Dependent Visa of Long Residence Indefinite Visa

[imraheel]

Hello,

Hope you doing well.

On the base of long residence 10 years, I recently received my indefinite visa valid from 8th April 2014. I applied for indefinite visa on 20th Jan 2014. My last visa was tier 1 general.

As my dependent, my wife is living with me in uk since December 2010. In December 2010, she came in uk on dependent visa of tier 1 post study work.

Currently, my wife is on dependent visa of tier 1 general and she got this tier 1 general dependent visa on 26th Sep 2011. Her current tier 1 general dependent visa is valid until 18th Sep 2016.

As I have the indefinite visa now, is my wife eligible to apply for indefinite visa too on Set (M) form as she has completed 2 years qualifying period?

Either your answer is yes or no, please explain it thoroughly with references. I have different different opinions from all the solicitors.



Best regards,

Raheel

[Amber]

No. You can't apply for SET(M) without FLR(M). However, the rules changed on 6 April 2014, FLR(M), now requires both an A1 English and Financial Requirement. It's now a 5 year route to settlement I'm afraid.

See also, here (click).

[imraheel]

Hello Amber,

Thanks for your reply.

I called home office last Friday two times. First time, they said the same thing whatever you just replied. And, they referred me to see the Appendix FM. But when you see the Appendix FM, it is for the dependent who are outside the uk (please see EC-P 1.1 on page 4 of Appendix FM).

On my second call to home office, they said that I needed to get FLR (M) visa first and then immediately, next day, I can apply for my wife's indefinite visa through Set (M) form. Because my wife has the tier 1 general dependent visa before july 2012. For this, they gave me the reference of immigration rules paragraph 287(a) and 287(b).

So home office gives two different opinions and I am confused. Amber or anyone else, can you please advise me further after this scenario?


Best regards,

Raheel

[Amber]

Appendix FM EC-P is for entry clearance! You're reading the wrong section!

What I wrote is correct.

[imraheel]

Hello Amber,

Thanks for your reply.

I discussed with you a few weeks ago and you said that rules changed on 6th apr 2014. My wife has to spend further five years on flr m visa. Can you please advise me that where does it say this? I couldn't find this rule on internet. Please see history of our discussion.

My wife has got the flr m visa now.


Thanks and regards,

[Amber]

I gather she was granted leave for 2.5 years?

[faisaltanoli]

Hello Amber,

Thanks for your reply.

I discussed with you a few weeks ago and you said that rules changed on 6th apr 2014. My wife has to spend further five years on flr m visa. Can you please advise me that where does it say this? I couldn't find this rule on internet. Please see history of our discussion.

My wife has got the flr m visa now.


Thanks and regards,

Hello,

If your wife have got 2.5 year visa, its mean she has been dealt on new rules and after spending 2.5 years she has to apply for extension of 2.5 years. We are organizing the campaign against this law.
"pre july 2012 PBS dependants - Petition"
Please follow us on thread above.

Thanks
Regards
M Faisal

[imraheel]

Hello Amber,

Yes she got the visa of two and half years on 29th May 2014. Can you please advise me that does it say that she has to stay on flr m visa for five years? I couldn't find this information on home office web site. She is living in uk since dec 2010 as pbs dependant.

Faisal,
How can I do join your petition about 'Pre july 2012 PBS dependants - Petition'


Regards,