Guys why don't we understand one thing the current rule does not say student dependant are excluded so they have to count it by law and if they refuse court will eventually grant it as per as it is the law and HO are bound by that law.As people are taking the advantage of this law , they placed it before the parliament so that they can refuse after 6 April. This is very simple to understand and HO does lot of mistake like this and correct it subsequently . So whoever can apply before April they will be fine.smshad wrote:Hi,
Main applicant under the Long residence will not be impacted. Because long residence category ILR has nothing to do with the categories in which applicant has spent the time in the UK.adkh2_1 wrote:i am bit confused here.... i am main applicant i applied for ILR back in sep after spending 8 years on student and 2 years on psw... would this rule effect me or not ???smshad wrote:Hi,
Current rules in place do allow dependants to amalgamate their stay but not to all categories of Point based system.
I contacted UKBA last year and I was clearly told by the advisor that time spent as PSW, Fresh Talent etc. and students are not settlement route so time spent as main applicant or dependant of these categories does not count towards settlement. Advisor was 100% confident the way she asked me exact dates and categories in which my wife has lived in the UK.
Issue here is that current rules do not mention it clearly but this is the interpretation used by caseworkers which is correct because if time spent as PSW, Fresh Talent and student does not count towards ILR so how come time spent by these dependants will count towards ILR. This was the reason I contacted UKBA to clarify. I did not tell her my interpretation but she said exactly the same I was thinking.
Now this has been made clear in statement of changes which will take effect on 6th April, 2013.
I have noticed in past that some of us got different answers for same query from UKBA but we should note here that all PBS categories are not the same. When contacting UKBA we should mention exact category of PBS (Tier-1 General, Tier -1 PSW etc.)
I think everyone who could be impacted should read the rules themselves and then discuss in the forum because interpretation could be different.
Take care.
Shad
goodmann wrote:dipmm2000d, u quoted 'smshad' as saying "PSW (etc) and students are not settlement route so time spent as main applicant or dependant of these categories does not count towards settlement".
Pls confirm, is this true?
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