10yrs dependents FLR(M) issued then next SET(M) Puzzle????

[sach10]

Hi Guys

First of all thanks for helping me always

I been to CrydonPEO last week for my wife and sons ILR, as I got ILR on 10years long residence category and they been in the country more than 3years, my son born in India, they are first Tier1(psw)dependents for 1year and then Tier1(General) dependents for 2years.

I took both FLR(M) and SET(M) forums, I asked over the starting stage 1counter weather I am allowed to apply SET(M) or not for my wife and son, as they been in the country for more than 3years on point based system, on the counter he checked my wife, son and my passports and biometric cards and then said to me they can apply SET(M) and they took SET(M) fees and they check all the documents and took biometrics for SET(M) forum and told to wait for couple of hours after 2hours they told me senior case worker assed your wife and son's case, they saide my wife and son is not elgible to apply SET(M) and they asked to apply for FLR(M), later on the same day I applied FLR(M) and they approved FLR(M), only little bit good thing they refund my SET(M) money into my account.

I asked them weather my wife and son allowed to apply SET(M) as soon as they got FLR(M) they say no and they told me I have to wait for 5years to apply settlement, I even show the rules to them which I took print out with me, they didn't bother even to check this.

Now I am completly disappointed and completly unknown stage.

Could any senior member suggest me weather I am allowed to apply SET(M) or not to my wife and son now.

[Amber]

Hi Guys

First of all thanks for helping me always

I been to CrydonPEO last week for my wife and sons ILR, as I got ILR on 10years long residence category and they been in the country more than 3years, my son born in India, they are first Tier1(psw)dependents for 1year and then Tier1(General) dependents for 2years.

I took both FLR(M) and SET(M) forums, I asked over the starting stage 1counter weather I am allowed to apply SET(M) or not for my wife and son, as they been in the country for more than 3years on point based system, on the counter he checked my wife, son and my passports and biometric cards and then said to me they can apply SET(M) and they took SET(M) fees and they check all the documents and took biometrics for SET(M) forum and told to wait for couple of hours after 2hours they told me senior case worker assed your wife and son's case, they saide my wife and son is not elgible to apply SET(M) and they asked to apply for FLR(M), later on the same day I applied FLR(M) and they approved FLR(M), only little bit good thing they refund my SET(M) money into my account.

I asked them weather my wife and son allowed to apply SET(M) as soon as they got FLR(M) they say no and they told me I have to wait for 5years to apply settlement, I even show the rules to them which I took print out with me, they didn't bother even to check this.

Now I am completly disappointed and completly unknown stage.

Could any senior member suggest me weather I am allowed to apply SET(M) or not to my wife and son now.

It appears they made a mistake regarding set(m) see immigration rule 287(a)(i)(d).

[Lekore]

FLR(M) was really the correct application based on your circumstances. She did not have a spouse visa so SET(M) wasn't suitable. SET(O) as dependant of PBS migrant wouldn't have worked either as you didn't apply for your ILR under that category but went under 10yr LR - that allows no dependants unfortunately. SET(M) now would be inadvisable - she would be required to complete 5yrs under that category - earlier application could be refused.

[Amber]

FLR(M) was really the correct application based on your circumstances. She did not have a spouse visa so SET(M) wasn't suitable. SET(O) as dependant of PBS migrant wouldn't have worked either as you didn't apply for your ILR under that category but went under 10yr LR - that allows no dependants unfortunately. SET(M) now would be inadvisable - she would be required to complete 5yrs under that category - earlier application could be refused.

Please do not comment when you do not know the rules. She would not have to be on flr(m) for 5 years as she was under the old rules. Set(m) is now the correct settlement form once she has completed 2 years (this can be pbs dep and flr(m) combined).

[Lekore]

Hmm sorry about that, may have confused myself on that last part. P sure the rest is correct though

[sach10]

Hi please can any senior members please let me know if can able to apply SET(M) or not now for my wife and son

Please kindly response

Thanks in advance

Hi Guys

First of all thanks for helping me always

I been to CrydonPEO last week for my wife and sons ILR, as I got ILR on 10years long residence category and they been in the country more than 3years, my son born in India, they are first Tier1(psw)dependents for 1year and then Tier1(General) dependents for 2years.

I took both FLR(M) and SET(M) forums, I asked over the starting stage 1counter weather I am allowed to apply SET(M) or not for my wife and son, as they been in the country for more than 3years on point based system, on the counter he checked my wife, son and my passports and biometric cards and then said to me they can apply SET(M) and they took SET(M) fees and they check all the documents and took biometrics for SET(M) forum and told to wait for couple of hours after 2hours they told me senior case worker assed your wife and son's case, they saide my wife and son is not elgible to apply SET(M) and they asked to apply for FLR(M), later on the same day I applied FLR(M) and they approved FLR(M), only little bit good thing they refund my SET(M) money into my account.

