Legality of July 2012 rule changes for tier1

[Tier 4]

My wife was given 2 years FLR (M) on 04/06/2014 in PEO. I have read the rules and it's quite clear that my spouse didn't fall in pre 09July2012 applicant, as I have switched from T1 to LR settlement. But I still took my chance to go to Home Office and filled 7(B) not 7(A). And I was ready to fill 7(A) if I was asked to do so. But luckily case worker didn't ask me any question and my wife's FLR (M) was granted for 2 years. So I was convinced that it was given under 284. And caseworker probably misinterpret the rules!

Now, can my wife apply for Set (M) as it looks she can combine her PBS leave to complete two years qualifying period? And she has been here since May 2008.

Probably Amber can suggest me....

This is very strange as some getting 5 years and some 2 even applying after April 2014.

What ll be the situation if someone apply FLR (M) by post and fill 7 (B) for 2 years leave for dependents came before 9 July 2012; will their application will be invalid, return or refused straight away?

[Amber]

They have more time to scrutinise postal applications.

[faisaltanoli]

Yes, Amber is right they have more time to scrutinised the application. I was under impression that busy PEO like Croydon have more awareness then smaller one, but seems to me its opposite.

[Tier 4]

They have more time to scrutinise postal applications.

Will they consider application invalid or will they refuse it straight away in case some one fill 7 (B) now for long resident dependent?

[khanzada123]

Thought to share Good News with u guys:


http://www.drummondmiller.co.uk/news/20 ... l-2014%29/

Settlement under the Points Based System for dependants

Corrections are being made to enforce the intention that only dependants of individuals who qualified for settlement under the Points-Based System can apply for settlement as dependants of Points-Based System Migrants. Previously the Immigration Rules allowed dependents of those who qualified for settlement on the basis of long residence to also apply. The change will mean such dependants will need to apply for leave to remain under the 'new' rules for family members in Appendix FM before they can qualify for settlement.

This means that for PBS dependants who are applying to 'switch' into the partner of a settled person route on or after 6 April 2014 will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM.

There are, however, transitional provisions in place for those who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence to  under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.

Where those on the transitional provision will be affected by these new changes is that they will have to complete the two years for settlement from the time they 'switch' into a spouse visa (as from 6 April 2014, they can no longer combine leave under Part 8 with leave as a PBS dependant). 

Unfortunately, those PBS dependants who do not fall into this category will need to wait for five years for settlement from the time they 'switch' into a spouse visa.

[faisaltanoli]

Hello Khanzada,

Please elabrotae it what its actual means. I saw similar statment before, but I do no think so that it will help us, though my dependent are in UK before 09/07/2012, but i could not made the application before 06/04/2014.

Thanks

Regards
M Faisal

[khanzada123]

According to the below there is a transitional provision in place prior to 9 july 2012.
Dependent will get 2 yrs visa rather than 5 years.
After 2 year will get ILR.




There are, however, transitional provisions in place for those who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence to  under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.

Where those on the transitional provision will be affected by these new changes is that they will have to complete the two years for settlement from the time they 'switch' into a spouse visa (as from 6 April 2014).

[faisaltanoli]

I think this has discussed couple of time before, but common consensus was that it would not allow the LR dependent to amalgamate the leave after 06/04/2014.

[Tier 4]

There are, however, transitional provisions in place for those who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence to  under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.

Where those on the transitional provision will be affected by these new changes is that they will have to complete the two years for settlement from the time they 'switch' into a spouse visa (as from 6 April 2014, they can no longer combine leave under Part 8 with leave as a PBS dependant). 

This news doesn't seem new apart from this paragraphs, is it a new correction or was mention back on March 31, 2014.
I don't know is it official or Drummond Miller trying to sell some thing. I ll be more happy and ll make more sense if I read it on UKBA website.

[W Ahmed6569]

Hi,
I got my ILR on the bases of 10 Years Long Residency In May 2014, I booked an online appointment Dated 04/07/2014 (Last Friday) for PEO (In person) for my wife FLRM keeping in mind that my wife will get 2 years Visa rather then 5 years under the new rules. Appointment was at 13:20, due some technical error i was unable to pay the fee online and paid it in Croydon (£ 1001).

We were then call at counter to register the case (I taught the person was a case worker but when my wife ask she was told that he is only registering the case and will be followed by Biometric registration. Me and my wife was very tense as we were told by friends about their experience but there was absolutely nothing as such. We give the passports biometric cards and pics of me and my wife the officer enter what ever details she required and then ask my wife to hand over supporting documents and then she put that in one file all together and advice us to wait for Biometric enrolment.

