ILR for dependent Tier 1 General

[Sal2007]

Hi all,

My wife will apply for ILR based on completion of 2 years (28 days before completing 2yrs) as a PBS(Tier 1 General) dependent 2nd week of April 2014. Please advice which route would be the most suitable for her.

Her (dependent's) details as below:

PBS Tier 1 General dependent visa stamped on her passport = 22/02/2012 valid till 19/08/12
Arrived in UK = 6/05/2012
Further leave to remain issued on 16/08/2012 valid till 06/05/14
We filled FLR(M) for her extension and took to PEO but the case worker mentioned that we have used incorrect form. She was a nice lady and gave us another form on the spot and we filled and submitted, so further leave to remain issued. Now we can not remember what form case worker gave us. The case worker confirmed at that time that my wife would be able to apply for ILR after completing two years period.

LIUK test passed.
Degree taught in English(got confirmation letter from uni + applied for NARIC confirmation as well)


Details of sponsor:

I had leave to remain Tier 1 General PBS till 19th August 2012. I received my ILR(after completing 5yrs - 2yrs Work permit than 3 yrs PBS Tier 1 General) on 16/8/12 and the same day my wife received her further leave to remained as a dependent. Now I am British Citizen. Our baby born in August 2014 and we have already received British passport for him.


Few question regarding my wife's ILR(PBS dependent)

1. What is the earliest date she can apply for her ILR(dependent)?
2. Which form does she need to use for ILR?
3. Is mim. income threshold required? What would be the threshold amount (wife and one baby)?

We read few threads regarding changes to PBS dependent immigration rules which will be coming into effect from 6th April 2014 and now worried what to do.
Any guru/senior member please advise. Your help will be appreciated.

Regards
Sal

[Sal2007]

Senior members/gurus please advise.

Hi all,

My wife will apply for ILR based on completion of 2 years (28 days before completing 2yrs) as a PBS(Tier 1 General) dependent 2nd week of April 2014. Please advice which route would be the most suitable for her.

Her (dependent's) details as below:

PBS Tier 1 General dependent visa stamped on her passport = 22/02/2012 valid till 19/08/12
Arrived in UK = 6/05/2012
Further leave to remain issued on 16/08/2012 valid till 06/05/14
We filled FLR(M) for her extension and took to PEO but the case worker mentioned that we have used incorrect form. She was a nice lady and gave us another form on the spot and we filled and submitted, so further leave to remain issued. Now we can not remember what form case worker gave us. The case worker confirmed at that time that my wife would be able to apply for ILR after completing two years period.

LIUK test passed.
Degree taught in English(got confirmation letter from uni + applied for NARIC confirmation as well)


Details of sponsor:

I had leave to remain Tier 1 General PBS till 19th August 2012. I received my ILR(after completing 5yrs - 2yrs Work permit than 3 yrs PBS Tier 1 General) on 16/8/12 and the same day my wife received her further leave to remained as a dependent. Now I am British Citizen. Our baby born in August 2014 and we have already received British passport for him.


Few question regarding my wife's ILR(PBS dependent)

1. What is the earliest date she can apply for her ILR(dependent)?
2. Which form does she need to use for ILR?
3. Is mim. income threshold required? What would be the threshold amount (wife and one baby)?

We read few threads regarding changes to PBS dependent immigration rules which will be coming into effect from 6th April 2014 and now worried what to do.
Any guru/senior member please advise. Your help will be appreciated.

Regards
Sal

[Amber]

SET(O), B1 English and LIUK required. Can apply once she has completed 2 years as a PBS dep. She should have been given three years leave. It makes me think that she was issued FLR(M), as that would have been 2 years leave. If she was issued FLR(M) then it needs to be SET(M). What does the BRP state?

[Sal2007]

SET(O), B1 English and LIUK required. Can apply once she has completed 2 years as a PBS dep. She should have been given three years leave. It makes me think that she was issued FLR(M), as that would have been 2 years leave. If she was issued FLR(M) then it needs to be SET(M). What does the BRP state?

