ILR SET(M) PEO success for previously Tier 1(G) dependant

[aztec1032]

Alhamdulillah my wife's ILR was approved today at Croydon PEO. She has previously been a PBS(Tier 1 General) dependant and was granted FLR(M) back in March 2014 following my ILR on long residency. We applied under paragraph 287 (a)(i)(d) of Part 8 of the immigration rules on SET(M).

The experience was very smooth. No questions asked as I clearly mentioned on the form under which immigration rules we were applying. Decision made by the case worker in less than an hour.

Immense gratitude to all members & moderators of this forum for their amazing support.

Good luck to all future applicants!!!

Thanks

[bilal_zain]

Hi,
first congrat on your visa application.
Can you Please clearify your situation ,you were in.
I got ILR (LR) basis in feb 2015. My wife has been with me since Nov 2009 as PBS dependent (first PSW and then Tier-1 Dependent). now after receiving ILR(LR) I have sent her visa application under FLR(M). should I have done it under SET (M)? or I should apply for ILR SET (M) for my wife and daughter once they get FLR(M). since they have been in UK as my dependent for more than 5 years.
please help me out regarding this confusion.

[Tahakhan]

Hi aztec1032,
I heard that if one get ILR (lr) then dependent clock for probationary period switches to zero and dependent has to complete 5 years from the date of switching. You got ILR on long term residency and had ur wife ILR within a year. Did u provide any exceptional documents or applied through other route?
My case is same like u and billal and just wondering if there is any way to go on 10 years ILR and get dependent ILR afterwards on her 5 years stay as dependent..
Regards.
Taha

[CR001]

Hi aztec1032,
I heard that if one get ILR (lr) then dependent clock for probationary period switches to zero and dependent has to complete 5 years from the date of switching. You got ILR on long term residency and had ur wife ILR within a year. Did u provide any exceptional documents or applied through other route?
My case is same like u and billal and just wondering if there is any way to go on 10 years ILR and get dependent ILR afterwards on her 5 years stay as dependent..
Regards.
Taha

Hi,
first congrat on your visa application.
Can you Please clearify your situation ,you were in.
I got ILR (LR) basis in feb 2015. My wife has been with me since Nov 2009 as PBS dependent (first PSW and then Tier-1 Dependent). now after receiving ILR(LR) I have sent her visa application under FLR(M). should I have done it under SET (M)? or I should apply for ILR SET (M) for my wife and daughter once they get FLR(M). since they have been in UK as my dependent for more than 5 years.
please help me out regarding this confusion.

For both of you, your spouses will have to switch to FLR(M) under Appendix FM and then wait 5 years (2 X 2.5 year visas) before they can apply on SET(M), unless they reach 10 years long residence first, as the rules changed in April 2014 and PBS dep can no longer combine their time from PBS dep and FLR(M) to get ILR. For FLR(M), the IHS surcharge is also payable upfront.

aztec132 applied for Set(LR) and spouse FLR(M) BEFORE the changes came into effect.

[bilal_zain]

hi,
thanks for your prompt reply. Actually if you read 287a(i)D it says

__(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;

this means if she completes 2 years on FLR(M) then my wife will be able to apply for ILR.
I also heard solicitor mr Liaqat on ARY News (in program "Law & You") that even after april 2014 if somebody gets ILR(LR) (previously on PBS) their spouse can apply for ILR if they have been in UK for 5 years. I have been trying to call him after listening to his this advice but unfortunately my call couldn't get through.
I talked to another solicitor who comes on local Birmingham radio programme. when my call got through and I explained all my situation and also the advice of mr liaqat then he told me that Home office are making different decisions for 2 identical application. this lawyer told me that he knows people who got ILR with the same situation and other got refusal.
I will try once my wife and daughter gets FLR(M), as it is not fair because they have been here in UK for more than 5 years & still have to wait for 5 more years.
anyway thanks for your reply and suggestion. nice talking to you,
bilal

[Tahakhan]

Bilal,
Please let me know if u get any update,as I am also getting different opinions regarding this.
Regards
Taha

[vinny]

287 is not applicable when FLR(M) is granted under Appendix FM.

