PBS Dependent FLR(M) extension or 2 years set O

[manwar]

hi everyone,

My wife arrived on 1st aug 2010 as a Tier 4 dependent stayed as dependent until i got ILR on 26-09-2013 after 10 years long stay. since her visa was expiring we applied on 10th aug 2013 to link her with FLR(M). which was given on 29-10-2013 for 2.5 years (spouse/partner leave to remain).

since she arrived pre july 2012, isn't she on previous rules?

for the maintenance we didnot have to show anything like new rules that time and got this 2.5 years? do we have to apply as flrm extension of another 2.5 with new maintenance 18600per year.?

after my ilr my daughter became british citizen then me on this year and we are claiming benefit like housing and tax credit to supplement my current earning. please anyone advice.

[vinny]

She may (4.5) qualify for SET(M) now.

[manwar]

thanks viny, for your advice and pointing out the specific rules. i will speak to a advisor and will post back. after reading some cases of ukba, they might confuse it 7a or 7b maintenance or 2 years or 5 years

[Obie]

She may (4.5) qualify for SET(M) now.

They changed her path to ILR, and introduced her to Appendix FM. The Leave was clearly not issued under 284, but rather appear to have been issued under Appendix FM.

For the same reason i expressed reservation in the thread you cited, I believe OP will encounter difficulties.

He ought to have brought it to their attention that the application was made under 284 and not appendix Fm, notwithstanding the fact that they did not request any financial circumstances documents from him.

The OP in my opinion will encounter significant difficulty under A280B.

He should have notified them of the error, otherwise it will appear that she accepted that her application should be considered under Appendix FM, which clearly makes no sense, but you will be surprised what UKVI and TSOL can come up with at time.

Some of it lives me in a state of life time of laughter.

[manwar]

so, now, what should i do? inform home office of the error they made????

[Obie]

so, now, what should i do? inform home office of the error they made????

Calling their attention 2 years down the line, may be a bit late in the day, do you not think?

[Amber]

The onus cannot be placed on the applicant. If someone applied for leave and didn't not have to meet the financial requirement then they would have thought leave was granted under the old rules. The applicant is not to know that leave should be granted for 2 years rather than 2.5. I think pointing the error at any time should be sufficient. The issue is to point out the error as soon as the applicant becomes aware of the error. I think a cover letter identifying the error with a completed and paid SET(M) form by post should be satisfactory.

[Obie]

If an applicant can provide proof that they specifically wrote to the home office asking for an Extension under 284, then i think they will be fine. Otherwise it is not a clearcut situation.

It is the same thing with an ILR issued in error, provided it was not obtained in error, it remains.

An dependent of a Point based system migrant, whose sponsor secured ILR through Long residency, has 2 option to secure extension, up until April 2014.

In the absence of a specific request, the Secretary of State could well say that they had issued leave under Appendix FM, especially if this leave was issued under the Long Residency rules.

In these circumstance, i beg to differ on the view that the onus is on the Secretary of State.

There is no authority on this. An applicant is under an obligation to set out their case before the Secretary of State.

The onus is on an applicant,to prove on a balance of probabilities, that they meet the requirement of a provision under the rules that they applied under. The Secretary of State is not required to undertake a expedition as to what a person has applied for.

OP can by all means write to them and explain, and seek clarification. He can also make a SAR request to see whether his case was indeed considered under 284 or Appendix FM.


He may well succeed, but it always help to bring errors to the attention to the Secretary of State immediately.

[manwar]

I have contacted the following number of homeoffice 0843 515 9422

they are not tracing any record relating to visa issued, rather after the explanation the guy asked me to apply for ILR citing the rules she is falling into under transitional arrangement 4.5. this doc is updated in aug 2015, so she clearly falls into it. I am annoyed to ring this premium rated number and getting a vogue answer from them

[vinny]

It's a positive response.

