Settlement of Tier 1 (PSW) Dependants

[members]

Hello everyone,

Could someone, specially the senior and/or experienced members of the forum, please help me regarding the following:

Immigration Rules:

Long residency applicants cannot include dependants with their application. Therefore, the dependant will have to apply using FLR(M). The requirement for such application is set out in Paragraph 284(i)(b), which does not mention anything about Tier 1 (PSW) dependants. Regrading settlement of such dependants, Paragraph 287(a)(i)(d) says: if the dependant obtained extension using FLR (M) and complete two years as spouse of settled partner, s/he can apply for settlement. Note that the two years can be a combination of leave as a PBS Dependant and FLR(M) leave.

But, from 6 April 2013, the partner of a points based system migrant not on a route to settlement cannot switch into the partner route under paragraph 284 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement. Again, this only applies to Tier 4 and Tier 5 Dependants as these categories are prohibited under Paragraph 284, and Paragraph 284 does not say anything about Tier 1 (PSW) Dependants.

The Big Questions:

1. Is it because the PSW category does not exist anymore and UKBA did not feel the need to include this category even though it has not been a route to settlement?

2. Cannot Tier(4) and Tier(5) Dependants even extend their stay using FLR(M)? What will happen to them when their spouses become settled?

Your valuable thoughts are highly appreciated.

[vinny]

You have already seen and commented in the same topic started by Amber. Why start another thread on the same topic?