ILR as dependant on Long term Residency

[saby22]

Hi All,

I need some advise please.

My husband was granted ILR under long residence (10 yrs) in April 2014

Now I want to apply for my ILR. I came to the UK in September 2006 and was on following visas

Dependent of Student from Aug 2006 to May 2011
Dependent of Tier 1 (PSW) from Jan 2011- Jan 2013
Dependent of Tier 2 (General) from Feb 2012- Feb 2014

I applied on FLR (M) in Feb 2014 . My FLR(M) got approved and I have been issued a 2 years visa from 1 May 2014 - 1 May 2016.

On the letter it says ' In order to qualify for settlement you must have completed a period of 2 years in the United Kingdom as a spouse '
furthermore it says ' please understand any future application that you make in the marriage category will be assessed against paragraphs 284 or 287 or 295D or 295G of the immigration rules'.

Visa is expiring on 1 may 2016.

Can I apply for ILR by using the SET (M) before 18 march (as fee iis increasing) or wait for 1 more month?

I called home office but they said that I come under 5 year route so I should use FLR(M) form again.

In case I take a risk and apply for SET(M) and my visa is rejected. Will they reimburse the fees?

This is very confusing? Please need an urgent Advice.

Regards

[CR001]

Can I apply for ILR by using the SET (M) before 18 march (as fee iis increasing) or wait for 1 more month?

Should be ok as you are likely under the transitional provisions. Wait for other members to comment though.

I called home office but they said that I come under 5 year route so I should use FLR(M) form again.

HO call centre helpline is known for giving incorrect advise. You applied for FLR(M) before the rules changes in April 2014, so should be ok.

In case I take a risk and apply for SET(M) and my visa is rejected. Will they reimburse the fees?

No, you will not get your fee refunded, you will lose it and will have to pay again when/if you apply again.

[saby22]

thanks for your prompt reply.

In my cover letter can I use " immigration rule 287(a)(i)(d) " .Because I was on 2 years PBS dependant visa (Tier 2) before July 2012 and also I applied on FLR(M) before April 2014. Thx

[CR001]

You can but HO should know the rules.

[saby22]

Someone posted this in immigration board ,

"On 06/04/2014 the drastic changes have been made in immigration rules for pre 9th July, 2012 PBS dependents, if the main applicant gains indefinite leave to remain based on 10 years of long residence.
According to new rules those dependants cannot combine any time spent as PBS dependent with FLR(M) to qualify for ILR and their qualifying time period of 5 years will start from the day they are granted an FLR(M)."

Is this correct or wrong. I can't find any such thing on UKVI website.

[CR001]

It is correct yes, for applications on FLR(M) made on or after 6th April 2014.

If you have a 24 month visa, then it is likely you are covered by the transitional period prior to the above date.

Lots of links and info about this in the topic below.

http://www.immigrationboards.com/immigr ... 43881.html

[saby22]

Thanks a lot.

You are a star.

I do qualify for ILR.

"4.5.5. PBS dependants who have already switched to being the partner of a settled person under Part 8 (or have applied to do so before 6 April 2014) can continue under Part 8 and apply for indefinite leave to remain
under paragraph 287 or 295G. Their period of leave as a PBS dependant can be combined with their leave as
the partner of a settled person to meet the required qualifying period. " Published in August 2015

Thanks again .....

[saby22]

Thx to all the moderators for running this forum.

Special Thankyou to CR001 for helping me.I have recieved ILR approval letter on Friday and BRP today.

Thx again.

[CR001]

Thx to all the moderators for running this forum.

Special Thankyou to CR001 for helping me.I have recieved ILR approval letter on Friday and BRP today.

Thx again.

Congratulations. Very pleased for you and thank you for updating us