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Legality of July 2012 rule changes for tier1

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Naveed02020
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Re: pre july 2012 PBS dependants - Petition

Post by Naveed02020 » Tue Jul 15, 2014 3:59 pm

Faisal,
:) :) oho sorry bro I taught u said it about me :) truce :) , Any how as for as Trinity college is concern let me tell u some thing one of Guru on this forum advice me that while home office is holding my wife case due to "EMDQ" we should do it from another place and send it as additional doc to be replace with EMDQ so I decide to get Trinity college B.1 but to be on the safe side today I call home office and enquire as General not related to our application that if a person appliction is on hold due to EMDQ and he send another English language in the mean time will the home office consider that the answer was YES.

Then I told the case worker if Trinity College is acceptable I was put on hold and then the answer was YES again

So nothing to worry and this is for every one :) :)

Naveed

faisaltanoli
Member
Posts: 154
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Tue Jul 15, 2014 4:11 pm

Naveed02020 wrote:Faisal,
:) :) oho sorry bro I taught u said it about me :) truce :) , Any how as for as Trinity college is concern let me tell u some thing one of Guru on this forum advice me that while home office is holding my wife case due to "EMDQ" we should do it from another place and send it as additional doc to be replace with EMDQ so I decide to get Trinity college B.1 but to be on the safe side today I call home office and enquire as General not related to our application that if a person appliction is on hold due to EMDQ and he send another English language in the mean time will the home office consider that the answer was YES.

Then I told the case worker if Trinity College is acceptable I was put on hold and then the answer was YES again

So nothing to worry and this is for every one :) :)

Naveed
Thanks Naveed.

Naveed02020
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Re: pre july 2012 PBS dependants - Petition

Post by Naveed02020 » Tue Jul 15, 2014 4:16 pm

Dear Khanzada,
It totally depend on case worker, although I will suggest if u get a letter from your GP for your wife covering the 2 year period, Insha Allah u will be OK

Naveed02020
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Re: pre july 2012 PBS dependants - Petition

Post by Naveed02020 » Wed Jul 16, 2014 6:18 pm

Hi Khanzada,
Bro did every thing went well with your wife FLRM Applicition, as per your previous post you had an appointment for same day service at Cryodon today , can u plz share your experience members are waiting to hear it from u.

Regards
Naveed

khanzada123
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Posts: 107
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Re: pre july 2012 PBS dependants - Petition

Post by khanzada123 » Wed Jul 16, 2014 6:52 pm

Dear Naveed02020....Its on coming wednesday...will let u guys know Inshallah.

raihankhandaker
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Re: pre july 2012 PBS dependants - Petition

Post by raihankhandaker » Thu Jul 17, 2014 12:59 am

Hi guys,
Need some help regarding my wife's FLR (m) application. She is my PBS dependent since oct 2008. Our last extension was before 9th July 2012 and I have got my ILR last month. Do I have to show 18,600 income or I am in transitional provisions that I don't have to show 18,600. Thanks

haji786
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Re: pre july 2012 PBS dependants - Petition

Post by haji786 » Thu Jul 17, 2014 1:25 am

hi dear
thats realy good idea i think first of all we need maximum number of people to join us.i have 4 friends who wants to do it.have u tried immigration board call (0344-991-9222) and speak with them.i have heard perviouly HSMP CASE(4YEARS).they took to the high court and won it.but solicter told me if u challenge it .u will definately win.we need to make a form to gather maximun number of people who are affected by this rule.

Varsha8042
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Re: pre july 2012 PBS dependants - Petition

Post by Varsha8042 » Thu Jul 17, 2014 3:48 am

Hi,
For all the members who are in pursuit of 2 years visa for their suppose under the old rule rather then 5 year 2.5 each as per new rules, I closely followed this forum all the way before booking a PEO appointment was last week Tuesday (Same day service at Cryodon for FLRM trying to obtain and was quite confident and sure because several members on this forum share their experience of obtaing 2 years rather then 2.5.

But I was totally & utterly wrong and was extremely disappointed by the fact that members either try to provide wrong information or they were lucky enough as it might be in their case that the case worker was not fully or completely aware of the rules in place, any how in my case the case worker was fully aware of the rules and followed exactly what he was trained to do so.

Me & husband had decided not to discuss any rules with any one but did fill Finicial Requirement Section 7B as it is mention on form if an applicant is in UK before July 2012 don't need to fill 7A.

The officer start entering our case into system by checking Appliction , every thing was smooth until the officer pointed out to us that we have wrongly filled Section 7B and that from 06-04-14 every applicant has to fill 7A other wise the appliction will be consider as invalid, at this point I try to explain that I came to UK in 2009 & come under old rules July 2012 rules but all in vain as the officer said that he can not validate the appliction form unless we fill 7A we told officer we don't have other form he replied that he will give us a print out of the specific pages required and we have to fill 7A as our appliction will be consider under the new rules started from 06 April 14 .

