FLR M new rules April 2014

[shiju31]

Until today, i had made up my mind that i will be applying FLR M for my wife visa instead of PBS dependant which will be expiring on May 2014. I recently had my ILR done last month from Tier 1 General 5 year route, but with new rules adding up, i am left to scratch my head and read again and again the fine reading of the rules from FLR M.

Main Application : Visa Start Date - April 2009
ILR Date - March 2014

PBS Dependant (Tier 1 General) Start Date - August 2013
PBS Dependant Expiry - May 2014

As she came recently, FLR M would have been best as she just had 10 months in this country, so resetting to 5 year route was less hassle and less costly. However with the new rule adding up in part 8 on 6th April 2014, i am in confused that whether new rule affects my decision for going ahead with FLR?

"Page 10 wrote:
284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant;"



Would be great, if someone clear my understanding, that whether this additional clause is stopping my wife to extend her visa on FLR M route?

[Amber]

She may stick as a PBS dep as to avoid the settlement time being reset. The amended rule relates to Part 8 of the rules which does not apply to your dep who would fall under Appendix FM if she were to switch to FLR(M).

[shiju31]

well. that sounds good if that rule doesn't apply for her on FLR M. Only reason for me to prefer FLR M cause she is just here for 10 months. Even if it is reset that would extend only 10 months of stay. FLR M cost less so thought about going ahead with FLR M.

Anyway, thanks Amber, however, can you please guide me which point in part 8 clarifies this. FLR M form clearly mentions in their guidance notes to meet the requirements in Part 8

2 QUALIFYING FOR AN EXTENSION OF STAY
To qualify for an extension of stay in the categories for which you have to use form FLR(M), you must meet the relevant requirements in Part 8 Section 1 of the Immigration Rules, which are on our website.

.

[die_hard]

Hi shiju31/Amber,

If you have already got your ILR, the only way you can extend your wife's visa is through FLR(M) ? You can't extend it as a PBS dependent as you yourself on ILR but not on PBS/Tier1.

well. that sounds good if that rule doesn't apply for her on FLR M. Only reason for me to prefer FLR M cause she is just here for 10 months. Even if it is reset that would extend only 10 months of stay. FLR M cost less so thought about going ahead with FLR M.

Anyway, thanks Amber, however, can you please guide me which point in part 8 clarifies this. FLR M form clearly mentions in their guidance notes to meet the requirements in Part 8

2 QUALIFYING FOR AN EXTENSION OF STAY
To qualify for an extension of stay in the categories for which you have to use form FLR(M), you must meet the relevant requirements in Part 8 Section 1 of the Immigration Rules, which are on our website.

.

[Amber]

That's incorrect die_hard. If the main applicant was settled as a PBS applicant his/her dep can extend as a PBS dep, even after the main applicant is granted ILR, assuming they had PBS dep leave prior to the main applicant settling.

[die_hard]

Hi Amber,

Thanks for clearing this.

What would apply to my situation ?

My wife joined me as PSW dependent in July 2011. In Sept 2011, I changed to Tier 2 and wife also changed to Tier 2 dependent with me from Sept 2011. I qualify and would be applying for ILR through long residence i.e. SET(LR) in August 2014. I would have to apply for FLR(M) for my wife in Sept 2014 as her leave ends at that time. Please let me know if I have any other option other than FLR(M).

So according to new rules, once she gets FLR(M) when is she elgigile to apply for ILR through SET(M) ? Is it immediately after getting FLR(M), or after 2/5 years of getting FLR(M) ?

That's incorrect die_hard. If the main applicant was settled as a PBS applicant his/her dep can extend as a PBS dep, even after the main applicant is granted ILR, assuming they had PBS dep leave prior to the main applicant settling.

[Amber]

I'm afraid deps of long residence must switch to FLR(M) which will be a 5 year route to settlement with Financial and A1 English requirements, unless they qualify under any other leave.

[ASHA607]

Hi Amber_, You are really so helpful in this forum. I'm a silent reader on this forum. I was absolutely following you and vinny's all posts and suddenly due the rule changed I became so confused and totally lost now what to do please help.

I first got my tier 1 on 05th of may 2010 and applied before 6th April 2010. I got my 2nd extension on 14th of May 2013 and will expire on 14/05/2015. ON 16th of JUNE 2013 my wife got the Tier1 dependent. She came to UK on 6th September, 2013. Her visa is till 14th of may 2015. Could you please guide me to the following:

1. I will apply for my ILR in the same day service with my wife before 28th days of 14/05/2015
2. what visa shall I apply for my wife now. Is the SET (O) form is enough for us or shall I have to fill the different application for her as well.
3. please recommend me the best options to apply for me and for my wife so that she also can get her settlement done without any hassle after that. It would be highly appreciated.

Many thanks in advance

[Amber]

If you are applying for ILR as a PBS applicant and not SET(LR), your spouse can continue to extend as a PBS dep until such times as she satisfies 5 years (not 2 as she was granted PBS dep leave after July 2012).

