Financial requirement for FLR(M)- pre July 2012

[aerial]

Hi amber,

I am applying ILR on SET(m) at PEO. Beforehand i emailed to Policy team to clear the doubts on amalgamation of qualifying period for pre july 2012 applicants.

My question was to policy team:

Dear Home Office,



Could you please clarify,

The main migrant granted ILR on the basis of 10 years long residence, and the main migrant prior to ILR was on a Tier 1 PSW along with his dependent wife.

1) After 'switching' to FLR(M), can the dependent apply for ILR immediately, as the dependent has already spent more than 2 years as a Points Based System PSW dependent prior to the FLR(M)?.

2)Will the years spent as a PBS dependent (Tier 1 (PSW) Dependent) granted entry clearance prior to July 2012 count towards the qualifying period? Or the qualifying period starts from the date FLR (M) was granted.

3) Can you please site the immigration rules to substantiate your reply.

Thanking you


The reply i got from policy team was :

Dear Sirs,



When a PBS migrant obtains ILR under the rules for long residence their spouse/civil partner:



· Must switch into partner of settled person route before they can apply for ILR on form FLR(M)



· Those granted leave as PBS dependant before 9 July 2012 and applying for FLR before 6 April 2013 Rules changes must switch under 284(i)/295D(i); then apply for ILR under 287.(a)_(d)/295G(b) – completed 2 years amalgamated leave



· From 6 April 2013, the rules are different for partners of those PBS migrants who were on a route to settlement and those not (please note Tier 1 (PSW) is not a route to settlement, but under the current rules is treated as though it were):



o Those with leave as partner of PBS migrant in T1, T2 or Tier 5 private servant in a diplomatic household who applied to enter the UK before 6 April 2012 switch under paragraph 284(i)(b)/295D(i); ILR under 287(a)_(d) – complete 2 years amalgamated leave if leave as partner before 9 July 2012, or 5 years amalgamated if they were granted leave as partner on or after 9 July 2012



o Those with leave as partner of PBS migrant T4 student, or T5 (except private servant in a diplomatic household who applied to enter the UK before 6 April 2012); switch under Appendix FM and complete 5 years in the partner route for ILR



I trust this answers your questions.



Regards

Policy team.


Can I assume with the reply provided that to go ahead applying ILR .

[Amber]

You can go ahead as the rules haven't changed yet. Immigration rule 287(a)(I)(d) allows for this.

[aerial]

Thanks again

[aerial]

One of the best, polite and professional advice from you amber.

Iam so happy today that my ILR approved at croydon PEO.

[Amber]

Good news.

[aerial]

Hi amber am back. I am trying to put all my queries in one thread which i created long time back.

Now my query is:

My husband got ILR through Long residence on June 12th 2013 and i think he can apply for British naturalization from june 12th 2014. But after going through all financial requirements problems i got my ILR after FLR on September 25th 2013. Thanks for your guidance and advice.
Now can I apply for Naturalization from June 12th 2013 along with my husband or should I wait until I cover my 1 year since i got my ILR ?

[Amber]

You'll have to wait until he's British then apply once you've been resident 3 years.