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Lcj wrote:Hi everyone,
just an update l called homeoffice this afternoon and they have said they sent out a pack for me this morning to my solicitors and she gave me a tracking number lam so nervous don't know what's in it. I applied on the 6/August /2012. Wish me luck can't eat anything now
I don’t know why you are saying that I am taking a gamble! Is there any legal mistakes I am doing while deciding to apply in September?saanju9 wrote:DHK wrote:Dear Damanisshallo,Damanisshallo wrote:You can use SET(F) for your children anytime from now. WRT your wife, its up to you if you want to finish all of this ASAP then go for FLR(M) followed by SET(M) [Costs you around £1500 via postal] or make a SET(LR) [£1000 Apx] in September 2013.DHK wrote:I am still waiting for your reply of my original question as i answered your quiry already.
Thanks for your quick reply.
I want to apply for the children using SET (LR) upon completion of 10 years alongwith their Mum in September 2013 rather than applying now using SET (F). Is this is a good decision ? Please advice. Thanks again.
Two things here... I know this topic has been discussed earlier and I know none of us could find a reference where it mentions 28 days time constraint but
We all know that the dependents has to be changed to Settled person's dependent as soon as possible after the main applicant has been approved with ILR.. However, I know your not applying for SET(M) and instead applying for SET(LR) but what you should bare in mind is how much time the case worker will consider this as soon as possible time constraint. Do you think that the CW will consider 4 months as a too long time and you should have applied for FLR(M) or is he/she will take it easy and will grant ure wife SET(LR)... It all depends on the case worker who deals with your case... we got some fine examples of inconsistency in the recent past..
So I think The appropriate way to do it is to have FLR(M) and then apply for SET(LR) or SET(M)....especially on a postal application where you can't explain anything to them in person....
If you want to apply for SET(LR) in September (Not Applying FLR(M))...then again I think that's a gamble you take...
So its a decision you have to make.. I know its going to cost you a bit to follow the correct procedure but your safer...they can't reject your application and I think because ure wife and children are here for more than two years as Tier 1 (General) dependents.... they can get the ILR immediately...otherwise they got to go through all this pain we have been through...
However, the flip side is the money involved..so if you can put up the money upfront I would say FLR(M) and then SET(M) and it can be over in a week or two... but if you can't .. with a bit of gamble SET(LR) in September
shahab99 wrote:Can any one please send me the link where it says that Tier 4 dependent is not a route for settlement because I could not find it
Family Members @ Page 10 wrote:Dependants of PBS Tier 4 and Tier 5 migrants
The partner of a points based system migrant not on a route to settlement cannot, with effect to applications made on or after 6 April 2013, switch into the partner route under paragraph 284 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.
Dear Damanisshallo,DHK wrote:I don’t know why you are saying that I am taking a gamble! Is there any legal mistakes I am doing while deciding to apply in September?saanju9 wrote:DHK wrote:Dear Damanisshallo,Damanisshallo wrote:
You can use SET(F) for your children anytime from now. WRT your wife, its up to you if you want to finish all of this ASAP then go for FLR(M) followed by SET(M) [Costs you around £1500 via postal] or make a SET(LR) [£1000 Apx] in September 2013.
Thanks for your quick reply.
I want to apply for the children using SET (LR) upon completion of 10 years alongwith their Mum in September 2013 rather than applying now using SET (F). Is this is a good decision ? Please advice. Thanks again.
Two things here... I know this topic has been discussed earlier and I know none of us could find a reference where it mentions 28 days time constraint but
We all know that the dependents has to be changed to Settled person's dependent as soon as possible after the main applicant has been approved with ILR.. However, I know your not applying for SET(M) and instead applying for SET(LR) but what you should bare in mind is how much time the case worker will consider this as soon as possible time constraint. Do you think that the CW will consider 4 months as a too long time and you should have applied for FLR(M) or is he/she will take it easy and will grant ure wife SET(LR)... It all depends on the case worker who deals with your case... we got some fine examples of inconsistency in the recent past..
So I think The appropriate way to do it is to have FLR(M) and then apply for SET(LR) or SET(M)....especially on a postal application where you can't explain anything to them in person....
If you want to apply for SET(LR) in September (Not Applying FLR(M))...then again I think that's a gamble you take...
So its a decision you have to make.. I know its going to cost you a bit to follow the correct procedure but your safer...they can't reject your application and I think because ure wife and children are here for more than two years as Tier 1 (General) dependents.... they can get the ILR immediately...otherwise they got to go through all this pain we have been through...
However, the flip side is the money involved..so if you can put up the money upfront I would say FLR(M) and then SET(M) and it can be over in a week or two... but if you can't .. with a bit of gamble SET(LR) in September
They are under Tier 1 General dependents since Oct-11 (less than two years ) therefore cannot apply using SET (O) now under article 287 a, b, c or d. Although they are in this country since mid oct-03 as my dependents.
I came to a conclusion but now again I am confused what to do!
No legal mistake at all...but there is no law we found around this circumstances eitherDHK wrote: I don’t know why you are saying that I am taking a gamble! Is there any legal mistakes I am doing while deciding to apply in September?