At this point we taught we should point out 2 year visa as we'll rather then getting 2.5 , we did that but all in vain answer was the same under new rule, under new rule, under new rule :( :( applicable from 06 April 14.


Firstly me & my husband got very disappointed we wanted to see the case worker and explain the 2 year rule and that I came to UK as PBS dependent of my husband in 2009 therefore my appliction should be consider under old rules and 2 years visa should be issued but our request to see the case worker was not accepted and we were told that if it's required we will be called other wise the application will be process by the case worker.

All our efforts were useless as we filled section 7A and after entering our case and biometric our application was approved for 2.5 years visa.

We received our biometric card yesterday :( our last hope as we taught home office might issue 2 years card rather then 2.5 as mention by some member were they had 2.5 years letter followed by 2 years biometric card and vice versa , but we were living in illusion as we received biometric card with 2.5 visa.

Any ways best of luck to all for the next painfull & stressful trying & testing 5 Years :( :( :(

faisaltanoli
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Thu Jul 17, 2014 9:39 am

haji786 wrote:hi dear
thats realy good idea i think first of all we need maximum number of people to join us.i have 4 friends who wants to do it.have u tried immigration board call (0344-991-9222) and speak with them.i have heard perviouly HSMP CASE(4YEARS).they took to the high court and won it.but solicter told me if u challenge it .u will definately win.we need to make a form to gather maximun number of people who are affected by this rule.
Hello Haji786

That is good news that we have people who are now seriously thinking to challenge this rule. I am bite naive to rolling a ball in your court, but please if you can speak to them and get some quote or opnion. As you are saying they had fought the case for HSMP. I already got one quote from solicitor which you can find on previous pages, but I know him as solicitor and hence not proved his capabilities in test case like this.

Thanks
Regards

M Faisal

W Ahmed6569
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Re: pre july 2012 PBS dependants - Petition

Post by W Ahmed6569 » Thu Jul 17, 2014 4:18 pm

Versha8042
My wife has faced similar satituion like you Versha, but realistically speaking we knew exactly what rules were in place at the time of appointment so I believe we like so many other made fool of our self although case workers of home office do make regular mistake/error yet we went on the bases of probability and assumptions rather then reality that is why we should not feel the pain as much as the applicant with a certain out come yet deprive of their right.

My suggestion to all members who are planing to Apply for FLRM from today onwards or had applied after 06-04-2014 rules please be advice as of personal experience that no matter what u do at the end u will get 2.5 years visa and will have to wait 5 years before u can apply for ILR. Please do not involved youerself the way we did rather concentrate on your current appliction with new rules.

Regards
Waqar

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Re: pre july 2012 PBS dependants - Petition

Post by Tier 4 » Fri Jul 18, 2014 3:42 am

faisaltanoli wrote:
haji786 wrote:hi dear
thats realy good idea i think first of all we need maximum number of people to join us.i have 4 friends who wants to do it.have u tried immigration board call (0344-991-9222) and speak with them.i have heard perviouly HSMP CASE(4YEARS).they took to the high court and won it.but solicter told me if u challenge it .u will definately win.we need to make a form to gather maximun number of people who are affected by this rule.
Hello Haji786

That is good news that we have people who are now seriously thinking to challenge this rule. I am bite naive to rolling a ball in your court, but please if you can speak to them and get some quote or opnion. As you are saying they had fought the case for HSMP. I already got one quote from solicitor which you can find on previous pages, but I know him as solicitor and hence not proved his capabilities in test case like this.

Thanks
Regards

M Faisal
I would like to know the amount that we will need to spend on lawyers in a case like this, especially in the light of recent UKBA success.
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faisaltanoli
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Posts: 154
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Fri Jul 18, 2014 9:54 am

The quote i got was 10k.

Tier 4
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Re: pre july 2012 PBS dependants - Petition

Post by Tier 4 » Fri Jul 18, 2014 11:27 am

faisaltanoli wrote:The quote i got was 10k.
Dont mind to split .... don't know how many people we have though ....
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faisaltanoli
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Fri Jul 18, 2014 11:39 am

Tier 4 wrote:
faisaltanoli wrote:The quote i got was 10k.
Dont mind to split .... don't know how many people we have though ....
At least 20 or more participant would be fine. I think we need to start make list of the people who are willing to participate.

