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SET(M) application has not been accepted to Proceed

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bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

SET(M) application has not been accepted to Proceed

Post by bonga » Thu Mar 27, 2014 5:07 pm

Hi,

My spouse has recently get ILR under my settlement on 10yr LR, at 19th March Croydon (PEO). BOI not arrived yet. Today we have applied SET(M) Croydon (PEO), BIO was an issue but that was not the case. Case worker came and told that she have done our case for FLR(M). And she has done mistake last time as she gave her visa of 2 years without watching properly, which my spouse not entitled as Tire 4 PBS dependent not work permit she should get a 5 years visa. However she said we are keeping existing approval and please come after 2 years of qualifying period with reference of her senior case worker.

Then I have explain the rules of 2 years route come under 284 and so 287(a)(i)(d) should apply for her and I said even if it is 5 years route she is also qualify as she has been uk with me 8 years.

Then she let us wait and back after around more than an hour and replied no the same and so for this application they will not charge and return the fee back to account and replied same again Tire4 previous PBS will not qualify.

She quoted and don't want to give the print , I requested and took picture as reference why not to qualify the exiting PBS dependent time as a qualifying period even though previously my other friends took ILR in both 2 and 5 years route.

The txt was
"Dependence of PBS TIre 4 and Tire 5 migrants
The partner of a point based system migrant not on a route to settlement cannot,
with effect to application made on or after 6th April 2013 switch into the 11 partner route under paragraph 284 and amalgamate there leave as a partner under both routes towards the qualifying period for settlement.
April 2013 CHS-Family Members, sect1 - Spouses (General)
"

So no success and no loss of money (Only £100), any way she is qualifying for 10 yr ILR Next June 15 and Feb 2016 for SEt(M) as spouse.

The case worker lady was convince the way we explained but as refer to senior case worker she refuse and we are not lawyer to emphasise all rules we have to back home. we said even if you want to give 5 years we should qualify ..Only once she said do we want 5 years ..I thought it was good stay as 2 years visa and keep as it is.

My questions are

1. is there any rules like they said April 2013 CHS-Family Members, sect1. Spouse1.. which protect the Tire 4 PBS dependent period as qualifying for Set (M)

2. why her Tire 4 PBS period was not taken into account for qualifying period

2. is the new rules of 6th April 2014 will any effect on her this situation

3. Do I need any thing to do it get it quickly, is any law or section will over come.

4 if there any shall we apply again or have to wait till the above time come to mature .

only thing I was trying to sort this quick as possible so we will be come out from immigration controls and apply naturalisation after a year and move on ...

Do any one have any suggestions then that will be great....
Thnaks

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Thu Mar 27, 2014 5:40 pm

in addition of that
I just found the whole details ..following in the Link
https://www.gov.uk/government/uploads/s ... on1_1_.pdf

Page 10-11

Dependants of PBS Tier 4 and Tier 5 migrants

The partner of a points based system migrant not on a route to settlement
cannot, with effect to applications made on or after 6 April 2013, switch into the April 2013 CH8 – Family Members, Sect1 – Spouses (General)
11
partner route under paragraph 284 and amalgamate their leave as a partner
under both routes towards the qualifying period for settlement.

Tier 5 (Temporary Worker) migrants who were granted leave as a private
servant in a diplomatic household following an application to enter or remain in
the UK submitted before 6 April 2012 were on a route to settlement. Therefore,
any dependants are eligible to meet the immigration status requirement at
paragraph 284(i)(b). "

Any one have any idea do we have any chance to get ILR and apply now again ...to qualify our previous Tire 4 PBS duration as qualifying period...

GOd Helps
Member
Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: SET(M) application has not been accepted to Proceed

Post by GOd Helps » Thu Mar 27, 2014 5:47 pm

bonga wrote:Hi,

My spouse has recently get ILR under my settlement on 10yr LR, at 19th March Croydon (PEO). BOI not arrived yet. Today we have applied SET(M) Croydon (PEO), BIO was an issue but that was not the case. Case worker came and told that she have done our case for FLR(M). And she has done mistake last time as she gave her visa of 2 years without watching properly, which my spouse not entitled as Tire 4 PBS dependent not work permit she should get a 5 years visa. However she said we are keeping existing approval and please come after 2 years of qualifying period with reference of her senior case worker.

