Legality of July 2012 rule changes for tier1

faisaltanoli · Post by **faisaltanoli** » Fri Jun 06, 2014 1:53 pm

moonway wrote:ilr for my wife approved today at peo
she got her flr(m) for 2 yrs on 3rd of june .
i got ilr on 10 yrs basis couple a months a ago

That is great...so we say that 06 April thing is myth

die_hard · Post by **die_hard** » Fri Jun 06, 2014 1:59 pm

Congratulations moonway.

However this if for anyone applying in person for FLR(M). How would one convince the caseworker if you apply by post ?

faisaltanoli wrote:
moonway wrote:ilr for my wife approved today at peo
she got her flr(m) for 2 yrs on 3rd of june .
i got ilr on 10 yrs basis couple a months a ago
That is great...so we say that 06 April thing is myth

Post by **Amber** » Fri Jun 06, 2014 2:19 pm

I suspect that if both PEO's that granted FLR(M) under part 8 from PBS dep were Glasgow, that is where the problem is, rather than a myth.

die_hard · Post by **die_hard** » Fri Jun 06, 2014 2:25 pm

No moonway got his FLR(M) from Glasgow and rajamahbub had his PEO for FLR(M) at Croydon.

Amber_ wrote:I suspect that if both PEO's that granted FLR(M) under part 8 from PBS dep were Glasgow, that is where the problem is, rather than a myth.

john108 · Post by **john108** » Fri Jun 06, 2014 2:28 pm

Are the PEO case workers so ignorant of new rules?
or
Is it anything discrete?

Don't they have systems in place to check whether the applicant is eligible or just rely on case workers knowledge of new rules?
If one is able to get it and others are not able to, then this is not a proper rule.

Post by **Amber** » Fri Jun 06, 2014 4:37 pm

If caseworkers are allowing such claims, then it is advantageous for people to try it and see if it works, whilst it lasts.

Zzee · Post by **Zzee** » Fri Jun 06, 2014 6:07 pm

Re: pre july 2012 PBS dependants - Petition
by imraheel » Fri Jun 06, 2014 7:56 am

New rules say that partner of ilr long residence need to get flr m visa accrding to appendix fm. But appendix fm does not say that partner has to stay five years on flr m visa. I am confused. Where are these five years coming from? Can anyone comment on this? Regards.

I also agree with imraheel because before 6 April LR dependents could apply for ILR on same day with FLRM n ILR but HO have changed that now n you have to apply for FLRM first n then get another appointment to apply for ILR and 5 years is not mentioned anywhere under these circumstance.

Post by **Amber** » Fri Jun 06, 2014 7:46 pm

Under Appendix FM the qualifying period for settlement is 5 years under those rules.

Zzee · Post by **Zzee** » Fri Jun 06, 2014 8:35 pm

That's your interpretation and I am afraid I don't agree with that because I have read appendix fm and statement of changes and there is a lot of doubt about the rules n also there is no change in guidance notes so I think u should not just reject it as it is a mistake from HO because it causes more confusion. Let's leave it to the HO and more people will post there experience soon if not then I promise u I will update Ur knowledge on this issue in a few weeks when I go to HO myself.

moonway · Post by **moonway** » Fri Jun 06, 2014 9:23 pm

Zzee wrote:That's your interpretation and I am afraid I don't agree with that because I have read appendix fm and statement of changes and there is a lot of doubt about the rules n also there is no change in guidance notes so I think u should not just reject it as it is a mistake from HO because it causes more confusion. Let's leave it to the HO and more people will post there experience soon if not then I promise u I will update Ur knowledge on this issue in a few weeks when I go to HO myself.

i agree with you go for it i even asked cw she said rules are very clear and dnt need to wait 5 years for pre july 2012 and have to fill on 7b section cw was well experinced.

dreamcatcher · Post by **dreamcatcher** » Fri Jun 06, 2014 9:35 pm

Hi moonway;
Would you be kind enough and upload the Flr(M) approval letter to help us all. Of course you can omit applicant's name and case ref no.

