My Wife's ILR Query.

[Ets]

Hi Everyone,
I need some info on my wife's situation. I will explain her situation in details so it will be easier for you to advice me.
Date Entered UK : March 2008 as IGS Dependant Visa holder (Entry Clearance )
Extended Visa with me as PSW Dependant at the end of 2008
Extended Visa with me as Tier 1 Hsmp (Dependant) in July 2009- July 2012
I applied ILR under 10 Yrs Rule in March 2012 and got the Ilr approved on 1st Nov 2012
Applied SET(M) for my wife on 30-Jun-2012.
UKBA was updated about my status and I applied for my 2 kids Naturalisation as they were born in UK.
UKBA asked for Co-habitation docs and my Passport & BRP in February 2013, so we sent all those docs and also my kids Naturalisation as well.
They refused her case in March 2013, we made an appeal and the hearing was in August 2013 which was cancelled and rescheduled for 3rd January 2014. I had a 3rd baby in May 2013 and applied for her British Passport and we sent all this updated information to the tribunal about my 3 kids being British Passport holders and Iam on ILR. UKBA withdrew the case and the tribunal sent a fax mentioning that UKBA has withdrawn the appeal and they will review the case.
UKBA on 23rd Jan 2014 has approved her 30 months Visa as Spouse VIsa until 2016 and sent the BRP.

Now i have couple of Questions If the experts here can put some light on them it will be helpful to us.
1. Can we ask UKBA to review the decision and grant her ILR as she has already spend time in UK as my spouse on IGS-PSW-Tier 1 Gen. And also she was granted her entry clearance way prior to 9th July 2012 changes & fullfilled the ILR requirements when she applied through SET(M). We have also not made any further application on FLR(M) as well during this period from June 2012- Jan 2014.
2. What will happen to her time she spent as a PBS dependant in UK if she is asked to again spent 5 yrs in UK now.
3. Can she apply directly ILR once she has done her Life in UK and meets the english requirement.

We would be very thankful to you all if you provide us with your valuable advice so we can plan accordingly as per the rules.

Many Thanks

[CR001]

When you applied for ILR under 10 years long residency, you should have applied for FLR(M) for your wife and not SET(M)

http://www.immigrationboards.com/immigr ... 43881.html

[Amber]

It appears that you have been granted FLR(M) for 2.5 years under the new rules, however, it could also be family life leave as that is also 2.5 years. You should check what the letter states. In either case you need to ask them to reconsider and grant the leave under Part 8 of the immigration rules not Annex FM.

[Ets]

Thanks for your replies
On the letter it says Variation of Leave, I will exactly write down what has been mentioned in the letter.
'' You applied for ILR as a spouse of a person present and settled but your application has been refused.
Whilst your application has been refused under paragraph 287(a)(i)(d) your application has been re considered
in light of your current circumstances and it is accepted that you now meet the requirements of Paragraph EX.1 of
Appendix FM.
So please let me know what does that mean and what can be done for them to look into the review or will she be able to
apply ILR once she has done her Life in UK & English requirements as she has already spent her time in UK as PBS dependant.

Your suggestions will be much appreciated.

Many Thanks

[Amber]

Oh dear that's private life leave and a 10 year route to settlement. Although she'll be able to settle in 2018 under long residence. Ask them to reconsider and change the leave to FLR(M) under part 8 of the immigration rules as you had PBS dep leave before July 2012. You'll need to complete FLR(M) and show A1 English. It's worth a try.

[Ets]

Hi Amber,
I did some research on the issue that we are facing regarding the leave that has been granted to my wife under EX1 & Appendix FM. I was going through some immigration rules which says ILR under this route can be attained through 2 yrs transitional arrangement route , 5&10 yrs route. Can you please tell me will my wife be able to apply under 2yr rule as her application was made before 09 July 2012, as she had already spent 6 yrs as my spouse under PBS and spouse of a settled person from Nov 2012. I will be applying for a review in few days time as i do have my citizenship ceromony and will apply for review as soon as that is done, and if you do not mind can you guide me with any template for review to change the decision to FLR(M) as you advised me in your previous post.
If she is unable to get into the 2ys transitional route arrangement will she be able to apply under 5 yrs or i have to go for 10 yrs long residence route for her, Pls advice what you think is the best for her.

Many Thanks

[Amber]

No. Like I said previously private/family life is a 10 year route to settlement.