Then I have explain the rules of 2 years route come under 284 and so 287(a)(i)(d) should apply for her and I said even if it is 5 years route she is also qualify as she has been uk with me 8 years.

Then she let us wait and back after around more than an hour and replied no the same and so for this application they will not charge and return the fee back to account and replied same again Tire4 previous PBS will not qualify.

She quoted and don't want to give the print , I requested and took picture as reference why not to qualify the exiting PBS dependent time as a qualifying period even though previously my other friends took ILR in both 2 and 5 years route.

The txt was
"Dependence of PBS TIre 4 and Tire 5 migrants
The partner of a point based system migrant not on a route to settlement cannot,
with effect to application made on or after 6th April 2013 switch into the 11 partner route under paragraph 284 and amalgamate there leave as a partner under both routes towards the qualifying period for settlement.
April 2013 CHS-Family Members, sect1 - Spouses (General)
"

So no success and no loss of money (Only £100), any way she is qualifying for 10 yr ILR Next June 15 and Feb 2016 for SEt(M) as spouse.

The case worker lady was convince the way we explained but as refer to senior case worker she refuse and we are not lawyer to emphasise all rules we have to back home. we said even if you want to give 5 years we should qualify ..Only once she said do we want 5 years ..I thought it was good stay as 2 years visa and keep as it is.

My questions are

1. is there any rules like they said April 2013 CHS-Family Members, sect1. Spouse1.. which protect the Tire 4 PBS dependent period as qualifying for Set (M)

2. why her Tire 4 PBS period was not taken into account for qualifying period

2. is the new rules of 6th April 2014 will any effect on her this situation

3. Do I need any thing to do it get it quickly, is any law or section will over come.

4 if there any shall we apply again or have to wait till the above time come to mature .

only thing I was trying to sort this quick as possible so we will be come out from immigration controls and apply naturalisation after a year and move on ...

Do any one have any suggestions then that will be great....
Thnaks
what maintenance you showed.

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Thu Mar 27, 2014 6:04 pm

GOd Helps wrote:
bonga wrote:Hi,

My spouse has recently get ILR under my settlement on 10yr LR, at 19th March Croydon (PEO). BOI not arrived yet. Today we have applied SET(M) Croydon (PEO), BIO was an issue but that was not the case. Case worker came and told that she have done our case for FLR(M). And she has done mistake last time as she gave her visa of 2 years without watching properly, which my spouse not entitled as Tire 4 PBS dependent not work permit she should get a 5 years visa. However she said we are keeping existing approval and please come after 2 years of qualifying period with reference of her senior case worker.

Then I have explain the rules of 2 years route come under 284 and so 287(a)(i)(d) should apply for her and I said even if it is 5 years route she is also qualify as she has been uk with me 8 years.

Then she let us wait and back after around more than an hour and replied no the same and so for this application they will not charge and return the fee back to account and replied same again Tire4 previous PBS will not qualify.

She quoted and don't want to give the print , I requested and took picture as reference why not to qualify the exiting PBS dependent time as a qualifying period even though previously my other friends took ILR in both 2 and 5 years route.

The txt was
"Dependence of PBS TIre 4 and Tire 5 migrants
The partner of a point based system migrant not on a route to settlement cannot,
with effect to application made on or after 6th April 2013 switch into the 11 partner route under paragraph 284 and amalgamate there leave as a partner under both routes towards the qualifying period for settlement.
April 2013 CHS-Family Members, sect1 - Spouses (General)
"

So no success and no loss of money (Only £100), any way she is qualifying for 10 yr ILR Next June 15 and Feb 2016 for SEt(M) as spouse.

The case worker lady was convince the way we explained but as refer to senior case worker she refuse and we are not lawyer to emphasise all rules we have to back home. we said even if you want to give 5 years we should qualify ..Only once she said do we want 5 years ..I thought it was good stay as 2 years visa and keep as it is.

My questions are

1. is there any rules like they said April 2013 CHS-Family Members, sect1. Spouse1.. which protect the Tire 4 PBS dependent period as qualifying for Set (M)

2. why her Tire 4 PBS period was not taken into account for qualifying period

2. is the new rules of 6th April 2014 will any effect on her this situation

3. Do I need any thing to do it get it quickly, is any law or section will over come.

4 if there any shall we apply again or have to wait till the above time come to mature .

only thing I was trying to sort this quick as possible so we will be come out from immigration controls and apply naturalisation after a year and move on ...

