Long Residence and Points Based System Dependants:

[xtee]

Hi Dear,
Long Residence and Points Based System Dependants:
Please Note that I have read the immigration publications bellow but am still not too sure of most of its content as there are many references that were referred to.

3.4 Long Residence and Points Based System Dependants:
If the main relevant Points Based System (PBS) Migrant gains indefinite leave to remain on the basis of Long Residence any PBS dependant partner will not be able to extend their leave or gain settlement as a PBS dependant and will be required to switch into the partner of a settled person category and apply for limited leave.

Applicants who were granted leave to enter or remain as a PBS dependant before 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence can under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.

A280 (c):
(c) The following provisions of Part 8 continue to apply on or after 9 July 2012, and are not subject to any additional requirement listed in A280 (b).
(i) to persons who have made an application before 9 July 2012 under Part 8 which was not decided as at 9 July 2012; and
(ii) to applications made by persons in the UK who have been granted entry clearance or limited leave to enter or remain under Part 8 before 9 July 2012 and where this is a requirement of Part 8, this leave to enter or limited leave to remain is extant:

Transitional Arrangement
Transitional Provisions under Part 8 will apply through to indefinite leave to remain to those persons who were granted in one of the following categories (on the basis of an application submitted before 9 July 2012): spouse; civil partner; etc.
Transitional provisions are to allow a person already granted leave and living in the UK to continue their route to settlement.

My Question
My partner entered the UK with TIER 1 (GENERAL) PARTNER on [15 Sept 2011] while I was on Tier 1 (PSW) visa. Prior to its expiry, I switched to TIER 4 (GENERAL) VISA. The application was submitted with that of my Partner and Child born in the UK
On [02/04/2013] and my Partner was granted a PBS DEPENDANT leave to remain on [15/05/2013] which is still valid till [21/08/2014].

1. Can she apply via Transitional Arrangement so that the 10 year probationary period will not apply in her case and provisions of Part 8 continue to apply on in her case?
2. Even though she meets condition of Section R-LTRP (a), (b) and (d), what application form can she use if Part 8 continues to apply on in her case?
3. Even though the new rule does not permit her to apply for settlement at the same time as myself who is still awaiting decision on my settlement application, and considering how long we have leaved together as partners, can she apply for settlement using form FLR (M)?
4. Please just explain the best possible way to deal with her case to a shorter route to settlement.

Many Thanks,
Xtee

[Amber]

You're jumbling lots of irrelevant things together. 10 year periods, settlement on FLR(M)?

If you're applying to settle under SET(LR), your spouse will need to switch to FLR(M), this is a 5 year route to settlement with a Financial and A1 English requirement. Part 8 no longer applies I'm afraid. Your UK born child can register as British as soon as you're granted ILR: 1(3) BNA 1981.

[xtee]

Hi Amber,
Thank you for your reply, I appreciate.
You are right to say that I jumbled lots of irrelevant things together. Let me re-phrase my question.

Situation:
My partner entered the UK with TIER 1 (GENERAL) PARTNER on [15 Sept 2011] while I was on Tier 1 (PSW) visa. Prior to its expiry, I switched to TIER 4 (GENERAL) VISA. The application was submitted with that of my Partner and Child born in the UK
On [02/04/2013] and my Partner was granted a PBS DEPENDANT leave to remain on [15/05/2013] which is still valid till [21/08/2014].

I am currently awaiting decision on Indefinite Leave on Long Residency.

QUESTION 1
If I get my Indefinite Leave, can my partner apply for leave to remain based on the TRANSITIONAL ARRANGEMENTS, since my partner meets the requirement below?

If the main relevant Points Based System (PBS) Migrant gains indefinite leave to remain on the basis of Long Residence any PBS dependant partner will not be able to extend their leave or gain settlement as a PBS dependant and will be required to switch into the partner of a settled person category and apply for limited leave.

Applicants who were granted leave to enter or remain as a PBS dependant before 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence can under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.

Applicants who were granted leave to enter or remain as a PBS dependant after 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence will be required to apply to extend their leave as a partner under Appendix FM.

QUESTION 2
If TRANSITIONAL ARRANGEMENTS applies, how many years does she need for settlement? Or has she qualified for indefinite already?
Please note that she did not meet the Financial Requirement. And Section EX: Exception EX.1. applies.

Many Thanks
Xtee

[Amber]

Your spouse was granted leave as a PBS dep after July 2012 thus the transitional provisions wouldn't apply anyway.

