Legality of July 2012 rule changes for tier1

[Ayaz Khan Khalil]

Faisal Tanoli , Thank you very much brother me and wife was very very worried since we send our Application on Monday she pointed out to me about 7A , so yesterday i went to see Malik Law Chamber Solicitors in Southall ( i was also charge £ 25 only for consultation) and was told by the solicitor that this might come under deception and will be refuse O brother since then my life was a hell. Let me just give u some brief history of our case.

I Applied for FLRM on Monday 7th July 2014 for my wife, i got my ILR in April 2014 on 10 Year base, but the form clearly states that do not need to fill 7A due to july 2012 rules. Although i have attached last 12 months pay slip Bank statements & p.60 which clearly shows that i am earning way more then £ 18600 required.
But will the case worker think we try to deceive him by filling 7A when it is not required.

[faisaltanoli]

No way....how come it would come under deception..according to new rules who ever apply for FLR (M) after 6 April 2014 should fill the section 7A and 7B. Do not worry about it. Senior member may shed some more light on it and as Amber said its completely right assuming current policy.

[Ayaz Khan Khalil]

Thank you Faisal you wrote that after 6th April 2014 Applicant need to fill 7A & 7B but as i have mention we have only fill 7A but not 7B ......

[faisaltanoli]

Brother its not top of my head and I do not want to give you wrong information, but maximum they will return your application as incomplete. Deception is something serious. Best thing give home office call tomorrow morning and clear the situation.

[Amber]

You only fill in 7A not A and B

[die_hard]

Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?

[faisaltanoli]

Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?

I am thinking through in person. By the waht document we required along with application If you know please tell me.

[die_hard]

"By the waht document we required along with application"

I didn't get what you meant ?

Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?

I am thinking through in person. By the waht document we required along with application If you know please tell me.

[faisaltanoli]

"By the waht document we required along with application"

I didn't get what you meant ?

Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?

I am thinking through in person. By the waht document we required along with application If you know please tell me.

I am sorry for my worse English.

I only meant, what documents we need to send/attached along the FLR(M) application?

[die_hard]

I think you need to show pay slips (6/12 months) if you going to fill Section 7A. If you are filling section 7B and not section 7A, then you need to give evidence that you and your dependent are able to adequately maintain you and any dependants in the United
Kingdom without recourse to public funds. They haven't mentioned how many month's bank statements or pay slips you need to provide for this.

Probably Amber can guide us regarding what documents and for how many months (6 or 12 months) you need to show.

[Ayaz Khan Khalil]

Hi Faisal ,
With FLRM Application u need to fill Section 7A not 7B as it is not applicable any more

On monday when i applied for my wife FLRM we filled Section 7A rather then 7B although my wife qualify for 7B due to july 2012 rules, i then posted my concern here and was advice that it was right one, to be on the safe side i called home office today to get some general info regarding filling 7A or 7B i was informed that from 6-04-14 7B is not Applicable and every one has to fill 7A regardless of they are here before july 2012.

Although it was debatable as it is clearly mention in FLRM form that if person is here as a partner then before july 2012 then there is no need to fill 7A go to 7B.

[faisaltanoli]

what document you attached with your application??

[Ayaz Khan Khalil]

Faisal,

Documents which i send as part of FLRM Application are
1. My Passport (only Current) with Biometric residence permit
2. My 12 Months Pay Slips
3. 12 Months bank statements to prove the pay entry in my account.
4. 6 Letters of Cohabitation from me + 6 Letters of Cohabitation from wife
5. Wife passports (All) and her Biometric card.
6. Nikha Nama (English + Urdu)
7. A 1 English language certificate from Trinity College
8. 2 Pics of me and my wife.

[faisaltanoli]

what did you provide in 6 letter of cohabitation?

