Correct Decision from UKBA?

[patman1]

Hi All
Partner applied for a P.C.P visa back in first week of April 2012,and this was granted in June 2012 being given a six month visa, came here in July 2012, and got our partnership in August 2012, applied for the FLR in September 2012, it has just been done and has been granted , thank God There letter says as a result of the changes to the immigration rules which came into effect on 9 july 2012 any family claim will now be given concideration under appendix FM
concideration has been given under the immigration rules appendix FM paragraphs D-LTR 1.1 a to c decision on a application for limited leave as a partner.
then it says if the appliciant meets the requirements in paragraps R-LTRP1.1 a to c for limited leave to remain as a partner the appliciant will be granted limited leave to remain for a period not exceeding 30 months and subject to a condition of no recourse to public funds and they will be eligible to apply for settlement after 60 months,
so today i telephoned there immigration bureau and i told the lady there and she said we cannot really give advice on this but it sounds like its correct even if i did apply before 9th july for a visa or any visa, she said the rules changed on the 9th July and as if was only for a P.C.P visa and that visa has now expired and you then applied for further leave on the F.L.M for a new visa,this is a new application and therefore as the rules changed on the 9th of july, i would be subject to thoses new rules. but it says under new rules that came into force on 9th july we have to do the five years now, so we have to re-apply again in two and half years time then apply for the I.L.R, my question is we were advised that as the original visa was made in April 2012 and granted in June 2012, we would be under the OLD rules all the way to I.L.R, is this correct? or were we advised wrong as we did apply before the new rules came into force on 9th July 2012 for the first visa thinking the old rules would apply all the way to I.L.R, any advice anyone can give would be great so if they did make a mistake we could appeal or ask them to look again at there decision or something, it seems strange that at the time we were told that its old rules all the way to I.L.R if any original first application is made before the 9th July.
Thank everyone

[ID29]

.... came here in July 2012

What date exactly?

It's my understanding that those 'on the path to settlement' before 9th July 2012 will be considered under the old rules.

However, I seem to recall that a spouse/fiancée/CP entry visa is 'activated' upon entry to the UK and stamped at immigration not when granted (or applied for). I've not thought about this before but I wonder if the entry date is when the UKBA considers your partner's settlement began?

[DieselD]

I have recently seen a few posts from people who entered the UK on a fiancé visa prior to 9th July 2012. They married and applied for FLR(m) after the 9th of July and have been granted FLR on the new rules.

I think it's wrong because as a fiancé who can't work would base income on old rules. Paying money to come to the UK and marry to only find out that rules change and now higher income is required. Therefor falling short and being refused.

The UKBA seem to be covering themselves by having a rule that if you are refused you are automatically placed onto new rules. Therefor they advise you that you did not qualify under old rules and have been refused. However you have been granted FLR on the new 5 year rule. Can you see how they are manipulating the system to slow people down. Anything can happen in 5 years and suddenly applicants fall short at the last hurdle to ILR.

There must be a system to lodge an objection. Perhaps one of the seniors knows how to tackle this.

[vinny]

A280(c) should be applicable, where 290-295 refer to Fiance(e)s and proposed civil partners and 281-289 refer to Spouses and civil partners.

[patman1]

Hi
Partner came on 24 july 2012, but they applied for the visa on 05/04/12 and entry to come to the u.k was on or after 01/07/12, its all a bit confusing to me, does anyone know if the U.K.B.A have reached the correct decision when they granted a five year visa, saying you have to re-apply after two and half years?
any advice would be great
Thanks all

[vinny]

As stated, I would have thought that partner should be under the old rules.

A fiancé(e), proposed civil partner, spouse, civil partner, same-sex partner, unmarried partner, child or adult dependent with leave to enter or remain in the UK on the family route granted before 9 July 2012, or granted following applications made before 9 July 2012, will remain subject to the Immigration rules in place before that date. This section sets out the relevant guidance which apply to applications applying under these transitional arrangements

Do click on the given links for more details.

