ILR Dependent Refused -> apply for FLR(M)?

[cloud0112]

Hello All,

I urgently need your help/advice regarding my case.

@ Croydon PEO, 26th Sep 2013
. My wife: granted for ILR (Tier 1 G holder, 5 yr route)
. Myself: Refused for ILR Dependent
- Dependent of Tier 1G : 12/06/12 to 02/05/14
- previously granted as PSW visa (under my name)

Refusal reason was that the period as Tier1 Dependent was less than 2 yrs and the case worker advised me to apply for the FLR(M) first.
We provided all the evidences which prove we have been living together in the UK more than 2 years (we got married in Aug 2010) but the case worker said that I must fulfill 2 years as a dependent of PBS Migrant.

I am going to prepare for FLR(M) but confused ;
1. Is FLR(M) a correct form to continue 2 year as a dependent of my wife? She is no longer in Tier 1G but got the ILR and I wonder if I can apply
for the further leave to remain as Tier 1G dependent.
2. If I can, am I eligible to apply for FLR(M) now? Or Do I need to wait til
28 days before current dependent visa to be expired?

3. As you can see my current dependent visa period is less than 2 years.
Thus I will need to combine it with further leave to remain.
-> I was granted for 12/06/12 back in my contry and entered to the UK in 24/06/12. When does the start day counted from? Is it the actual date I entered to the UK or the date I was granted for the dependent visa?

3. The refusal letter says that I entered UK in Oct 2012. Although Oct 2012 stamp is on the same page as my dependent visa, I entered UK on 24 June 12 and this stamp is on the previous passport page. Oct 2012 was when I travelled to Prague for the holiday but obviously the case worker got it wrong as this stamp was on the very same page as my visa.
-> I will explain this on the cover letter when I apply for FLR(M) but worry that the refusal letter says ' I entered UK in Oct as Tier 1 Dependent valied from 12 Jun 2012~'. Will a cover letter be enough? Do I need to prepare anything else?

Sorry for my lenghty post but would be extremely grateful if you can kindly give some guide.

[Amber]

Clarify:

Did your wife get ILR as a PBS applicant or long residence?

When did you enter the UK?

When did you first get granted pbs dep leave and how long have you been living in the UK as a spouse?

Did you get a refusal in writing?

[UKBALoveStory]

Refusal reason was that the period as Tier1 Dependent was less than 2 yrs and the case worker advised me to apply for the FLR(M) first.
We provided all the evidences which prove we have been living together in the UK more than 2 years (we got married in Aug 2010) but the case worker said that I must fulfill 2 years as a dependent of PBS Migrant.

See also Q12

[rbk1597]

You dont need FLR(M) or to apply for any extension.
You already have T1 Dep till May 2014, so continue with that. Then count 5 years from the day you were granted Tier1 Dependant leave (New rules) When the time reaches 5years, apply for ILR.
All the time you spend as PSW does not count to anything?

[UKBALoveStory]

All the time you spend as PSW does not count to anything?

Incorrect. Q36

I would suggest OP to answer questions raised by Amber and Amber will most probably reply to original queries.

[cloud0112]

Dear Amber,

Thank you very much for your reply.
1. My wift got ILR as a PBS applicant (Tier 1 General, 5 years route)

2. I entered the UK on 24 Jun 2012 as the entry clerance, after granted
for a dependent of PBS Migrant back in my country

3. I first got granted as PBS dependent on 12 Jun 2012 which expires on 02 May 2014. (And came to UK on 24 Jun)

4. Yes, I got the refusal in writing today as we visited Croydon PEO for the preminum service.

I am currently reviewing all the relavant posts but really confused if I am able to use FLR(M). Your advice is highly appreciated.

[Amber]

You can extend as a PBS dep and apply to settle from June 2014.

[cloud0112]

Thank you very much.

I clicked that link and open the form. I found that I need to check my wife's Tier visa category.
As my wife will get new Biometic Residence Permit as a ILR, I am confused if it is right to check Tier 1(G), if you know what I mean.
Why is not FLR(M)? As I will be applying for a parter of a person who settled in the UK.

Should I follow the first visa I was granted as a dependent although the main applicant's status has been switched? (PBS Migrant -> ILR holder)

I am really sorry to bother you but even UKBA homepage does not give me the clear answer. Please help me...!!

[manojult]

I feel that the refusal is incorrect. In my case, http://www.immigrationboards.com/viewto ... highlight=
the appeal against a similar decision was upheld by the first tier tribunal.
The only difference in this case is that the OP has entered UK after grant of the visa on 24th July 2012(after 9th July when the rules changed).
This is irrelevant as the qualifying period starts when he started living with his wife(and this does not depend on visa type).

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-gender partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

Please see vinny's lengthy discussion on my case.

[rbk1597]

Thank you very much.

I clicked that link and open the form. I found that I need to check my wife's Tier visa category.
As my wife will get new Biometic Residence Permit as a ILR, I am confused if it is right to check Tier 1(G), if you know what I mean.
Why is not FLR(M)? As I will be applying for a parter of a person who settled in the UK.