[manwar]

I found the letter that came with visa now. it states
'Consideration has been given under the Immigration Rules Appendix FM paragraph R-LTRP.1.1 (a), (b) and (c) Requirements for limited leave to remain as a partner.

you have been granted immigration rules under D-LTRP.1.1 of Appendix FM


In order to qualify for settlement you must have completed a continuous period of at least 60 months in the uk with limited leave granted because of your family life.

providing you continue to meet the criteria as set out in the relevant legislation at the time of application, you should apply for further leave in the prescribed manner prior to expiry of your current leave. Subject to meeting that criteria you will be given a further period of leave of 30 months.

under the rules you are not entitled to receive pulic funds to help live or accommodate. in addition your sponsor is not entitled to claim or receive public funds on your behalf

we were receiving working tax credit and child tax credits. what action should I take now?

Flr(m) version 04/2013 guidance we followed while applying. that time it was written , u must meet requirements in Part 8 section 1 of immigration rules .

[vinny]

I believe that they made a mistake.

[manwar]

will my benefit claims be a problem in future, i am on housing benefit as well as child, and tax credits

[vinny]

I think that you may claim what you are entitled to claim as an ILR holder. I believe that Tax credits may be jointly claimed. Housing benefit as a single person?

See also benefits affecting ilr read before starting new topic and Public funds.

[manwar]

My wife has suffered subarachnoid haemorrhage on 8th march 2016 and is being treated in national hospital for neurology. doctors have given a letter for 3 months recovery. and head nurse forbidden her from studying. she is eligible for ILR and visa expiring april 29th 2016. will she be given exemption from life in the uk and english test? she was preparing for exam while this has happened. what option does she have? will be grateful for advice

[manwar]

My dependent arrived on 1st aug 2010 as a Tier 4 dependent stayed as dependent until i got ILR on 26-09-2013 after 10 years long stay (SET O application that time for LR). since her visa was expiring we applied on 10th aug 2013 to link her with FLR(M). which was given on 29-10-2013 for 2.5 years (spouse/partner leave to remain).

'Consideration has been given under the Immigration Rules Appendix FM paragraph R-LTRP.1.1 (a), (b) and (c) Requirements for limited leave to remain as a partner.you have been granted immigration rules under D-LTRP.1.1 of Appendix FM'

she qualified under paragraph 4.5
https://www.gov.uk/government/publicati ... rangements

PBs dependents husband who received ILR under Lresidence before 2014.


Undfortunately, she had an stroke just before she was due to give life in the uk test in 2016 feb. and we were forced apply under FLR (FP) to continue her visa. which was given on 23 sep 2016. 30 months under para D-LTRP1.2 of appendix FM. wrote u may be eligible to apply for settlement after completing 10 yr under this route.

my solicitor told me she can no longer apply to settle under under FLR(M) as her route switched to 10- year FLR FP.

my question is how can i switch to FLR (M) under transitional arrangements for part 8 family member without showing the earnings requirements which we were not required to show that time.

we have a british born daughter and i claim part benefit as she is unable to work..

[vinny]

Posts merged.

[vinny]

I'm sorry to see about her stroke.

Unfortunately, as she had applied for FLR(FP), A280B prevents her from the being subject to the transitional provisions.

[manwar]

Thanks for your reply.

we applied by taking an advice from a solicitor. we have shown the case to another solicitor who said you were misguided by the solicitor, we could have easily done another flr m extension. Instead his advice was to apply for FLR (FP).

the option is probably 10 years long stay counting from her arrival date, as she has no break in residence.

I have done all application by myself in my time as a student and settlement including my spouse ones. this is the first I went for advice as it was an emergency situation and I was n't concentrating properly because of her operation and recovery while looking after our daughter. It seems like some solicitors just out there to ruin the life

[manwar]

does anyone i think i can request to case officer to reconsider this application as a mistake. As we were mislead by the solicitor and we were in hospital and in recovery to think accurately about changing of FLR M path to 10 years path. Under human error or right s they should reconsider given the serious medical ground