10 years long residence applications

[ik_aam_insaan]

Package dispatched at around 1400 hours 8 april . Hopefully recieve it tommorow inshaAllah .[/quote]

Phoned dx they have a parcel sent out to me for delivery today before 5 [/quote]


Congrats AMM INSAAN....Today you are little special lol....enjoy your freedom and pray for us....[/quote]

I have to see it to believe it budddy inshaAllah good news your way soon be positive .

[ik_aam_insaan]

Alhamdulillah (All prays and glories to Amighty Allah), just received my appproval letter+ docs + BRP.

My SET(LR) application timeline was:

Application sent: 13/01/14
Ack & Biometric letters Received : 24/01/14
Biometric done: 27/01/14
Docs & BRP Received= 09/04/14
issue date= 07/04/14

Question: I attached few reference letters with my application but HO NOT returned them back.

Best wishes to all who are awaiting......

congrats buddy

[shahjee1234]

Hello Dear,
I am going to apply ILR SET (LR), 8 years Student + 2 Years PSW. in August 2014.
the questions are about my wife visa, she joined me as my dependent in 2008. and her visa is expiring same time as mine.

what visa can she apply and which application form ?


also does she needs to show any income or maintenance ?


Many Thanks

Hi T.Ahmad,
Your wife will be applying FLR(M) application form. I would take it that she was a PBS dependent before July 2012, so she don't need to prove the income trash hold but she need to show that she can adequately maintain with out need for recourse to public funds. If you and her are both working than that could come handy as you could show some steady income, one more thing to notice here is that point based dependents before July 2012 can also show third party support, that family member back home have been sending you a certain amount just to help you, and all that adds up to make the application look good. You need to show your incomings and out goings, so you have to make the application look logical, means to say your incomings should be more than your out goings, hence showing that you have some savings and that you are left with enough money for the rainy days. I hope it all makes sense to you, but there is no set maintainance requirement as such.
Mind it your wife and you both would need to pass life in UK and English language test. I hope it helps.
Thanks.
Regards
Shahjee

[KashRIz]

Hello Dear,
I am going to apply ILR SET (LR), 8 years Student + 2 Years PSW. in August 2014.
the questions are about my wife visa, she joined me as my dependent in 2008. and her visa is expiring same time as mine.

what visa can she apply and which application form ?


also does she needs to show any income or maintenance ?


Many Thanks

Hi T.Ahmad,
Your wife will be applying FLR(M) application form. I would take it that she was a PBS dependent before July 2012, so she don't need to prove the income trash hold but she need to show that she can adequately maintain with out need for recourse to public funds. If you and her are both working than that could come handy as you could show some steady income, one more thing to notice here is that point based dependents before July 2012 can also show third party support, that family member back home have been sending you a certain amount just to help you, and all that adds up to make the application look good. You need to show your incomings and out goings, so you have to make the application look logical, means to say your incomings should be more than your out goings, hence showing that you have some savings and that you are left with enough money for the rainy days. I hope it all makes sense to you, but there is no set maintainance requirement as such.
Mind it your wife and you both would need to pass life in UK and English language test. I hope it helps.
Thanks.
Regards
Shahjee

Hi I think now after 6th April you have to prove Income as Law has been changed and PBS dependents are excluded from transitional arrangement. We have discussed in detail in last few days about it. So please check with senior pros here and with a good solicitor before you apply as if u dont show ur income they may refuse it and you loose your fee. Please see the following change you may argue but I have checked with few solicitors as well now PBS dependent cant take Transitional route for FLR (M) application. Have a look at change


Requirements for an extension of stay as the spouse or civil partner of a
person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant;

[die_hard]

Hi KashRIz,

This is about the income requirement.

Where is it mentioned about the 2 year or 5 year route after getting FLR(M) following the rule changes i.e. 6th April ?

Can the dependants with FLR(M) applied/obtained after 6th April use their previous stay to count towards the 2 years and apply for SET(M) immediately after getting the FLR(M) ?

