ILR applications for PBS deps - spouse long residence

[Amber]

I was informed by the settlement policy ops team that they plan to review how cases are being administered. This will include how PBS deps are qualifying for settlement under Part 8 when their spouses were not on a PBS route to settlement. We may see, shortly, that the changes which were created in April 2013 coming into affect soon.

If this happens, those PBS dependants whose spouse were not on a PBS route to settlement (I.e, settled as a long residence) will no longer by able to use Part 8 (2 year qualifying period) nor will they be able to combine the time as a PBS dependent with that of flr(m).

[huqqapani]

Correct me if I'm misinterpreting this but this does not sound good for ILR LR spouses.

[Amber]

Indeed, it's not. It means a 5 year route on flr(m).

[huqqapani]

When is it likely to implemented from.

they just cant stick with one rule can they.

[Ibthisam]

Dear Amber,
I'm not sure if I'm affected by the proposal,

I'm a Tier 4 dependant for my wife and applied for ILR under LR on 21/08/2013 as i completed my 10 year qualifying period, still haven't heard from Liverpool.

My wife hasn't completed her 10 years yet.

I called croyden several times(even today) but asked to wait as no decision has been made on my Set(LR) application.

I'm not sure what is PBS dependant catagory and T4 dependant catagory, please clarify.

Do I really have to worry so my wife, as she has been waiting to switch from T4 student to ILR dependant, as soon as I get a positive outcome on my pending application.

Ibthisam

[Amber]

Hopefully there will be no change before your decision and your spouse can switch to FLR(M) then once granted settle on SET(M).

[theprideofpak]

Dear Amber
So what are the current rules in the following case:
I got ILR on LR basis.
My wife came to UK on June 2010 as T1 dependent and she's still a T1 dependent.
Which form and which route she'll go also which rules, old/new etc?
Thanks in advance for kind information.

[Amber]

FLR(M) under the old rules then SET(M) once FLR(M) is granted. A1 English required for FLR(M) and B1 English and LIUK for SET(M).

[theprideofpak]

FLR(M) under the old rules then SET(M) once FLR(M) is granted. A1 English required for FLR(M) and B1 English and LIUK for SET(M).

Thanks for quick reply, Can we apply Flr(m) on PEO? How long does it usually take? Isin't it only a money making scheme because what's the point behind getting flr(m) first and then go to set(m)...!!!

[Amber]

Yes you can do it at a PEO, same day decision. It's money making but also required to satisfy the rules.

[theprideofpak]

Yes you can do it at a PEO, same day decision. It's money making but also required to satisfy the rules.

My son was born here in UK, So I think I won't need him to include with his mother application as he would be applying for nationality, correct? And do I also have to satisfy the earning threshold of £18600 (for wife only as if my son is not included in the application or do I have to show earning for him as well?
Thanks

[Amber]

Under the old rules there is no Financial Requirement per se. If you're working, you'll be fine, just supply the last 3 months wage slips and corresponding bank statements.

Yes a child born in the UK is entitled to register as British by virtue of section 1(3) BNA once either parent is settled.

[shahjee12]

Under the old rules there is no Financial Requirement per se. If you're working, you'll be fine, just supply the last 3 months wage slips and corresponding bank statements.

Yes a child born in the UK is entitled to register as British by virtue of section 1(3) BNA once either parent is settled.

Dear Amber,
Put me correct if am wrong, as you rightly quoted in the above case that the dependent is covered under old rules, would it not be a straight SET M appication, as she has spend the qualifying time of 2 years under the old rule already, or does she still need to apply first to switch to the dependent of a settled person i.e: FLR M ?
I know about some cases, in which as they were under the old rule, hence they applied through SET M and got a straight forward ILR, they might though need the help of a professional to tick the right boxes off course. What is your take on that ? Many thanks.

[Amber]

FLR(M) is required for SET(M).

[shahjee12]

FLR(M) is required for SET(M).

Thanks a lot for the info Amber.

[Muhammad1]

Yes you can do it at a PEO, same day decision. It's money making but also required to satisfy the rules.

Hi amber can u plz answer my two questions.
No 1.
I got ilr on 10 yrs bases on 17 feb 2014.
My wife is with me from 2008 as dependent. So can I get her ilr same day in croyden by applying flrm and then setm. If not can I apply setm next day. Or should I go to shefield peo.
Plz reply as I am really confused and can't decide where to go and what to do.
No2.
My mrs has got B1 English pass certificate(speaking n listening.)
Can she use it to apply for both flrm and setm.
Thanks.

[Amber]

FLR(M) on one day and then SET(M) the next is possible but not both on the same day.

B1 English should satisfy both FLR(M) and SET(M), for SET(M) LIUK is also required. Proof of cohabitation and 3 months wages slips and corresponding bank statements.