Hi Amber,

Thanks for your reply.

BRP states;

type of permit: LEAVE TO REMAIN
remarks: WORK PERMITTED

BACKSIDE OF BPR:
REMARKS: NO PUBLIC FUNDS

We are sure that the FLR(M) application form (version 07/2012) we submitted for my wife 'leave to remain' was returned by the case worker. We have still got the same application form returned at PEO.
If I ring UKBA to confirm the status/form was used to get leave to remain, will they provide such information?

Thanks for your help.

Regards
Sal

[Amber]

They should, give them a ring.

[Sal2007]

SET(O), B1 English and LIUK required. Can apply once she has completed 2 years as a PBS dep. She should have been given three years leave. It makes me think that she was issued FLR(M), as that would have been 2 years leave. If she was issued FLR(M) then it needs to be SET(M). What does the BRP state?

Hi Amber,

Whether the extension was based on PBS dependent or FLR(M), can she still apply for ILR after completing 2 years either SET(O) or SET(M)?
Will the news rules come into effect from 6th April 14 would create any problem to her ILR?

REgards
Sal

[Sal2007]

Hi All,

Today I rang UKBA and I was told that my wife's 'LEAVE TO REMAIN' was issued on 'outside rules'. The lady on the phone has not said anything about the 'outside rules'. She suggested that we should write to the PEO officer who issued my wife LEAVE TO REMAIN for further details. She also suggested that after completing two years my wife can apply for ILR - SET(O). Now I am totally confused why leave to remain visa was issued on the basis of 'outside rules' at first place and whether my wife can apply for ILR? After todays call I believe the people in the ukba customer service are not that good regarding immigration rules. Please advise me what would be the best route for ILR.

Thanks for your help.

REgards
Sal

[Amber]

FLR(O) shouldn't have been granted outside the rules but as a PBS dep. SET(O) would be correct after two years as a PBS dep, so long as that was the leave granted.

[Sal2007]

FLR(O) shouldn't have been granted outside the rules but as a PBS dep. SET(O) would be correct after two years as a PBS dep, so long as that was the leave granted.

Hi Amber,

I will get a PEO appointment. My wife will apply for ILR - SET(O) next month. However, we are not sure how will UKBA will treat our SET(O) because of the category of the last leave granted (outside rules), I hope not, if they refused to accept SET(O), what would be remaining options for my wife? Should she apply for FLR(M)? SET(M) etc? If they do not accept SET(O) would they consider SET(M)?
1. my wife's last leave was granted 'outside rules' even though I had ILR at that time?
2. leave was not granted on PBS Tier 1?
Thanks for your help.

Regards
Sal

[Amber]

If it was granted on Article 8 reasons after July 2012, it's a 10 years route to settlement.

[Sal2007]

If it was granted on Article 8 reasons after July 2012, it's a 10 years route to settlement.

Hi Amber,

I have written to PEO Caseworker for clarification and the reasons why leave was granted 'outside rule'.
Can we challenge their decision made to grant leave on 'outside rules'?
I think they had selected the incorrect route to grant leave to remain because;
1. there was not any reason to grant such visa
2. our circumstances were not like that they should have grant a leave 'outside rules'.
3. We had not applied for leave to remain on article 8.

10 yrs route for settlement is almost impossible for us.
IS there any other route we can take?

Thanks for you help.

Regards
Sal

[Amber]

If for example you applied for FLR(M) but did not meet the requirements, the leave could have been considered under private/family life.

[Sal2007]

Hi All,

UKBA has confirmed that my wife can apply for ILR -SET(O) after completing 2 yrs in UK. Is there any maintenance(funds) requirement for pre 8 July 2012 applicants? If yes, what is the threshold amount per annum and is there any condition of maintain a minimum amount in the account etc for three months-?

Regards
Sal

[Amber]

I would be dubious who told you that. LOTR is not a PBS dep.