Hello Dear,
I am going to apply ILR SET (LR), 8 years Student + 2 Years PSW. in August 2014.
the questions are about my wife visa, she joined me as my dependent in 2008. and her visa is expiring same time as mine.

what visa can she apply and which application form ?


also does she needs to show any income or maintenance ?


Many Thanks

Hi T.Ahmad,
Your wife will be applying FLR(M) application form. I would take it that she was a PBS dependent before July 2012, so she don't need to prove the income trash hold but she need to show that she can adequately maintain with out need for recourse to public funds. If you and her are both working than that could come handy as you could show some steady income, one more thing to notice here is that point based dependents before July 2012 can also show third party support, that family member back home have been sending you a certain amount just to help you, and all that adds up to make the application look good. You need to show your incomings and out goings, so you have to make the application look logical, means to say your incomings should be more than your out goings, hence showing that you have some savings and that you are left with enough money for the rainy days. I hope it all makes sense to you, but there is no set maintainance requirement as such.
Mind it your wife and you both would need to pass life in UK and English language test. I hope it helps.
Thanks.
Regards
Shahjee

Hi I think now after 6th April you have to prove Income as Law has been changed and PBS dependents are excluded from transitional arrangement. We have discussed in detail in last few days about it. So please check with senior pros here and with a good solicitor before you apply as if u dont show ur income they may refuse it and you loose your fee. Please see the following change you may argue but I have checked with few solicitors as well now PBS dependent cant take Transitional route for FLR (M) application. Have a look at change


Requirements for an extension of stay as the spouse or civil partner of a
person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant;

[KashRIz]

Hi T.Ahmad,
Your wife will be applying FLR(M) application form. I would take it that she was a PBS dependent before July 2012, so she don't need to prove the income trash hold but she need to show that she can adequately maintain with out need for recourse to public funds. If you and her are both working than that could come handy as you could show some steady income, one more thing to notice here is that point based dependents before July 2012 can also show third party support, that family member back home have been sending you a certain amount just to help you, and all that adds up to make the application look good. You need to show your incomings and out goings, so you have to make the application look logical, means to say your incomings should be more than your out goings, hence showing that you have some savings and that you are left with enough money for the rainy days. I hope it all makes sense to you, but there is no set maintainance requirement as such.
Mind it your wife and you both would need to pass life in UK and English language test. I hope it helps.
Thanks.
Regards
Shahjee[/quote]


Hi I think now after 6th April you have to prove Income as Law has been changed and PBS dependents are excluded from transitional arrangement. We have discussed in detail in last few days about it. So please check with senior pros here and with a good solicitor before you apply as if u dont show ur income they may refuse it and you loose your fee. Please see the following change you may argue but I have checked with few solicitors as well now PBS dependent cant take Transitional route for FLR (M) application. Have a look at change


Requirements for an extension of stay as the spouse or civil partner of a
person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant; [/quote][/quote]

Once they have abolished PBS dependent from Transition route then you have to go for 5 year route and full fill all the requirements. But please read follow Amber and vinny they have explained every thing in detail.

[amjadleeds]

Hi everyone

I have called HO to check status of my application , advisor told me that your document been posted to your solicitor on 26th and showing they have received 28th, but still my solicitor not update me, very stress. As most of you know I have applied on 25 OCT 2012. Please guy just need your prayers. My family received their visa two week ago on DLR after refusal first place.
Regards Amjad

[ILR102014]

Hi everyone

I have called HO to check status of my application , advisor told me that your document been posted to your solicitor on 26th and showing they have received 28th, but still my solicitor not update me, very stress. As most of you know I have applied on 25 OCT 2012. Please guy just need your prayers. My family received their visa two week ago on DLR after refusal first place.
Regards Amjad

Hi Amjad,
I hope you have a good news...

Please dont take anymore time to call your solicitor, call him now and ask him what about the letter HO has sent??

Please Update us later...

