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FLR (M) Section 7

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Marriage | Unmarried Partners | Fiancé | Ancestry

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

Re: FLR (M) Section 7

Post by bonga » Wed Mar 26, 2014 8:56 pm

ahyang0129 wrote:
bonga wrote:
ahyang0129 wrote:
i don't know what would happen if you go to PEO without the BRP. i guess it would mean they need some extra time and effort for them to locate your wife's file but i'm not sure. in my wife's case she received her BRP within 3 days and i didn't feel the need to book an appointment for SET(M) immediately.

i don't think you can judge from the wording of the confirmation letter her FLR(M) is issued under the 2 year route or 5 year route. the only thing the confirmation letter said would be her application is successful, meaning that she's granted a spouse leave but no more. the explanatory note attached to the confirmation letter is irrelevant. some caseworkers just give out the same note about 5 year route regardless the spouse leave is issued under 2 or 5 year route.

please see the following link to see why your wife is not affected as she has got her FLR(M) now.

http://www.immigrationboards.com/indefi ... l#p1009599
http://www.immigrationboards.com/indefi ... l#p1007805
http://www.immigrationboards.com/indefi ... l#p1008306
http://www.immigrationboards.com/indefi ... l#p1009615
Really appreciated for your reply and links..only question I would like to repeat to everyone please share if you have any experience is IS IT POSSIBLE TO APPLY WITHOUT BRP ONLY WITH UKBA APPROVED LETTER OR THEY WILL REFUSE WITHOUT BRP ?

londonbd2013
Newly Registered
Posts: 26
Joined: Fri Nov 08, 2013 8:45 pm
Location: LONDON

Re: FLR (M) Section 7

Post by londonbd2013 » Sun Mar 30, 2014 7:21 pm

Gurus & our most helpful sister SSWSZ, Vinny & Amber

I believe everyone understand that FLR(M) is extremely tough now. They are holding everyone's case until they got the final verdict from high court & if HO lose that case there is big chance HO will appeal against that decision.I know very well they won't allow my wife's FLR(M) bcoz I can't fulfil £18600 financial requirements.I've to show t to them bcoz my previous leave was Tier4 general student & she was my dependant though she came in UK in July 2009 as a PSW Tier1 dependant.

We got an appointment soon one of the PEO just before 6th April, but on 284(b) it's clearly written this rule apply for all PBS dependants apart from Tier4 & Tier5 dependants.I din't work last year & I had limited work permit wile I was on tier4. I really don't know how they expect me to show £18600 where as I had limited work permit & I didn't work at all. I've recently got a job offer after got my ILR & I've sign the contract as well. Expected salary from this job & my wife's last year income from her P60 earnings will meet £18600. Do you know whether they will accept it or not? Because I haven't got paid anything from my new job & I can't show any payslips for this.

Under this circumstances could you guy please help me ASAP.Spending sleepless night & can't stop thinking about it. Can't even look at my wife . It's really hard to believe that she's here about 5 years under dependant visa & all of us struggling to extend our love one's visa even though we got ILR / SETTLEMENT.

Please help with any advise that can help anyone.
Many thanks in advance & MAY ALLAH BLESS YOU ALL

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

Re: FLR (M) Section 7

Post by ahyang0129 » Sun Mar 30, 2014 9:34 pm

londonbd2013 wrote: We got an appointment soon one of the PEO just before 6th April, but on 284(b) it's clearly written this rule apply for all PBS dependants apart from Tier4 & Tier5 dependants.
this is a misunderstanding. please read the current para. 284 carefully.

para 284 (i) (before 6 apr 2014) allows holders of any type of visa to switch to FLR(M) as long as they were granted to stay for longer than 6 months. para 284(i)(b) is about an exception for short term visa holders: if the (less than 6 months) visa is for spouse of PBS migrant (excluding tier 4 and tier 5) then switching to FLR(M) is also permitted. (the other exception is in para 284(i)(a) which states fiancé visa is also allowed).

this means para 284(i)(b) does not exclude tier 4 and tier 5 dependents from para 284 if they were granted to stay for longer than 6 months.

but you need to have applied for a visa under immigration rules part 8 before 9 july 2012 for para 284 to be applicable. (transitional provisions)

para 284(i) is going to change on 6 apr 2014. the new law is the spouse of all categories of PBS migrant cannot switch to FLR(M) under para 284. so they need to switch to FLR(M) under post- july 2012 rules (ie. under Appendix FM).

in your situation you need to fill out FLR(M) form section 7B and the old rules apply (if you apply by 5 apr 2014).

londonbd2013
Newly Registered
Posts: 26
Joined: Fri Nov 08, 2013 8:45 pm
Location: LONDON

Re: FLR (M) Section 7

Post by londonbd2013 » Mon Mar 31, 2014 8:05 am

Thanks a lot Ahyang0129,
we are going before 5th April 2014. Hope this work for her. So you are 100% sure that we don't need to fill in Section 7A on FLR(M) Form? What about Section 7B As I had no income but we always get money from back home & my wife just finished her grauation & she just work few hours in a week?

