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Legality of July 2012 rule changes for tier1

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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john108
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Re: pre july 2012 PBS dependants - Petition

Post by john108 » Fri May 30, 2014 3:20 pm

Hi faisal,

JR is the good move, we can share the cost if we are 50 in numbers, it is easy, challenge is to find that little group.

faisaltanoli
Member
Posts: 154
Joined: Mon Oct 22, 2012 10:27 pm

Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Fri May 30, 2014 5:51 pm

john108 wrote:Hi faisal,

JR is the good move, we can share the cost if we are 50 in numbers, it is easy, challenge is to find that little group.
Nothing is easy, but we need to struggle for it, otherwise we may have sit more five years. Best thing that we need to direct people from "Indefinite to leave thread under LR" to this thread and then i will start compiling the name and we do the list with contact details. Believe me there are lots of people hit by this hammer, it is just matter of time when they come to know...so passion is most important... :)

john108
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Joined: Sat May 24, 2014 10:33 pm

Re: pre july 2012 PBS dependants - Petition

Post by john108 » Sun Jun 01, 2014 6:24 pm

What are the strong points to challenge this decision against PBS dependents?

The worst part is, I should have continued in my PBS Tier 2 Visa and easily got ILR(PBS) to all my family members in few months, rather than switching to this ILR(10yrs) and got stuck now without any option. So stressful.

faisaltanoli
Member
Posts: 154
Joined: Mon Oct 22, 2012 10:27 pm

Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Sun Jun 01, 2014 6:33 pm

john108 wrote:What are the strong points to challenge this decision against PBS dependents?

The worst part is, I should have continued in my PBS Tier 2 Visa and easily got ILR(PBS) to all my family members in few months, rather than switching to this ILR(10yrs) and got stuck now without any option. So stressful.
John108,
I am in same condition and I am.on Tier1 general, but applied for ILR. I even ready to withdraw the application, but my solicitor have advised me not to do it as in current situation you do not what is coming in, so secure what you can get and go for next thing. I hope there will be some solution come out.

john108
Newbie
Posts: 46
Joined: Sat May 24, 2014 10:33 pm

Re: pre july 2012 PBS dependants - Petition

Post by john108 » Sun Jun 01, 2014 6:55 pm

@faisal

Not sure what to do. Do you think Home office will amend Part 8 favourable to us in near future?!

parwaz
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Joined: Thu Jan 31, 2013 11:55 am
Location: United Kingdom

Re: pre july 2012 PBS dependants - Petition

Post by parwaz » Mon Jun 02, 2014 4:55 pm

Hello friends,

I am also affected by this rule and happy to chip in if a JR is being considered. Unfortunately I don't know any solicitors/barristers so can't get an opinion. I know there are many more people out there, who are either unaware of the changes in rule or unaware of this thread, therefore spreading the word is important.

I hope something good happens as these new rules are absurd and unfair.

Thanks,
Abid

kam12
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Re: pre july 2012 PBS dependants - Petition

Post by kam12 » Mon Jun 02, 2014 5:30 pm

I am on same boat too , I am in , whatever JR cost would be, we will contribute.

faisaltanoli
Member
Posts: 154
Joined: Mon Oct 22, 2012 10:27 pm

Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Mon Jun 02, 2014 6:02 pm

kam12 wrote:I am on same boat too , I am in , whatever JR cost would be, we will contribute.
Thanks Guys,
To be honest, I was unaware until 4th April and when I came to knew, I could not submit the case for my on one day notice. Any how if we together we will find solution. At least we can give fight against this in justified rule. Once again if some one know some Barrister, He is more then welcome to take an opinion from him. In coming days I will create excell sheet of all the people who are Interested so we will joined and efforts in disciplined way.
Please All of you subscribe this thread.
Thanks
Regards
Faisal

john108
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Posts: 46
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Re: pre july 2012 PBS dependants - Petition

Post by john108 » Mon Jun 02, 2014 6:22 pm

@faisal

Try contacting these people..might be bit helpful, may get some suggestions from them!
http://www.hsmpforumltd.com/contact.html

faisaltanoli
Member
Posts: 154
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Mon Jun 02, 2014 8:07 pm

Thanks John108,

It seems to me that they link is not working as they have won their case and most of them are now citizen so they shut their website and other links.

faisaltanoli
Member
Posts: 154
Joined: Mon Oct 22, 2012 10:27 pm

Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Mon Jun 02, 2014 8:18 pm

Hello Guys,

Do any one have skills to create the online excel sheet. I can create one which probably be the simplest one as I am an ordinary user of excel.

Also please let me know what information should be included in that sheet. Please noted that it will help us just to statical purposes so we know that how many people are with us, when their ILR are due and also their dependent FLR(M). So we could have more consolidate communication. Also if we want to visit some solicitors so we can arrange that.

Thanks

Regards

M Faisal

Zzee
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Re: pre july 2012 PBS dependants - Petition

Post by Zzee » Tue Jun 03, 2014 6:35 pm

I hope u guys have read this already if not then read below:
moonway wrote:
Hi Guys

Just to let you know that my wife,s flr(m) for exactly 2years has been approved at peo today
i got my ilr on 10 years basis just couple a month ago i explained to the case worker at peo that why she should get 2yrs visa.
i filled 7b section not 7a and explained it to the caseworker so still cover under transitional.
now i have got another appointment for ilr

regards
moon

faisaltanoli
Member
Posts: 154
Joined: Mon Oct 22, 2012 10:27 pm

Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Tue Jun 03, 2014 6:54 pm

Zzee wrote:I hope u guys have read this already if not then read below:
moonway wrote:
Hi Guys

Just to let you know that my wife,s flr(m) for exactly 2years has been approved at peo today
i got my ilr on 10 years basis just couple a month ago i explained to the case worker at peo that why she should get 2yrs visa.
i filled 7b section not 7a and explained it to the caseworker so still cover under transitional.
now i have got another appointment for ilr

regards
moon
when he went to the PEO....

faisaltanoli
Member
Posts: 154
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Tue Jun 03, 2014 8:54 pm

Sorry, I missed the date. Yes I can see now they went today.