[die_hard]

As per the UKVI website, they still haven't abolished the PBS dependent transition route. If you follow the below link, it gives the 2 years transitional option to apply for SET(M) ILR,

https://www.gov.uk/settle-in-the-uk/y/y ... isa/tier-1

Eligibility
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

https://www.gov.uk/settle-in-the-uk/y/y ... isa/tier-1

Hi T.Ahmad,
Your wife will be applying FLR(M) application form. I would take it that she was a PBS dependent before July 2012, so she don't need to prove the income trash hold but she need to show that she can adequately maintain with out need for recourse to public funds. If you and her are both working than that could come handy as you could show some steady income, one more thing to notice here is that point based dependents before July 2012 can also show third party support, that family member back home have been sending you a certain amount just to help you, and all that adds up to make the application look good. You need to show your incomings and out goings, so you have to make the application look logical, means to say your incomings should be more than your out goings, hence showing that you have some savings and that you are left with enough money for the rainy days. I hope it all makes sense to you, but there is no set maintainance requirement as such.
Mind it your wife and you both would need to pass life in UK and English language test. I hope it helps.
Thanks.
Regards
Shahjee

Hi I think now after 6th April you have to prove Income as Law has been changed and PBS dependents are excluded from transitional arrangement. We have discussed in detail in last few days about it. So please check with senior pros here and with a good solicitor before you apply as if u dont show ur income they may refuse it and you loose your fee. Please see the following change you may argue but I have checked with few solicitors as well now PBS dependent cant take Transitional route for FLR (M) application. Have a look at change


Requirements for an extension of stay as the spouse or civil partner of a
person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant; [/quote][/quote]

Once they have abolished PBS dependent from Transition route then you have to go for 5 year route and full fill all the requirements. But please read follow Amber and vinny they have explained every thing in detail.[/quote]

[KashRIz]

the link you shared clearly says
Eligibility
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012. f

PBS is not settled person in UK. 284 (c) amendment clearly says that leave before july 2012 should not be as PBS dependent. I shared it

As per the UKVI website, they still haven't abolished the PBS dependent transition route. If you follow the below link, it gives the 2 years transitional option to apply for SET(M) ILR,

https://www.gov.uk/settle-in-the-uk/y/y ... isa/tier-1

Eligibility
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

https://www.gov.uk/settle-in-the-uk/y/y ... isa/tier-1
Hi I think now after 6th April you have to prove Income as Law has been changed and PBS dependents are excluded from transitional arrangement. We have discussed in detail in last few days about it. So please check with senior pros here and with a good solicitor before you apply as if u dont show ur income they may refuse it and you loose your fee. Please see the following change you may argue but I have checked with few solicitors as well now PBS dependent cant take Transitional route for FLR (M) application. Have a look at change


Requirements for an extension of stay as the spouse or civil partner of a
person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant;

[/quote]

Once they have abolished PBS dependent from Transition route then you have to go for 5 year route and full fill all the requirements. But please read follow Amber and vinny they have explained every thing in detail.[/quote][/quote]

[die_hard]

Ok not PBS but dependent of ILR or settled person.

So when you get ILR (SET(LR)) your dependent will be partner of a settled person. Then you could use that link to check the eligibility and apply for SET(M) as partner of a settled person ??

the link you shared clearly says
Eligibility
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

PBS is not settled person in UK

As per the UKVI website, they still haven't abolished the PBS dependent transition route. If you follow the below link, it gives the 2 years transitional option to apply for SET(M) ILR,

https://www.gov.uk/settle-in-the-uk/y/y ... isa/tier-1

Eligibility
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

https://www.gov.uk/settle-in-the-uk/y/y ... isa/tier-1
Hi I think now after 6th April you have to prove Income as Law has been changed and PBS dependents are excluded from transitional arrangement. We have discussed in detail in last few days about it. So please check with senior pros here and with a good solicitor before you apply as if u dont show ur income they may refuse it and you loose your fee. Please see the following change you may argue but I have checked with few solicitors as well now PBS dependent cant take Transitional route for FLR (M) application. Have a look at change


Requirements for an extension of stay as the spouse or civil partner of a
person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant;

Once they have abolished PBS dependent from Transition route then you have to go for 5 year route and full fill all the requirements. But please read follow Amber and vinny they have explained every thing in detail.[/quote][/quote][/quote]

[KashRIz]

No you cant as they made this correction to stop people using PBS dependent leave towards spouse of Settled person. If you read thorough last week or so we have discussed this in details. I had same view as urs but you kno HO is champion in breaking hopes....

