10 years long residence applications

[scorpio81]

And please those people who are completing 10 years after 6th April 2014 and their spouses are here before 9th july 2012. Dont Worry.

There is a will there is a way.


We need just 1 Just 1 Precedent from court.

and it will come soon Insha Allah.

Remember HSMP judicial Review

Xactly.!

I dont think it would be that easy as £18600 minimum level is in court for 18 months now and still no decision. Things are very different now times are changed HSMP judicial review is a thing of past....I agree if we sink we all will sink together..lol

£18600 is a new rule which is being fought in a different context (people are not able to afford it). It is not in the court for the reason same as HSMP judicial review.!

Coz is a law that whenever new rules come they apply from that date onwards, not on previous applicants. So it will be more arguable, and home office know this. That us why there is still ambiguity, whether these new rules apply on pre 2012 applicants or no. Its still not clear (although section 7 of FLR M crystal clear as it is unchanged).!

[KashRIz]

I dont think it would be that easy as £18600 minimum level is in court for 18 months now and still no decision. Things are very different now times are changed HSMP judicial review is a thing of past....I agree if we sink we all will sink together..lol
[/quote]

£18600 is a new rule which is being fought in a different context (people are not able to afford it). It is not in the court for the reason same as HSMP judicial review.!

Coz is a law that whenever new rules come they apply from that date onwards, not on previous applicants. So it will be more arguable, and home office know this. That us why there is still ambiguity, whether these new rules apply on pre 2012 applicants or no. Its still not clear (although section 7 of FLR M crystal clear as it is unchanged).![/quote]

Not sure what will happen mate...All I m praying is that my partner get 2 year FLR (M) as Applied before 6th....

[KashRIz]

Just looking at Sky drive...Last week 15 applications were approved. with this speed I m hopping to get a good news soon.....

[die_hard]

So anything/anywhere mentioned in the new rules that long resident dependents have to wait for 5 years (if applied after 6th April) before applying for ILR regardless they are here before July 2012 ?

I dont think it would be that easy as £18600 minimum level is in court for 18 months now and still no decision. Things are very different now times are changed HSMP judicial review is a thing of past....I agree if we sink we all will sink together..lol

£18600 is a new rule which is being fought in a different context (people are not able to afford it). It is not in the court for the reason same as HSMP judicial review.! [/quote]

Coz is a law that whenever new rules come they apply from that date onwards, not on previous applicants. So it will be more arguable, and home office know this. That us why there is still ambiguity, whether these new rules apply on pre 2012 applicants or no. Its still not clear (although section 7 of FLR M crystal clear as it is unchanged).![/quote]

Not sure what will happen mate...All I m praying is that my partner get 2 year FLR (M) as Applied before 6th....[/quote]

[shahsahab]

Hi sswsz,

R u still around . Any comment on new rule . R they changed or unchanged for long residency based dependant.

Plz guide us

Shah

[KashRIz]

Hi sswsz,

R u still around . Any comment on new rule . R they changed or unchanged for long residency based dependant.

Plz guide us

Shah

They are changed look at the Part 8 update today and 284 is changed.

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]

Read that, but it doesn't say anywhere that dependents of long residents need to wait for 5 years to apply for settlement ?

Hi sswsz,

R u still around . Any comment on new rule . R they changed or unchanged for long residency based dependant.

Plz guide us

Shah

They are changed look at the Part 8 update today and 284 is changed.

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;

[SSWSZ]

those who are still curious about part 8 read this update today

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

[SSWSZ]

new rules are not specifically for long residence dependents its for every dependent who is applying for spouse visa of a person who is settled or British and every one knows very well now that 10 years applicants wont be able to apply for dependents with them so they have to use rules which are for settled persons dependents and THOSE rules are changed now.hope this clears the cloudy environment that stays from last 1 week.

So anything/anywhere mentioned in the new rules that long resident dependents have to wait for 5 years (if applied after 6th April) before applying for ILR regardless they are here before July 2012 ?

I dont think it would be that easy as £18600 minimum level is in court for 18 months now and still no decision. Things are very different now times are changed HSMP judicial review is a thing of past....I agree if we sink we all will sink together..lol

£18600 is a new rule which is being fought in a different context (people are not able to afford it). It is not in the court for the reason same as HSMP judicial review.!