Do any one have any suggestions then that will be great....
Thnaks
what maintenance you showed.
with my understanding I though she may would be in previous rule and will be qualify for FLR(M) section 7B and regarding this I have wrote a lot in this forum, so I have done only maintenance part. But I took 7A separately they didn't ask at PEO so I didn't gave, How ever case worker mentioned she only copy my payslip that day..I have submitted with all the same doc 2day and realise she copied most of them. I think as I filled up only 7B she get confused and didn't chk the previous PBS dependent status. Apparently both of our salary together will cover the 18600, which we have mentioned today and poof was there.

http://www.immigrationboards.com/immigr ... l#p1005947

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: SET(M) application has not been accepted to Proceed

Post by ahyang0129 » Thu Mar 27, 2014 6:36 pm

you need to fill section 7A only if you're on 5 year route, and for this route the 5 year probationary period starts from the date you get FLR(M).

i believe they made a mistake and IDI is not the proper legal ground. immigration rules para 319AA clearly defines what is a Relevant Points Based System Migrant, which include tier 4. they should not ignore this. i recall that in july 2012 there was a case in which the supreme court ruled that everything which will affect whether an applicant qualify for entry clearance or leave to remain must be laid in the Immigration Rules (R (Alvi) v Secretary of State for the Home Department [2012]). and the home office responded by moving everything which was written in then IDI Annex FM 1.7 into a new Appendix FM-SE of the Immigration rules and ran it through the parliament within days.

the IDI you found was written in the context that home office intended to change the rule on 6 apr 2013 to exclude dependents of tier-4, tier-5 and other migrants not on route to settlement. But they failed because of a mistake, which is explained here.

i don't know what to suggest but i guess you need a proper solicitor. and please other experts comment on this case.

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Thu Mar 27, 2014 6:58 pm

ahyang0129 wrote:1. you need to fill section 7A only if you're on 5 year route, and for this route the 5 year probationary period starts from the date you get FLR(M).

2. i believe they made a mistake and IDI is not the proper legal ground. immigration rules para 319AA clearly defines what is a Relevant Points Based System Migrant, which include tier 4. they should not ignore this. i recall that in july 2012 there was a case in which the supreme court ruled that everything which will affect whether an applicant qualify for entry clearance or leave to remain must be laid in the Immigration Rules (R (Alvi) v Secretary of State for the Home Department [2012]). and the home office responded by moving everything which was written in then IDI Annex FM 1.7 into a new Appendix FM-SE of the Immigration rules and ran it through the parliament within days.

3. the IDI you found was written in the context that home office intended to change the rule on 6 apr 2013 to exclude dependents of tier-4, tier-5 and other migrants not on route to settlement. But they failed because of a mistake, which is explained here.


4. i don't know what to suggest but i guess you need a proper solicitor. and please other experts comment on this case.
yes I have showed them 319AA Relevant Points Based System Migrant explanation , but she ignored ..showed IDI ..I didn't know your case reference, other wise I would have argue that as well, anything after 2013 need to support that would necessary to convince ..they said they made mistake and put her only 2 years route which might to be 5 years route ..but through the forum her PBS dependent before july 2012 and so I presume I should and did apply as an old rules ...get FLR with 7B

All I have done so far set lr/ flr m/ MN1 with the kind help of all of the members here, and really appreciated. don't know any good solicitor whom can I depend with reasonable cost.

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: SET(M) application has not been accepted to Proceed

Post by ahyang0129 » Thu Mar 27, 2014 7:22 pm

another thing is that para 284 simply does not prevent dependents of tier-4 or tier-5 from switching to FLR(M) as long as their visa are valid for longer than 6 months. please read carefully the current 284 (i) (due to change on 6 apr 2014). the text in the IDI you quote simply makes no sense.

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Thu Mar 27, 2014 10:39 pm

Thanks ...