Ok not PBS but dependent of ILR or settled person.

So when you get ILR (SET(LR)) your dependent will be partner of a settled person. Then you could use that link to check the eligibility and apply for SET(M) as partner of a settled person ??

the link you shared clearly says
Eligibility
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

PBS is not settled person in UK

As per the UKVI website, they still haven't abolished the PBS dependent transition route. If you follow the below link, it gives the 2 years transitional option to apply for SET(M) ILR,

https://www.gov.uk/settle-in-the-uk/y/y ... isa/tier-1

Eligibility
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

https://www.gov.uk/settle-in-the-uk/y/y ... isa/tier-1
Hi I think now after 6th April you have to prove Income as Law has been changed and PBS dependents are excluded from transitional arrangement. We have discussed in detail in last few days about it. So please check with senior pros here and with a good solicitor before you apply as if u dont show ur income they may refuse it and you loose your fee. Please see the following change you may argue but I have checked with few solicitors as well now PBS dependent cant take Transitional route for FLR (M) application. Have a look at change


Requirements for an extension of stay as the spouse or civil partner of a
person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant;

Once they have abolished PBS dependent from Transition route then you have to go for 5 year route and full fill all the requirements. But please read follow Amber and vinny they have explained every thing in detail.

[/quote][/quote][/quote]

No you cant as they made this correction to stop people using PBS dependent leave towards spouse of Settled person. If you read thorough last week or so we have discussed this in details. I had same view as urs but you kno HO is champion in breaking hopes....

[die_hard]

So to whom or who would be eligible to apply as a dependent using the two year rule ?

You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012

[quote="KashRIz"]No you cant as they made this correction to stop people using PBS dependent leave towards spouse of Settled person. If you read thorough last week or so we have discussed this in details. I had same view as urs but you kno HO is champion in breaking hopes....

[ik_aam_insaan]

No sign of the courier yet as they say its on its way ...waiting waiting waiting

[KashRIz]

Dont worry mate u will get it if not today def tomorrow ...just chill and enjoy the moment.

No sign of the courier yet as they say its on its way ...waiting waiting waiting

[shahjee1234]

Hello Dear,
I am going to apply ILR SET (LR), 8 years Student + 2 Years PSW. in August 2014.
the questions are about my wife visa, she joined me as my dependent in 2008. and her visa is expiring same time as mine.

what visa can she apply and which application form ?


also does she needs to show any income or maintenance ?


Many Thanks

Hi T.Ahmad,
Your wife will be applying FLR(M) application form. I would take it that she was a PBS dependent before July 2012, so she don't need to prove the income trash hold but she need to show that she can adequately maintain with out need for recourse to public funds. If you and her are both working than that could come handy as you could show some steady income, one more thing to notice here is that point based dependents before July 2012 can also show third party support, that family member back home have been sending you a certain amount just to help you, and all that adds up to make the application look good. You need to show your incomings and out goings, so you have to make the application look logical, means to say your incomings should be more than your out goings, hence showing that you have some savings and that you are left with enough money for the rainy days. I hope it all makes sense to you, but there is no set maintainance requirement as such.
Mind it your wife and you both would need to pass life in UK and English language test. I hope it helps.
Thanks.
Regards
Shahjee

Hi I think now after 6th April you have to prove Income as Law has been changed and PBS dependents are excluded from transitional arrangement. We have discussed in detail in last few days about it. So please check with senior pros here and with a good solicitor before you apply as if u dont show ur income they may refuse it and you loose your fee. Please see the following change you may argue but I have checked with few solicitors as well now PBS dependent cant take Transitional route for FLR (M) application. Have a look at change


Requirements for an extension of stay as the spouse or civil partner of a
person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant;

