Legality of July 2012 rule changes for tier1

[faisaltanoli]

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

which peo you had an appointment and when??.please

[fuzzyhu]

Solihull in 2nd week of june

[Shami53]

SET(M) Application Refused at Croydon Today
Hello members,
My brief Immigration History
Enter Uk May 2010 as PSW Dependent of my wife. (After my wife got her PSW visa in Dec 2009)
Switch to Tier 1 General Dependent of my wife in Feb 2012, As my wife got her Tier 1 General Visa in Feb 2012
In June 2014 ,Switch to FLRM (2.5 Years ) Suppose Visa as, My wife Got her ILR on 10 Years Base in May 2014

After all the discussion with friends and different solictors and getting in touch with Home office to ask about me applying for SET(M) even tough my FLRM is 2.5 Years and i applied for my FLRM after 06 April 2014, yet i have to discuss the pre july 2012 rules as i came to this country way ahed of rules,

Any how i booked a P.E.O Appointment at Croydon on 21/07/14 for my SET(M) paying all the fee of £ 1493, Although i had use every possible means to discuss my case before going for SET(M) application, even today before entering the home office i call home office and after when i explain pre july 2012 rules toto the operator i was told to hold the line and then after almost 10 Minutes wait the operator came back with a positive answer saying that as i was dependent of my wife before July 2012 rules and then continulsely spend more then 2 years on same status that is why aim eligible for ILR even tough I applied for my FLRM after 06-04-14.

Today i went with my wife to Apply in person for my SET(M) all went absolutely well and i was not told that weather my application is invalid or i can not apply or any thing as such from cashier to Register officer and then biometric no body said any thing and then i was told that a decision will be made within 90 minted and we shell wait in the rest area/cafeteria.

Me & my wife both were on cloud 7 soo happy i could not believed what happen Until we were called at document collection point, I lithely jumped with joy while people staring at me as for the fact i knew its done we were not called for consultation or any thing which suggest that my application was valid Butttttttttt Story starts here

Application Refuse as i does not qualify for ILR until June 2109 as my FLRM was issued after 06-04-14 and also 2.5 was issued to me. I request the officer from whom i collected my docs and refusal letter that i want to see any one to dicuss the possibility of attest refund money , at my request we meet Croydon Branch Manger lady very nice , she took us to her office on 4th floor we sat there and then i explain all satiation of July 2012 rules and also that i had call home office so many times and i was told i do qualify.

The batch manger was really nice and polite and explain every thing according to her i does not qualify for ILR till 2019 as i applied and was granted FLRM visa after 06th April 214, then i request her if it is possible to do the refund as we only submit the application as per the info given but she said it is not possible as our application is now been processed and refused.

No words to express the satiation trough which me and my wife are going since this after noon . in totally i have lost a huge amount of extremely hard earn money and on top of that a refusal tag as well.

Application Fee: £ 1493
All other expenses for the day : £ 40
In total £ 1533 & Refusal tag into my home office file

Is their any way to try for the refund of the Application money as my heart is Sinking (Money+Refusal & 5 Years wait

[Amber]

Well you were warned, I myself told you it would be refused under your other username (I can see IP addresses).

[fuzzyhu]

i don't understand how that is possible as my case worker said to me i can apply anytime for ilr as im on the old rules... i had specifically asked him and he said that therefore why is your app refused on that basis???? croydon seems to be the worst service lots of peoples are refused on things like that

[fuzzyhu]

Spoke to immigration officer got myself worried as I thought I wont be able to apply for ilr if ive put in app to extend visa cause of life in uk.. but the officer said as I came on spouse visa I am fine to apply for ilr at any point even if I applied flr m.. but this rule does not apply for other catergroies basically only people who came on spouse visa and stayed on that can anytime apply for ilr after 2 year's even if I get flr m I can apply ilr anytime.. and about completing section 7a for the people under the old rules with spouse visa who came in uk with spouse visa are exempt and they do not need to fill in sectiom 7a... Therefore now I know why my case worker didnt say anything about not filling section 7a and said to me I can apply anytime for ilr..

[die_hard]

Hi fuzzyhu,

Can you be more clear - who are exempt from filling the section 7A ? I would assume, most of us applying for FLR(M) came to UK on a spouse visa ?