[patman1]

Hi
Thank you for your reply, we have written today to the U.K.B.A as we cannot appeal as they didnt refuse the application, there telephone bureau advised to re-send the whole folder back with a covering letter explaining why we feel they have made an error and then to wait and see if the decision can be changed, they also advised while this is happening to carry on as normal now find employment if you wish to, but to re-send everything, we are not happy to do this, it took six months for thus decision to be made and they are the one's who got it wrong not us, why dont they check there information in the first place? they are playing with peoples lifes here, we have written to them, sending in photopies and we feel if they wish for any further docs, which they have anyone from original application, they can write to us and ask for them as they again advised it could take up to another three months to make a new decision, and there is no way are we going to resend our passports for that length of time, thank you all, its a total mess and we will keep you informed of what happens.
best wishes to everyone

[ID29]

Its obvious they have made a mistake. Looking at the links supplied by Vinny I cannot see any justification for the UKBA to process your application under the new rules. So it may simply be that the caseworker failed to notice the relevant dates... or considered the application under the old rules but then sent out the wrong biometric card and approval letter?

In either case, I think once they've looked at it again they will correct it. At some point soon, they will probably write to ask you to return your biometric card so the correct one can be issued.

And yes, it shouldn't be necessary to resend all your original documents. The mistake concerns their mix up with the dates... information that will already be on their system.

The good news is that you've been approved and they won't change that. As long as they correct their mistake before you need to apply for ILR in two years time I think you can forget about it and get on with your life.

[patman1]

Hi All
Thank you so much for your help on this site, we wrote to the Border Agency, and waited 10 days and got a reply from the same case officer who did the decision, and he says it looks like a error with our computer has sent out the wrong date for your F.L.M and it should have been processed under pre 9th july 2012 rules coming into force in order to correct this please send back your permit card, what a relief to get such a good response and it such a short time, thank you all for your help
Good luck to everyone else.

[khizarm]

HELLO GURUS PLZ HELP ME.........
MY WIFE SHE APPLIED FLF(M) ON 27 FEB 2014 WE EXPEDITE THE CASE DUE TO OUR HEALTH CONDITION. ON 18 MARCH DATED 14 MARCH WE RECIEVED LETTER FROM HOME OFFICE FOR BIOMETRIC INVITATION AS WELL SOME DOCUMENTS REQUIRED BY HOME OFFICE WHICH IS
1 COMPLETE THE MANDATORY SECTION 4 OF THE APPLICATION FORM.
2 FULL BIRTH CERTIFICATE OF OUR SON.
3 PASSPORT AND BRP OF SPOUSE (HUSBAND).
4 FURTHER 3 DOCS BETWEEN MARCH AND NOV 2012 TO SHOW THAT YOU HAVE BEEN COHABITING WITH UR PARTNER.

I PROVIDE ALL OF THEM SAME DAY WITH SPECIAL DELIEVRY WHICH THEY RECIEVED ON 19TH MARCH.
ON 25TH MARCH WE RECIEVED BRP CARD WHICH SHOW LEAVE TO REMAIN FOR 30 MONTHS WITH WORK PERMITTED.
ON 26TH MARCH WE RECIEVED PASSPORT AND DOCS WITH HOME OFFICE LETTER THAT WE RUFUSE YOUR APPLICATION DUE TO ENGLISH CERTIFICATE .YOU HAVE PROVIDED AND EDEXCEL ENTRY LEVEL 3 ESOL SKILL FOR LIFE HOWEVER THIS IS NOT ON APPROVE LIST OF ENGLISH LANGUAGE COURSE.YOU HAVE NOT PROVIDED OF EVIDENCE THAT YOU HAVE ACHIEVED QUALIFICATION IN A1 OF THE COMMON EUROPEAN FRAMEWORK OF REFRENCE OF LANGUAGE. IT IS NOTED THAT NONE OF THE EXCEPTIONS DETAIL PARAGARAPH 284(ix) of the immigration rules.you have no right of appeal on this decision.

I am in stress to see this deciosn. can any one help please I would be very thankful.