switch within 28 days to FLR (m) from tier 1 general depe

[sheyyu]

I have tier 1 general dependant visa valid till Aug 2013
My husband switched his tier 1 to ILR last month , 12th June.
I am now suggested to apply for FLR (M). Is it mandatory i should apply before 28days time since my husband visa status changed ????
I have an in person appointment on 10th July , If i apply will they refuse my application stating i exceeded my stay in uk and need to go home country and file ?..
I went inperson on 5 th July , they refused to take my application without Naaric Papers. This is my second appointment.

Please please help me..

[Lucapooka]

If you will complete your two years of residence before Aug 2013 you can stay with your current leave and don't need to switch.

[geriatrix]

I have tier 1 general dependant visa valid till Aug 2013

On what date did you enter UK (for the first time) as a PBS dependant?

Is it mandatory i should apply before 28days time since my husband visa status changed ????

No, there is no such requirement.

[sheyyu]

HI thanks all for support...

I entered June 2011,

[Lucapooka]

So do nothing now and simply apply for ILR in May 2013

[lionking3010]

you can not switch directly from tier 1 dependent visa to ILR, so you must apply or flr m before ILR otherwise your application will be refused.

[Lucapooka]

you can not switch directly from tier 1 dependent visa to ILR, so you must apply or flr m before ILR otherwise your application will be refused.

The person who posted this comment has obviously been asleep during the recent changes to the immigration rules.

[lionking3010]

Please read carefully the SET(m) guideline :

If you have not yet been given leave to "enter or
remain as the partner of a person present and settled in the UK", you must use form FlR(M).

I am not asleep, keeping eye on rules changes. Go according to UKBA guideline that is self explanatory.

http://www.immigrationboards.com/viewto ... 9dd1371938

[Lucapooka]

zzzzzzzzzzzzzzzz!

The form to use in such situations is SET(O)!

[lionking3010]

please read carefully set(o) guideline:
FOR WHICH APPLICATIONS MUST YOU USE
FORM SET(O)?
Form SET(O) must be used if you are applying for
indefinite leave to remain in one of the following categories
or routes:
- work permit holder
- employment not requiring a work permit
- businessperson
- innovator
- investor
- highly skilled migrant
- highly skilled migrant under the terms of the
HSMP indefinite leave to remain (ILR) judicial
review policy document
- self-employed lawyer
- writer, composer or artist

QUALIFYING FOR INDEFINITE LEAVE TO
REMAIN
To qualify for indefinite leave to remain in the categories
of the Immigration Rules for which you must use
form SET(O), you must meet the requirements set out
in the following parts of the Rules:
Part 5 work permit holder, highly skilled migrant*,
employment not requiring a work permit,UK
ancestry
Part 6 businessperson, innovator, investor, and
writer, composer or artist
Part 6A Tier 1 migrant, Tier 2 migrant
Part 7 ex-HM Forces, long residence in the UK
Part 8 bereaved partner

no where it is mentioned as dependent
hope this helps !!

[Lucapooka]

You are getting on my nerves now with your ignorance and misdirection. The new rules are difficult enough to understand without you sending people off in the wrong direction. People reading your ill-informed comments might, due to you blind insistence, begin to think you are correct and you are, therefore, damaging the spirit of this forum that is such a valuable resource. Please do everyone a favour and enlighten yourself by reading the newly revised paragraph 319E of the immigration rules.

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

[lionking3010]

not my intentions but none of the application forms depict the 319 E clearly.
I am going to call UKBA tomorrow to bring this up.

Thanks Mate for your guidance.Will update here soon the outcome

[lionking3010]

Called UKBA and they SAID USE FLR(M) and then ILR...

[Lucapooka]

They probably did based on the limits of the question that you put to them and even then it may not be a correct answer as the people who answer the phone are notoriously ill-informed on the more complex issues of immigration.

Is this response with regard to the original question or to your own circumstances? The OP has current leave that takes him or her beyond their residence requirement for ILR. You only need to use FLR(M) if your current PBS dependant leave will expire before completing the two year residence period. Otherwise, it's now permitted under the new rules to stick with dependant leave even after the main applicant has switched to ILR, and then apply for ILR using SE|T(O). Why don't you read the rules rather than remaining with your head in the sand ?

I'm actually over this thread now. You do what you want and you think what you want. I just hope that other people don't think like you when they read your comments.