If she fails to meet the Financial Requirement she will be refused FLR(M), assuming she may appeal within 10 days and ask the tribunal to consider Article 8 ECHR she may be granted leave to remain under FLR(FP) which would be a 10 years route to settlement.

[xtee]

Thank you Amber,

So does it mean that the TIER 1 (GENERAL) PARTNER initially granted her on [15 Sept 2011] while I was on Tier 1 (PSW) visa is not a PBS Dependant visa?
If your answer is NO, will she have any problem if after I get my ILR and while making her application "quote: Section Exemtion Ex.1" ? And will Ex.1 also cover accomodation & maintenance requirements?

Many Thanks Amber

[Amber]

Sorry I missed that, yes it was. However, for those who switch to FLR(M) from PBS dep after 6 April 2014, are subject to the 5 year route to settlement under Appendix FM.

To apply directly under Exception 1, the application would be FLR(FP) rather than FLR(M). FLR(FP) has no English or maintenance requirement. However, unless there are insurmountable obstacles to family life continuing outside the UK expect a refusal. Unless, you have a settled/British child or a child who's been here for 7 years. Thus, it's wise to get the child registered as British ASAP.

[xtee]

Thank you for your good response,
I narrowly missed that 6 April 2014 rule.
Could I have applied for her before that date, even though am still awaiting ILR decision?

Can you please advice me on the best possible option left on shorter route if not on application using form FLR(FP)?

Many Thanks

[Amber]

Yes you could of applied before but it's too late now.

There would be no quicker route, 5 years is the shortest, 10 being the longest, if successful.

[xtee]

Please I forget to ask the following as I didn't see all your response initially.

Since you have advised that it is wise to get my child registered as British ASAP.

I was waiting for my ILR to come back before I can apply for both (my wife's extension of leave) and (my child's British registration).

Since my wife's visa will expire after [21/08/2014] and because she cannot wait until my child,s British registration comes through because the case decision time frame is 6 months (her visa must have expired by then), and child being British is the only option left to avoid this (insurmountable obstacles to family life continuing outside the UK).

Question

Can I do this child registration while I am still waiting for the decision on my ILR application?
And if your answer is yes, do I explain to UKBA that I am still awaiting a decision?
Please explain.

Many Thanks.

[Amber]

No, once you have ILR register the child and British. Apply for your spouse's extension before her current leave expires and as soon as the child is British, send a copy of the registration certificate to support the extension application.

FLR(FP) as a parent of a British child needs to shows - it would not be reasonable to expect the child to leave the UK, this can be done more or less if the child would have to leave the EU.

[xtee]

Thank you very much Amber for all your response.

I will ask further question if there are any thing I need rectifying.

Many Thanks.
Xtee

[xtee]

Hi Amber,

Please can you kindly help me with the following question.

In filling application Form (FLR) FP as a parter
Section 7.20: Could you and your partner live together outside of the UK if necessary? If not please provide reasons and evidence to support your claim.

Please can you advice me on what to say on these section as it is a dodgy question.

Note: My child’s registration for British citizenship is still with UKBA

[Amber]

Explain why you can't live back in your country e.g. UK is your home and your life is here work etc... Explain that due to the child being British (soon) the child will not be leaving the UK thus nor can the parents. Obviously expand on those points.

[xtee]

Thank You very much Amber. I appreciates

[khawar6]

Hi,

I have few questions :-

I have been given ILR visa in April 2014. Before getting ILR i was on tier 1 general visa. My wife and my son joined me here in the UK in june 2010. Now we are living together since last 4 years.

Q - Would my wife and my son be eligible to apply for ILR or do they need to complete 5 years and switch to another category i.e FLR (M) ?
Q - I have told that my son would probably apply for naturalisation even though he did not born in the UK ?

Thanks in advance!

Regards,

Khawar

[john108]

Q - Would my wife and my son be eligible to apply for ILR or do they need to complete 5 years and switch to another category i.e FLR (M) ?
Q - I have told that my son would probably apply for naturalisation even though he did not born in the UK ?

Q1. Need to apply FLR(M) under new rule and its 5 years to get their ILR once their FLR(M) is issued.

Q2. Both the parents must have ILR, if your son(born outside of UK) to get naturalised.

It is really tough as we are all facing this problem.

Please go through this thread
http://www.immigrationboards.com/immigr ... l#p1033033

and sign this petition too
http://epetitions.direct.gov.uk/petitions/65556

Thank you

[Amber]

khawar6, were you granted leave as a PBS applicant or long residence?