Tier 4
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Re: pre july 2012 PBS dependants - Petition

Post by Tier 4 » Fri Jul 18, 2014 7:16 pm

faisaltanoli wrote:
Tier 4 wrote:
faisaltanoli wrote:The quote i got was 10k.
Dont mind to split .... don't know how many people we have though ....
At least 20 or more participant would be fine. I think we need to start make list of the people who are willing to participate.
Yea it ll be good for a kick start, with a face book page
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game_of_luck
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Re: pre july 2012 PBS dependants - Petition

Post by game_of_luck » Sat Jul 19, 2014 10:17 pm

@ Varsha8042 and W Ahmed6569,
Thanks for sharing this experience of yours.. It definitely helps!
I am following this grey area for months on daily basis and until your experiences was convinced(by few positive e.gs on this forum) that I should apply my LR (as I qualify since early July). But I think its sensible approach to wait for another 7 months and apply for SET(O) and my wife will be granted ILR with me same day (As my 5 years on tier1 complete in Feb 2015)

Read the below post plz: @ hadu21 this is also a case from Croydon on 18th July. V v v v v confusing situation!
Such cases are compelling at times and I do feel that I should take a chance but your cases are very big lesson for me. THANKS for sharing your experiences.

http://www.immigrationboards.com/indefi ... 14680.html

One question please : were your dependents granted entry clearance as PBS dependents or they switched from Tier 4 dependents after arriving in the UK?

I can imagine how painful is the 5 years wait for you guys.. Wish you best of luck during these hard waiting years...

W Ahmed6569 wrote:Versha8042
My wife has faced similar satituion like you Versha, but realistically speaking we knew exactly what rules were in place at the time of appointment so I believe we like so many other made fool of our self although case workers of home office do make regular mistake/error yet we went on the bases of probability and assumptions rather then reality that is why we should not feel the pain as much as the applicant with a certain out come yet deprive of their right.

My suggestion to all members who are planing to Apply for FLRM from today onwards or had applied after 06-04-2014 rules please be advice as of personal experience that no matter what u do at the end u will get 2.5 years visa and will have to wait 5 years before u can apply for ILR. Please do not involved youerself the way we did rather concentrate on your current appliction with new rules.

Regards
Waqar

Tier 4
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Re: pre july 2012 PBS dependants - Petition

Post by Tier 4 » Sat Jul 19, 2014 11:35 pm

hadu21 wrote:Dear Members,

I need advice about immigration case of my wife.

I was granted ILR on 14th April 2014 on 10 year Long Residence Basis. My 2 children (Born in London) have now acquired British Nationality and British Passports in July 2014.

I applied for my Wife's FLR (M) in Croydon PEO yesterday which was approved in 1 hour & visa granted.

My 2 kids and my wife were my dependents (Tier 1 General) since October 2011.

The approval letter we received at PEO croydon mentions that my wife has to wait for 2 years in order to apply for Settlement (ILR). However, I asked the caseworker that she has already been my dependent (wife) for more than two years and she replied that she can apply for ILR any-time suitable for us.

However, I know that rules have changed since 6 April 2014 which means that spouses have to wait for 5 years to get ILR.

I am really confused and dont know who to belive.

Can seniors of this forum help me understand the situation and guide me.

Regards
Check this out - Who we believe
Last edited by Tier 4 on Sat Jul 19, 2014 11:44 pm, edited 1 time in total.
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Tier 4
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Re: pre july 2012 PBS dependants - Petition

Post by Tier 4 » Sat Jul 19, 2014 11:43 pm

Tier 4 wrote:
W Ahmed6569 wrote: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
hadu21 wrote:Dear Members,

I need advice about immigration case of my wife.

I was granted ILR on 14th April 2014 on 10 year Long Residence Basis. My 2 children (Born in London) have now acquired British Nationality and British Passports in July 2014.

I applied for my Wife's FLR (M) in Croydon PEO yesterday which was approved in 1 hour & visa granted.

My 2 kids and my wife were my dependents (Tier 1 General) since October 2011.

The approval letter we received at PEO croydon mentions that my wife has to wait for 2 years in order to apply for Settlement (ILR). However, I asked the caseworker that she has already been my dependent (wife) for more than two years and she replied that she can apply for ILR any-time suitable for us.

However, I know that rules have changed since 6 April 2014 which means that spouses have to wait for 5 years to get ILR.

I am really confused and dont know who to belive.

Can seniors of this forum help me understand the situation and guide me.

Regards
Check this out - Who we believe
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aurnoc
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Location: Wiltshire, UK

Re: pre july 2012 PBS dependants - Petition

Post by aurnoc » Sun Jul 20, 2014 12:56 am

First time I landed on this topic by chance. Have signed petition. So upset about the new rule :( we could have waited few months and got ilr for hubby n myself. But all friends n lawyers advised that he should go for 10years. Feel cheated :oops: :!:

faisaltanoli
Member
Posts: 154
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Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Sun Jul 20, 2014 1:02 am

Hello,

As things are become clear we need to find solution as 5 years too long to wait...