[Muhammad1]

FLR(M) on one day and then SET(M) the next is possible but not both on the same day.

B1 English should satisfy both FLR(M) and SET(M), for SET(M) LIUK is also required. Proof of cohabitation and 3 months wages slips and corresponding bank statements.

Thank you so much for your reply Amber.
You have just finished my confusion. That's really helpfull.
From Muhammad.

[theprideofpak]

FLR(M) on one day and then SET(M) the next is possible but not both on the same day.

B1 English should satisfy both FLR(M) and SET(M), for SET(M) LIUK is also required. Proof of cohabitation and 3 months wages slips and corresponding bank statements.

Thank you so much for your reply Amber.
You have just finished my confusion. That's really helpfull.
From Muhammad.

But what about the BRP if you go at PEO, say for example I have an appointment on Monday for FLR(M) and then Tuesday for SET(M). You can't apply SET(M) without BRP isint it. That's why I am planning to do...
Secondly, can you provide MA English in Literature & Linguistics from NUML Islamabad as evidence for English. Would print out from points calculator good enough? Also do I have to get a letter from the university saying the method of teaching or research was in English?
Thanks........

[Fusow1965]

Many thanks to all contributors and moderators.

I need your kind advise and help on few things.

I have just been granted SET(LR) on the 19/02/14. My wife has been with me for more than 10 years since November 2003, so she has also applied for SET(LR) in January 2014.

We have three children: two born outside UK and one born in the UK. They were with us from November 2003 to 2005 but we had to send them home for family and other reasons. They came back from overseas to join us from 2/02/14 on a Tier 1 general dependency visa after nearly 9 years absence from the UK. These are my questions:

1) Do they need to change their visa status from Tier 1 Dependency ?

2) What visa applications and forms do I have to fill/apply for them if my wife is granted her ILR?

3) Can I register my kid born in the UK as a British citizen now or wait until my wife is granted her ILR?

Many thanks in advance.

[theprideofpak]

Many thanks to all contributors and moderators.

I need your kind advise and help on few things.

I have just been granted SET(LR) on the 19/02/14. My wife has been with me for more than 10 years since November 2003, so she has also applied for SET(LR) in January 2014.

We have three children: two born outside UK and one born in the UK. They were with us from November 2003 to 2005 but we had to send them home for family and other reasons. They came back from overseas to join us from 2/02/14 on a Tier 1 general dependency visa after nearly 9 years absence from the UK. These are my questions:

1) Do they need to change their visa status from Tier 1 Dependency ?

2) What visa applications and forms do I have to fill/apply for them if my wife is granted her ILR?

3) Can I register my kid born in the UK as a British citizen now or wait until my wife is granted her ILR?

Many thanks in advance.

1) Yes you have to change their status using FLR(M), Please check if you'll have to satisfy the earning threshold or not and also if they'll have to stay 5 years before they apply for ILR.

2) You don't have to wait for your wife ILR because you can apply under your application using FLR(M).

3) Yes you can register your child born in UK as british citizen under your ILR and you don't have to wait for your wife's ILR.

[Fusow1965]

Many thanks PrideOfPak.

I am still not sure of the form FLR(M) for I think that is for Partners of British citizen and settled persons not dependent children.

I may be wrong.

[theprideofpak]

Many thanks PrideOfPak.

I am still not sure of the form FLR(M) for I think that is for Partners of British citizen and settled persons not dependent children.

I may be wrong.

according to this link, the information is kinda confusing:

http://www.ukba.homeoffice.gov.uk/visas ... /children/

that you children have to get permission to stay as pbs dependent if this was your most recent status before ILR

else they could go for SET(F).

[Fusow1965]

Many thanks PrideOfPak.

I am still not sure of the form FLR(M) for I think that is for Partners of British citizen and settled persons not dependent children.

I may be wrong.

according to this link, the information is kinda confusing:

http://www.ukba.homeoffice.gov.uk/visas ... /children/

that you children have to get permission to stay as pbs dependent if this was your most recent status before ILR

else they could go for SET(F).

Yes very confusing but I think they are saying the children born outside can stay on PBS until both parents have ILR then they can apply .... which form ..i am not sure SET(F) or MN1?

[theprideofpak]

Many thanks PrideOfPak.

I am still not sure of the form FLR(M) for I think that is for Partners of British citizen and settled persons not dependent children.

I may be wrong.

according to this link, the information is kinda confusing:

http://www.ukba.homeoffice.gov.uk/visas ... /children/

that you children have to get permission to stay as pbs dependent if this was your most recent status before ILR

else they could go for SET(F).

Yes very confusing but I think they are saying the children born outside can stay on PBS until both parents have ILR then they can apply .... which form ..i am not sure SET(F) or MN1?

SET(F) I think. MN(1) will be used for your son born in UK.