They are under Tier 1 General dependents since Oct-11 (less than two years ) therefore cannot apply using SET (O) now under article 287 a, b, c or d. Although they are in this country since mid oct-03 as my dependents.
I came to a conclusion but now again I am confused what to do!
By immigration rules you should be fine. See similar situation regarding the 28 days so called rule. The only difference is, there the OP had attended PEO but you will have to post if chose to make SET(LR). Can I ask, why are you so adamant to use SET(LR) rather than SET(F)? Honestly speaking, Choice is yours and if I were in your shoes, I'd have gone with SET(F) for children and SET(LR) for partner if no plans to travel.DHK wrote: I want to apply for the children using SET (LR) upon completion of 10 years along with their Mum in September 2013 rather than applying now using SET (F). Is that OK ? Please advice. Thanks.
Can someone send me a link other PBS dependants are on the route of settlement after April 2013Damanisshallo wrote:shahab99 wrote:Can any one please send me the link where it says that Tier 4 dependent is not a route for settlement because I could not find itFamily Members @ Page 10 wrote:Dependants of PBS Tier 4 and Tier 5 migrants
The partner of a points based system migrant not on a route to settlement cannot, with effect to applications made on or after 6 April 2013, switch into the partner route under paragraph 284 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.
That 'package' should contain your passport and original supporting documents are being sent back to you along with a letter explaining their decision. This will arrive by Royal Mail and you should receive BRP card by another courier if your application is successful. Hopefully you will receive good news..Lcj wrote:Hi everyone,
just an update l called homeoffice this afternoon and they have said they sent out a pack for me this morning to my solicitors and she gave me a tracking number lam so nervous don't know what's in it. I applied on the 6/August /2012. Wish me luck can't eat anything now
I read this thread Damani.. I know that we never found a time constraint rule (28 days rule)... but did we ever find out anything that says the dependents has to change to a settled person's dependents after the main applicant has been granted ILR.Damanisshallo wrote: By immigration rules you should be fine. See similar situation regarding the 28 days so called rule. The only difference is, there the OP had attended PEO but you will have to post if chose to make SET(LR). Can I ask, why are you so adamant to use SET(LR) rather than SET(F)? Honestly speaking, Choice is yours and if I were in your shoes, I'd have gone with SET(F) for children and SET(LR) for partner if no plans to travel.
Hi UzoUzo wrote:I was informed by my MP that my application has been assigned a case a worker and was looked at as early as 14 May. Does anyone have an idea how long it usually takes after your application is assigned a caseworker.
With UKBA there are either rules or kind of axioms. In this particular case the rule is to satisfy Para 319E and because one cannot satisfy this rule, they will have to switch in order to get considered under Para 319E. This is my assumption.saanju9 wrote:but did we ever find out anything that says the dependents has to change to a settled person's dependents after the main applicant has been granted ILR.
Settlement Operational Policy wrote:PBS migrant obtained ILR under the long residency provisions. Therefore, their partner would not be eligible to apply for ILR under paragraph 319E and would need to apply to "switch" and submit form FLR(M) for further leave to remain.
You can do so if you wish. See if varying an application to the same type is an option. However, if you've filled in the application under new rule then I presume you'd have met the Financial Requirement threshold. If this is the case then why to worry? What difference would you think your letter would make?Kallmay wrote:Dear Damanishallo I got my ILR yesterday and I am planning to send my documents to my husbands's FLR(M) outstanding application and shall I also write a letter that my husband's application was supposed to be PRE-JULY RULE FINANCIAL REQUIREMENT because we have mistakenly did it on the NEW RULE. What do you think? Please share your opinion. Thanks.
I'd assume it to be under new rules. Sorry, if this is not the answer you wanted to hear.ak_akhan wrote:got one question, I am currently on Discretionary leave, which I got in Nov 2010, if I get ilr on the basis of long residence, for spouse visa do which rules apply to me, before July 2012 or after? Thanks
LEAVE TO REMAIN AS A SPOUSE OF A PERSON PRESENT AND SETTLED IN THE UNITED KINGDOM @ Page 8 wrote:On 1 October 2004, Command Paper 6339 introduced a requirement preventing switching into the marriage category by a person who only has leave which was granted outside the Immigration Rules. Grants of discretionary leave are outside the Immigration Rules. Therefore those persons granted discretionary leave who apply on or after 1 October 2004 on the basis of a marriage, or the establishment of a partnership with someone present and settled here, cannot seek to switch into leave to remain on the basis of that relationship. Provided the relationship continues to exist they can seek to remain in the UK until they have completed 6 years‟ discretionary leave (in 2 periods of 3 years‟ stay) and then apply for settlement. Or, at a time of their choosing, they can leave the United Kingdom and apply for entry clearance from abroad.
You can send the letter recd from Home Office. Alternatively, you can request for SAR against a payment of £10 which should have all your records in place. I shall warn you that this SAR can take anything between 40 days to few months. So, the sooner the better.pretzel12 wrote:I don't have the copy of the previous biometric card, but I have its number and the letter from Home Office with that number on it. When I apply in August for ILR, will I need to supply Home Office with the copy of the card? I am asking because all my previous visas are in my passport except of course the biometric card info which covers my stay between 2009 and 2011. If yes, how do I go about this?