[ASHA607]

Hi Amber, Thanks a million mate. You are truly a star. I was really confused due to new rules. Could you please clarify me the following is correct way or not as this is what I understod by going through all your post in different thread as well.

1. I will apply for my ILR as PBS applicant by the form SET (O) with PEO appointment service and also apply for my wife extention at the same time (together) as you mentioned as a continous PBS dependent.

2. documents will be SET (O) form and PBS exention form with the following attachments:
Passports, Biomatric card, My tier 1 extention letter from HO which indicates the points, Life in the UK test result, P60 form, 12 months bank statement showing the salary and maintenence funds, employer letters, cohabitation proof.

ONE MORE QUESTION IS DOES MY WIFE NEED TO SHOW THE ENGLISH LANGUAGE SCORE FOR PBS EXTENTION???

AGAIN MANY MANY THANKS FROM ME AND MY WIFE. YOU ARE SO HELPFUL FROM WHICH MANY PEOPLE BENEFITS THROUGH THIS FORUM AND ITS JUST GREAT. PROUD OF YOU MATE.

[Amber]

No, there is no English requirement for a PBS dep extension.

[ASHA607]

Brilliant mate. thanks a ton. will keep read your posts in this forom in all the thread so that I do not make any mistke for my ILR success. It's just make our life easier and you are a life saver.

[allwell46]

Hi amber

Dont u think her wife came before july 2012 as psw dependant, so covered under transitional arrangements. So she just have to switch to flr m and then straight to set m and she does not need to spend 5 years as she is already here since 2011 also no financial requirements but just maintenance.

Please clarify.

I'm afraid deps of long residence must switch to FLR(M) which will be a 5 year route to settlement with Financial and A1 English requirements, unless they qualify under any other leave.

[Amber]

No, I'm afraid not, PBS deps who switch after 6 April 2014, cannot fall under the 'old rules'.

[allwell46]

Hi amber

Can you please provide me any reference from immigration rules about
1. 5 years qualifying criteria for ilr after 6 apr 2014
2. Financial requirements

Specifically applying to the case we are talking about.

No, I'm afraid not, PBS deps who switch after 6 April 2014, cannot fall under the 'old rules'.

[Amber]

Read the rules e.g:

The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:

(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:

(a) The leave was given in accordance with any of the provisions of these Rules;
and

(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and

(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant; and

Therefore, leave would be under Appendix FM and the Financial Requirement as per Annex FM 1.7 (click) would apply.

[nillash]

Hi Amber,

Your replies are clear and specific, thanks.
I would like to ask you something that is relevant to this forum but most of the applicant have not thought about.
My first question is :
* If the main applicant gets the ILR through Tier 1 route before the end of next april (April 2015) and the dependent has Tier 1 dependent visa is valid until June 2015, can the dependent still apply for extension under PBS dependent after April 2015 when the extension is stopped for ILR?

My Second question is
* If the PBS extension is allowed after April 2015 based on the situation that the main applicant got the ILR through tier 1 point based system and the five year period completes in June 2018 (After ILR for tier 1 category is stopped), Will the PBS tier1 dependent qualify for settlement in June 2018 (When the rules change for ILR Tier 1)?

[Amber]

Where the main applicant/sponsor if granted ILR as a PBS application (5 year route), the PBS dep may continue as a PBS dep until they satisfy the required 2/5 year period. If the PBS dep was granted initial leave after July 2012, they would need to satisfy 5 years.

[saboo]

Hi Amber- with regard to transitional arrangement-
I got PBS DEP visa on 15 June 2008- entered country on 11 Jan 2009- swapped to own Tier 2 on nov 2011
Wonder if I can apply on old rules for flr m once my spouse gets ILR.
Thought that there was some rule about being PBS dependent for more than 2 years before July 2012 which would mean the old 2 year rule still applies-
Please clarify

[Amber]

I'm afraid not.

[Raj5]

No, I'm afraid not, PBS deps who switch after 6 April 2014, cannot fall under the 'old rules'.

Amber what would you say about if someone is on a spouse visa,granted under old rule pre july 2012, and is seeking extension now, does he need to satisfy English requirement again also the financial requirement under the new rules(there were no financial requirements under the old rules when he got the spouse visa)?

[Amber]

Those who are under Part 8 (the 'old rules) already will remain on such.

[abhiyutesh]

Hi Amber

I have been going though the thread and there is a lot of useful information there. You are doing a great job in this forum. Thanks a lot for helping us. I just have one question. My wife came to UK on 22-Feb-2013 based on the tier1 dependent PBS visa given to her in Dec-2012. Her visa is expiring on 02-Aug-2015. That means she would have spent roughtly 2.5 years in UK already. During this period, I have aquired British Citizenship. Can you please suggest if she can apply for extension as Tier 1 dependent on PBS system or does she need to switch to FLR(M)? My only worry is that switching to FLR(M) would cause her to wait for another 5 years to get ILR. Can you please suggest the best way forward.

Thanks a lot for your help in advance.