Spoke to immigration officer got myself worried as I thought I wont be able to apply for ilr if ive put in app to extend visa cause of life in uk.. but the officer said as I came on spouse visa I am fine to apply for ilr at any point even if I applied flr m.. but this rule does not apply for other catergroies basically only people who came on spouse visa and stayed on that can anytime apply for ilr after 2 year's even if I get flr m I can apply ilr anytime.. and about completing section 7a for the people under the old rules with spouse visa who came in uk with spouse visa are exempt and they do not need to fill in sectiom 7a... Therefore now I know why my case worker didnt say anything about not filling section 7a and said to me I can apply anytime for ilr..

[fuzzyhu]

Exemption is for spouse visa application don't know about family cause I was discussing about my spouse visa..
he said people on other catergroies such as working permits students and mentioned some others they will need to fill in even if came before new rules.. he read out the apendix where it mentioned 6th april rules but said to me as I got entry clearence as spouse before 9 july rules and have continuously been on this visa for two years I come under old rules and dont need to fill in 7a.. but he did say even if you do fill it in there is no problem..

[fuzzyhu]

People like who came to the uk on another visa other then spouse are not exempt and they csn not apply for ilr at anytime like some people have switched ther visas within the uk to other ones such as spouse etc.. if you habe not come here as a spouse and have switched visa within uk then they are not exempt they still will no qualify under old rules even tho they came under or were on that visa before old rules do u see what im saying

[die_hard]

"people on other catergroies such as working permits students and mentioned some others they will need to fill in even if came before new rules" - Why work permit, how are they different to Tier 1 or other as a dependant ?

What visa or spouse dependant visa did you enter UK ?

What number did you call to ask about this ?

Exemption is for spouse visa application don't know about family cause I was discussing about my spouse visa..
he said people on other catergroies such as working permits students and mentioned some others they will need to fill in even if came before new rules.. he read out the apendix where it mentioned 6th april rules but said to me as I got entry clearence as spouse before 9 july rules and have continuously been on this visa for two years I come under old rules and dont need to fill in 7a.. but he did say even if you do fill it in there is no problem..

[aurnoc]

@fuzzyhu : From what u said, i understood the following:
people who came to UK as spouse of ILR/Nationality holders are exempt and they can apply for settlement once they complete 2 years together.
Also, all unfortunate souls like myself are under the cruel rule because we switched categories after 6thApril.
U can apply for ILR because ur sponsor is already settled n u have completed 2 years requirement.

The 3 lawyers I spoke to this morning, said the same thing. However one said 5 years can include the PBS leave. So I asked if I have spent 5years on PBS leave then I can apply FLR M then immediately SET M? To which he said bibi u have only completed 3 years. V will discuss more in 2 years

[fuzzyhu]

Yeh thats what I mean I came to the uk as a spouse in april 2012 of a partner who is British citizen.. thats the only visa I have ever aplied and have been on that since.. After completing two years I could apply settlement but as time was running out and I was not able to pass life in uk o had yo go for flr m extention as a spouse and reason for the app which it asks you to tick is required more time to pass life in yhe uk to apply for ilr it is in the application.. plus I had wroteit in my cover letter I aapplied this year june but its on hold due to emd certificate investigation.. anyway I can apply for settlement anytime under old rules..
I had asked this to the case worker anyway as flr went on hold and he did say you can put in app for settlement or after at anytime..
I dont know why its different for others who came on other visa's and switched visa's

immigration helpline number and ask to speak to someone in higher position with good understanding of the law as there are some there who dont know the rules..
and be more demanding of your question and talk about the law yourself then they will tell you properly the man I spoke to even went through reading the law with me which was outon 6 april explaining what it means..

[aurnoc]

Thanks for explaining to us. Best of luck for your settlement application Do share the # for calling HO.

[khanzada123]

Guys just wanted to share my experience of PEO croydon for mu wife FLR ( M ).
First of all I dont know why people dont say the truth.
Even security Guards were aware of 6 April Rule forget about case workers.
Any way I been there with solicitor I thought he might convince them ...Got the token...Next counter submit the caae in the system....Next Biometric...Next waiting in the cafeteria plz keep in mind we didnt fill section 7 A according to the form as my wife is pre 9 july 2012 , while waiting in the caferteria my solicitor got a call from case wrker saying that every thing is fine all docs but why you didnt fill section 7 A , solicitor replied according to form I shouldnt be filling that section but he CW replied the rule has been changed so u cannot amalgate the time spent on PBS , u should have wait for next year to qualify for ILR as my wife was On tier 1 dependent but unfortunately I went for Long Residency basis and the rule changed.My
Solicitor said what about transitional arrangement CS replied rule changed from 6 April. My solicitor asked can I come and c u he replied u can but it wont make any change as the rule changed than my solicitor said ok can I come and fill that section he said no thats fine I will put a note on it as ur client is fullfills the 18600 k requiremeny.Visa granted but have to wait for another 5 yrrs to get ILR.
Moral story to share this with u guys to prapared ur mind for 5 years and dont take solicitor with u bcoz its just a waste of money.Any way best of Luck guys if u guys have got any question u r wellcome to ask.

