Legality of July 2012 rule changes for tier1

[khanzada123]

Dear faisaltanoli as you are aware home office won the case of Minimun threshold so do you if we challenge this we will win ...I dont think so and it will take too long to decide the case.Still I dont mind to share the cost if we got enough people to join us.

[faisaltanoli]

Every case has its own dynamics. I do not think so the HO won the case. High court have called it unjustified but not give a ruling to abolish it. Our case have different dimension where we are not asking for abolishing the rule but asking to continue the transitional period. HSMP people had won similar case.

[khanzada123]

My dear I dont mind to share but do you how many people fo we need to challenge tha case.

[khanzada123]

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

[Lemar]

Hi all,

I received ILR in May and we applied for my partners flr(m) recently at peo. He was a pbs dependant pre July 2012. The letter states in order to qualify for settlement you must have completed a period of 2 years in the uk as a spouse.

We received the brp and that has been issued for 2 and a half years.

Does anyone know whether it is worth trying to book another appointment for settlement based on the letter stating 2 years.

Please help

Thanks

[Amber]

Leave under Appendix FM will take 5 years.

[game_of_luck]

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

Hi Waqar,
I have been following this grey area for long now. This is my opinion & observation and many Gurus/moderators might not agree....
Spouse's who entered the UK on a settlement route pre-july 2012 (student dependant in your case) are getting 2 year and have had a successful outcome even after 6th Apr 2014 - we have few example cases here.
In all such cases where they managed to get 2 years and letters stated that they can apply for settlement after 2 years , which they did straightaway and were successful, the dependants had entered the country on a settlement route rather than student dependant and switching into pbs dependant in country.
Anyone else noticed this??
Faisal I have seen you struggling in this area too, did you notice this or you disagree with me??
Thanks

[Lemar]

Hi amber

Thanks for reply.

If the letter states two years does it mean it was considered old rules but brp new rules? It's slightly confusing.

I'm wondering if the two do contradict maybe we could explain at peo?

[faisaltanoli]

I think it may be coincidence, but normally they are looking the current status you are.

[W Ahmed6569]

Preview: Home Office Wins Judgment on Minimum Income Threshold
Please Note: The Article & the Link provided below is Courtesy of GOV.UK website
https://www.gov.uk/government/news/home ... -threshold

The Home Office welcomes a Court of Appeal judgment, upholding the lawfulness of the income threshold under the new family migration rules.

The minimum income threshold for British citizens to sponsor a non-EEA spouse or partner or child to come and live in the UK was introduced in July 2012. It aims to ensure that family migrants do not become reliant on the taxpayer for financial support and are able to integrate effectively.

The minimum income threshold was set, following advice from the independent Migration Advisory Committee, at £18,600 for sponsoring a spouse or partner, rising to £22,400 for also sponsoring a child and an additional £2,400 for each further child.

Family life must not be established in the UK at the taxpayer’s expense
Immigration and Security Minister James Brokenshire said:

I am delighted that the Court of Appeal has comprehensively upheld the lawfulness of this important policy.

We welcome those who wish to make a life in the UK with their family, work hard and make a contribution, but family life must not be established in the UK at the taxpayer’s expense and family migrants must be able to integrate.

The minimum income threshold to sponsor family migrants is delivering these objectives and this judgment recognises the important public interest it serves.

Today’s judgment overturns an earlier High Court judgment from July 2013, which was supportive of the approach but found that the impact of the minimum income threshold on family life could be disproportionate.

Applications on hold will now receive a decision
The judgment will mean that, from the 28 July, the 4,000 individuals whose applications are currently on hold, pending this judgment, will now receive a decision. These are cases which met all the requirements apart from the minimum income threshold and now stand to be refused.

Published on GOV.UK
11 July 2014
https://www.gov.uk/government/news/home ... -threshold

[khanzada123]

Guys Advise Please...boooked an Appointment on Wed for wife FLR (M)......
DOCUMENTS .........My wife...... GOT are as
1 Joint Account Last 3 months only
Driving License & Counterpart
Electroregister letter
GP .. Registration Letter
2 Kids Birth certificates
1 year Bank statements
Mid wife letters and Hospital Appointment letter s

My Documents.........
2 year payslips
A1 English test Trinity college
2 year P60
24 Month Bank statements
Last 3 Months Mibile bill
Last 3 Month credit statements
Last 3 Months Another bank statements


Members are these documents enough plz advise if I have missed any thing .......

[faisaltanoli]

I think it should be fine they require 6 form of supporting document. Please let us know the outcome of the application and which centre you have booked your appiontment?

[khanzada123]

Faisaltanoli.....I will update u guys on wednesday Inshallah.....we dont have any other bills or joint accoints...we pay electricity...gas all inclusive in rent....some one said we have to show 2 year bank statements...I dont no lets c....Will discuss about 2 year 5 year issue with the casevworker bcoz my wife is in the uk from 2010.....

