ILR - PBS Dep - FLR(M) Route Update

[ckba]

Hi,
I hope this forum is still active, i need clarification on Tier 1 PBS depedant, FLR M amalgamation to apply for set(m). My wife originally came to uk as work permit depedant in feb 2010 and changed her visa to Tier 1 depedent in april 2011. I got my ILR on tier 1 basis in Feb 2012 and later apply for her FLR(m)which was granted on march 2013. Now we are planning to apply for settlement set(M). I believe that time she has spend as Tier 1 depedant from april 2011 to march 2013 and then time she has spend on FLR(m) which is april 2013 to date, should be enough to qualify for ILR?
Many THanks

[Amber]

What I wrote was basically the response. As far as I am aware the information is still accurate and they are still allowing what was stated.

[members]

Dear D4109125,

Thanks for your reply. Does it mean that my wife, who is currently a PSW dependant, will be able to apply for ILR as soon as her FLR(M) would be granted, and she will not need spend two years under FLR(M)?

[vinny]

Hello everyone,

Could someone, specially the senior and/or experienced members of the forum, please help me regarding the following:

Immigration Rules:

Long residency applicants cannot include dependants with their application. Therefore, the dependant will have to apply using FLR(M). The requirement for such application is set out in Paragraph 284(i)(b), which does not mention anything about Tier 1 (PSW) dependants. Regrading settlement of such dependants, Paragraph 287(a)(i)(d) says: if the dependant obtained extension using FLR (M) and complete two years as spouse of settled partner, s/he can apply for settlement. Note that the two years can be a combination of leave as a PBS Dependant and FLR(M) leave.

But, from 6 April 2013, the partner of a points based system migrant not on a route to settlement cannot switch into the partner route under paragraph 284 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement. Again, this only applies to Tier 4 and Tier 5 Dependants as these categories are prohibited under Paragraph 284, and Paragraph 284 does not say anything about Tier 1 (PSW) Dependants.

The Big Questions:

1. Is it because the PSW category does not exist anymore and UKBA did not feel the need to include this category even though it has not been a route to settlement?

2. Cannot Tier(4) and Tier(5) Dependants even extend their stay using FLR(M)? What will happen to them when their spouses become settled?

Your valuable thoughts are highly appreciated.

[members]

Dear Vinny,

Thanks for reallocating my post to where you, as a moderator, think fits best. I am sorry if I have, without knowing, started another thread about the same topic. In any event, I would be grateful if someone answer my questions.

Yours sincerely,
Members

[Amber]

What I have already stated still stands, the rules will change but no one knows exactly when. Someone was successful last week (Tier 4 dep), as soon as someone says they were declined or the rules are expressly changed I shall endeavor to put it on here. The April 2013 changes have not yet to be implemented however, a review is now underway which is likely to change it.

319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

[members]

Dear D4109125,

Many thanks for your concerned and prompt reply. I'll keep an eye for any updates coming from you. Could you please tell where did you find such information about a review being underway.

[Amber]

Dear D4109125,

Many thanks for your concerned and prompt reply. I'll keep an eye for any updates coming from you. Could you please tell where did you find such information about a review being underway.

From a senior settlement caseworker.

[vinny]

There may be complications in the future. I believe that Partners, who are not subject to the transitional provisions, are subject to E-ILRP.1.3. They may not be able to rely on 287. Their qualifying period for ILR may be reset.

[ak_akhan]

Dear All,
Please clarify my confusion.

My wife came with me as Student dependent in Jan 2006.

Then we got PSW visa in Oct 2008 for 2 Years.

In Nov 2010 we got Discretionary leave to remain for 3 Years.

I got my ILR on the basis of 10 years long residency, and my 3 childrens got their british passports already.

Problem is my wife's spouse visa as I cannot fulfill the new financial requirments, but according to some of the posts it seems I come under old rules as my spouse has already spent 2 years on PSW.

Could you please confirm if this is right (I come under old rules)?

If yes what are the documents required.

Thanks

[Amber]

Based on what you've wrote, your spouse will have to have DLR for 6 years or have 10 years long legal residence in order to qualify for settlement. It would appear a DLR extension would be required before the current leave expires.

[ak_akhan]

Hi D4109125,

Thanks for the prompt reply.

I am thinking to apply her spouse visa via premium service.

Can we not apply FLR M on old rules as she has already spent 2 years on PSW (Points based system), and in this way we can apply for her ILR straightaway on the basis of paragraph 284 b.

I am aware of the DLR procedure, want to avoid that.

The reason I am saying all this is because someone shared this very useful information in one of the post below.

Dear Home Office,

Could you please help and advice me,

I (the Main applicant) have been granted ILR on the basis of ten years long residency and my dependent had a Tier 1 (PSW) status up till 31st July, 2014
My questions are,

1- Do I need to show (18,600) income threshold for her FLR (M) visa as she came very first time on student dependent in UK in March 2006?