Should I follow the first visa I was granted as a dependent although the main applicant's status has been switched? (PBS Migrant -> ILR holder)

I am really sorry to bother you but even UKBA homepage does not give me the clear answer. Please help me...!!

Follow my advise which is very correct FOR YOUR PARTICULAR CASE!
. You entered UK in June 2012.
. Your time as PSW was broken when you went back home, so does not even count towards 10yr ILR (depending on how long the break was)
. This means that you have to be in UK for 5yrs as either dependent or partner of settled person before you qualify for ILR
. Right now you have bout 1yr 4months, so
. You continue with the current visa you have, when it is about to expire,
. You apply for FLR(M)
. There is no requirement for you to apply for FLR(M) now since you still have valid leave.
. Having said that, you are also free to apply for FLR(M) anytime before your current leave expires, but
. You will only be able to apple for ILR in June 2017

IF your total absences (including after PSW) does not exceed 190days, and your total time in UK (starting from student visa) reaches 10yrs before June 2017, then you can apply for Long Residence ILR (if its still available)

I hope this explains your case fully

EDIT!!!
---------
If you confirm that you are not affected by 9 July 2012 New Rules (5yr probationary period) then substitute all my "5yr" statements with "2yr"
. This means that you will be eligible for ILR in June 2014, and
. Since you can apply 28days before qualifying period, it means you can apply ILR in May 2014 MEANING you DO NOT have to apply for further leave now (save money)
. If the 28day rule does not apply to you, they you can extend your visa beyond May 2014 as a PBS Dep OR apply for FLR(M) any time and then apply for your ILR in June 2014, If I was you I would choose the cheaper option.

[Amber]

The time spent as a spouse on leave other than a pbs dep can be counted. However, I asked clearly when the op entered the UK (regardless of leave) and was told June 2012. The op need to state their immigration timeline clearly I,e.:

Date - immigration status

[manojult]

Hi cloud0112,
I read the dates wrong. Your case is similar to mine. Only thing that is not clear is if you had continous leave
Please provide the dates on

1. when you got married and started your cohabitation in UK
2. when your PSW expired.
3. when you applied for dependant visa

It matters whether you had valid leave throughout. The type of visa does not count.
Short trips abroad do not mean break in eligiblity period.

[cloud0112]

Hi manojult,

1. married date: 16 Aug 2010 in the UK (certificate of marriage submitted)
2. cohabitation in the UK: Since 2008~ (submitted evidence from 2009)
3. PSW expiry date: Sep 2013
4. dependent visa: 12 Jun 2012 (entered the UK in 24 Jun 2012)
-> So swithched to a dependent visa of a PBS Migrant before my PSW visa was expired.

Before getting married, I had a student visa as I was studying at the uni (Bachelors degree). I was granted for a dependent of PBS Migrant before 9 July 2012 when the rule was changed.

[Amber]

Therefore, you should appeal the decision quoting 319E(d) stating that you were living as a spouse with the PBS applicant for 2+ years and had valid PBS dep leave when you applied therefore, the decision should be reconsidered and ILR granted. Assuming any absences were limited and for good reason.

[rbk1597]

Therefore, you should appeal the decision quoting 319E(d) stating that you were living as a spouse with the PBS applicant for 2+ years and had valid PBS dep leave when you applied therefore, the decision should be reconsidered and ILR granted. Assuming any absences were limited and for good reason.

Major question which has not been answered all this while is
"When was the PSW granted???"

If f.a.s say it was granted Feb 2012, then still they would not have had the required 2yrs as a spouse.

Also it appears op applied Dependent Visa from outside UK. Its not clear for how long they had been outside UK when they re-entered as dependant.

So before a concrete answer can be given, op still needs to clear these questions.

[cloud0112]

Hi,

My PSW visa was granted inside the UK for 2 years;
12 Sep 2010 to 12 Sep 2012
(Sorry I got it wrong on my previous post, please ignore that!!)

My dependent visa of PBS Migrant;
12 Jun 2012 to 02 May 2014

I was outside the UK for 2 weeks (8 Jun 2012 ~ 24 June 2012) for the entry clearance - I combined my biz trip & annual leave 1 week each.

My total number of days outside of UK for last 5 years was 111 days and the reasons were submitted when applied for ILR.

[rbk1597]

In that case D4109125's contribution is valid.
The case worker was wrong to refuse you ILR.
You can appeal the case if you paid a lot of money (get refund) and you will get your appeal costs refunded as well.
You had completed 2years as a dependent of PBS applicant.

[vinny]

Unfortunately, you have no right of appeal, if you still have leave.

If you had applied for ILR and was wrongly refused, then ask for a reconsideration.

[JShah]

Hi Gurus,
I m on ILR(Intially TIER 1 G), my wife is on PBS visa, she is going to apply for extension, I m confused whether to apply for PBS extension or use FLR(m),
Kindly advice me which will be the better option.
Secondly my UK born daughter was refused for ILR and granted her TIER 1 dependent visa, I just want to know if I can apply for "Reconsideration" and how.

Any help will be highly appreciated

Regards