[khanzada123]

Faisaltanoli.......croydon

[faisaltanoli]

Wish u best of luck...

[khanzada123]

Thanks

[khanzada123]

One of the member just mentioned this:

Trinity college has been removed from approved english list, there is statement of changes dated 10 July 2014 on HO website .

Bless him I wasnt aware and booked an appointment on wednesday.....I dont know what to do now.

Are u guys aware of this.

[Naveed02020]

Khanzada123,
U will not be able to see the case worker from start to till the end, untill the case worker has some concern & wants to see u even if u request to see the the case worker it is completely up to descretion of case worker to see u.
In our case we did the same to request to meet the case worker & explain the 2 year rule because my wife came to UK in 2008, but our request to see the case worker was turn down and was told and the officer who register our case in the system explain it to us that if my wife Appliction get successfully she will be
granted 2.5 Visa no matter since when is she my
dependent.

The only people u will meet in Cryodon office based on our expernice are
1. Cashier who will give u ticket number

2. From there u will be called by officer to register your case, check your & your wife passport & biometric card , scan both yours and you wife pics and then ask u to hand over all the supporting documents, which will be put together in a envelop and will tell u to wait for your biometric, when we ask the officer if all the supporting docs are ok, reply was the case worker will check it if more docs are required we will be informed.

3. The last person u will see the person who register your biometric and take the envelop in which your Appliction and all the supporting docs are and then the wait of your life as u will be told to go and sit in the cafeteria and decision will come within 2 Hours may be less depend how busy they are .

U will then wait and watch the screen to check your ticket number if successful your ticket number will get display in Document to be collected if not, u will be call back at the place were your case was register and a letter will be given to u also explain verbly about why your Appliction is not process.

So from start til end the only question the officer ask me was how did I got my ILR that's all no question ask of my wife.
Although unfortunately our Appliction was put on hold and the reason given to us is English language Certificate B.1 Entry level 3 from EMDQ , I am posting letter given to us covering my names and address . We went to Croydon yesterday.

Naveed

[faisaltanoli]

you sure that trinity college is removed from list as my wife just passed the test from there

[Naveed02020]

Faisaltanoli,
when did I mention Trinity college can u please point it out to me, .
Any how let me state it for your peace of mind but please do read my reply properly associating me with wrong Info my wife did B.1 Entry level 3 from " EMDQ " and our appliction has been put on hold due to " EMDQ " B.1 Entry level 3 qualification we were also told by the officer who give us the letter that Home office is holding every application with EMDQ qualification as according to them " EMDQ " is under investigation.

Hope u can see it and read it clear.

Naveed

[khanzada123]

Faisaltanoli....I am not sure yet one of the member of this forum mentioned to me......My wife just passed it too.I willlet u know.

[faisaltanoli]

One of the member just mentioned this:

Trinity college has been removed from approved english list, there is statement of changes dated 10 July 2014 on HO website .

Bless him I wasnt aware and booked an appointment on wednesday.....I dont know what to do now.

Are u guys aware of this.

I am refereing to Khanzada123..

[khanzada123]

Naveed02020....Thanls for sharing ur experience.
I am submitting these docs with my wife FLR (M)..Do u think are these enough....

DOCUMENTS .........My wife...... GOT are as
1 Joint Account Last 3 months only
Driving License & Counterpart
Electroregister letter
GP .. Registration Letter
2 Kids Birth certificates
1 year Bank statements
Mid wife letters and Hospital Appointment letter s

My Documents.........
2 year payslips
2 year P60
24 Month Bank statements
Last 3 Months Mibile bill
Last 3 Month credit statements
Last 3 Months Another bank statements


Members are these documents enough plz advise if I have missed any thing .......

aveed02020....Thanks for sharing the experience ..
I am submitting these docs with my wife FLR (M)...Could u plz check it for me.

[faisaltanoli]

Faisaltanoli....I am not sure yet one of the member of this forum mentioned to me......My wife just passed it too.I willlet u know.

I just spoke to trinity college and they said its nothing like that, If you took the A1 or B1 exam and you have passed it then it fine. Its all about life for skill which you have to take the course and then give an exam...believe me i do not know what is life for skill.

[khanzada123]

Naveed02020....Thanls for sharing ur experience.
I am submitting these docs with my wife FLR (M)..Do u think are these enough....

DOCUMENTS .........My wife...... GOT are as
1 Joint Account Last 3 months only
Driving License & Counterpart
Electroregister letter
GP .. Registration Letter
2 Kids Birth certificates
1 year Bank statements
Mid wife letters and Hospital Appointment letter s

My Documents.........
2 year payslips
2 year P60
24 Month Bank statements
Last 3 Months Mibile bill
Last 3 Month credit statements
Last 3 Months Another bank statements


Members are these documents enough plz advise if I have missed any thing .......

aveed02020....Thanks for sharing the experience ..
I am submitting these docs with my wife FLR (M)...Could u plz check it for me.