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: SET(M) application has not been accepted to Proceed

Post by vinny » Fri Mar 28, 2014 1:29 am

bonga wrote:I have showed them 319AA Relevant Points Based System Migrant explanation , but she ignored ..showed IDI ..
If properly trained, then she should be aware that the rules trumps the IDI.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: SET(M) application has not been accepted to Proceed

Post by ahyang0129 » Fri Mar 28, 2014 1:37 am

please see this link

quote:
"However, in the context of the paragraphs [287(a)(i)(d) and 287(a)(i)(e)] you mention, the "Relevant Points Based System Migrant" must now be present and settled in the UK. Tier 1 (PSW) and Tier 4 (General) are not routes to settlement. The only way in which migrants in those routes could qualify for settlement would be on the basis of 10 years' long residence in the UK."

this means once those Relevant Points Based System Migrants (including those who are not on route to settlement) are settled and present in the UK, their spouses (who switch to FLR(M) via 284) can benefit from 287 (a)(i)(d).

i'll suggest (if you are not going to find a solicitor) you to write a cover letter citing all the info. mentioned above and explaining what happened at the PEO and apply via post again, and possibly make a request to refund your £100 appointment fee. good luck.

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Fri Mar 28, 2014 10:34 am

vinny wrote:
bonga wrote:I have showed them 319AA Relevant Points Based System Migrant explanation , but she ignored ..showed IDI ..
If properly trained, then she should be aware that the rules trumps the IDI.
Hi vinny, thanks for sharing your valuable information, and I have seen the 3 links but a vast area would you please do a little favour to help me ..where I have to look for ...then that will be great..

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Fri Mar 28, 2014 10:39 am

ahyang0129 wrote:please see this link

quote:
"However, in the context of the paragraphs [287(a)(i)(d) and 287(a)(i)(e)] you mention, the "Relevant Points Based System Migrant" must now be present and settled in the UK. Tier 1 (PSW) and Tier 4 (General) are not routes to settlement. The only way in which migrants in those routes could qualify for settlement would be on the basis of 10 years' long residence in the UK."

this means once those Relevant Points Based System Migrants (including those who are not on route to settlement) are settled and present in the UK, their spouses (who switch to FLR(M) via 284) can benefit from 287 (a)(i)(d).

i'll suggest (if you are not going to find a solicitor) you to write a cover letter citing all the info. mentioned above and explaining what happened at the PEO and apply via post again, and possibly make a request to refund your £100 appointment fee. good luck.
Thanks a lot ahyang...really appreciated for your advice ..I will try...that will be a good idea by post ..
Please let us know any update ..is she will have any difference on her application before or after 6th april for her ST(M) to apply ILR ?

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: SET(M) application has not been accepted to Proceed

Post by vinny » Fri Mar 28, 2014 11:04 am

bonga wrote:
vinny wrote:
bonga wrote:I have showed them 319AA Relevant Points Based System Migrant explanation , but she ignored ..showed IDI ..
If properly trained, then she should be aware that the rules trumps the IDI.
Hi vinny, thanks for sharing your valuable information, and I have seen the 3 links but a vast area would you please do a little favour to help me ..where I have to look for ...then that will be great..
Read through the second link.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: SET(M) application has not been accepted to Proceed

Post by ahyang0129 » Fri Mar 28, 2014 12:47 pm

bonga wrote:
Thanks a lot ahyang...really appreciated for your advice ..I will try...that will be a good idea by post ..
Please let us know any update ..is she will have any difference on her application before or after 6th april for her ST(M) to apply ILR ?
no, as long as she is issued the FLR(M) under 284 (ie 2 year route).

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Fri Mar 28, 2014 2:12 pm

ahyang0129 wrote:
bonga wrote:
Thanks a lot ahyang...really appreciated for your advice ..I will try...that will be a good idea by post ..
Please let us know any update ..is she will have any difference on her application before or after 6th april for her ST(M) to apply ILR ?
no, as long as she is issued the FLR(M) under 284 (ie 2 year route).
Thanks again
I believe she will be 2 years route as per PEO told and mentioned she did give 2 years visa by mistake instead of 5 years with out watching properly previous details..

so far I understood through the forum her previous Leave to Remain under Tire 4 BPS was 2011 thill 2014 . would allow her to apply under old rule .and march 2014 she got the FLR of 2 year what ever there mistake ...
My wondering is that if we wasn't there how could they reflect/inform us that mistake ..now they do want us keep it remain same and come after 2 years. not sure what to do and fight may will annoyed them and they will look for bot of our very details to figure out anything could help them to stop , which even we may dont know...

