FLR-M at Glasgow PEO - ILR Dep. Rule Change PLEASE ADVISE

[huqqapani]

Dear Gurus i need an urgent advice on my matter as today at Glasgow PEO, my application has been deferred due to below

Case Facts:

I got ILR (Long residence) in Nov 2013. My wife at that time was Tier 2 dependent. Before this, my wife joined me in UK as Work permit dependent in June 2011.

My understanding on the rules was that as she entered PRE July 2012, she qualified under old rule (the application form also said the same ''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.''

So based on the above, i took the following to Glasgow PEO today with my wife being the main applicant

FLR M Application
A1 English Language Test certificate
Marriage Certificate
Wife passport and BRP
My passport and BRP
required photographs
Cohabitation documents covering 2 years to 3 to 4 sources
My current job offer letter (issued December 2013)
2 original payslips (original) + 2 photocopied ones for due to these originals currently at Entry Clearance office for my mother in laws application (Pakistan)

so here is what i have been asked to provide to PEO Glasgow in order for them to consider my application, the lady kept mentioning rule changes from April 2014 which apparently affected ILR long residence dependents applications whether their original leave to enter/remain was pre or post July 2012. She mentioned something FM1.7 Rule 5.6.1

* 6 Months payslips if same employer (12 months in case of different employer, which is my case). Problem being originals at EC only had photocopies which i submitted. SHOULD NOT BE AN ISSUE
I will ask my previous employer and hopefully they will oblige so that i have 12 payslips including current and previous employer

* 6 months Bank statements. NOT AN ISSUE

* A letter from employer stating my employment, annual salary, length of employment, period over which they have been or were paid the level of salary relied upon in the application and type of employment (contract, permanent) COULD BE AN ISSUE
the issue is that following a recent reorganization in early APRIL 2014 my role was at risk of being removed, hence i applied for voluntary redundancy which was approved. My final working day is 16/05/14. I am not sure whether my employer will be willing to put the above in writing considering that i have less than 2 weeks left with them. So not sure where i stand on this one.

Could Moderators/Seniors please comment and advise and necessary. I seriously was not aware of any rule changes, may be i should have checked with a solicitor before i went as i now stand to lose £1000.

We both have a wedding to attend back home and if she doesn't get the FLR M, she will be not able to travel, a situation i paid £1000 to avoid however not successful.

[Amber]

I'm afraid the rules changed on 6 April 2014. Do you have children who are not British or settled?

[huqqapani]

None.

[Amber]

Do you or you and your spouse combined earn £18600 per annum Gross?

[huqqapani]

My wife doesn't work however I earn on my own a salary more than 2.5 times the requirement but my current employment ends 16/05/14 due to voluntary redundancy.

[Amber]

Well the specified evidence doesn't ask how long you're expected to be employed. Rather:

(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

It depends how your employer answers (iv).

Your spouse will be on a 5 year route to settlement.

[huqqapani]

Hmm, i will speak with employer and see if they can avoid mentioning the redundancy.

regarding 5 year route to settlement, do you also have to wait another year for nationality. So are we talking 6 years for BC ?

[Amber]

Yes, have a good word with HR explain the importance of not mentioning the redundancy.

She'll not have to wait the additional year if you're a British citizen by the time she has ILR.

[huqqapani]

Thanks Amber. One final query, I changed employer in December 2013, would I need the same letter from previous employer and also do I need to supply 12 months payslips?

[Amber]

No and no, not if you've worked for the current employer for 6 or more months.

[huqqapani]

Amber I changed employers on 16/12/13 so its less than 6 months. So I guess I need the 12 months payslips ?

[Amber]

Yes.

[Yousuf.Khan]

Hi Amber,

Hope you are well....
I am currently on ILR and my daughter is British National my wife is on Tier 1 dependant expiring on 7th July 2014
Due to high fee for Tier 1 dependant I am applying for FLR (M) she enter in UK September 2013 . Although I know it will reset her 5 years period.Can you please advise what supporting documents does I need she already passed english level A1 grade 2 test waiting for certificate.I have got already following documents

1) Application form
2)English Certificate
3)Two recent photos (main applicant)
4)Two recent photos partner
5)6 months payslips or 3 months payslips + employers letter
6)6 months bank statements (how much balance do i need to show ) or 3 months statement is enough
7) Cohabitation documents (council tax,joint bank statement,water bills,NHS letters )

Anything else do you think should required I have changing her category I don't need to apply 28 days before her current leave expired

Please suggests at your earliest convenience
Thanks

Yousuf Khan

[Amber]

Please ensure you have the specified evidence as per Annex FM 1.7 (click).

[Yousuf.Khan]

Thanks for reply
I have called Home today office they are saying you got ILR on the basis of Tier 1 General and your wife is on Tier 1 Dependant she and come after July 2012 she cannot apply for FLR M she must continue fill PBS dependant form
Is that right?
PBS dependant fees is £1607
Please let me know
They have also asked to read this article
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf


Thanks
Yousuf

[Amber]

No, they are wrong. As I explained as you have ILR, she can switch to FLR(M), A1 English and Financial Requirement, the 5 year clock will be reset.

[Yousuf.Khan]

Thanks very much Amber