Regards Faisal

aurnoc
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Re: pre july 2012 PBS dependants - Petition

Post by aurnoc » Sun Jul 20, 2014 2:03 am

I have acquired the contact of the immigration lawyer who also comes on TV giving advice. if anyone can call n see what way he can help. I have a terribly busy week and then PEO appointment for FLR M on 28th. Soooo depressed :(

game_of_luck
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Re: pre july 2012 PBS dependants - Petition

Post by game_of_luck » Sun Jul 20, 2014 1:30 pm

@aurnoc..
I can understand your frustration... Now as you have already got ilr therefore try your luck as things are still crazy. We all have seen examples of people getting 2 years and in Varsha/W Ahmeds case they even tried to convince the case workers but no joy!
Good luck to you and I wish you get 2 years visa rather than 2.5 years.

But seriously this is utter nonsense that applicants are not treated as a standard rule. Is it the case worker or homeoffice's dual policy?
Plz keep us posted with the outcome of your application.

Faisal, what do you say on Hadus's case and then at the same time Varsha's disappointment! isnt it :?: :?: :?:
aurnoc wrote:I have acquired the contact of the immigration lawyer who also comes on TV giving advice. if anyone can call n see what way he can help. I have a terribly busy week and then PEO appointment for FLR M on 28th. Soooo depressed :(

faisaltanoli
Member
Posts: 154
Joined: Mon Oct 22, 2012 10:27 pm

Re: pre july 2012 PBS dependants - Petition

Post by faisaltanoli » Sun Jul 20, 2014 1:37 pm

game_of_luck wrote:@aurnoc..
I can understand your frustration... Now as you have already got ilr therefore try your luck as things are still crazy. We all have seen examples of people getting 2 years and in Varsha/W Ahmeds case they even tried to convince the case workers but no joy!
Good luck to you and I wish you get 2 years visa rather than 2.5 years.

But seriously this is utter nonsense that applicants are not treated as a standard rule. Is it the case worker or homeoffice's dual policy?
Plz keep us posted with the outcome of your application.

Faisal, what do you say on Hadus's case and then at the same time Varsha's disappointment! isnt it :?: :?: :?:
aurnoc wrote:I have acquired the contact of the immigration lawyer who also comes on TV giving advice. if anyone can call n see what way he can help. I have a terribly busy week and then PEO appointment for FLR M on 28th. Soooo depressed :(
expect any miracle from HO...and what could I say except Hadu's was lucky and Varsha was unlucky...

fuzzyhu
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Re: pre july 2012 PBS dependants - Petition

Post by fuzzyhu » Mon Jul 21, 2014 3:20 pm

Omg shocking

I dont understand how could they say to fill in section 7a even though you were here before july 2012..

I applied for flr m premium service even tho I could apply gor settlement unfortunately I didn't pass life in the uk in time all my fault really as I left it till last minute... anyway I did not fill in section 7 a as it says on the application to proceed to 7b if came under old rules.. now my confusion is how could they say to fill in 7a as it is law from april this year.. if that was the case then the new application forms were also updated new from april and it then should have said in their to fill in 7a even if u came under old rules..

my case worker said nothing about that I didnt fill it in he only said he can not make a final decision cause of emd certificate and I have to wait othetwise he told me my application is successfull just have to see and wait for the investigation.. plus he said to me I can anytime during this time and when I get extention can apply for ILR as im under the old rules.. and plus you have guidance notes to fill in app and it clearly tells you go to this section etc... you follow that to fill in app therfore they cant refuse if you haven't filled in a section you werw not sposed to and as I said if that rule to fill in 7a came in April then also the new app forms were updated in april should have been in their then..

we dont follow law when filling form we are told to follow guidance notes and it wasn't mentioned in their

fuzzyhu
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Re: pre july 2012 PBS dependants - Petition

Post by fuzzyhu » Mon Jul 21, 2014 3:21 pm

Omg shocking

I dont understand how could they say to fill in section 7a even though you were here before july 2012..

I applied for flr m premium service even tho I could apply gor settlement unfortunately I didn't pass life in the uk in time all my fault really as I left it till last minute... anyway I did not fill in section 7 a as it says on the application to proceed to 7b if came under old rules.. now my confusion is how could they say to fill in 7a as it is law from april this year.. if that was the case then the new application forms were also updated new from april and it then should have said in their to fill in 7a even if u came under old rules..

my case worker said nothing about that I didnt fill it in he only said he can not make a final decision cause of emd certificate and I have to wait othetwise he told me my application is successfull just have to see and wait for the investigation.. plus he said to me I can anytime during this time and when I get extention can apply for ILR as im under the old rules.. and plus you have guidance notes to fill in app and it clearly tells you go to this section etc... you follow that to fill in app therfore they cant refuse if you haven't filled in a section you werw not sposed to and as I said if that rule to fill in 7a came in April then also the new app forms were updated in april should have been in their then..

we dont follow law when filling form we are told to follow guidance notes and it wasn't mentioned in their

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