Much appreciate your answers..




ahyang0129 wrote:
londonbd2013 wrote: We got an appointment soon one of the PEO just before 6th April, but on 284(b) it's clearly written this rule apply for all PBS dependants apart from Tier4 & Tier5 dependants.
this is a misunderstanding. please read the current para. 284 carefully.

para 284 (i) (before 6 apr 2014) allows holders of any type of visa to switch to FLR(M) as long as they were granted to stay for longer than 6 months. para 284(i)(b) is about an exception for short term visa holders: if the (less than 6 months) visa is for spouse of PBS migrant (excluding tier 4 and tier 5) then switching to FLR(M) is also permitted. (the other exception is in para 284(i)(a) which states fiancé visa is also allowed).

this means para 284(i)(b) does not exclude tier 4 and tier 5 dependents from para 284 if they were granted to stay for longer than 6 months.

but you need to have applied for a visa under immigration rules part 8 before 9 july 2012 for para 284 to be applicable. (transitional provisions)

para 284(i) is going to change on 6 apr 2014. the new law is the spouse of all categories of PBS migrant cannot switch to FLR(M) under para 284. so they need to switch to FLR(M) under post- july 2012 rules (ie. under Appendix FM).

in your situation you need to fill out FLR(M) form section 7B and the old rules apply (if you apply by 5 apr 2014).

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

Re: FLR (M) Section 7

Post by ahyang0129 » Mon Mar 31, 2014 4:37 pm

londonbd2013 wrote:Thanks a lot Ahyang0129,
we are going before 5th April 2014. Hope this work for her. So you are 100% sure that we don't need to fill in Section 7A on FLR(M) Form? What about Section 7B As I had no income but we always get money from back home & my wife just finished her grauation & she just work few hours in a week?
you need to show adequate maintenance.

and i cannot guarantee they won't make the same mistake at PEO. be prepared to argue with them about which rule applies and maybe you'll need to apply by post by the deadline.

londonbd2013
Newly Registered
Posts: 26
Joined: Fri Nov 08, 2013 8:45 pm
Location: LONDON

Re: FLR (M) Section 7

Post by londonbd2013 » Mon Mar 31, 2014 7:49 pm

Dear Ahyang0129,
Brother this is my last question to you that is whether my wife get a visa under FLR(M) when we r going there this week at PEO. As you know my case history , she is currently Tier4 Dependant but she came in UK in 2009 while she was on Tier1 PSW dependant. I didn't work last year though I got a job just after my ILR . I didn't understand by PEO mistake about your earlier message. If she going to et a visa under FLR(M)? As you know we r not going to fill up 7A?

Please reply me ASAP. I'm deeply waiting for your reply.
Many thanks in advance

ahyang0129 wrote:
londonbd2013 wrote:Thanks a lot Ahyang0129,
we are going before 5th April 2014. Hope this work for her. So you are 100% sure that we don't need to fill in Section 7A on FLR(M) Form? What about Section 7B As I had no income but we always get money from back home & my wife just finished her grauation & she just work few hours in a week?
you need to show adequate maintenance.

and i cannot guarantee they won't make the same mistake at PEO. be prepared to argue with them about which rule applies and maybe you'll need to apply by post by the deadline.

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

Re: FLR (M) Section 7

Post by ahyang0129 » Mon Mar 31, 2014 8:53 pm

londonbd2013 wrote:Dear Ahyang0129,
Brother this is my last question to you that is whether my wife get a visa under FLR(M) when we r going there this week at PEO. As you know my case history , she is currently Tier4 Dependant but she came in UK in 2009 while she was on Tier1 PSW dependant. I didn't work last year though I got a job just after my ILR . I didn't understand by PEO mistake about your earlier message. If she going to et a visa under FLR(M)? As you know we r not going to fill up 7A?
from what you shared on the forum i think your wife is eligible to switch to FLR(M) and then apply for SET(M). but you need to
1. apply for FLR(M) by 5 apr 2014
2. show adequate maintenance, this mean you need to fill out section 7B, not 7A.

"adequate maintenance" is not a fixed requirement of salary income threshold. try to think that your task is to convince the caseworker that you live comfortably in the uk. do check the thread I show you in the last post.

'the PEO mistake' was about bonga's case, which is similar to yours. the point i wanted to make was that caseworkers may be wrong when they try to do their job, so you might need to let them know what the law actually says.

londonbd2013
Newly Registered
Posts: 26
Joined: Fri Nov 08, 2013 8:45 pm
Location: LONDON

Re: FLR (M) Section 7

Post by londonbd2013 » Mon Mar 31, 2014 9:15 pm

SPOT ON BROTHER,
You r a true star & as I don't know you all I can THANKS A LOT MY FRIEND. MAY ALLAH BLESS YOU & YOUR FAMILY. we got over £10000 in savings hopefully that would be enough for maintenance. Brother one more thing, in case her FLR(M) got accepted can she apply at the same time for SET(M), if not do we have to apply for SET(M) before 6th April 2014? I think it would be too tough to get an appointment within 2 days notice or you think she have to post her SET(M) application?