I have a question she is already 8 and half years now in Uk at June 2015 she will qualify her 10 year in uk but all the duration was t4 PBS/igs/spouse of settled person now .... is anything not allow her to qualify her 10 years LR application on 2015 ? ...

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Fri Mar 28, 2014 2:12 pm

ahyang0129 wrote:
bonga wrote:
Thanks a lot ahyang...really appreciated for your advice ..I will try...that will be a good idea by post ..
Please let us know any update ..is she will have any difference on her application before or after 6th april for her ST(M) to apply ILR ?
no, as long as she is issued the FLR(M) under 284 (ie 2 year route).
Thanks again
I believe she will be 2 years route as per PEO told and mentioned she did give 2 years visa by mistake instead of 5 years with out watching properly previous details..

so far I understood through the forum her previous Leave to Remain under Tire 4 BPS was 2011 thill 2014 . would allow her to apply under old rule .and march 2014 she got the FLR of 2 year what ever there mistake ...
My wondering is that if we wasn't there how could they reflect/inform us that mistake ..now they do want us keep it remain same and come after 2 years. not sure what to do and fight may will annoyed them and they will look for bot of our very details to figure out anything could help them to stop , which even we may dont know...

I have a question she is already 8 and half years now in Uk at June 2015 she will qualify her 10 year in uk but all the duration was t4 PBS/igs/spouse of settled person now .... is anything not allow her to qualify her 10 years LR application on 2015 ? ...

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: SET(M) application has not been accepted to Proceed

Post by ahyang0129 » Fri Mar 28, 2014 2:35 pm

1. they didn't make a mistake when issue the FLR(M) to your wife. they made the mistake when refusing her application for SET(M).

the thing is the reason they make the mistake in the latter is also the reason they mistakenly think they made a mistake in the former... (sorry if this sentence is a bit complicated...i didn't know that i can write a tongue twister.)

2. i don't see anything prevent her from qualifying for the 10 year lawful residence in June 2015, provided she didn't overstay her visa and there's no break (absent 180 days continuously or 540 days in total) in her lawful residence in the uk.

3. unless she plans to travel recently and need to have her passport and visa with her, i don't see the reason why you don't want to apply for SET(M) via post now. you should have all the documents ready after all. the only thing you need to do is writing a cover letter explaining what happened and what is the correct application of law.

another thing, i don't think you need to read the judgment vinny gave you sentence by sentence. if you're interested you can google a summary for that case. you only need to cite the case (as Alvi, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 33 (18 July 2012) ) to say the caseworker at PEO should not dismiss your application on the base of IDI, which is itself a mistake anyway.

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Fri Mar 28, 2014 5:00 pm

ahyang0129 wrote:1. they didn't make a mistake when issue the FLR(M) to your wife. they made the mistake when refusing her application for SET(M).

the thing is the reason they make the mistake in the latter is also the reason they mistakenly think they made a mistake in the former... (sorry if this sentence is a bit complicated...i didn't know that i can write a tongue twister.)

2. i don't see anything prevent her from qualifying for the 10 year lawful residence in June 2015, provided she didn't overstay her visa and there's no break (absent 180 days continuously or 540 days in total) in her lawful residence in the uk.

3. unless she plans to travel recently and need to have her passport and visa with her, i don't see the reason why you don't want to apply for SET(M) via post now. you should have all the documents ready after all. the only thing you need to do is writing a cover letter explaining what happened and what is the correct application of law.

another thing, i don't think you need to read the judgment vinny gave you sentence by sentence. if you're interested you can google a summary for that case. you only need to cite the case (as Alvi, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 33 (18 July 2012) ) to say the caseworker at PEO should not dismiss your application on the base of IDI, which is itself a mistake anyway.
really glad you valued advices ..yes I have gone through the vinny case, but wondering it was mostly on Pint based system, tire 2,I am not law student and very little knowledge to relate to this case and as it was also on 2012 where the IDI they mentioned is the april 2013, please let me know if I miss something

If I will understand from your post, would be a good idea with FW letter emplane..following.

1. with reference of PEO that they didn't accept with of IDI page 10-11 of Tire4 PBS dependent time is not under consideration for the qualifying period and refuse to proceed the application with refund.

