Cover letter for Set(M) ILR old rule before 9 July 2012

[esmsi]

I try to make a cover letter for my wife who came as PSW depandent in 2008. I approved ILR in feb 2014 under long residency.
Afer main applicant ILR ,depandent applied flr(M) in 2nd appril 2014 by post . Approved in May 2014.


Copy from other post and edited the cover letter bellow.
Please advice me .Also I am confused about can I go by post or PEO?

To
Premium Service Centre
UK Visas & Immigrations

Your Reference: ----------------
Case ID: --------------------

Subject: SET(M) Indefinite Leave to Remain

Applicant came UK as PSW dependant in 2008 . Later switch to tier 1 depandent. Later exend visa as teir1 depandent .
Main application appliued ILR in 2013 as long residency caegory AND APPROVED 2014 in febuary.
Afer main applicant ILR ,depandent applied flr(M) in 2nd appril 2014 by post . Approved in May 2014.

I wish to draw your attention to the fact that my application falls directly under paragraph 287 (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom. Paragraph (287(a) (i) and (d) of the immigration rules stated below:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom.

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.

In my case as paragraph (287(a) (i) (d): states that if main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying 2 years residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.

The Home Office has long clarified this existing ambiguity by confirming (see below) in all other cases that - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).

Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(d).

My application clearly meets the full list of criteria outlined in the Immigration Rules and relevant Casework Instructions, particularly those relating to (287(a) (i) and (d). Let me categorically point out that there is absolutely no requirement for me to complete a 2 years period (probationary period) as I have indeed already satisfied this requirement.



I have also sent an email to Family Migration Operational Policy Team at FamilyOpsPolicy@homeoffice.gsi.gov.uk, in there automated response email Under FAQs, It reads as follows.

Qualifying Periods

Question: An applicant needs to meet a qualifying period before applying for indefinite leave to remain (ILR). When does this begin?

Answer: If they entered the route overseas, the qualifying period will begin when they arrived in the UK. If they ‘switched’ into the route within the UK, the qualifying period begins on the date they were granted leave.

Question: Do dependants of PBS Migrants who apply for LTR as the Partner of a settled person begin their qualifying period again?

Answer: If the applicant was granted LTR under paragraph 284 of Part 8 of the Immigration Rules (following an application made prior to 6 April 2014) they can combine their leave as a PBS dependant with leave as the Partner of a settled person to meet the qualifying period under paragraph 287.

All other applicants must start their qualifying period again.



Yours sincerely

Name: -------------
Address: -------------
Nationality: -------------
DOB: --------------
Phone: -------------

[Amber]

That's fine a PSC appointment is fine. B1 Englisha and LIUK required.

[esmsi]

Thanks Amber.



Updated

To
Premium Service Centre
UK Visas & Immigrations

Your Reference: ----------------
Case ID: --------------------

Subject: SET(M) Indefinite Leave to Remain

Dependant came UK as PSW dependant in 2008 . In 2009 ,switch to tier 1 depandent. Later extend visa as teir1 depandent .
Main applicant appliued ILR in 2013 as long residency caegory AND approved in 2014 Febuary.
Afer main applicant ILR ,depandent applied flr(M) in 2nd appril 2014 by post . Approved in May 2014.

This depandent application falls directly under paragraph 287 (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom. Paragraph (287(a) (i) and (d) of the immigration rules stated below:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom.

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.

Paragraph (287(a) (i) (d): states that if main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying 2 years residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.

The Home Office has long clarified this existing ambiguity by confirming (see below) in all other cases that - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).

Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(d).

My application clearly meets the full list of criteria outlined in the Immigration Rules and relevant Casework Instructions, particularly those relating to (287(a) (i) and (d). Let me categorically point out that there is absolutely no requirement for me to complete a 2 years period (probationary period) as I have indeed already satisfied this requirement.



Family Migration Operational Policy Team at FamilyOpsPolicy@homeoffice.gsi.gov.uk, in there automated response email Under FAQs, It reads as follows.
Qualifying Periods

Question: An applicant needs to meet a qualifying period before applying for indefinite leave to remain (ILR). When does this begin?