Many thanks again
ahyang0129 wrote:
londonbd2013 wrote:Dear Ahyang0129,
Brother this is my last question to you that is whether my wife get a visa under FLR(M) when we r going there this week at PEO. As you know my case history , she is currently Tier4 Dependant but she came in UK in 2009 while she was on Tier1 PSW dependant. I didn't work last year though I got a job just after my ILR . I didn't understand by PEO mistake about your earlier message. If she going to et a visa under FLR(M)? As you know we r not going to fill up 7A?
from what you shared on the forum i think your wife is eligible to switch to FLR(M) and then apply for SET(M). but you need to
1. apply for FLR(M) by 5 apr 2014
2. show adequate maintenance, this mean you need to fill out section 7B, not 7A.

"adequate maintenance" is not a fixed requirement of salary income threshold. try to think that your task is to convince the caseworker that you live comfortably in the uk. do check the thread I show you in the last post.

'the PEO mistake' was about bonga's case, which is similar to yours. the point i wanted to make was that caseworkers may be wrong when they try to do their job, so you might need to let them know what the law actually says.

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

Re: FLR (M) Section 7

Post by ahyang0129 » Mon Mar 31, 2014 9:51 pm

londonbd2013 wrote:SPOT ON BROTHER,
You r a true star & as I don't know you all I can THANKS A LOT MY FRIEND. MAY ALLAH BLESS YOU & YOUR FAMILY. we got over £10000 in savings hopefully that would be enough for maintenance. Brother one more thing, in case her FLR(M) got accepted can she apply at the same time for SET(M), if not do we have to apply for SET(M) before 6th April 2014? I think it would be too tough to get an appointment within 2 days notice or you think she have to post her SET(M) application?
1. you need to be very lucky to have your FLR(M) and SET(M) application processed at the same time or even by pass the FLR(M). the standard procedural is you need to get FLR(M) then you can apply for SET(M).
2. you don't have to apply for SET(M) before 6 apr 2014. the important thing is to apply for your FLR(M) by 5 apr to get you on the 2 year route.

londonbd2013
Newly Registered
Posts: 26
Joined: Fri Nov 08, 2013 8:45 pm
Location: LONDON

Re: FLR (M) Section 7

Post by londonbd2013 » Mon Mar 31, 2014 10:16 pm

Thanks a lot brother for sharing your quite valuable information. I'm a bit relax now. haven't slept for last few nights. Brother please keep in touch as I may need your help again as you know her appointment at PEO in just before 6Th April.

MAY ALLAH BLESS YOU & YOUR FAMILY.
Many thanks again for your help
ahyang0129 wrote:
londonbd2013 wrote:SPOT ON BROTHER,
You r a true star & as I don't know you all I can THANKS A LOT MY FRIEND. MAY ALLAH BLESS YOU & YOUR FAMILY. we got over £10000 in savings hopefully that would be enough for maintenance. Brother one more thing, in case her FLR(M) got accepted can she apply at the same time for SET(M), if not do we have to apply for SET(M) before 6th April 2014? I think it would be too tough to get an appointment within 2 days notice or you think she have to post her SET(M) application?
1. you need to be very lucky to have your FLR(M) and SET(M) application processed at the same time or even by pass the FLR(M). the standard procedural is you need to get FLR(M) then you can apply for SET(M).
2. you don't have to apply for SET(M) before 6 apr 2014. the important thing is to apply for your FLR(M) by 5 apr to get you on the 2 year route.

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

Re: FLR (M) Section 7

Post by bonga » Wed Apr 09, 2014 3:51 pm

Hi
londonbd2013
hope you got your FLR(M).. is there any update ..would you please share ....
Thnaks
londonbd2013 wrote:Thanks a lot brother for sharing your quite valuable information. I'm a bit relax now. haven't slept for last few nights. Brother please keep in touch as I may need your help again as you know her appointment at PEO in just before 6Th April.

MAY ALLAH BLESS YOU & YOUR FAMILY.
Many thanks again for your help
ahyang0129 wrote:
londonbd2013 wrote:SPOT ON BROTHER,
You r a true star & as I don't know you all I can THANKS A LOT MY FRIEND. MAY ALLAH BLESS YOU & YOUR FAMILY. we got over £10000 in savings hopefully that would be enough for maintenance. Brother one more thing, in case her FLR(M) got accepted can she apply at the same time for SET(M), if not do we have to apply for SET(M) before 6th April 2014? I think it would be too tough to get an appointment within 2 days notice or you think she have to post her SET(M) application?
1. you need to be very lucky to have your FLR(M) and SET(M) application processed at the same time or even by pass the FLR(M). the standard procedural is you need to get FLR(M) then you can apply for SET(M).
2. you don't have to apply for SET(M) before 6 apr 2014. the important thing is to apply for your FLR(M) by 5 apr to get you on the 2 year route.

Locked