ILR as a dependant of long residence rule

[niyogee03]

Please, I will be extremely glad if someone could enlighten me on this question. I married my wife in 2008 in uk, but I started to be her dependant in 2010 as a PSW dependant. By 2011 she switch to tier 4, and I am still her dependant till today. So far I have been her dependant altogether for 3 years. Our current leave will expire by 2015, but my wife is due to apply for settlement by September 2013 on a 10 years long residence. My concern is the issue of 2 years / 5 years spouse rule. When exactly can I apply for my ILR? Can I apply for my ILR immediately my wife get her own ILR? Or I still have go through another 2 years / 5 years rule, bearing in mind I have been depending on her for 3 years now on PBS. Do I need to use flr (m) form again for extension of stay? By the time my wife will get her ILR this year I will still have a visa which will last till 2015. Please, I want to know if I could apply for my ILR by this year once my wife's own is approved? Is it possible for me to use form set(m) to apply directly as soon as my wife get her ILR? Thanks a lot , and I will be expecting people's opinion on this issue.

[vinny]

See also Dependant of ILR (long residence) applicant on PBS leave.

[jbm]

See also Dependant of ILR (long residence) applicant on PBS leave.

Hi vinny,
please confirm these rules still apply after watch this link ?

https://www.whatdotheyknow.com/request/ ... ars_long_r

just bit confuse please put some light on it as you have better understanding on these rules.

thanks

[vinny]

Chapter 8 - Family members transitional arrangements > Transitional guidance > 3.4 and 4.5.

[jbm]

Chapter 8 - Family members transitional arrangements > Transitional guidance > 3.4.

Hi vinney thanks for reference its quite useful but it is not clear that after getting futher leave to remain as partner. partner is eligeble for ILR or set(m) after 2 years qualifying period.

Applicants who were granted leave to enter or remain as a PBS dependant
before 9 July 2012, whose PBS partner gained indefinite leave to remain on the
basis of long residence can under transitional provisions at A280 (c) apply for
further leave under Part 8 of the Immigration Rules.

[vinny]

My understanding is that after grant of FLR(M), partner may immediately be eligible for SET(M).

[jbm]

My understanding is that after grant of FLR(M), partner may immediately be eligible for SET(M).

Hi Vinny thanks for advise. got my wife ILr on window. i will upload email as well as i send quary to HO just to check and they reply same.

thanks and thanks again

[jbm]

Hi Vinny thanks for advise. got my wife ILr on window. i will upload email as well as i send quary to HO just to check and they reply same.

thanks and thanks again

Dear Sir,



Thank you for your e-mail dated 29th April 2013.



Under the transitional arrangements, the old Rules continue to apply to those dependants who were granted leave to enter or remain in the UK as PBS dependants before 9 July 2012.



You wife can apply for ILR under the provisions of paragraph 287(a) of the Rules after she has completed the 2 years probationary period. Paragraph 287(a)(i)(d) allows for leave completed as the partner of a PBS migrant to be amalgamated with leave as the partner of a settled person.



In order to apply you will need Form SET(M) and Guide SET(M), which are available from the UK Border Agency website at www.ukba.homeoffice.gov.uk.



Yours faithfully,



Immigration & Settlement Group

Home Office



From: J Mah
Sent: 29 April 2013 23:13
To: Settlement Ops Policy Mailbox
Subject: SET (M)



Dear Sir/Madam,



Just wants some clarity on SET (m) application. My situation is i was on Tier 1 Migrant visa when i applied for ILR on the bases of 10 long Residence, while my application was pending my wife who was on Tier 1 PBS dependent visa applied for FLR (m) on 16 Aug 2012. I recived my ILR on 5 Sept 2012 and my wife got FLR (M) visa on 25 March 2013. My wife is living with me as spouse since NOV 2009 when she initially granted spouse visa Tier 1 dependent.



Now my query is as my wife has lived with me more than 2 year as spouse , is she able to apply through SET (M). new rules are bit confused me as they require partner to stay as 5 years to apply for ILR but my wife got her spouse visa granted before July 2012.





Please your response on this issue will help me parpering for my application.





Kind Regards

[RKUK]

Dear All,

Could any one please help me providing the email address of HO , for ILR(10 year) visa inquiry ?

Best Regards
RK

[knwkol]

Hello all,

first of all thanks to all the contributors to this forum. I got lot of guidance for my and my wife's ILR. I will put my experience here in case it can help someone.

My Entry UK- 2003
Before ILR - Tier 2 company sponsored visa
ILR applied Nov 2013 on long residence basis ( i sent absolutely every single document I had in past 10 years)
Biomatric in Jan.
ILR letter received 2nd week March 2014.
Biomatric card received 3rd week March 2014

Wife entered UK as my dependent in 2005.
Wife's visa before ILR - Tier 2 dependent

I was confused and not sure to go for FLR or SET.