Answer: If they entered the route overseas, the qualifying period will begin when they arrived in the UK. If they ‘switched’ into the route within the UK, the qualifying period begins on the date they were granted leave.

Question: Do dependants of PBS Migrants who apply for LTR as the Partner of a settled person begin their qualifying period again?

Answer: If the applicant was granted LTR under paragraph 284 of Part 8 of the Immigration Rules (following an application made prior to 6 April 2014) they can combine their leave as a PBS dependant with leave as the Partner of a settled person to meet the qualifying period under paragraph 287.All other applicants must start their qualifying period again.



Yours sincerely

Name: -------------
Address: -------------
Nationality: -------------
DOB: --------------
Phone: -------------

[esmsi]

I live East London. I do not find any appoinment on this week at crydon.
I book a peo appoinment next week 27 Aug at Crydon.

Excepet crydon ,Which PEO is closer to London ?

[esmsi]

I book PEO ---Thursday, 21 August 2014 in Birminhham

Can I reschedule it to 20 Aug 2014?

There is no appointment on Croydon this week.

http://www.thetrainline.com is a reliable website to buy ticket for Birmingham?

[allwell46]

Hello dear
Your covering letter is perfect. This is the same i had sent to the case worker for reconsiderations when my wifes ilr was refused on solihull birmingham.
I hope they know about the rules and will approve ur mrs ilr without any problems.
I would suggest you take print out of relivent rules and that email as well. Be well prepared.

Good luck.

[esmsi]

Thanks for the reply. I am confident now.

How you go this PEO by national rail? If you can ,please answer by other parts of PEO.

Hello dear
Your covering letter is perfect. This is the same i had sent to the case worker for reconsiderations when my wifes ilr was refused on solihull birmingham.
I hope they know about the rules and will approve ur mrs ilr without any problems.
I would suggest you take print out of relivent rules and that email as well. Be well prepared.

Good luck.

[esmsi]

Appointment Crydon tomorrow 21 Aug 2014

Document List
• SET(M) Application form (2nd June 2014 Version)
• Two Passport (dependent + spouse)
• Photo for (2--Applicant) and (1 --Sponsor)
• Two BRP (dependent and spouse)
• Life in the UK test certificate
• English language test
• Marriage Certificate
• Proof of address—Applicants
• Proof of address—Husband
• Child Benefit letter(Applied by Husband)
• Pay slip (Husband)
• Bank Statements(Husband)
• Confirmation of PEO appointment

[Ash007]

Hi everone!!

I m in big trouble I need your help, my wife's 2 year dependent. Visa has runout on 7th November 2014 we had everything ready to post but only wife had her Life in uk test on 5th November 2014 PM she passed on the way back we drop in to one of our friends place, so we stayed over night and came home hoping to post the application on 7th morning we could not find the documents we panicked looked for everywhere no luck we call our friends to find out if we have left our documents at thier place guess what yes we have and they, and we wanted to go and collect bad luck struck again my friend were out for the weekend, we had to wait untill sunday 9th to get the documents, basically my wife is illigal now if we apply with UKBA refuse her application, what is the best way to approach this by post or in person please help me?? Thank you.

[vinny]

Should be okay.

[Obie]

She will not have a Section 3C rights, but she will never the less be fine, as the overstay is under 28 days.

If however her application is refused, she will have no right of appeal.

Hopefully it may not get that far.

I concur with Vinny that she will be fine.

[Ash007]

Thank you very much,

If so what is your advice
on to apply by post or in person

[Obie]

Have you not yet applied.

[Ash007]

Just now posted it I was not sure what to do I was waiting for some one to advice, but it was getting late so I posted it now..

Hope all is going to be ok..

I really a appreciated your advice thank you very much.

[shieldguy]

Hello I was looking for the cover letter and find this post of your just need to confirm from you that my case is similar your because I want to use immigration rules you had had pointed in your application

I was on Tier 1 general in 2010 my wife come to uk as Tier 1 general dependent I got my ILR in 2012 July then my wife dependent visa expires before 2 years completed, so I applied the FLR(M) visa for her now I want apply for SET(M) on bases of complete two years this based on rule before 9 july 2012

so is it ok to use this rules
287 (a)(i) and (d) ?