[Ayaz Khan Khalil]

Faisal i have provided following letter of letter of cohabitation

For My Self
Bank Account statement (2Years)
Credit Card Statement ( 2 Years)
Water Bill (2 Years)
BT Telephone Bil (2 Years)
P. 60 (2 Years)
Letter from Electoral office (2 Years)

For My Wife.
Bank Account statement (2Years)
Credit Card Statement ( 2 Years)
Tv Licence ( 2 Years)
Council Tax Bill (2 Years)
Gas Bill ( 2 Years)
Electricity Bill (2 Years)

[faisaltanoli]

Brother you have provided more then enough which is good. I will definately struggle to provide that many things

[Ayaz Khan Khalil]

Faisal ,
Do not worry if u even provide 3 each that should be enough as my cousin do not had more just Bank statement, Credit Card Statement and Letter from G.P . he went for a Window service at Croydon and explain that to the person who enter your case into computer and he was told its ok .
But Only make sure one thing and that is your English Language Certificate Awarding body is not EMDQ because home office holding all the application with EMD A1 or B1 English Language qualification they hold my cousin case as well and give him only a letter which say you case has been forward to special team for further investigation regarding EMDQ A.1 English Language

[game_of_luck]

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 ,bad quality , 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 bad quality news of Being granted FLRM under old rules or ILR PlZZZ Stop this Bullshit or get lost from her.

Regards
Waqar Ahmed

Dear Waqar,
Can you please confirm what status did your wife entered the UK?
Did she entered on a PBS (leading to settlement) category?
Thanks

[game_of_luck]

Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?

Faisal bro,
any plan of challenging this stupid rule? any updates on this....
I am in the same boat, wife entered in 2010 as Tier 1 dependant and I got ILR (LR) last month.
She still has valid visa till feb 2015 but I have to change her status to FLR(M) and this though is mega scary that the clock will reset and she will have to wait for another 5 years....... 4 and a half already spent and another 5 years

[die_hard]

game_of_luck,

Have you got your ILR, if so is it on 10 years ILR (LR) ?

Hi faisaltanoli,

When are you applying for your dependant's FLR(M) ? Are you applying in person or by post ?

Faisal bro,
any plan of challenging this stupid rule? any updates on this....
I am in the same boat, wife entered in 2010 as Tier 1 dependant and I got ILR (LR) last month.
She still has valid visa till feb 2015 but I have to change her status to FLR(M) and this though is mega scary that the clock will reset and she will have to wait for another 5 years....... 4 and a half already spent and another 5 years

[W Ahmed6569]

game of luck,
My wife enter UK on Student Dependent Visa as my dependent in 2007,
Do not waste your time on all this which I also did unfortunately your wife has to stay on FLRM as your suppose for another 5 years (2.5 initially & them u will require another extension of 2.5 there after you can apply for your wife Indifnate keep in mind that 5 year time will only start from the date of visa issued any time past as PBS dependent will be null and void i mean 0. As u mention clock will restart I am afrid and there is no way arround what so ever unless you are very very luck and the case worker has less knowledge and make error which they are famous for, other wise rules have changed from 06-04-14 and you have also miss the train like me

[khanzada123]

Yes the clock will reset again and we have to show maintanence for 5 years as well £18600/ to qualify for ILR...so we have to work hard again and make sure we dont get any benefits for 5 years...almost every one in the same situation.I will update you guys soon to get my wife FLR (M) at PEO.

[khanzada123]

For those who are awaiting decision on minimum income threshold please follow the link for latest News from HO;

https://www.gov.uk/government/news/home ... -threshold

[faisaltanoli]

Hello,

As I was compaigning from the day first that we have go for Judicial review of the policy and it was happened in past when policy was challenged and subsequently changed. We must have joined hand together and challenge this rule in high court. I hope we will have an opportunity
I rather like struggle then die hopelessly.

Thanks
Regards
Faisal

[faisaltanoli]

I have contacted the solicitors and he quoted me figure of 10000 pounds. If we have enough people then we can challenge this rule. If someone else know a really good barrister we definately will take the opportunity over there.
Thanks
Regards