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ILR SET M SUCCESS prior to flrm tier4ependant Nov1

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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GOd Helps
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Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

ILR SET M SUCCESS prior to flrm tier4ependant Nov1

Post by GOd Helps » Sat Nov 01, 2014 4:36 pm

Salam All
Alhamoddilillah i got Ilr approved under set m peo croydon today
I was a tier 4 DEPENDANT .got my flrm on old rules in may 2014.partner got ilr under long residency in April 2014

Miangee
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Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

Re: ILR SET M SUCCESS prior to flrm tier4ependant Nov1

Post by Miangee » Sat Nov 01, 2014 11:25 pm

Congratulation
God really blessed u as u know my wife case was same like u and ilr was refussed and two year visa was cancelled and given 29 months visa in new rules i have sent reconsidration but still waiting
did u attached all emails and rules with application or just got without explain.
kindly share ur experience if possible

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ILR SET M SUCCESS prior to flrm tier4ependant Nov1

Post by Obie » Sat Nov 01, 2014 11:38 pm

Miangee, you have to start considering Judicial review, and i believe you have a strong prospect of winning it.

If they have not considered your Reconsideration, you have to be quick, or the court will refuse to accept your JR on grounds of lateness.
Smooth seas do not make skilful sailors

Miangee
Member
Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

Re: ILR SET M SUCCESS prior to flrm tier4ependant Nov1

Post by Miangee » Sat Nov 01, 2014 11:50 pm

Hi obie yes i will it seems they r just waiting to laps my three month time i called HO yesterday they said file is not complete yet
I have spoken solicitor today he said i need to send preaction protocol letter first so can any one help me PAP letter specification / templete and which address i need to send that

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ILR SET M SUCCESS prior to flrm tier4ependant Nov1

Post by Obie » Sat Nov 01, 2014 11:58 pm

Here is the place that Pre-Action Protocol should be sent to .

http://www.justice.gov.uk/courts/proced ... v#IDAGJKCC

A JR has to be filled in ASAP, in any event no later than 3 months.

SO the test is in actual fact the test is not 3 months but ASAP.
Smooth seas do not make skilful sailors

GOd Helps
Member
Posts: 185
Joined: Wed Feb 19, 2014 1:11 pm

Re: ILR SET M SUCCESS prior to flrm tier4ependant Nov1

Post by GOd Helps » Sun Nov 02, 2014 11:42 am

Miangee wrote:Congratulation
God really blessed u as u know my wife case was same like u and ilr was refussed and two year visa was cancelled and given 29 months visa in new rules i have sent reconsidration but still waiting
did u attached all emails and rules with application or just got without explain.
kindly share ur experience if possible
salam miangee and others,
yes I did enclose my complaint response and the other respose which I have emailed you .
I got leave to enter in October 2007 as dependant work permit.
I got leave to remain as tier4 dependant in September 2011
I got an extension as tier4 dependant in Oct 2013.
I was granted FLRM on May 14th 2014 under section 284 as my partner got ILR on long residence in April 2014
I am eligible to combine my accrued leaves without waiting for another 2 years. And apply for settlement.
I had been given conflicting information as I was trier 4 dependant and the rules have changed considerably but I knew I qualify for settlement and I wrote a complaint to home office on 7th august and explained that due to error in HC1039 of statement of immigration changes(The error – Clauses 98 and 99 of HC1039 are replica of Immigration rules 287(a)(i)(d). Therefore no change, contrary to what was intended,that allowed tier 4 dependantpre july2012 to still switch and amalgamate their leave until 5th april2014). I was able to switch to flrm under old rules (before rules changed again on 6th april2014) and since I have rightfully got my flrm I am eligible for ILR under section 287a)i)d though I had been a tier 4 dependant in the past.
The response to which from UKVI dated 5/9/2014 .
Your application to switch to FLR m route was considered under paragraph 284 of immigration rules. It therefore follows from this that your application to indefinite leave for remain can be considered under Paragraph 287(a)(i)(d) of the same rules and your time spent as a tier 4 dependant can be amalgamated enabling you to apply for settlement at any point on future whilst your current conditions apply.
I apologize that you receive conflicting guidance, but unfortunately this is a complex area of rules where there have been many recent changes

I posted my complaint to lunor house address on 14 aug and got the above written response on 5th sep.
I wrote a cover letter in detail explaining this and I also gave reference of previous cases from this forum that they were wrongfully refused and I do not want this to happen with me ,of course in a polite manner.
I had my PEO appointment yesterday. extremely smooth no question asked at all and after2 hours ILR approved. I think the my complaint response letter did the magic.
Also for reference I would like to share, I submitted my life in the UK, my degree from Pakistan and point based calculator print of English 10 points and qualification 30 point, 10 cohab docs, 6 moths wages and corresponding bank slips, we also claim child benefit and child tax credit both in husbands in name although CTC was applied in joint names.
I REALLY WANT TO THANK THIS FORUM GOT A LOT OF HELP ALL GURUS ,MEMBERS ESPECIALLY AMBER!!!

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