[faisaltanoli]

Khanzada,

Thanks for sharing. It means thats confirm that even gambling time is over now. Cut the long story short, are you guys are willing to fight this case as I am thinking now to start some practical work. Please all the people who are willing to go for judicail review reply to the post so we shape up our next move.

Thanks

Regards

M Faisal

[khanzada123]

Yes I am ready to fight for it .

[Lemar]

I'm also ready

[Tier 4]

Me too just share the cost, it 'll be handy for those who live in London.

[john108]

Guys just wanted to share my experience of PEO croydon for mu wife FLR ( M ).
First of all I dont know why people dont say the truth.
Even security Guards were aware of 6 April Rule forget about case workers.
Any way I been there with solicitor I thought he might convince them ...Got the token...Next counter submit the caae in the system....Next Biometric...Next waiting in the cafeteria plz keep in mind we didnt fill section 7 A according to the form as my wife is pre 9 july 2012 , while waiting in the caferteria my solicitor got a call from case wrker saying that every thing is fine all docs but why you didnt fill section 7 A , solicitor replied according to form I shouldnt be filling that section but he CW replied the rule has been changed so u cannot amalgate the time spent on PBS , u should have wait for next year to qualify for ILR as my wife was On tier 1 dependent but unfortunately I went for Long Residency basis and the rule changed.My
Solicitor said what about transitional arrangement CS replied rule changed from 6 April. My solicitor asked can I come and c u he replied u can but it wont make any change as the rule changed than my solicitor said ok can I come and fill that section he said no thats fine I will put a note on it as ur client is fullfills the 18600 k requiremeny.Visa granted but have to wait for another 5 yrrs to get ILR.
Moral story to share this with u guys to prapared ur mind for 5 years and dont take solicitor with u bcoz its just a waste of money.Any way best of Luck guys if u guys have got any question u r wellcome to ask.

Hi sorry to hear about your case,
I'm trying to apply FLR to my wife next month.
How many months payslips and bank statements, have you shown with your application?

[khanzada123]

12 Months bank statements
12 Months payslips
Last year P60 if u can.

[Amber]

You don't supply 12 months unless you're applying under Cat B of Annex FM 1.7, for which an employer letter would also be required!

[Tier 4]

I am applying Set (LR) next month and FLR (FP) for my wife, both applications forms require different address to send, but I wanted my wife application FLR (FP) to decide / consider after mine Set (LR); what’s the best method to send?

• Should I put both application forms in one / same envelope and send at Set (LR) address?
• Or should I send my mrs FLR (FP) at its own address "separately"?

Or those who applied for their Spouse for FLR (M) along with their Set (LR) did they send them in same envelope or send separately?

[die_hard]

Hi Amber,

What do documents do we send when applying for FLR(M) and filling in section 7(A). Is it only 6 months pay slips...is that enough or we also need to provide 6 months bank statements showing salary for those 6 months ? Is an employer letter also needed when you provide with 6 months salary slips.

Your help is much appreciated. Thanks.

You don't supply 12 months unless you're applying under Cat B of Annex FM 1.7, for which an employer letter would also be required!

[khanzada123]

What is Cat c aneex fm 1.7....Amber

[aurnoc]

Hi Amber,

My FLR M appointment is on monday 28th. And we have attached 6 months payslips plus bank statements and employment letter stating hubbys job is permanent and ongoing since 2011.. We did read Annex FM 1.7 and we fall in Cat A, salaried employment. Please tell me if this enough?

Where the person is in salaried employment – they must have been paid throughout the
period of 6 months prior to the date of application at a level of gross annual salary which
equals or exceeds the level relied upon in the application. Therefore the figure used
towards the requirement will be the lowest level of annual salary received during the 6
month period.

You don't supply 12 months unless you're applying under Cat B of Annex FM 1.7, for which an employer letter would also be required!