2- After switching to FLR (M), can she apply for ILR immediately as she already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.
(Home office replied)
Dear Mr ---------

Thank you for your email dated 24 June 2013. Your enquiry has been forwarded to Home Office Public Enquiries because it is not a policy enquiry.

Please be advised that if your dependant was granted a Tier 1 (PSW) dependant visa prior to the 9th July 2012, she may apply for a spouse Leave to Remain under the rules in place for Partners who applied on or before 8 July 2012 and would not need to show the £18,600 financial requirement.
If your dependant has also completed two years in the Uk as a Tier 1(PSW) dependant, she can also apply for settlement after she gets her spouse under paragraph 284 (b) of the rules. Please be advised that time spent as student dependant is excluded.

For further information please visit the Home office website at: http://www.ukba.homeoffice.gov.uk/visas ... spouse-cp/

Yours sincerely,
Edward Henry

[Amber]

Your spouse is not a PBS dependent she is on DLR.

See the transitional guidance (click)

[ak_akhan]

Thanks for your help, it's clear now.

[Kallmay]

Dear Amber can my husband apply for SET M? I got my 10 yr ILR on May 2013 and my husband has been Tier 4 dependent since 2008 and got his FLR (M)on July 2013. He was given 2 years and his approval letter says that he can apply ILR after 2 years. We don't know what to do? Can he now apply for SET M? You mentioned in this forum that a Tier 4 dependant applied last week. What was the result? Please help! Thank you.

[Amber]

Email SettlementOpsPolicy@homeoffice.gsi.gov.uk ask

"If the spouse of a tier 4 PBS dependant has subsequently gained ILR as a 10 year long resident, and the dependant has subsequently been granted flr(m), can that dependant apply for set(m) now? Using immigration rule 287(a)(I)(d) under Part 8, combining the time as a PBS dep with fr(m) to equal the 2 year qualifying period?"

As far as I am aware, the response should still be yes, however, do let us know of the reply.

Include the email response with your application for support.

[geriatrix]

Dear Amber can my husband apply for SET M? I got my 10 yr ILR on May 2013 and my husband has been Tier 4 dependent since 2008 and got his FLR (M)on July 2013. He was given 2 years and his approval letter says that he can apply ILR after 2 years. We don't know what to do? Can he now apply for SET M? You mentioned in this forum that a Tier 4 dependant applied last week. What was the result? Please help! Thank you.

Read Dependant of ILR (long residence) applicant on PBS leave

[Amber]

Dear Amber can my husband apply for SET M? I got my 10 yr ILR on May 2013 and my husband has been Tier 4 dependent since 2008 and got his FLR (M)on July 2013. He was given 2 years and his approval letter says that he can apply ILR after 2 years. We don't know what to do? Can he now apply for SET M? You mentioned in this forum that a Tier 4 dependant applied last week. What was the result? Please help! Thank you.

Read Dependant of ILR (long residence) applicant on PBS leave

See Page 188, 7.31, 3rd paragraph down of the March 2013 changes (click)

[Kallmay]

Thank you so much Amber. I will update you about the response.

[geriatrix]

See Page 188, 7.31, 3rd paragraph down of the March 2013 changes (click)

What is mentioned in the said paragraph can only come into effect if both 287(a)(i)(d) and 287(a)(i)(e), and / or 319AA is changed to reflect the intention. Until then, "relevant point-based migrant" includes both Tier 1 (PSW) and Tier 4 (General).

See para 98 and 99 of the same document. Now, compare these two changes with 287(a)(i)(d) and 287(a)(i)(e), as they stood, before 06-Apr-13 (can be found in national archives's HO webpages) and you will observe (to your surprise) that the paragraphs are identical.

My take - someone goofed up when drafting the change(s) to be included in HC1039 under these paragraphs!!

Hence, for now nothing has changed from what is written in the FAQs. It may, in the next statement of changes, provided the settlement operations policy team has realised that they have made a mistake.

[Amber]

I understand, am aware and do not dispute anything you have said but I think it is prudent for the applicant to confirm that the rules have not changed/a new statement in changes issued prior to applying, as not everyone is able to understand or interpret the rules. There has been a clear intention for the rules to change, but for the error in the application of changes, the rules could change at any time, subject to the publication of changes.

[Kallmay]

Dear Amber, I emailed settlement policy and they said in their reply that they cannot answer general enquiries. It will be forwarded to the Immigration Enquiry Bureau who will respond to me separately but until now no respond. Hopefully the bureau will answer my question. Thank you for your help.

[Amber]

Given the fact that the immigration rules could change at any time, you should make arrangements to apply for set(m) ASAP.

[Kallmay]

What is the best PEO or postal? What evidence (rules) shall we include because no reply from them?

[Amber]

PEO should give a same day decision, it's more expensive but offers peace of mind. Immigration rule 287(a)(i)(d) is what you will rely on.