After 15 Mins my wife was called to register her biometrics i also went with her to the counter, once she give biometric the same person who did that took all the documents from my wife and told her to wait in the Cafeteria and look for her ticket number on the screen.
My wife ask the concern person whats next she was told that a decision will be made within 90 Minutes and if case worker want to ask any thing in regards to application she will be called other wise she should look her ticket number in the screen for Ready for collection.

At this point my wife said to that person that she wants to see the case worker as she needs to explain that she comes under the old rule but the request was turn down and was told if she is required she will be called by the case worker and most importantly the case worker knows what he/she is doing and will delt our application according to rules and regulation in place.

We came to the cafeteria and after 50 Minutes we saw our ticket number saying ready for collection. We went to the counter and all the docs and a letter was given to my wife CLEARLY stating that visa issued is for 2.5 Years not 2.

Place And Date of Issue UK 04-07-2014
Valid Until 04-01-2017

My wife then discuss this with officer who give us the letter and docs that why her application has no been consider under old rules and we were told that rules were change on 06-04-2014 which means my wife can not use the time she spent as my PBS dependent my wife still insist that she wants to speak to senior case worker or any concern person we had to wait there and after 1 hour a case worker call us into his counter me and my wife explain every thing but answer from case worker was the same that any Application for FLRM will be consider under new rules in place from 06-04-2014 .

I also explain it to the case worker giving reference from this forum (Imigrationboard.com) that a good number of applicant are still treated under old rules to which the case worker totally rejected the claims calling it FALSE Information and that the case worker is fully abide by the law and rules & regulation in place, and will not conduct any thing by breaching the rules on his/her behalf. He strongly advice us not to listen to any False statement and if possible report that person to the Home Office who spread such things.

So to all my friends it is 100 clear that any one who put FLRM Application will be consider under new Rules (2.5 + 2.5) and the time which he/she has spent on PBS will NOTTTT be consider unless the law changes.

So be advice not to waste your time and energy on all this Rubbish that u will be treated under old rules (Unless the case worker is Drunk or out of his seances) and those friends who are spreading FLASE news and completely misleading you all on this forum please stop doing all this.

Hope this help Insha Allah
Regards
Waqar Ahmed

[faisaltanoli]

Thanks Waqar for sharing such experience. I am from day 1st preaching that thing. I spoke to solicitors and HO and there answer was same. "NO" you have yo spend 5 years. The best thing is to challenge this rule rather waiting and thinking I might be escaped from slaughter house.

[Amber]

I think you'll find the Moderating Team of this board, myself and Vinny included, have been clear to inform people of the change, in fact I created a specific thread over a year ago warning people of the impending change. Most recently Vinny highlighted the statement of changes and we were sure to give people ample warning.

[W Ahmed6569]

Yes Amber & Fasial ,
when we give Reference from imigartionboard.com in regards to few LUCKY Guys got very lucky and that there application was consider under old rules and one was also granted ILR the case worker almost laugh it out by saying why on earth people spread ill fate, irresponsible ,Fake , False what Everrrrrrrrr u call it .

Let me be very verrrrrry clear on this me and my wife discuss this issue in depth with 2 case workers in Croydon on day of our Appointment and the answer we got

" This what the case worker has to say " Any Application regardless of the category will be delt in accordance to the the rules in place at the time of the Application no mater what the case worker will only look upon them rules if he/she has even little bit of confusion he/she will get in touch for an advice and willllllllllllllllllllll only deal your case according to the rules he/she is not allowed to go Above or Below the law at any point of time .

So my Advice to MR zzee and moon way and to All who post such FAKE news of Being granted FLRM under old rules or ILR PlZZZ Stop this Bullshit or get lost from her.

Regards
Waqar Ahmed

[Amber]

To be honest, I've seen some very bad UKVI decisions, some that have been granted leave erroneously. The quality of UKVI caseworkers sometimes leaves a lot to be desired. However, until seeing the BRP in person, I'd stick to the rules.

[faisaltanoli]

Hello Waqar,

I do not think that any one provided information on ill intentions, but under the hope that we will get through this case. I think there were cases happened and HO is masters of blunder so they did allow people, but it was their mistakes not the rules. Not everyone is lucky to be successful so what is the point to waste money. Instead we would have strive it in right direction and have challenged the rule.

Still time is there coz 5 years are too long.