I asked them weather my wife and son allowed to apply SET(M) as soon as they got FLR(M) they say no and they told me I have to wait for 5years to apply settlement, I even show the rules to them which I took print out with me, they didn't bother even to check this.

Now I am completly disappointed and completly unknown stage.

Could any senior member suggest me weather I am allowed to apply SET(M) or not to my wife and son now.

It appears they made a mistake regarding set(m) see immigration rule 287(a)(i)(d).

[z18runway]

did you follow the link provided by amber ?

[sach10]

Hi I did took print out of 287 (a)(I)(d) with me I even try to show them but didn't worked out please help me what to do

did you follow the link provided by amber ?

[Amber]

Hi I did took print out of 287 (a)(I)(d) with me I even try to show them but didn't worked out please help me what to do

did you follow the link provided by amber ?

You will have to make a set(m) application and get a decision before you can take action. They didn't make a decision they just gave advice.

[sach10]

Hi Again

I am so much confused about this, I spoken to UKBA yesterday about this, they told me I can apply for ILR for my wife and sons case, as she is been in the country from past3years in which 2years is from Tier1(General) dependent, she even told me write covering leter aswell and mention the name and time spoken to as their call is recordig.

I then spoken to one of the solicitior he said that my wife can't apply as she is not fiished the 5years time but my son can apply

could any body kindly resolve my mistery and guide me appropriate. please kindly hel me.

Hi I did took print out of 287 (a)(I)(d) with me I even try to show them but didn't worked out please help me what to do

did you follow the link provided by amber ?

You will have to make a set(m) application and get a decision before you can take action. They didn't make a decision they just gave advice.

[Amber]

Hi Again

I am so much confused about this, I spoken to UKBA yesterday about this, they told me I can apply for ILR for my wife and sons case, as she is been in the country from past3years in which 2years is from Tier1(General) dependent, she even told me write covering leter aswell and mention the name and time spoken to as their call is recordig.

I then spoken to one of the solicitior he said that my wife can't apply as she is not fiished the 5years time but my son can apply

could any body kindly resolve my mistery and guide me appropriate. please kindly hel me.

Hi I did took print out of 287 (a)(I)(d) with me I even try to show them but didn't worked out please help me what to do

did you follow the link provided by amber ?

You will have to make a set(m) application and get a decision before you can take action. They didn't make a decision they just gave advice.

If your spouse was a PBS dep applicant prior to July 2012 then it's the old rules and 2 years not 5. Nothing more to it.

[sach10]

Hi Amber

So as per your advice now my wife and son eligible right to apply SET (M) or you mean they have to wait on FLR (M) for 2years please kindly clarify me.

Hi Again

I am so much confused about this, I spoken to UKBA yesterday about this, they told me I can apply for ILR for my wife and sons case, as she is been in the country from past3years in which 2years is from Tier1(General) dependent, she even told me write covering leter aswell and mention the name and time spoken to as their call is recordig.

I then spoken to one of the solicitior he said that my wife can't apply as she is not fiished the 5years time but my son can apply

could any body kindly resolve my mistery and guide me appropriate. please kindly hel me.

Hi I did took print out of 287 (a)(I)(d) with me I even try to show them but didn't worked out please help me what to do

You will have to make a set(m) application and get a decision before you can take action. They didn't make a decision they just gave advice.

If your spouse was a PBS dep applicant prior to July 2012 then it's the old rules and 2 years not 5. Nothing more to it.

[Amber]

Hi Amber

So as per your advice now my wife and son eligible right to apply SET (M) or you mean they have to wait on FLR (M) for 2years please kindly clarify me.

Hi Again

I am so much confused about this, I spoken to UKBA yesterday about this, they told me I can apply for ILR for my wife and sons case, as she is been in the country from past3years in which 2years is from Tier1(General) dependent, she even told me write covering leter aswell and mention the name and time spoken to as their call is recordig.

I then spoken to one of the solicitior he said that my wife can't apply as she is not fiished the 5years time but my son can apply

could any body kindly resolve my mistery and guide me appropriate. please kindly hel me.

You will have to make a set(m) application and get a decision before you can take action. They didn't make a decision they just gave advice.

If your spouse was a PBS dep applicant prior to July 2012 then it's the old rules and 2 years not 5. Nothing more to it.