Hi KashRIZ,
Let's be very clear, there is no change to Section 7 about income trash hold and maintenance. So don't know what changes are you referring to, as the question was clearly about PBS dependent before 09th July 2012, and if you see FLR(M) and go to the beggining of section 7-A page 18, regards to Financial Requirement, it begins by saying
" If you were granted leave to enter or remain as a partner following an application made before the 09th July 2012 you are not required to complete section 7A, proceed to 7B MAINTENANCE"
Don't see any change in this as I applied for my wife before the changes happened. Rule regards to income trash hold and maintenance remains the same.
Gurus and senior members please clarify on this.
Regards
Shahjee

[shahjee1234]

So to whom or who would be eligible to apply as a dependent using the two year rule ?

You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012

No you cant as they made this correction to stop people using PBS dependent leave towards spouse of Settled person. If you read thorough last week or so we have discussed this in details. I had same view as urs but you kno HO is champion in breaking hopes....

2 years apply to cases where PBS dependent was issued visa before 09th July 2012.
Dependents who have applied for FLR(M) before the 06th April 2014 can still combine there time as PBS dependent and time as dependent of a settled person, and their qualifying time is 2 years.
Any body apply after the 06th April 2014, and already a PBS dependent prior to 09th July 2012, will get a two years visa and will qualify for their indefinite leave to remain after that 2 years.
Any dependent who became a PBS dependent after 09th July 2012, and is applying now will have to qualify under the 5 years rule. So let's all stop confusing things here. Thanks.
Regards
Shahjee

[esmsi]

My wife(Tier1 dependant ) applied before 6th april 2014 for flr(M).Money debit today (Cheque).

Confused about changes.Main applicant ILR now on 10 years rule in Feb 2014.

[die_hard]

Refer to this thread. You will get your answer -

http://www.immigrationboards.com/immigr ... 61896.html



Hi KashRIZ,
Let's be very clear, there is no change to Section 7 about income trash hold and maintenance. So don't know what changes are you referring to, as the question was clearly about PBS dependent before 09th July 2012, and if you see FLR(M) and go to the beggining of section 7-A page 18, regards to Financial Requirement, it begins by saying
" If you were granted leave to enter or remain as a partner following an application made before the 09th July 2012 you are not required to complete section 7A, proceed to 7B MAINTENANCE"
Don't see any change in this as I applied for my wife before the changes happened. Rule regards to income trash hold and maintenance remains the same.
Gurus and senior members please clarify on this.
Regards
Shahjee[/quote]

[die_hard]

So my wife is as my Tier 2 dependent since Sept 2011 and I would be applying for SET(LR) in august 2014. I would apply for her FLR(M) following my application as her visa expires in Sept 2014.

So how long she would have to wait to apply for her ILR through SET(M) after she gets her FLR(M) ?

So to whom or who would be eligible to apply as a dependent using the two year rule ?

You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012

No you cant as they made this correction to stop people using PBS dependent leave towards spouse of Settled person. If you read thorough last week or so we have discussed this in details. I had same view as urs but you kno HO is champion in breaking hopes....

2 years apply to cases where PBS dependent was issued visa before 09th July 2012.
Dependents who have applied for FLR(M) before the 06th April 2014 can still combine there time as PBS dependent and time as dependent of a settled person, and their qualifying time is 2 years.
Any body apply after the 06th April 2014, and already a PBS dependent prior to 09th July 2012, will get a two years visa and will qualify for their indefinite leave to remain after that 2 years.
Any dependent who became a PBS dependent after 09th July 2012, and is applying now will have to qualify under the 5 years rule. So let's all stop confusing things here. Thanks.
Regards
Shahjee

[msmussaf]

Hi

I have gone through the changes in HC1138 according to my understanding its nothing to do with the income threshold, basically it is restricting the dependents of long residents to apply for Settlement directly. See

7.11. Corrections are being made to enforce the intention that only dependants of
individuals who qualified for settlement under the Points-Based System can
apply for settlement as dependants of Points-Based System Migrants.
Previously the Immigration Rules allowed dependents of those who qualified
for settlement on the basis of long residence to also apply. The change will
mean such dependants will need to apply for leave to remain under the rules
for family members in Appendix FM before they can qualify for settlement.