Thanks

Regards
M Faisal

[john108]

@waqar, did you fill 7A or 7B?
If you have filled 7A, then there is no way you can expect a 2 year visa as it leads only to 2.5 year visa by default, I guess!

[Tier 4]

By the way does any one has any idea what's happening about the High Court judgment / legal challenge to the minimum income threshold for spouses/partners? How far that case has been gone or any hope to lower the income threshold?

[W Ahmed6569]

John 108,
Yes i completed 7A, Although my wife is my dependent before July 2012 rules, yet i was earning more then the require threshold £ 18600, we explain this to the case worker & we were advice that if we do full fill the requirement, we need to put that in the form which we did as the case work will only consider the rules in place at the time of our application, hence rules were already changed.

John this is not the point regardless of 7A or 7B the new rules in place from 06-04-14 are quite clear and this how the case worker deals with the cases and any one applying for FLRM will be granted 2.5 year initial & require another 2.5 Years extension in total 5 Years, there after the suppose he/she will be eligible for ILR.

Unfortunately there is no way around and one has to live with this as of now, until the rules been changed.

Regards
Waqar

[Tier 4]

John 108,
Yes i completed 7A, Although my wife is my dependent before July 2012 rules, yet i was earning more then the require threshold £ 18600, we explain this to the case worker & we were advice that if we do full fill the requirement, we need to put that in the form which we did as the case work will only consider the rules in place at the time of our application, hence rules were already changed.

John this is not the point regardless of 7A or 7B the new rules in place from 06-04-14 are quite clear and this how the case worker deals with the cases and any one applying for FLRM will be granted 2.5 year initial & require another 2.5 Years extension in total 5 Years, there after the suppose he/she will be eligible for ILR.

Unfortunately there is no way around and one has to live with this as of now, until the rules been changed.

Regards
Waqar

well rather than discussing all these rules with CW you should have simply and quietly tried 7B.

[W Ahmed6569]

Tier 4,
unfortunately things dont work the way we want it to, this is why applicants end up them selves in lot of trouble. its your wish if you want to try, one of my friend did 7B, yet he was given 2.5 Year visa,he also tried his level best to explain July 2012 rules & 7B but end up with the same result.

Go ahed with it but plz if u get very lucky with 2 Years Visa rather then 2.5 then please do post your approval letter covering your name address reference number etc. (just for the sake of help

[die_hard]

Not sure how rules work or CW are unaware of the rules.

This guy got ILR for his dependent at Cardiff PEO without even applying for FLR(M). Very strange.

http://www.immigrationboards.com/immigr ... l#p1057011

Tier 4,
unfortunately things dont work the way we want it to, this is why applicants end up them selves in lot of trouble. its your wish if you want to try, one of my friend did 7B, yet he was given 2.5 Year visa,he also tried his level best to explain July 2012 rules & 7B but end up with the same result.

Go ahed with it but plz if u get very lucky with 2 Years Visa rather then 2.5 then please do post your approval letter covering your name address reference number etc. (just for the sake of help

[Amber]

Poor training and lack of knowledge generally.

[Ayaz Khan Khalil]

Very Very Urgent Please Any Member Moderator any one please i need Advice.

Hi All,
My wife is with me in Uk since 2008 I have applied for my wife FLRM by post but now realise that i made a big mistake while filling the form i filled section 7A, while it clearly states on application that,

SECTION 7A - FINANCIAL REQUIREMENT
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.

So my question is that what will happen now will my wife application will be refused, i went to see one the solicitor today and he told me that Case worker may also think that i try to deceive him , I am very very worried now to what will happen to our application please advice me i will be very thankful, Amber, Viny or Any Moderator any Guru any Member waiting desperately for your reply.

[Amber]

You've filled in the correct part assuming you applied after 6 April 2014.

[faisaltanoli]

Very Very Urgent Please Any Member Moderator any one please i need Advice.

Hi All,
My wife is with me in Uk since 2008 I have applied for my wife FLRM by post but now realise that i made a big mistake while filling the form i filled section 7A, while it clearly states on application that,

SECTION 7A - FINANCIAL REQUIREMENT
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.

So my question is that what will happen now will my wife application will be refused, i went to see one the solicitor today and he told me that Case worker may also think that i try to deceive him , I am very very worried now to what will happen to our application please advice me i will be very thankful, Amber, Viny or Any Moderator any Guru any Member waiting desperately for your reply.

Hello bro,
Do not worry you did the right thing under the current policy you should fill the 7A. By the way who is this solicitor, ask him go back to college do your degree again.
Thanks
Regards
M Faisal