The time spent as a PBS dep can be added to that of flr(m) to create 2 years so that could be immediate set(m) following flr(m) if you spouse was a PBS dep spouse for 2 years.

[sach10]

Hi Amber


If possible could you please provide me some sort of covering letter template to explain my situation to case worker just to avoid any kind of rejections with silly reasons so that I will be very great full to you

Thanks in advance.

So as per your advice now my wife and son eligible right to apply SET (M) or you mean they have to wait on FLR (M) for 2years please kindly clarify me.

Hi Again

I am so much confused about this, I spoken to UKBA yesterday about this, they told me I can apply for ILR for my wife and sons case, as she is been in the country from past3years in which 2years is from Tier1(General) dependent, she even told me write covering leter aswell and mention the name and time spoken to as their call is recordig.

I then spoken to one of the solicitior he said that my wife can't apply as she is not fiished the 5years time but my son can apply

could any body kindly resolve my mistery and guide me appropriate. please kindly hel me.

If your spouse was a PBS dep applicant prior to July 2012 then it's the old rules and 2 years not 5. Nothing more to it.

The time spent as a PBS dep can be added to that of flr(m) to create 2 years so that could be immediate set(m) following flr(m) if you spouse was a PBS dep spouse for 2 years.

[Amber]

Hi Amber


If possible could you please provide me some sort of covering letter template to explain my situation to case worker just to avoid any kind of rejections with silly reasons so that I will be very great full to you

Thanks in advance.

So as per your advice now my wife and son eligible right to apply SET (M) or you mean they have to wait on FLR (M) for 2years please kindly clarify me.

If your spouse was a PBS dep applicant prior to July 2012 then it's the old rules and 2 years not 5. Nothing more to it.

The time spent as a PBS dep can be added to that of flr(m) to create 2 years so that could be immediate set(m) following flr(m) if you spouse was a PBS dep spouse for 2 years.

There is a letter extract someone used for a reconsideration on here somewhere, I can't find it but I'm sure someone will link it for you.

[sach10]

[quote="sach10"

Hi Again

Could any one please help me to find appropriate covering letter which suits to my case to apply SET(M) for my wife and son.


If possible could you please provide me some sort of covering letter template to explain my situation to case worker just to avoid any kind of rejections with silly reasons so that I will be very great full to you

Thanks in advance.

So as per your advice now my wife and son eligible right to apply SET (M) or you mean they have to wait on FLR (M) for 2years please kindly clarify me.

If your spouse was a PBS dep applicant prior to July 2012 then it's the old rules and 2 years not 5. Nothing more to it.

The time spent as a PBS dep can be added to that of flr(m) to create 2 years so that could be immediate set(m) following flr(m) if you spouse was a PBS dep spouse for 2 years.

There is a letter extract someone used for a reconsideration on here somewhere, I can't find it but I'm sure someone will link it for you.[/quote]

[vinny]

Here.

[sach10]

Here.

Hi vinny/Amber

Thanks for providing me the link but the link suggest for reconsideration, my case I need covering template with the 287 (a)(I)(d) explaining clearly to case worker so that to avoid any kind of rejection, please kindly help me on this, so that I will be very grateful to you, Thanks in advance.

[Amber]

The information you require is in the link provided, another user just posted their success, just knowing the immigration rule 287(a)(i)(d) should suffice but if you're making a postal application just vary the letter in the link.

[sach10]

The information you require is in the link provided, another user just posted their success, just knowing the immigration rule 287(a)(i)(d) should suffice but if you're making a postal application just vary the letter in the link.

Hi Again

Thanks for the advice, I will certainly edit and redo as per your advice with attached link covering letter, and I got few doubts about supporting documents.

My landlord provide me tenancy agreement, this is like normal word format cover simple information how many rooms and rent and witness signs and me and my wife signs.

I spoken to one of the solicitior who I know he said I have to provide letter from landlord like no objection letter saying how many room I took rent etc and as well as I have to provide property inspection report.

please kindly let me know only the tenancy agreement is fine or do I have to do as per the solicitor advice as well where it cost me another £200 for property inspection report.

Please kindly advice me on this.

[Amber]

The information you require is in the link provided, another user just posted their success, just knowing the immigration rule 287(a)(i)(d) should suffice but if you're making a postal application just vary the letter in the link.

Hi Again

Thanks for the advice, I will certainly edit and redo as per your advice with attached link covering letter, and I got few doubts about supporting documents.

My landlord provide me tenancy agreement, this is like normal word format cover simple information how many rooms and rent and witness signs and me and my wife signs.

