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Clarity Immigration Rule 319E

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Sana64
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Posts: 48
Joined: Wed Jun 19, 2013 7:33 pm

Clarity Immigration Rule 319E

Post by Sana64 » Thu Aug 25, 2016 6:01 pm

Dear friends:
Wife+2 Children eligible & applying for ILR on 14 Sep-2016 (under rules before 09 JUL 2012) on TIer-2 (Gen) 5year route.
Husband on PBS Partner (tier 2) issued after 09 Jul 2012 i.e 14-Aug-2012 so QP of 5 years completes on 14 Aug 2017. Holds valid leave as Tier 2 PBS dependent till 14-Sep-2017 i.e one month beyond the date of QP.
The below mentioned rules has been quoted on number of blogs including this one. Is this a valid and existing rule , can some one please comment:

Spouse / Partner
1. The dependant is subject to qualifying residential period to be eligible for settlement. For the duration of qualifying residential period and associated conditions that may apply, see Note below.

2. If the dependant has completed the relevant qualifying residential period at a time that the principal migrant applies for settlement and meets the other requirements then the dependant may be included in the principal migrant's settlement application.

3. If the dependant has not completed the qualified qualifying residential period at the time that the principal PBS migrant applies for settlement, then:
a) If the PBS dependant's current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (319E).

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