2.. refer her that she will be entitled for 287 (a)(i)(d) for SET(m) to approve

3 Case reference Alvi, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 33 (18 July 2012) to relate the the Point based system

Please let me know if anything to add or amend if you think

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: SET(M) application has not been accepted to Proceed

Post by ahyang0129 » Fri Mar 28, 2014 6:15 pm

you just fill out SET(M) form normally.

your cover letter should state that

1. you are now applying for settlement based on the immigration rules para. 287.
2. your FLR(M) was granted before 6 apr 2014 and under para. 284: your previous pbs dependent visa was issued before 9 july 2012 and was valid LONGER THAN 6 MONTHS, so the requirement for FLR(M) set in the para. 284(i) (which is still in force on 5 apr 2014) was satisfied even though the visa was pbs dependent of tier 4 general.
3. according to para. 287 (a)(i)(d) you can amalgamate your leave as partner of Relevant Points Based System Migrant toward the qualifying period for settlement.
4. according to para. 319AA, tier 4 is included in the definition of Relevant Points Based System Migrant. this is also confirmed by the whaydotheyknow letter (print it out), which states the 10 year long residence route is the only way for tier 4 migrant to be settled and present in the UK in order to satisfy the requirements set by 287 (a)(i)(d).
5. your previous application at Croydon PEO was dismissed because the caseworker thought your FLR(M) was issued by mistake. and she referred to the text in the IDI as the reason for so doing.
6. you believe the caseworker at PEO was mistaken because that specific IDI is in contrary to the Immigration Rules, and it is established in the Alvi case that (as vinny said) Immigration Rules trumps IDI.
7. you believe you should have been granted SET(M) at the PEO if the caseworker didn't make the mistake. so (in addition to the application) you're requesting a refund for the £100 appointment fee as there's no fault on your side.

i'm not sure if i miss anything... why should we teach caseworkers how things should be done?

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Fri Mar 28, 2014 7:08 pm

ahyang0129 wrote:you just fill out SET(M) form normally.

your cover letter should state that

1. you are now applying for settlement based on the immigration rules para. 287.
2. your FLR(M) was granted before 6 apr 2014 and under para. 284: your previous pbs dependent visa was issued before 9 july 2012 and was valid LONGER THAN 6 MONTHS, so the requirement for FLR(M) set in the para. 284(i) (which is still in force on 5 apr 2014) was satisfied even though the visa was pbs dependent of tier 4 general.
3. according to para. 287 (a)(i)(d) you can amalgamate your leave as partner of Relevant Points Based System Migrant toward the qualifying period for settlement.
4. according to para. 319AA, tier 4 is included in the definition of Relevant Points Based System Migrant. this is also confirmed by the whaydotheyknow letter (print it out), which states the 10 year long residence route is the only way for tier 4 migrant to be settled and present in the UK in order to satisfy the requirements set by 287 (a)(i)(d).
5. your previous application at Croydon PEO was dismissed because the caseworker thought your FLR(M) was issued by mistake. and she referred to the text in the IDI as the reason for so doing.
6. you believe the caseworker at PEO was mistaken because that specific IDI is in contrary to the Immigration Rules, and it is established in the Alvi case that (as vinny said) Immigration Rules trumps IDI.
7. you believe you should have been granted SET(M) at the PEO if the caseworker didn't make the mistake. so (in addition to the application) you're requesting a refund for the £100 appointment fee as there's no fault on your side.

i'm not sure if i miss anything... why should we teach caseworkers how things should be done?

LOL we really need to help them. there the case worker talked with us also told me you did good home work and I don't even know all this details ...but I should have to call the senior case worker to come and chat , but I didn't :) ...
really appreciated. I am very happy to proceed .and just wait for BIO which should come Monday as spoke with DX .only a small question... do you think this re-apply SEt(M) will annoyed them and will try to find other way to refuse or which will make it more, complicated later or say ...they will look for my(sponsor) very details long background ..such as .study record or as I was in tire4 before settlement , may some time cross the work limit duration ..sorry we people afraid to much...please any comments
Thanks Again ..