So who applied before 6th of april thats. OK because they are saying previously it was allowed. So after getting FLR M apply SET M straightaway, If already spent 2 years as dependent of PBS.

Who applied after 6th april they can get the visa on FLR M but need to wait for 5 years for settlement.

[rmkirfan]

Hello Dear,

Hi KashRIZ,
Let's be very clear, there is no change to Section 7 about income trash hold and maintenance. So don't know what changes are you referring to, as the question was clearly about PBS dependent before 09th July 2012, and if you see FLR(M) and go to the beggining of section 7-A page 18, regards to Financial Requirement, it begins by saying
" If you were granted leave to enter or remain as a partner following an application made before the 09th July 2012 you are not required to complete section 7A, proceed to 7B MAINTENANCE"
Don't see any change in this as I applied for my wife before the changes happened. Rule regards to income trash hold and maintenance remains the same.
Gurus and senior members please clarify on this.
Regards
Shahjee

You are Right shahjee. Completely agree with above statement, clearly mentioned in FLR (M)Application itself.(beginning of section 7-A page 18).

[rmkirfan]

So to whom or who would be eligible to apply as a dependent using the two year rule ?

You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012

No you cant as they made this correction to stop people using PBS dependent leave towards spouse of Settled person. If you read thorough last week or so we have discussed this in details. I had same view as urs but you kno HO is champion in breaking hopes....

2 years apply to cases where PBS dependent was issued visa before 09th July 2012.
Dependents who have applied for FLR(M) before the 06th April 2014 can still combine there time as PBS dependent and time as dependent of a settled person, and their qualifying time is 2 years.
Any body apply after the 06th April 2014, and already a PBS dependent prior to 09th July 2012, will get a two years visa and will qualify for their indefinite leave to remain after that 2 years.
Any dependent who became a PBS dependent after 09th July 2012, and is applying now will have to qualify under the 5 years rule. So let's all stop confusing things here. Thanks.
Regards
Shahjee

I Agree with shahjee comments, makes more sense.

[maaan143]

Hi

I have gone through the changes in HC1138 according to my understanding its nothing to do with the income threshold, basically it is restricting the dependents of long residents to apply for Settlement directly. See

7.11. Corrections are being made to enforce the intention that only dependants of
individuals who qualified for settlement under the Points-Based System can
apply for settlement as dependants of Points-Based System Migrants.
Previously the Immigration Rules allowed dependents of those who qualified
for settlement on the basis of long residence to also apply. The change will
mean such dependants will need to apply for leave to remain under the rules
for family members in Appendix FM before they can qualify for settlement.

So who applied before 6th of april thats. OK because they are saying previously it was allowed. So after getting FLR M apply SET M straightaway, If already spent 2 years as dependent of PBS.

Who applied after 6th april they can get the visa on FLR M but need to wait for 5 years for settlement.

I personally think msmussaf is right ...

Bcaz we have tried to get SET(M) directly on 04-04-2014 in liverpool by quoting the above paragraph. Officer was saying although its not clear for PBS dependant to apply SET(M) but in order to claim 2 years old time you need to match your FLR with your partner visa which mean FLR(M) ist ... AND i personally think this was good logic he also accepted that we gave SET(M) without switching on FLR(M).


My assumption on new law is that

everything is same BUT

You can't apply SET(M) direct from 06 April 2014.

You can still claim old PBS dependant time in SET(M) and FLR(M).

IF PBS dependant came before 9 July 2012 and applying FLR(M) after 6 April 2014 their visa will be 2 years and they will also include OLD time as well.

If anyone want to try i think

they should book PEO appointment and try if they say no they not gonna loose fees ... but must apply FLR(M) or SET(M) by using Part8 and do not fill 7A in FLR(M) ... JUST FILL 7B ...

Regards

[ik_aam_insaan]

Brp recieved issued 7 april
Documents by tommorow.
Good luck to all waiting ...