FLR (M) for PBS dep

[Tier 4]

I am applying ILR on the basis on long residence in Aug 2014, my wife is PBS dependent on me since 3 Nov 2010; first PBS Tier 4 Dep and later on switched to Tier 1 (PSW) dependent (both of our visas are finishing same time in Aug 2014)

Now in the light of new changes what kind of visa she need to apply while I sent my ILR application?
1. Do I need to submit FLR (M) for her along with my Set (LR) application?
2. Secondly what about the financial requirements since she came as PBS dependent before 9 July 2012 are these financial requirements doesn’t apply to her?

[ahyang0129]

1. yes.
2. the post- 9 july 2012 financial requirements apply, ie. £18600 salary income threshold.

[vinny]

2. The old rules should apply if the SET(LR) and FLR(M) applications are made before 6th April 2014.

[esmsi]

Thanks vinny for the reply.
What I understand that From 6April 2014, everybody need to follow post 9 July2012 rule

2. The old rules should apply if the SET(LR) and FLR(M) applications are made before 6th April 2014.

[Tier 4]

Many thx vinny, but unfortunatly both of us are applying in Aug 2014, therefore I am wondering what kind of a visa do I need to apply for her is it FLR (M) with new requirments? If so then I don't meet the financial one so what we suppose to do?

[vinny]

Unfortunately, for FLR(M) applications after 6th April 2014, the current rules will be applicable for PBS dependants. Let's hope that the court case helps her.

Perhaps the courts will also find the UKVI's treatment of the transitional provisions and changes to Part 8 of the Immigration rules to be unfair and unlawful.

[Tier 4]

Thanks again Vinny, so what options do I have for her then, should I apply on FLR (O) for her? Another question about my baby boy born last year here in UK but he has PSW dep visa as well as he travel home . I was thinking to skip him on my ILR application and once it get approved register him as BC. Are these rules still stand or they changed too. Many thanks

[Tier 4]

Unfortunately, for FLR(M) applications after 6th April 2014, the current rules will be applicable for PBS dependants. Let's hope that the court case helps her.

Perhaps the courts will also find the UKVI's treatment of the transitional provisions and changes to Part 8 of the Immigration rules to be unfair and unlawful.

So what options does my wife has? Does she need to leave the UK? We are together since 2011, she is the mother of my child, there must be some way out.

[vinny]

I believe these changes undermine the transitional provisions and legitimate expectations of applicants.

I think she should apply for FLR(M). Then appeal, if refused.

[Tier 4]

I believe these changes undermine the transitional provisions and legitimate expectations of applicants.

I think she should apply for FLR(M). Then appeal, if refused.

Thanks Vinny, in case if i meet maintenance requirment and wife gets her spouse visa when will her 5 years period start for ILR? Is its from the date she entered as PBS dependent back in 2011 or the date she got her spouse visa?

[vinny]

Under Appendix FM, her qualifying period for SET(M) will start when she is granted FLR(M).

[Tier 4]

The new FLR(M) form Version 04/2014 and guidance has been published today.

It Says:
If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not required to complete section 7A, Proceed to 7B MAINTENANCE.
Is this rule stands for pre 9th July 2012 PBS Dependents as well?

[leon92]

Hi Vinny,

Can you please clarify if these new changes are only for those applying for long term residency?

My case is that I have ILR (Points Based Migrant, Tier 1 (G)), my wife has dependent visa (prior July 2012).

She has shortfall around 2 months and needs to extend her visa. (Either using Tier 1 extension or FLR(m), I don't know which one she should use)

If she extends using FLR(m), does this mean that she will be considered under new rules after FLR(m) extension?

Can you please advise on this or post a sticky as I am sure many people are looking for the same answer and this will prevent duplicate posts.

[Amber]

The form has just had the fees increased, that's all. It's the rules that will be changed for PBS deps, expect it tomorrow morning.

Those whose spouse settled as PBS applicants, should extend as a PBS dep.