon » Sun Apr 26, 2020 5:50 pm

You can't make a SET(M) application (on the five year FLR(M) route) for ILR right now because you don't have FLR(M) currently.

You can switch to FLR(M) if you meet the requirements, but if you do, your clock will be reset to zero and you will only be able to apply for ILR after 5 years of the first grant of FLR(M).

You can only apply for ILR(LR) after completing 10 legal years of residence in the UK. As your first leave was granted in 2014, that means that you can apply for ILR(LR) 28 days before 6th May 2024.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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seagul
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Re: FLR FP TO FLRM ?

Post by seagul » Sun Apr 26, 2020 5:58 pm

1. You either need to renew the same visa or switch into other permissible type of visa such as flrm before the expiry of your current visa.

2. Yes switching into flrm won't make any difference for you because you have already completed 5 years under 10 years of route and the same remaining duration you will have to spend with extra requirement of financial & English language if switches into flrm.

3. Then either redo it and switch into flrm if you wishes otherwise just extend under existing route.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

harpreet1316
Newbie
Posts: 36
Joined: Fri Apr 24, 2020 12:14 pm
India

Application made before 9 July 2012 which rules apply?

Post by harpreet1316 » Thu Jun 11, 2020 10:47 am

hi
I made an application for article 8 on 2010 was refused
Same year
Applied reconsideration
Reconsideration refused 2013 right of appeal
Appeal allowed with visa 2014 appended FM 10 year route
Now my question is as the application was made prior
2012 was old rules applicable?
I heard there was a case of Edgehill or something in 2014
Where it was considered in such cases old rules should have applied for application made before 2012 but decided after 2012

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