I called and my wife called Home office 3 times. Their responses over the phone
1- Apply FLR then apply SET on next appointment , pay both fee
2- Apply FLR then wait 2 years then SET (M)
3- Apply FLR then wait 5 years

We emailed twice in Feb 2014 to homeoffice to get confirmation in writing but no response at all till now.

I had no choice but to book FLR in person appointment for my wife. Paid FLR fee online.

Appointment last Saturday in Sheffield at 11AM. After reading as many forums as I could and reading all the rules I was still unclear.So took a gamble ,prepared both applications FLR and SET (M). Prepared a cover letter mentioning all details about UK entry , current visa, husband visa, also argued the case saying she qualify as per 287 ,transitional arrangement .

At 11am we gave SET(M) to the Visa window in sheffield offices with this cover letter. My wife also said she think she qualify for SET (M). The lady on the window consulted another lady and said give us the form and cover letter and we will see, come after 2 hours and leave mobile number if case worker needs to call you. She also said if she qualify for SET (M) then she needs to pay full SET fee and FLR fee will be refunded.

We did not get any calls and biomatric was done at around 1.30pm.

We never saw case worker as we only dealt with reception lady.

ILR sucessful letter received at around 2.30PM. All documents returned.

now waiting for Biomatric card . DX secure left a card today so it must have come.

Today FLR fee refund confirmation came in the email.

So thanks again all. Best of luck.

[niyogee03]

Vinny, Amber and other gurus i will need your candid opinion on this issue. I have been depending on my wife for over 4 years now since 2010. That is before july 9th 2012. My wife got her ILR on long residence in march 2014. I did PEO application at croydon for my flr m on 31st march 2014. The biometric card have been issue to me for 24 months. I did not apply for set m before 6th april 2014. I want to apply for set(m) by 30th april 2014. I want to know whether i can still combine my leave as pbs to the spouse visa or i will need to wait for 2 years.....can i use paragraph 287(a)(i)(d) to apply for set (m ) now, since i have already change to flr(m) before 6th april 2014 and have been depending on her for 4 years before 9th july 2012.......i have not read anything on this issue at Home office website yet......pls let me have your opinions. Thanks.

[vinny]

Yes. I think you can.

[Amber]

I agree.

[niyogee03]

I agree.

Amber pls expansiate......u said u agree. Are u saying i can still combine pbs dependant with the FLR spouse which i ot before April 6th? I want to submit the application for set(m) by 28th April. My FLR(m) was granted on 31st march 2014. Will i still be able to combine my accrued years as a PBS with the FLR(M)?

[Amber]

You should be able to use 287(a)(I)(d) if you were granted leave (2 years) under Part 8. So far as the combined period of PBS dep and FLR(M) meets or exceeds 2 years in the UK. B1 English and LIUK required for SET(M).

[niyogee03]

Vinni, Amber and other Gurus please i will require your opinion as soon as possible. I have already raised this issuee on the forum and Vinni and Amber suggested i am eligible to apply for my ILR now........I did one day appointment today and unfortunately my ILR is not approved.

My wife got her ILR in February 2014 under Long Residency. She was on Tier 4 General (student) before she got her ILR. I have been PBS dependant on her Tier 4 General since December 2011. That is prior 9 july 2012.

I change to FLR M on the 31st March 2014, and was issue a visa for two years; from 31-03-2014 to 31-03-2016.

I attended the PEO today, but the caseworker said the Home Office should have issued 30 months for me because i should fall under Appendix FM. The case worker also said because my wife was a student visa that does not lead to settlement before she got her ILR ; therefore i am not eligibleto combine to previous leave which i have accrued. She did not refuse my application, but she said i need to wait for 2 years before i could apply for the ILR because they accept it was a mistake to have issue the visa for me under paragraph 284.......

Vinni, Amber and other gurus what do you think i can do now? She said i should go their website and just write a complaint.

Please what can i do to treat this unfair decision....my FLR m was issued on 31/03/14 under paragraph 284. Now the caseworker said all dependant who their main applicant got ILR as a student before long residency are not entitle to combine their leaves.

Please, i will be expecting response from you guys....thanks a lot.

[Amber]

She doesn't know what she's talking about and you should have asked to speak to the manager, try again perhaps at a different PEO?

[nadeem toheed]

Dear Home Office

Could you please clarify one thing for me?

I got ILR under ten years long residency in June 2013 and my wife came very first time in UK in March 2006 as a student dependent. Now we got spouse visa on 02nd September, 2013 for 02 years (Pre July rules, probationary 02 years periods).