[Tahakhan]

Does it say that any where in flr or fm guidelines.I want to double check if it has been mentioned any where?
Thanks
Taha

[bilal_zain]

287 is not applicable when FLR(M) is granted under Appendix FM.

the following paragraph says
7.11. Corrections are being made to enforce the intention that only dependants of individuals who qualified for settlement under the Points-Based System can apply for settlement as dependants of Points-Based System Migrants. Previously the Immigration Rules allowed dependents of those who qualified for settlement on the basis of long residence to also apply. The change will mean such dependants will need to apply for leave to remain under the rules for family members in Appendix FM before they can qualify for settlement.


This suggests that PBS dependent can only apply for settlement if convert to FLR(M) first and inline with their sponsor visa category. 5 Years rule has to be followed but PBS dependent will be able to add their previous stay under PBS to FLR(M).

AS in paragraph 7.4https://www.gov.uk/government/uploads/s ... ssible.pdf it clarifies that

An amendment is being made to the settlement rules, to allow applicants to amalgamate time spent in other Tier 1 and Tier 2 settlement routes towards the 5-year qualifying period.

According to above ruling dependent may add their stay under PBS with FLR(M) to qualify 5 years rule. I checked the whole documents and appen FM but couldn't find anything which says 5 year clock will reset once FLR() issued. I will try to contact UKVI and ask for clarification.
AS I mentioned in one of my previous posts that I heard a well known immigration lawyer on TV saying that if PBS main applicant gets settlement (ILR) under Long residency (10 year settlement rule) and their dependent have already spent 5 years in UK as PBS dependent (e.g psw, then tier-1 etc). then dependent will only have to convert visa from PBS dependent to FLR(M) and they will be eligible straightaway apply for settlement.
Once I am 100% sure then I will update.

[vinny]

7.4 above refers to Changes relating to Tier 1 of the Points-Based System, not Appendix FM.

There's nothing to suggest that PBS dependents will be able to add their previous stay under PBS to SET(M) under Appendix FM.

[aakkoo]

Aztec1032 can you please respond to my PM. Thanks

[Amber]

Congratulations Aztec.

[aztec1032]

Thank you Amber! You have been immensely supportive to me as well as other members! Thank you

[Tahakhan]

Hi Bilal,
Do you have any update yet? /I understand you mentioned you will update in due time, but I am curious as I need to make my mind this week to go either 10 years or tier 1 general route.
I have gone through appendix FM, transitional arrangement and immigration rules for settled sponsor, but can't find any clear instructions. Besides I also talked to one Immigration adviser and he said if your spouse entered before 9th July 2012 then you have to fulfill two years requirements and good to apply ILR as soon as get approval on FLR(M)

If someone knows any proficient immigration adviser, please let me know. Actually I live in remote area and don't have luxury to look around these kind of services.

All responds will be highly appreciated.

thanks
Taha

[bilal_zain]

Hi Taha,
sorry I couldn't find any satisfactory answer for the issue mentioned. There was a misconception since april 2014 that dependent of ILR (LR) would have to apply for FLR(M) and wait for 5 years to be eligible for ILR. Instead dependent were eligible to apply for ILR under para 287a(i)D. which permits PBS dependent to amalgamate their UK stay with FLR(M) stay.
but after april 2015 home office updated SET(M) form and removed para 287 from the form. Many people applied through this paragraph ruling and got ILR for their dependents. and who were unsuccessful, they appealed for reconsideration and were successful eventually. I heard the same thing on a TV program "LAW & YOU" by solicitor MR liaqat. I regret I missed the chance.
Now thinking for applying MN(1) for my eldest child next year after me getting BC, though she was born outside UK but moved here when she was just 9 months old and been here for approx 6 years.
Please ask that lawyer (you mentioned in your post) that under which paragraph dependent can apply for ILR if they arrived before july 2012. Please update once you get the answer.
I will try to contact mr liaqat and ask him about this dilemma? best of luck.
Regards,
bilal

Hi Bilal,
Do you have any update yet? /I understand you mentioned you will update in due time, but I am curious as I need to make my mind this week to go either 10 years or tier 1 general route.
I have gone through appendix FM, transitional arrangement and immigration rules for settled sponsor, but can't find any clear instructions. Besides I also talked to one Immigration adviser and he said if your spouse entered before 9th July 2012 then you have to fulfill two years requirements and good to apply ILR as soon as get approval on FLR(M)

If someone knows any proficient immigration adviser, please let me know. Actually I live in remote area and don't have luxury to look around these kind of services.

All responds will be highly appreciated.

thanks
Taha