D4109125 wrote:I have just had confirmation that as the rules stand at the moment:
284 (b) the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-gender partner of a Relevant Points Based System Migrant (excluding a Tier 5 (Temporary Worker) other than a private servant in a diplomatic household who applied to enter the UK before 6 April 2012 or a Tier 4 (General) Student) and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and
Although Tier 1 (PSW) is not a route to settlement, the rules do not distinguish between any of the Tier 1 sub categories in considering FLR as the spouse of a relevant PBS migrant.
Partners of relevant points-based system migrants
319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.
Therefore, at the moment Part 8 and the amalgamation (flr(m) to set(m)) is available to those PBS dep where the PBS was not on a route to settlement. However, the change is intended to stop this but as of yet is not in place according to the settlement policy team.
If you require further assistance I suggest you seek legal advice.
Although it is always subject to UKBA changing its rules, you are a real life saver as you took the initiative to clarify the rules.
It perfectly makes sense what you says about the PSW route under Tier 1.
In any event, would you be kind enough to publish the actual reply that you received from the settlement policy team?
I am overwhelmed to know that UKBA is not yet pressing the rules; not even after the 6th of April 2013!
Many thanks and God bless you!