New FLR (M) form - 6 April 2014

[Tier 4]

The new FLR(M) form Version 04/2014 and guidance has published yesterday.

It Says:
If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not required to complete section 7A, Proceed to 7B MAINTENANCE.
Is this rule stands for pre 9th July 2012 PBS Dependents as well?

[Amber]

It doesn't say partner of a PBS applicant, does it?

[Tier 4]

It doesn't say partner of a PBS applicant, does it?

it wasn't saying in old form either

[Amber]

Indeed, so you must look to the law.

Which has today been updated to reflect the change in law which, inter alia, includes:

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant; and

[Tier 4]

Indeed, so you must look to the law.

Which has today been updated to reflect the change in law which, inter alia, includes:

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant; and

OK thanks, had a little bit hope with UKBA, though totally forgot they are the champions of breaking peoples hope.

[imensh]

Hi everyone, just wondering if the new law still excludes visitor visa holders to apply from the uk ( I hold a 2 years visitor visa and my Husband meets all the requirements) do we stand any chance or no point of applying. Thanks in advance

[imensh]

Just to add that the only reason we want to apply from the uk is me being pregnant and expecting the baby in less than 2 months. Really confused about what to do

[vinny]

No point, unless EX.1 applies.

[imensh]

Thank you for your answer vinny, but can you make it clearer for me as I'm struggling with all these rules

[imensh]

I couldn't find anything on the appendix FM

[vinny]

EX.1. This paragraph applies if
(a)

• (i) the applicant has a genuine and subsisting parental relationship with a child who -
  • (aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
  • (bb) is in the UK;
  • (cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
• (ii) it would not be reasonable to expect the child to leave the UK; or

(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK, or in the UK with refugee leave, or humanitarian protection, in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), or in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay in accordance with paragraph GEN.1.3.(e), and there are insurmountable obstacles to family life with that partner continuing outside the UK.

EX.2. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.

[imensh]

Thank you so much for the clarification. I would probably apply under the family life as a partner 10 years route and soon as my baby is born provide the home office with the birth certificate as my husband is a British citizen and my baby will automatically be as well

[allwell46]

To Amber_, and other members

Sorry, I am struggling to understand about part C,

My application SET (LR) is pending, and have already applied FLR (M) for wife before 5 April 2014, Wondering if it was okay to apply and we are safe???

Also once FLR (M) approved, will it be good to go for SET (M) straight?

Please comment

Indeed, so you must look to the law.

Which has today been updated to reflect the change in law which, inter alia, includes:

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant; and

[Amber]

If your application is considered under Part 8, then yes, it should be.

[aztec1032]

If your application is considered under Part 8, then yes, it should be.

Hello Amber,

I am in the similar situation as allwell. My wife was a PBS dependent while I got ILR based on Long Residency. We have applied for her FLR(M) in Feb'14. Now, I am not sure how would I know if her application is being considered under Part 8 or not?

I would assume it would be, given we have applied before the new rules were implemented however it seems I should possibly not assume anything with UKVI!! The caseworker dealing with my wife's FLR(M) application has asked for my original passport to complete the application while it is clearly stated within guidance that a full photocopy of my passport including blank pages and the BRP should suffice this requirement, which I provided with the original application!

Please shed some light on this .. many thanks.

[Amber]

If FLR(M) is granted under Part 8 then leave will be for 24 months. That's how you can tell.

[allwell46]

Hi

Thanks for answering,

Can anyone please provide me a copy of part 8 pre 6 april 2014 changes.

[aztec1032]

If FLR(M) is granted under Part 8 then leave will be for 24 months. That's how you can tell.

Thank you Amber for the clarification. Technically, my wife's application should be considered under Part 8 as we have applied on the 17th of Feb'14. In case, UKVI issues a leave for more than 24 months i.e not under Part 8, could I ask for a review or appeal as I believe this would impact my wife's timeline?

Please let me know of the procedure.

[vinny]

Hi

Thanks for answering,

Can anyone please provide me a copy of part 8 pre 6 april 2014 changes.

Archive: Immigration Rules

[Amber]

To ask for a review you write to the office that made the decision.

[samu140]

Hi
Annex fm, can anybody explain the following


7.1.4. For those in paid employment at the date of application, current cash savings may be used to make up any deficit in the current gross annual income of that employment (and/or in the confirmed employment......
Does mean if i am working for the same employer from more then six months then i can show my current balance etc

[hadded15]

To Amber_, and other members

Sorry, I am struggling to understand about part C,

My application SET (LR) is pending, and have already applied FLR (M) for wife before 5 April 2014, Wondering if it was okay to apply and we are safe???

Also once FLR (M) approved, will it be good to go for SET (M) straight?

Please comment

Indeed, so you must look to the law.

Which has today been updated to reflect the change in law which, inter alia, includes:

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant; and

[/quote

hi allwell46, have got ILR after FLR(M) and which form did you used? thanks in advance

[itsahmedawan]

hello
i need some serious help pls on this forum
i am british citizen and i got merried last month with with a refugee status lady and now she wants to change her status from refugee status to my spouse visa.
my question is
before i got merried she was taking all benfitis coz she entitled to take all benifits as a single mom as well but now i have been moved with her so has stoped benifites and currently we r only taking benifites on the bases of child(child crdiet tax and half amount of housing(rent).will these benifit effect our application????
can we go for premium service for this case???
i will be very appreciate if some advice me on this topic
thnx
awan