[Ets]

Hello Amber & other Guru's
My wife's visa will be expiring in July 2016 as she was given limited leave of 2.5 yrs once HO withdrawn the appeal. Here is what was on the letter received from HO Notice of Decision Immigration Act 1971 Variation of Leave received on 23/01/2014
'' You applied for ILR as a spouse of a person present and settled but your application has been refused. Whilst your application has been refused under paragraph 287(a)(i)(d) your application has been re-considered in light of your current circumstances and it is accepted that you now meet the requirements of Paragraph EX.1 of Appendix FM. & i just wanted to ask few Questions regarding it.
All your help & advice will be much appreciated.
1. Do we need to show the financial requirement of £18600
2. Whats will be the English requirment A1 or B1.

Many Thanks

[vinny]

Didn't you try Amber's suggestion? If they had agreed to it, then she may have immediately qualified for SET(M), subject to KOLL, after a grant of FLR(M), under Part 8.

[Obie]

The wife should have qualified for settlement a long time ago. Because of the time the application was made, 284 was in operation and he could argue that the Home office acted unfairly in dealing with the case under appendix FM.

[Ets]

Thanks Obie & vinny
Yes i did try what Amber suggested but they didn't consider it. We did a PAP appeal that was not replied back by HO and my solicitor did file a JR Written was not accepted and then we were asked to go for Oral hearing for JR which my solicitor suggested. But bcos of this appeals, PAP & Paper based JR had made us spent enough money we did'nt go for it.
Hence we just decided we will go for an extensions in July in 2016 & she will Qualify under 10 yrs route in 2018 March.
If you can let me know about the requirements that will be helpful for us to prepare her application.
1. Do we need to show the financial requirement of £18600
2. Whats will be the English requirment A1 or B1.

Many Thanks

[Obie]

You did not need to, but probably because of the mess that was made to your case, you will need to now .

Your case was very straightforward , shocking that it failed.

You will need A1 and evidence that the financial requirement is met.

[Ets]

Hi, Guru's
As we are approaching my Wife's extension in July, i have few Questions to ask the experts who can help us with our Queries. All your advice and suggestion will be appreciated.

I will list my Questions as follows
1. What application do we use for extension
FLR(M) or FLR(FP)
2. As she had already had her Trinity A1 level done in her earlier application, does she needs a new A1 or B1 as English requirement
3. Are we required to show any Financial Requirement of £18600.
4. Can we apply for her ILR if one of my Child is more than 7yrs old born in UK, if she Pass her Life in UK test.
5. Can we go for Same day service with both Flr & SET application forms and ask the case worker for consideration, will it work as it has happened in the past at the PEO applications.

Your help and Advice will be much appreciated. Need your guidance on this delicate matter of our family life as the rules keep on changing regularly now and then.

Many Thanks

[Ets]

Hello Experts & Guru's
Iam sorry to bother you all with my Queries & Questions, can someone please respond to me. As this will help us plan for the upcoming Visa Expiry in July.

Thank in Advance

[Ets]

Didn't you try Amber's suggestion? If they had agreed to it, then she may have immediately qualified for SET(M), subject to KOLL, after a grant of FLR(M), under Part 8.

Hi, During the extension for Flr(FP) in July 2016 my wife got her B1 with Trinity and we sent that along with other documents. My Question to all Guru's is can we again use the same B1 certificate which she got in June 2016 from Trinity. Please let us know whether the same certificate can be used or she has do again do the B1 exam while applying for her ILR based on 10yrs Long Residency.

Many Thanks

[Ets]

Didn't you try Amber's suggestion? If they had agreed to it, then she may have immediately qualified for SET(M), subject to KOLL, after a grant of FLR(M), under Part 8.

Hi, During the extension for Flr(FP) in July 2016 my wife got her B1 with Trinity and we sent that along with other documents. My Question to all Guru's is can we again use the same B1 certificate which she got in June 2016 from Trinity. Please let us know whether the same certificate can be used or she has do again do the B1 exam while applying for her ILR based on 10yrs Long Residency.

Many Thanks

Hi All Guru's

Is my wife eligible to apply for ILR under Long Residency as she was on Flr(FP) route. She entered UK in March 2008.Your suggestions and advice will be helpful in preparing for her ILR application.

If you have any questions Pls feel free to ask me so we don't end up in another refusal.

Many Thanks

[CR001]

Oh dear that's private life leave and a 10 year route to settlement. Although she'll be able to settle in 2018 under long residence. Ask them to reconsider and change the leave to FLR(M) under part 8 of the immigration rules as you had PBS dep leave before July 2012. You'll need to complete FLR(M) and show A1 English. It's worth a try.

Your long residence was answered originally by Amber a couple of years ago!!

She could have applied in March already.