msmussaf wrote:maaan143 wrote:vinny wrote:Have you looked at the links that I have been giving above?
Yes vinny, i have looked that, but its not clear .
We all want to know that if we apply before 06 april and get FLR(M) after then do we need to wait 2 years, 5 years or can apply SET(M) straightway?
if we will wait for 5 years for Settlement then what will be difference if we apply before 06 april or after 6 april?
Many thanks for giving us time.
Very Good Question maaan143. Please Experts and gurus pay attention to this question.
thanks
hi I send an email got this response from home office,
Dear Sir,
Thank you for your further email.
As outlined in our previous email, on 6 April 2014 there will be a change to the Immigration Rules that will mean PBS dependants who are applying to ‘switch’ into the Partner of a Settled Person route will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM. This change will apply to all applications made on or after 6 April 2014.
However, those who make an application to switch into the spouse of a settled person category before 6 April 2014, and who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, can be considered under the transitional Part 8 rules for further leave to remain under Paragraph 284. A person meeting these rules would be granted 2 years further leave to remain.
Those who are granted under Part 8 can combine any leave as a PBS dependant, with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:
https://www.gov.uk/remain-in-uk-family
A person meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).
Our website will be modified on 6 April 2014 to reflect the changes in the Immigration Rules relating to PBS dependants that come into effect on that date.
Kind Regards,
Karen.
Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office