To my understanding and what I have consulted with Solicitors its become very clear that our dependent after 06/04/2014 will have to spend the time period of 5 years.

I would say this is another miracle of HO which they do normally..I wish that is the case, but I am not very optimistic about it.
Hope I am wrong.

Regards
M Faisal

Zzee
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Re: pre july 2012 PBS dependants - Petition

Post by Zzee » Tue Jun 03, 2014 9:00 pm

TODAY BROTHER I am Alhumdulillah very hopeful. Inshallah I am gonna do the same. Solicitors will tell you stories just to get money out of you. It's 2 years wait after 6th April for pre July 2012 people anyway according to the best of my knowledge n research but I still think we can speak to the case worker at peo n inshallah we will be successful.

faisaltanoli
Member
Posts: 154
Joined: Mon Oct 22, 2012 10:27 pm

Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Tue Jun 03, 2014 9:04 pm

Zzee wrote:TODAY BROTHER I am Alhumdulillah very hopeful. Inshallah I am gonna do the same. Solicitors will tell you stories just to get money out of you. It's 2 years wait after 6th April for pre July 2012 people anyway according to the best of my knowledge n research but I still think we can speak to the case worker at peo n inshallah we will be successful.
In Sha Allah...did you get your ILR(LR)... if, when are you going to apply for your FLR(M).

Zzee
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Re: pre july 2012 PBS dependants - Petition

Post by Zzee » Tue Jun 03, 2014 9:09 pm

Still waiting for approval expecting mid to end of next month n then inshallah going for FLRM straight after n will update of my personal experience if u still waiting by then.

moonway
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Re: pre july 2012 PBS dependants - Petition

Post by moonway » Tue Jun 03, 2014 9:28 pm

Hi Guys

Just to let you know that my wife,s flr(m) for exactly 2years has been approved at peo today
i got my ilr on 10 years basis just couple a month ago i explained to the case worker at peo that why she should get 2yrs visa.
i filled 7b section not 7a and explained it to the caseworker so still cover under transitional.
now i have got another appointment for ilr

regards
moon

it clearly says that pre july 2012 dnt come under appendix fm and still cover under transition thats what exactly i explained to the case worker she even didnt ask much question actually she said why dint you fill up 7a and then i explained to her thats it be confident and thats it

Zzee
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Joined: Thu Apr 24, 2014 9:36 pm

Re: pre july 2012 PBS dependants - Petition

Post by Zzee » Tue Jun 03, 2014 9:35 pm

Thanks brother will do that inshallah

faisaltanoli
Member
Posts: 154
Joined: Mon Oct 22, 2012 10:27 pm

Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Tue Jun 03, 2014 9:59 pm

moonway wrote:Hi Guys

Just to let you know that my wife,s flr(m) for exactly 2years has been approved at peo today
i got my ilr on 10 years basis just couple a month ago i explained to the case worker at peo that why she should get 2yrs visa.
i filled 7b section not 7a and explained it to the caseworker so still cover under transitional.
now i have got another appointment for ilr

regards
moon

it clearly says that pre july 2012 dnt come under appendix fm and still cover under transition thats what exactly i explained to the case worker she even didnt ask much question actually she said why dint you fill up 7a and then i explained to her thats it be confident and thats it
That is really good news..did you showed and policy document to them..

moonway
Newbie
Posts: 41
Joined: Sun Feb 16, 2014 1:37 am

Re: pre july 2012 PBS dependants - Petition

Post by moonway » Tue Jun 03, 2014 10:44 pm

Hi Guys

Just to let you know that my wife,s flr(m) for exactly 2years has been approved at peo today
i got my ilr on 10 years basis just couple a month ago i explained to the case worker at peo that why she should get 2yrs visa.
i filled 7b section not 7a and explained it to the caseworker so still cover under transitional.
now i have got another appointment for ilr

regards
moon

it clearly says that pre july 2012 dnt come under appendix fm and still cover under transition thats what exactly i explained to the case worker she even didnt ask much question actually she said why dint you fill up 7a and then i explained to her thats it be confident and thats it
no i havent showed them any policy docoument explained every thing in cover letter.

Amber
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Re: pre july 2012 PBS dependants - Petition

Post by Amber » Tue Jun 03, 2014 10:45 pm

It's not unusual for caseworkers to make errors.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

moonway
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Re: pre july 2012 PBS dependants - Petition

Post by moonway » Tue Jun 03, 2014 10:56 pm

Amber_ wrote:It's not unusual for caseworkers to make errors.
HI Amber what error you are talking about pls what do you mean by that

Amber
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Re: pre july 2012 PBS dependants - Petition

Post by Amber » Tue Jun 03, 2014 11:07 pm

The leave should have been granted under Appendix FM for 2.5 years; given that:
part 8 wrote: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
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Zzee
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Re: pre july 2012 PBS dependants - Petition

Post by Zzee » Tue Jun 03, 2014 11:19 pm

What exactly is your interpretation of the above message you posted Amber? Could u please explain ???

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