Immigrationboards.com

Could somebody explain me this please?

Does that mean my wife who joined me in 2009 as a tier 4 dependent will have to wait another 5 years
after i get ILR next year on long residency basis?

''Corrections are being made to enforce the intention that only dependants of
individuals who qualified for settlement under the Points-Based System can
apply for settlement as dependants of Points-Based System Migrants.
Previously the Immigration Rules allowed dependents of those who qualified
for settlement on the basis of long residence to also apply. The change will
mean such dependants will need to apply for leave to remain under the rules
for family members in Appendix FM before they can qualify for settlement''

Source: page 9 para 7.11
https://www.gov.uk/government/uploads/s ... ssible.pdf

Unfortunately so.

vinny wrote:Unfortunately so.

Then how about the transitioal arrangements they
announced for pre 09-07-2012 applicants.

I think period would be 2 years if dependent enter before 09-07-2012.


Plz correct me if i am wrong.

Yes you are right if the dependent came in uk before 2012 then their. Requirement is 2 years here is the ho mail explaining this


FamilyOpsPolicy@homeoffice.gsi.gov.uk


Dear Sir/Madam,

Thank you for your email, I apologise for the delay in responding.

1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).

2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. A spouse 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:
http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.

4. A spouse 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).

I trust this clarifies the situation.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

From:
Sent: 14 December 2013 20:31
To: Settlement Ops Policy Mailbox; Public Enquiries (CD)
Subject: ILR QUERY

Dear Home Office,

Could you please help and advice me,

my spouse (the Main applicant) got ILR on the basis of ten years long residency and I had a Tier 1 dependent (PSW) status up till end of FEB, 2014 .I got tier 1 migrant dependent visa(as written on approval letter) on 27 feb 2012.Now
My questions are,

1- Do I need to show (18,600) income threshold for FLR (M) visa as I came very first time as student dependent in UK in SEP 2006 and then convert to tier 1 dependent on 27 feb 2012 ?

2- After switching to FLR (M), can I apply for ILR immediately as I already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.

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SSWSZ wrote:Yes you are right if the dependent came in uk before 2012 then their. Requirement is 2 years here is the ho mail explaining this


FamilyOpsPolicy@homeoffice.gsi.gov.uk


Dear Sir/Madam,

Thank you for your email, I apologise for the delay in responding.

1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).

2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. A spouse 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:
http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.

4. A spouse 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).

I trust this clarifies the situation.

Kind Regards,

Karen.

Karen Joynt | Family Migration Operational Policy | Immigration and Border Policy Directorate | Home Office

From:
Sent: 14 December 2013 20:31
To: Settlement Ops Policy Mailbox; Public Enquiries (CD)
Subject: ILR QUERY

Dear Home Office,

Could you please help and advice me,

my spouse (the Main applicant) got ILR on the basis of ten years long residency and I had a Tier 1 dependent (PSW) status up till end of FEB, 2014 .I got tier 1 migrant dependent visa(as written on approval letter) on 27 feb 2012.Now
My questions are,

1- Do I need to show (18,600) income threshold for FLR (M) visa as I came very first time as student dependent in UK in SEP 2006 and then convert to tier 1 dependent on 27 feb 2012 ?

2- After switching to FLR (M), can I apply for ILR immediately as I already had spent two years as a dependent? And will the years spent on PBS dependent (Student and PSW) granted entry clearance on prior to July 2012 rules count towards the qualifying period?

3- Could you please mention the immigration rules to substantiate your reply?

Thanking you in advance.

This email was received from the INTERNET and scanned by the Government Secure Intranet anti-virus service supplied by Vodafone in partnership with Symantec. (CCTM Certificate Number 2009/09/0052.) In case of problems, please call your organisation's IT Helpdesk.
Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.
**********************************************************************
This email and any files transmitted with it are private and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please return it to the address
it came from telling them it is not for you and then delete it from your system.
This email message has been swept for computer viruses.

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The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Vodafone in partnership with Symantec. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free.
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Are you sure that dependants of PBS main migrant who are now settled in the uk on the basis of 10 year long residency can claim the 2 year period they have spend under dependent of a PBS migrant?

If yes then what they have changed in statement of intent published on 13 March 2014.

Can somebody please once again clarifies this?

In both cases we assume that dependent has joined the main PBS applicant before 09 July 2012

1. How long does a dependent need to spend under spouse of settle person category before applying settlement?

2. Can a dependent claim their time spend under PBS dependent route to gain settlment

I have no idea about publication on 13 march but this is the mail from home office and only due to this mail I got my ILR in Croydon peo.

I am applying ILR on the basis on long residence in Aug 2014 , my wife is PBS dependent on me since Nov 2010; first Tier 4 Dep and later on switched to Tier 1 (PSW) dependent. Now in the light of new changes what options does my wife has getting ILR. Is that same like first FLR (M) and then Set (M)?

I am trying to find this publication but didn't get it on ho site plz someone explain me how can I find that

SSWSZ wrote:I am trying to find this publication but didn't get it on ho site plz someone explain me how can I find that

Check the link thread starter posted in first post.

Yes I open this link but not find the wording can u plz give me the exact page number and paragh as there is no para

Did you try my link in the second post?

Yes I did and understand it well but one of my friend who I forward this all conver asking for exact wording in publication as he want to be sure .he has to apply for his wife .thats why I am asking that in ho site and publication at what page it's written about long residence dependents .i appreciate your help thanks

SSWSZ wrote:Yes I did and understand it well but one of my friend who I forward this all conver asking for exact wording in publication as he want to be sure .he has to apply for his wife .thats why I am asking that in ho site and publication at what page it's written about long residence dependents .i appreciate your help thanks

Scroll down to the bottom of the file and check for heading ''Explanatory Memorandum''. Under this heading scroll to page 9 and check 7.11 ( changes relating to family members of PBS migrants)

Thank you so much

hello

I am new to this forum.

My husband came to the UK in Sep 2004 and got his ILR (10 year route) a week ago. I joined him in Aug 2006. Here is his visa history:

- 5 years student
-3 years dependent ( I was a student at that time)
- 2 year PSW (before July 2012 and I was his dependent for 2 years)

Now I am going to apply for the extension of my visa but I am so confused with the changes (March 2014 as mentioned in the previous posts). I don't know whether I have to fill out FLR(M) or FLR(FP) (5 year route) or am I eligible for SET(M) at all.

I would be thankful if someone can advise me in this regard.