Tier 4 · Post by **Tier 4** » Fri Jun 06, 2014 10:02 pm

dreamcatcher wrote:Hi moonway;
Would you be kind enough and upload the Flr(M) approval letter to help us all. Of course you can omit applicant's name and case ref no.

Totally agree with you.

imraheel · Post by **imraheel** » Sat Jun 07, 2014 11:13 am

Amber_ wrote:Under Appendix FM the qualifying period for settlement is 5 years under those rules.

Thanks Amber for your reply.
Amber, can you please advise me that where is it written in Appendix FM that settlement qualifying period is 5 years? I read whole whole Appendix FM but I could not find it. Can you please advise me?
Regards,
Raheel

Post by **Amber** » Sat Jun 07, 2014 11:28 am

Section E-ILRP wrote:Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.
E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner (disregarding any period of overstaying for a period of 28 days or less).
E-ILRP.1.3. The applicant must have completed a continuous period of at least 60 months with limited leave as a partner under paragraph R-LTRP.1.1.(a) to (c) or in the UK with entry clearance as a partner under paragraph D-ECP.1.1.; or a continuous period of at least 120 months with limited leave as a partner under paragraph R-LTR.P.1.1(a), (b) and (d) or in the UK with entry clearance as a partner under paragraph D-ECP.1.1.; or a continuous period of at least 120 months with limited leave as a partner under a combination of these paragraphs, excluding in all cases any period of entry clearance or limited leave as a fiancé(e) or proposed civil partner.

Zzee · Post by **Zzee** » Sat Jun 07, 2014 12:17 pm

Where does it say pre July 2012 candidates can't use time spent as partners to qualify for ILR?

Post by **Amber** » Sat Jun 07, 2014 2:01 pm

It doesn't, however; you'd need leave under Part 8 to rely on 287(a)(i)(d) which is prohibited by the amendments.

john108 · Post by **john108** » Sat Jun 07, 2014 3:46 pm

Has any pre July 2012 applicant applied FLR(M) by post after April 6th using 7B?

kashiqbal · Post by **kashiqbal** » Sat Jun 07, 2014 4:39 pm

This is joke. Im angry at Home office. One of my friend did fill section 7B and his income was over 18,600 and her wife also spent 31 months on pbs dependant visa issued in april 2012.. And his wife visa was refused becos he was suppose to fill 7A... This is joke that home office takes thousands of pounds from us and dont give us clear information

john108 · Post by **john108** » Sat Jun 07, 2014 4:52 pm

@kashiqbal

What is the reason of refusal? Did they give as a statement on the refusal letter?

Post by **Amber** » Sat Jun 07, 2014 5:31 pm

I think it may be that a few caseworkers may not be aware of recent changes, sadly at the Home Office training is never high on the agenda.

kashiqbal · Post by **kashiqbal** » Sat Jun 07, 2014 7:41 pm

To be honest, i dont know what to do but there is onething we should be searching for and that is whether the time spent on T1 pbs dependant visa will be amalgamated or not? We need Appropriate paragraph for those whose married partner got ilr on the basis of 10 yrs long residency.... But for those, whose partners r switching first time in spouse category should avoid filling up 7B as pbs dependant category is different from spouse, no matter how long u have been married for

john108 · Post by **john108** » Sat Jun 07, 2014 7:47 pm

Once you get the FLR(M) under new rules, the clock resets for 5 years. That is the worst part of this new rule.

Please try to sign this petition, if you haven't done yet
http://epetitions.direct.gov.uk/petitions/65556

kashiqbal · Post by **kashiqbal** » Sat Jun 07, 2014 7:53 pm

kashiqbal · Post by **kashiqbal** » Sat Jun 07, 2014 8:43 pm

How come these members: zzee and moonway applied on same day and have have same situation.. R they different users or just one user have made 2 account... Please investigate

Post by **Amber** » Sun Jun 08, 2014 10:37 am

I do not believe zzee has been granted FLR(M).

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