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Fri Mar 28, 2014 7:14 pm

ahyang0129 wrote:you just fill out SET(M) form normally.

your cover letter should state that

1. you are now applying for settlement based on the immigration rules para. 287.
2. your FLR(M) was granted before 6 apr 2014 and under para. 284: your previous pbs dependent visa was issued before 9 july 2012 and was valid LONGER THAN 6 MONTHS, so the requirement for FLR(M) set in the para. 284(i) (which is still in force on 5 apr 2014) was satisfied even though the visa was pbs dependent of tier 4 general.
3. according to para. 287 (a)(i)(d) you can amalgamate your leave as partner of Relevant Points Based System Migrant toward the qualifying period for settlement.
4. according to para. 319AA, tier 4 is included in the definition of Relevant Points Based System Migrant. this is also confirmed by the whaydotheyknow letter (print it out), which states the 10 year long residence route is the only way for tier 4 migrant to be settled and present in the UK in order to satisfy the requirements set by 287 (a)(i)(d).
5. your previous application at Croydon PEO was dismissed because the caseworker thought your FLR(M) was issued by mistake. and she referred to the text in the IDI as the reason for so doing.
6. you believe the caseworker at PEO was mistaken because that specific IDI is in contrary to the Immigration Rules, and it is established in the Alvi case that (as vinny said) Immigration Rules trumps IDI.
7. you believe you should have been granted SET(M) at the PEO if the caseworker didn't make the mistake. so (in addition to the application) you're requesting a refund for the £100 appointment fee as there's no fault on your side.

i'm not sure if i miss anything... why should we teach caseworkers how things should be done?

LOL we really need to help them. there the case worker talked with us also told me you did good home work and I don't even know all this details ...but I should have to call the senior case worker to come and chat , but I didn't :) ...
really appreciated. I am very happy to proceed .and just wait for BIO which should come Monday as spoke with DX .only a small question... do you think this re-apply SEt(M) will annoyed them and will try to find other way to refuse or which will make it more, complicated later or say ...they will look for my(sponsor) very details long background ..such as .study record or as I was in tire4 before settlement , may some time cross the work limit duration ..sorry we people afraid to much...please any comments
Thanks Again ..

ahyang0129
Newbie
Posts: 47
Joined: Wed May 16, 2012 6:57 pm

Re: SET(M) application has not been accepted to Proceed

Post by ahyang0129 » Fri Mar 28, 2014 7:16 pm

bonga wrote: LOL we really need to help them. there the case worker talked with us also told me you did good home work and I don't even know all this details ...but I should have to call the senior case worker to come and chat , but I didn't :) ...
really appreciated. I am very happy to proceed .and just wait for BIO which should come Monday as spoke with DX .only a small question... do you think this re-apply SEt(M) will annoyed them and will try to find other way to refuse or which will make it more, complicated later or say ...they will look for my(sponsor) very details long background ..such as .study record or as I was in tire4 before settlement , may some time cross the work limit duration ..sorry we people afraid to much...please any comments
Thanks Again ..
i understand but i doubt that your case will be handled by the same caseworker and unless they have specific evidence or record of any breach of the immigration rules then i think you're be fine. no need to worry about these things as practically nothing you can do about them.

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Sat Mar 29, 2014 8:20 pm

ahyang0129 wrote:
bonga wrote: LOL we really need to help them. there the case worker talked with us also told me you did good home work and I don't even know all this details ...but I should have to call the senior case worker to come and chat , but I didn't :) ...
really appreciated. I am very happy to proceed .and just wait for BIO which should come Monday as spoke with DX .only a small question... do you think this re-apply SEt(M) will annoyed them and will try to find other way to refuse or which will make it more, complicated later or say ...they will look for my(sponsor) very details long background ..such as .study record or as I was in tire4 before settlement , may some time cross the work limit duration ..sorry we people afraid to much...please any comments
Thanks Again ..
i understand but i doubt that your case will be handled by the same caseworker and unless they have specific evidence or record of any breach of the immigration rules then i think you're be fine. no need to worry about these things as practically nothing you can do about them.
Yes you are right ...thanks a lot

bonga
Junior Member
Posts: 86
Joined: Wed Dec 08, 2010 1:26 am

Re: SET(M) application has not been accepted to Proceed

Post by bonga » Sun Mar 30, 2014 10:53 am

any body have any updates like the same situation...

bb2012
Newbie
Posts: 47
Joined: Mon Dec 31, 2012 8:52 am

Re: SET(M) application has not been accepted to Proceed

Post by bb2012 » Tue Apr 01, 2014 10:56 am

bonga wrote:any body have any updates like the same situation...
Hi Bonga,

Could you please tell us, exactly which date flr(m) was approved, are you still waiting for your BRP?

Kind Regards

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