Coz is a law that whenever new rules come they apply from that date onwards, not on previous applicants. So it will be more arguable, and home office know this. That us why there is still ambiguity, whether these new rules apply on pre 2012 applicants or no. Its still not clear (although section 7 of FLR M crystal clear as it is unchanged).![/quote]

Not sure what will happen mate...All I m praying is that my partner get 2 year FLR (M) as Applied before 6th....[/quote][/quote]

[die_hard]

"10 years applicants wont be able to apply for dependents with them so they have to use rules which are for settled persons dependents and THOSE rules are changed now"

So does this mean long resident dependents have to use rules which are for settled persons dependents - they could apply after 2 years after getting FLR(M) if they have come before July 2012 as would be for PBS dependents applying for dependent ILR ?

new rules are not specifically for long residence dependents its for every dependent who is applying for spouse visa of a person who is settled or British and every one knows very well now that 10 years applicants wont be able to apply for dependents with them so they have to use rules which are for settled persons dependents and THOSE rules are changed now.hope this clears the cloudy environment that stays from last 1 week.

So anything/anywhere mentioned in the new rules that long resident dependents have to wait for 5 years (if applied after 6th April) before applying for ILR regardless they are here before July 2012 ?

I dont think it would be that easy as £18600 minimum level is in court for 18 months now and still no decision. Things are very different now times are changed HSMP judicial review is a thing of past....I agree if we sink we all will sink together..lol

£18600 is a new rule which is being fought in a different context (people are not able to afford it). It is not in the court for the reason same as HSMP judicial review.!

Coz is a law that whenever new rules come they apply from that date onwards, not on previous applicants. So it will be more arguable, and home office know this. That us why there is still ambiguity, whether these new rules apply on pre 2012 applicants or no. Its still not clear (although section 7 of FLR M crystal clear as it is unchanged).!

Not sure what will happen mate...All I m praying is that my partner get 2 year FLR (M) as Applied before 6th....[/quote][/quote][/quote]

[shahsahab]

Thanks sswsz

So people like me will have to first 18600 and then wait 5 years to get my dependent's ilr. That's ridiculous I mean my dependent is here for last nine years.

That's not fair

Plz suggest some way out man

Shah

[SSWSZ]

new rule means everything NEW(not old +new) which is 5 year wait plus income according to my understanding



[quote="die_hard"]"10 years applicants wont be able to apply for dependents with them so they have to use rules which are for settled persons dependents and THOSE rules are changed now"

So does this mean long resident dependents have to use rules which are for settled persons dependents - they could apply after 2 years after getting FLR(M) if they have come before July 2012 as would be for PBS dependents applying for dependent ILR ?

[quote="SSWSZ"]new rules are not specifically for long residence dependents its for every dependent who is applying for spouse visa of a person who is settled or British and every one knows very well now that 10 years applicants wont be able to apply for dependents with them so they have to use rules which are for settled persons dependents and THOSE rules are changed now.hope this clears the cloudy environment that stays from last 1 week.




[

[SSWSZ]

its better if she apply as long residence .when her visa is expiring didnt she has enough time to cover 1 year????

Thanks sswsz

So people like me will have to first 18600 and then wait 5 years to get my dependent's ilr. That's ridiculous I mean my dependent is here for last nine years.

That's not fair

Plz suggest some way out man

Shah

[KashRIz]

The Key question what will happen to those who applied FLR (M) before 6th April.
a) what visa they will get 2 years or 30 months
b) when they will be able to apply Set (m) for partner??

Any Idea SSwsz?????

[scorpio81]

They are changed look at the Part 8 update today and 284 is changed.

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]


But where does it say that these rules are applicable to applicants of pbs dependents before june 2012.?

[KashRIz]

They are changed look at the Part 8 update today and 284 is changed.

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;

But where does it say that these rules are applicable to applicants of pbs dependents before june 2012.?[/quote]

Part 8 refers to transitional arrangement and it clearly says PBS dependents cant take that .....look at part (c)....

[SSWSZ]

The Key question what will happen to those who applied FLR (M) before 6th April.
a) what visa they will get 2 years or 30 months

should be old rules as for pre july applicant which is 2 years but no one knows for sure how Ho turn the table on ones heads better stick to prayers.

b) when they will be able to for Set (m) for partner??
my ans is same it should be old rule means merging period of pbs and get straight setm after flr according to my understanding as i never see any case in which ho is considering half old half new rule it should be either way.praying for all of you

Any Idea SSwz?????

[scorpio81]

[quote="SSWSZ"]new rules are not specifically for long residence dependents its for every dependent who is applying for spouse visa of a person who is settled or British and every one knows very well now that 10 years applicants wont be able to apply for dependents with them so they have to use rules which are for settled persons dependents and THOSE rules are changed now.hope this clears the cloudy environment that stays from last 1 week.