[samu140]

You're jumbling lots of irrelevant things together. 10 year periods, settlement on FLR(M)?

If you're applying to settle under SET(LR), your spouse will need to switch to FLR(M), this is a 5 year route to settlement with a Financial and A1 English requirement. Part 8 no longer applies I'm afraid. Your UK born child can register as British as soon as you're granted ILR: 1(3) BNA 1981.

Thanks amber in advance you ate really helpful, as a explain in detail so it is easy to understand the case
I am appling under 10 years long stay But i am really confused abt my dependants . My dependant wife joined me in aug 2009 as psw dependant, in 2011 she get extention as a tier 4 dependant , after that applied as tier1 ent dependant but refused and still in court, so she come in 2009 and have no extention after 2011. Our current leaves are already expired and we are under 3c leave. She can not apply with me as set(lr) dependant , so which form she can use for her extention

[Amber]

If she has no valid leave and cannot leave the UK to apply for spouse leave, it'll have to be FLR(FP).

[samu140]

If she has no valid leave and cannot leave the UK to apply for spouse leave, it'll have to be FLR(FP).

Thanks , in case of flr(m) can I show part of cash saving in Pakistan , Can I say it is cash gift from parents ? It is in account more then 8 months , plz guide. Many thanks

[Obie]

If she has no valid leave and cannot leave the UK to apply for spouse leave, it'll have to be FLR(FP).

Thanks , in case of flr(m) can I show part of cash saving in Pakistan , Can I say it is cash gift from parents ? It is in account more then 8 months , plz guide. Many thanks

If it exceeds £16000 you could use it. Any amount exceeding 16000, could be taken into accounts once it has been divided by 2.5.

Even if you were to meet the financial requirement, she will still need to use FLR(FP), as the immigration status requirement would not have been met.

[samu140]

If she has no valid leave and cannot leave the UK to apply for spouse leave, it'll have to be FLR(FP).

Thanks , in case of flr(m) can I show part of cash saving in Pakistan , Can I say it is cash gift from parents ? It is in account more then 8 months , plz guide. Many thanks

If it exceeds £16000 you could use it. Any amount exceeding 16000, could be taken into accounts once it has been divided by 2.5.

Even if you were to meet the financial requirement, she will still need to use FLR(FP), as the immigration status requirement would not have been met.

Thanks you very much, we are not overstayer, actually my tier1 ent visa appeal is refused from FTT on 31 aug 2014, so we have 28 days to apply . I am applying under 10 years rout , and my dependant flrm . Is that ok, plz comment. Thanks

[samu140]

On 22 August 2009 I was granted leave to enter the United Kingdom as a dependant until 25/03.2011.
On 03 March 2011 I was granted leave to remain in the UK as a dependant until 28/02/2013.
On 12/12/2012 I made a dependant application for further leave to remain as a PBS dependant which was refused by secretary of state on 12/08/2013
Thereafter my leave is extended under the section 3C of immigration rules because an in time and in-country appeal has been made against the decision to First-tier Tribunal which was decided on 31/07/2014 followed by a further appeal to First-tier Tribunal for permission to appeal to the Upper-tier Tribunal. I am withdrawing the appeL because my husband is withdrawing too and appling set(lr).
Now i have to apply as a partner of settle person. I am so confused abt the new rules and application forms. Wether i come under transitional rules or not,
Which form should i use to apply ?
Experts please please help. Many thanks

[samu140]

On 22 August 2009 I was granted leave to enter the United Kingdom as a dependant until 25/03.2011.
On 03 March 2011 I was granted leave to remain in the UK as a dependant until 28/02/2013.
On 12/12/2012 I made a dependant application for further leave to remain as a PBS dependant which was refused by secretary of state on 12/08/2013
Thereafter my leave is extended under the section 3C of immigration rules because an in time and in-country appeal has been made against the decision to First-tier Tribunal which was decided on 31/07/2014 followed by a further appeal to First-tier Tribunal for permission to appeal to the Upper-tier Tribunal. I am withdrawing the appeL because my husband is withdrawing too and appling set(lr).
Now i have to apply as a partner of settle person. I am so confused abt the new rules and application forms. Wether i come under transitional rules or not,
Which form should i use to apply ?
Experts please please help. Many thanks

[Obie]

You are entitled to do that.

Are you currently working or meet the financial requirement.

If you are not she will have to rely on FLR(FP)