Legality of July 2012 rule changes for tier1

[Zzee]

Re: 10 years long residence applications
by rmkirfan » Thu Apr 24, 2014 8:53 pm

KASHIF830 wrote:
Hi Friends,

Just let you know guys regarding 6th April changes for dependents of 10 years ILR. One of my friends got ILR on 10 years basis he was on Tier 1 General and his wife was dependent as Tier 1 general entered in the UK before 9th July 2012. He applied FLR M after 6th April 2014 at PEO Croydon and got 2 years visa after getting BRB I think after one week he applied SET M at PEO Croydon and got ILR.

Thanks
kashif


Wow thats great news. Above experience might clear most confusions.
I believe the same, Transitional arrangements still reserved for Pre July 2012 dependants. Just waiting for my ILR and few more experiences.

Cheers for sharing.

[Zzee]

This is whàt was said if we can contact the above person and confirm It might help us a great deal.

[faisaltanoli]

This is whàt was said if we can contact the above person and confirm It might help us a great deal.

Yes, we can do it, but how we will use this on our particular cases

[john108]

I'm facing this problem too, hope some goodness will happen

[Zzee]

Hi Faisal,

Hope you are well. Not much response on this thread I am still trying to get information on the 10 year LR section. Let's hope for the best inshallah.

[faisaltanoli]

Hi Faisal,

Hope you are well. Not much response on this thread I am still trying to get information on the 10 year LR section. Let's hope for the best inshallah.

Hello Zzee,

I think people are not aware of the thread and also need to discuss this thread time to time in ILR timeline main thread as many people are visiting that particular thread. One another reason on main section this thread went to the end of the page. Any how we need to inform the people, by the time we get our ILR we InShaAllah have quite few people. Regards. Faisal

[faisaltanoli]

Does any one else have consultation with solicitors

[john108]

Any updates?

[faisaltanoli]

Any updates?

No, Not at the moment. wait till tomorrow and I will ask my solicitor again.

[john108]

thanks faisal

[faisaltanoli]

Salaams, we can get an opinion from a Barrister. I suspect the fees will be in the region of £1,000 for an opinion.



Ilyas



From: Faisal Muhammad [mailto:fm.tanoli@googlemail.com]
Sent: 28 May 2014 14:08
To: ilyas bulbulia
Subject: re: petition

Please see the reply from him. ...if any one else can get an opinion. ..

[john108]

Is there anyone working regarding this?

[faisaltanoli]

Is there anyone working regarding this?

I have consulted the solicitor regarding this and at the moment he just gave us quote...if u know some one who can help..that will be great help...

[john108]

Seems nobody is interested on this issue. Atleast 5year ILR clock should cover the PBS dependent visa duration. I was watching this forum and I read that all I need is to wait for 2 yrs(from my ILR date) to complete and go for ILR straightway for my dependents. But when consulted a solicitor now, I found, I did a big mistake of not converting my wife's visa to spouse visa.

[faisaltanoli]

Seems nobody is interested on this issue. Atleast 5year ILR clock should cover the PBS dependent visa duration. I was watching this forum and I read that all I need is to wait for 2 yrs(from my ILR date) to complete and go for ILR straightway for my dependents. But when consulted a solicitor now, I found, I did a big mistake of not converting my wife's visa to spouse visa.

I think we do not need hundreds of people, but 20 to 30 people can share the burden. I also think still people are not aware of the full impact. If we let the people know that we are striving to revert this rule, they may along with us. I have consulted my solicitor and he is advising for judicial review in high court through his barrister. I am keen to find the grounds for this review, if it is strong case then we must go for it.

[john108]

The one reason I think is- just in my case I wasn't worried of applying FLR (M) because by then the law allowed to directly move to ILR from dependent visa (though I had enough time to convert it - but didn't check the updates happening and I missed it). All of a sudden they change it and it affects.
I can understand they want to restrict spouses getting ILR sooner but what about the kids? Why do they suffer in visa restrictions of being a child to an ILR parent?

A point based (5yr + 1yr ILR) parent can register their kids as British (if i'm correct). But you can't do that if you are a (10yr ILR) parent even after you become British unless your partner gets ILR. These are all double standards and I'm not comparing anything with natural British, just comparing with fellow immigrants becoming British and having different set of rights.

They must in future should say
Class A - British Citizen
Class B - British Citizen etc... atleast we know what class we are going to get in.

[faisaltanoli]

The one reason I think is- just in my case I wasn't worried of applying FLR (M) because by then the law allowed to directly move to ILR from dependent visa (though I had enough time to convert it - but didn't check the updates happening and I missed it). All of a sudden they change it and it affects.
I can understand they want to restrict spouses getting ILR sooner but what about the kids? Why do they suffer in visa restrictions of being a child to an ILR parent?

A point based (5yr + 1yr ILR) parent can register their kids as British (if i'm correct). But you can't do that if you are a (10yr ILR) parent even after you become British unless your partner gets ILR. These are all double standards and I'm not comparing anything with natural British, just comparing with fellow immigrants becoming British and having different set of rights.

They must in future should say
Class A - British Citizen
Class B - British Citizen etc... atleast we know what class we are going to get in.

Hello John108,
I am bit confused in your case.
Did you applied under Tier 1 General category or under Long Residency based?
If you had applied under T1 General and your wife is here before 09 july 2012 then she should not have any problem applying for ILR as soon as u get the ILR. it just for LR based applications.
With reference to your second question, as soon as you settled, no matter what category you are, your children who born in UK will entitled for naturalisation.
Regards
Faisal

[john108]

Long Residency based - ILR

Children were not born in UK

[faisaltanoli]

Long Residency based - ILR

Children were not born in UK

oh thats bad news

[allwell46]

Dear members

Is there any live e petition against these new rules regarding pre july 2012 pbs dependants of long residency ilr holder?

If there is not. I have created one and it is live now here
http://epetitions.direct.gov.uk/petitions/65556

Can every one plz sign

[john108]

Why there is no one ready to talk about this issue?

[john108]

@allwell , thank you for your effort!

We should be treated the same as those who obtained FLR(M) before 9th July 2012.

[john108]

Hi Faisal,

You are right, just need to find few people who have been affected by this. Then it is easy from there to make a JR. I'm sure it is not a big deal.

[allwell46]

@john108 you are wel come

I am also with every one, although hopefully I wont be affected because I applied for mrs before 6 apr 2014.

But couple of my friends and of course many forum members are affected with this new rule. We need to have as many signs as it can be.

I request everyone to sign, ask your friends, relatives, and share the petition link on your face book twitter etc etc

Regards.

[faisaltanoli]

Dear members

Is there any live e petition against these new rules regarding pre july 2012 pbs dependants of long residency ilr holder?

If there is not. I have created one and it is live now here
http://epetitions.direct.gov.uk/petitions/65556

Can every one plz sign

We already discussed it, but it requires large number of signature which is impossible therefore we went for JR.