Hi

But where does it say that these rules are applicable for dependents here before july 2012 as well.?

because they have not changed the income threshold (Section 7 of FLR M). so will they change one rule and not change the other.?

many rules have changed previously as well, but they only apply to applicants applying after the date they come into force.

[KashRIz]

The Key question what will happen to those who applied FLR (M) before 6th April.
a) what visa they will get 2 years or 30 months

should be old rules as for pre july applicant which is 2 years but no one knows for sure how Ho turn the table on ones heads better stick to prayers.

b) when they will be able to for Set (m) for partner??
my ans is same it should be old rule means merging period of pbs and get straight setm after flr according to my understanding as i never see any case in which ho is considering half old half new rule it should be either way.praying for all of you

Any Idea SSwz?????

Thanks I was thinking on same lines too....I was wondering if they apply new rules at us ( pre 6th april applicants) we have a good case for judicial review....what u think?

[SSWSZ]

its like this suppose written something like this on form
fill 7a if you are here after july 2012 otherwise section 7B (you are here before july 2012 on pbs dep)
+ fulfill these requirement to avoid 7A then how can you fulfill part c


(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; and

They are changed look at the Part 8 update today and 284 is changed.

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;

But where does it say that these rules are applicable to applicants of pbs dependents before june 2012.?

Part 8 refers to transitional arrangement and it clearly says PBS dependents cant take that .....look at part (c)....[/quote]

[scorpio81]

its like this suppose written something like this on form
fill 7a if you are here after july 2012 otherwise section 7B (you are here before july 2012 on pbs dep)
+ fulfill these requirement to avoid 7A then how can you fulfill part c


(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; and

They are changed look at the Part 8 update today and 284 is changed.

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;

But where does it say that these rules are applicable to applicants of pbs dependents before june 2012.?

Part 8 refers to transitional arrangement and it clearly says PBS dependents cant take that .....look at part (c)....

[/quote]


Xactly..!

Its quite unclear. Because they have to change both rules (Income plus residency). Each is not possible.
Its all very confusing. We will be more clear once applications start coming in.
Just reading 4 lines would not clarify the whole situation.!

[SSWSZ]

The Key question what will happen to those who applied FLR (M) before 6th April.
a) what visa they will get 2 years or 30 months

should be old rules as for pre july applicant which is 2 years but no one knows for sure how Ho turn the table on ones heads better stick to prayers.

b) when they will be able to for Set (m) for partner??
my ans is same it should be old rule means merging period of pbs and get straight setm after flr according to my understanding as i never see any case in which ho is considering half old half new rule it should be either way.praying for all of you

Any Idea SSwz?????

Thanks I was thinking on same lines too....I was wondering if they apply new rules at us ( pre 6th april applicants) we have a good case for judicial review....what u think?

yes hope so

[shahsahab]

Thanks sswsz

Yes her visa is valid till 7 march 2015.but let's say if I apply in august 14 and get mine ilr in three or four months can she remain on dependant visa on her own. Will the home office not say why she did not apply within 28 days after my ilr. I know it's confusing but plz guide me . You r my only hope on this forum.


Regards
Shah

[SSWSZ]

i totally agree in my case even before all this mess my case worker insists that i came under new rules although i am here since 2006 .every case worker has their own interpretation on laws but hope for best

its like this suppose written something like this on form
fill 7a if you are here after july 2012 otherwise section 7B (you are here before july 2012 on pbs dep)
+ fulfill these requirement to avoid 7A then how can you fulfill part c





Xactly..!

Its quite unclear. Because they have to change both rules (Income plus residency). Each is not possible.
Its all very confusing. We will be more clear once applications start coming in.
Just reading 4 lines would not clarify the whole situation.!

[SSWSZ]

have you seen 28 days rule ???? i myself apply for flr just before expiry of my visa and almost 2 months after my hubby got ilr plus due to rules confusion my caseworker said you have enough time to go home and apply again what this means simple that visa remain valid till its validity but avoid travelling because that will create problem otherwise in uk she is legal so not to worry i guess

Thanks sswsz

Yes her visa is valid till 7 march 2015.but let's say if I apply in august 14 and get mine ilr in three or four months can she remain on dependant visa on her own. Will the home office not say why she did not apply within 28 days after my ilr. I know it's confusing but plz guide me . You r my only hope on this forum.


Regards
Shah