I spoken to one of the solicitior who I know he said I have to provide letter from landlord like no objection letter saying how many room I took rent etc and as well as I have to provide property inspection report.

please kindly let me know only the tenancy agreement is fine or do I have to do as per the solicitor advice as well where it cost me another £200 for property inspection report.

Please kindly advice me on this.

Tenancy agreement should be fine,

[sach10]

The information you require is in the link provided, another user just posted their success, just knowing the immigration rule 287(a)(i)(d) should suffice but if you're making a postal application just vary the letter in the link.

Hi Amber&Vinny

Please kindly check weather the below covering letter should be fine or not and please kindly correct me if I wrote any where mistake or doesn't sound correct.



I would like to bring your kind attention on my wife&son's SET(M) application, I am applying on the basis of following rules, I hope this will help for my wife SET(M) application to process smoothly.

My Wife & Son application falls directly under paragraph 287. (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom.

As per my own understanding I think my wife application can be consider under paragraph (287(a) (i) and (d) of the immigration rules stated below:

(a) (i) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom.

(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.


As per my own understanding my wife & son don’t need to complete probation period because as my wife been onTier1 (PSW) (08/20009 to 05/2011) PBS dependent then Tier1 (General) PBS dependent (06/2011 to 06/2013) and Spouse/Partner of settled person (from 06.2013 to 06.2015),
my son dependent on Tier1(psw)(09.2010 to 05.2011) then Tier1(General)dependent(from 06.2011 to 06.2013) and Dependent of settled person (from 06.2013 to 06.2015)


Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).

I even called to Croydon PEO customer service I spoken with the xxxxx person on xxxx @xxxxx they do confirm me my wife can apply under the above rules and can Amalgamate previous Tier1(Gen) dependent leave with FLR(M).

[Amber]

The information you require is in the link provided, another user just posted their success, just knowing the immigration rule 287(a)(i)(d) should suffice but if you're making a postal application just vary the letter in the link.

Hi Amber&Vinny

Please kindly check weather the below covering letter should be fine or not and please kindly correct me if I wrote any where mistake or doesn't sound correct.



I would like to bring your kind attention on my wife&son's SET(M) application, I am applying on the basis of following rules, I hope this will help for my wife SET(M) application to process smoothly.

My Wife & Son application falls directly under paragraph 287. (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom.

As per my own understanding I think my wife application can be consider under paragraph (287(a) (i) and (d) of the immigration rules stated below:

(a) (i) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom.

(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.


As per my own understanding my wife & son don’t need to complete probation period because as my wife been onTier1 (PSW) (08/20009 to 05/2011) PBS dependent then Tier1 (General) PBS dependent (06/2011 to 06/2013) and Spouse/Partner of settled person (from 06.2013 to 06.2015),
my son dependent on Tier1(psw)(09.2010 to 05.2011) then Tier1(General)dependent(from 06.2011 to 06.2013) and Dependent of settled person (from 06.2013 to 06.2015)


Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).

I even called to Croydon PEO customer service I spoken with the xxxxx person on xxxx @xxxxx they do confirm me my wife can apply under the above rules and can Amalgamate previous Tier1(Gen) dependent leave with FLR(M).

It's look ok though I would use does not rather than don't and I would say does not have to meet the 2 year probationary period under flr(m) alone, rather that the time spent as a spouse PBS dependant can be combined.

[sach10]

Hi Amber/Vinny

I booked appointment for SET(M) on 05.07.13 I got some problem with latest bank statement, I got until 02.06.2013 original bank statements, but from 03.06.2013 to 02.07.2013 I got internet bank statement it is inkstamped by Bank, is this will be ok or does it going to cause any problem, could you please kindly let me know.

If it is any problem I will wait until I get statment and then reschedule appointment.

Could you please kindly let me know.

Thank you in advance

[Amber]

Hi Amber/Vinny

I booked appointment for SET(M) on 05.07.13 I got some problem with latest bank statement, I got until 02.06.2013 original bank statements, but from 03.06.2013 to 02.07.2013 I got internet bank statement it is inkstamped by Bank, is this will be ok or does it going to cause any problem, could you please kindly let me know.

If it is any problem I will wait until I get statment and then reschedule appointment.

Could you please kindly let me know.

Thank you in advance

Pop into the branch and ask them to print a statement if possible, whatever you use, make sure it's signed by the cashier, stamped and dated. When you go for your appointment show the caseworker before payment and say, is this ok? Also, take the 3 months of original bank statements you have April-June and the last month July should be ok without, though, take what you've printed and had certified by the bank.