Post
by KashRIz » Fri Apr 18, 2014 10:54 am
Hi Shahjee,
I am reading FLR(m) application and 7(a) does not say if u were PBS dependent. It says and I quote "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. For more information on completing the financial requirement section please see section 21 of the guidance notes."
Now on 6th of april HO office has changed the law and excluded PBS dependents to take that transitional route if the get ILR by long residency. We can check in Part 8 284 (c) as under.
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; and
So lets be very clear about it that any one applying FLR(m) after 6th april have to fill 7a.
Hi Farad,
I would advise you to check FLR(M) form, in that section 7 is the one to do with income requirement and maintenance. 7A begins by saying that if you are a PBS dependent prior to 09th July 2012, than you don't need to prove you income, and advises to go to section 7B (Maintenance). A lot of members are in consensus on that that due to the new rule change to the FLR(M) after 06th April 2014, this is bound to change and dependents have to prove income as well as maintenance, so watch for that as the forms are still a bit deceptive.
In you case as you said that you and your Mrs together make 30k an year and that you have P60's to prove that than I would advise for the safe side attach them along to make sure if they need any income requirement than that will be fulfilled as it is the household income which is considered, hence you and your Mrs can combine your incomes to meet the requirement.
The second part section 7B is to do with maintenance, means to say your incomings and out goings and your savings. Your incoming money should be in proportion to your out goings, means you shouldn't be spending more than you are earning, and it is better to show if you have any savings. You are trying to portray in this section that you have a stable family income and that you are fulfilling family requirements adequately, like rent/mortgage, general spending e.t.c.
So you understand that income requirement and maintenance are two different things and both are part of section 7.
I hope it helps. All the best for you forthcoming applications.
Kind regards
Shahjee [/quote]
Freedom is every thing.....simply loving it.