The question is, my spouse had spent approximately 06 years as a student dependent (from March, 2006 to June, 2012) and 15 months on Tier 1 (PSW dependent).
When she can apply for ILR? Immediately or still need for 09 months more?

Thanks for your help

(Home Office Replied)

Dear Sir,
Thank you for your email dated 3 September 2013. Your enquiry has been forwarded to Home Office Public Enquiries because it is not a policy enquiry.
Please be advised that your dependant spouse would need to complete two years in the UK and can amalgamate her PBS leave together with any time spent under FLR(M) to make up the two years before applying for Indefinite Leave to Remain(ILR). Based on the information you have provided, if she has completed 15 months as the dependant of a Post Study Work migrant, she would need to complete an additional 9 months in the spouse category to achieve the required 24 months qualifying period for ILR. Time spent as a dependant of a student cannot be included.

For more information, please visit the Home Office website at:http://www.ukba.homeoffice.gov.uk/polic ... -8-app-fm/

Yours faithfully,
Edward Henry
UK Visa & Immigration

[atlast]

Hi niyogee03, What PBS means to you , was your wife on PSW before she got ILR or she was on student visa when she got ILR. Please clear this as it seems that your wife was on tier 4 (student) PBS. is it true?

PBS means any rout that leads to settlement. like Tier 1 general or tier 2 work permit

Please correct me Amber if i'm wrong?

[niyogee03]

Thanks for your post Naheem Toheed. I have also spent 18 months as a post study dependants on my wife from 12/05/2010 till 21/12/11. Please , Nadeem, Amber or anyone can u pls forward the contact address of the Home Office that replied to your email to me. I will like to contact them as well and request what next to do. Which option is better to contact Home Office? Is it via email or letter to their office? I did my own interview at croydon today. Can anyone please send yheir email and contact postal address to me.

Vinny, thanks for your response as well. But if you look at the thread which was posted by Nadeem Toheed the Home Office stated in yhe last paragraph that he can only include is dependant leave as a PSW dependant, the letter also stated that Student dependant is not inclusive. I am just confuse to be honest.

But please send any current valid email of Home Office and their postal address to me

[Amber]

'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

I believe the UKVI no longer reply to individual questions. You should have printed out rule 287(a)(i)(d) and requested to speak to the manager.

[niyogee03]

Thanks for your reply Amber and Atlast......Amber i only uoted quoted section 287(a)(i)(d) in the covering letter whichi attached to my application and i highlighted it. The caseworker said she can see i have done my research very well before coming to Home Office. Amber according to Atlast who responded now he said it is only PBS that leads to settlement like tier 1 and tier 2 work permit that are allowed to merge this leave. Is that really correct Amber or Vinnny or Bonny? Is their any paragraph of immigration rules that i could use to counter it that tier 4 dependants are also included?

Atlast to your question about my wife status before she got ILR. She was on tier 4 general student before getting ILR in February 2014. I was on Tier 4 pbs dependants from 21/12/2011 till March 31st 2014 when i changed to FLR(M).

Amber, Vinny, Bonny and other gurus please what is the way forward to fight this injustice? Is their any law per se that stes anyone with the route that does not lead to settlemnet, yhat the dependants of such person are not allowed to combine their leaves.?

Amber you said Home doesnt reply to email often, so what is the best way out you can suggest.

Vinny where are you? Have not hear your opinion on this issue.

i will also welcome any other tangible advise from others with experience on this issue. Thanks a lot.

[Amber]

'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

I believe the UKVI no longer reply to individual questions. You should have printed out rule 287(a)(i)(d) and requested to speak to the manager.

[atlast]

Hi knwkol,

Would you please put your covering letter for other user's benefit here? Thanks in advance

Regards

[mky]

Dear All,
Need some advice on ILR as dependent of Long Residence rule.

I was on
Student visa from Oct 2003 to Nov 2008
Tier 1 (PSW) from Nov 2008 to Mar 2010
Tier 1 (General) from Mar 2010 to Mar 2013
Tier 2 (General) from Mar 2013 to Dec 2013 - I applied for ILR on long residence basis in Dec 2013 and got ILR in Mar 2014.

Now I want to apply for my wife ILR. She came to the UK in 2005 and she was on following visas

Dependent of Student from Oct 2003 to Nov 2008
Dependent of Tier 1 (PSW) from Nov 2008 to Mar 2010
Dependent of Tier 1 (General) from Mar 2010 to Mar 2013
Dependent of Tier 2 (General) from Mar 2013 and the leave is valid until Feb 2016
She has got B1 English certificate and Life in UK pass certificate
Can I apply for her ILR by using the SET (M)?
Or do I have to use FLR (M) first then SET (M) straight after?

I am thinking to arrange PEO appointment and use SET (M). Any advice/comment will be much appreciated.

Regards