PBS dependants switching to family route - New rules

as mentioned in statement of intent "applying for leave to enter or remain in
the UK on the basis of their family relationship with a British citizen or a person settled in the UK".
Will it affect dependents of tier 1 general migrant as well??

Many Thanks

yes - will be applicable to the partner of a migrant under the Points Based System

patelscope wrote:as mentioned in statement of intent "applying for leave to enter or remain in
the UK on the basis of their family relationship with a British citizen or a person settled in the UK".
Will it affect dependents of tier 1 general migrant as well??

Many Thanks

ban.s wrote:yes - will be applicable to the partner of a migrant under the Points Based System

Partners of PBS migrants will be affected only to the extent that they will be subject to 5 year probationary period for settlement. There are no other changes to entry clearance requirements for dependants of PBS migrants.

patelscope, for further queries regarding PBS dependants, post your query in the appropriate and relevant PBS forum.

sushdmehta wrote:The changes will not be applied retrospectively other than that anyone applying for settlement from October 2013 must demonstrate English language proficiency at B1 level (listening and speaking) and pass the Life in the UK test to be eligible for settlement.

In other words, this new B1 English language proficiency and Life in the UK test requirement will apply to those who apply for leave to enter or remain before 09-July and also to those who are currently in the UK under family route, and will be applying for settlement on / after October 2013.


The appendices provide a simple to understand and concise summary of the changes and transitional arrangements.

thanks for the concise post ..
Hope the combination of PBS(dependent) + FLR adding upto to 2 years is still valid for applying for settlement? (for already in the UK spouses)

Appendix E Transitional Arrangement (page 69) states that if Before 9 July 2012 you were granted entry clearance, leave to enter or leave to remain as the partner of a migrant under the Points
Based System, or you have applied for this
and are awaiting a decision.

" The immigration rules in force before 9 July 2012 will still apply you from 9 July 2012.
From October 2013 you will need to pass the
Life in the UK test and a B1 level English
speaking and listening qualification to qualify
for settlement."

I beleive in this case, the spouses of PBS Tier 1 migrant who already have leave to remain in UK wont be affected by this change?

I would be grateful if someone is in a position to give their opinion/understanding of the following matter.

I will be applying for 10 yr ILR in January 2013. However, my wife who has been on dependant visa for six years will not have qualified for 10 yr ILR in her own right. To that end, I will need to apply for her and our two children (both born in UK) Further Leave to Remain after my 10 ILR is granted (say in May/June 2013).

With the changes to be phased in in July 2012, does it mean that my wife and my kids will need 5 years instead of 2 years before they are elligible for ILR in order to pass what they are referring to genuiness test?

Your views/opinion will be greatly appreciated.

EllyM

"Hope the combination of PBS(dependent) + FLR adding upto to 2 years is still valid for applying for settlement? (for already in the UK spouses)"

I think it is still the case? also does PBS(dependent) include PSW? My wife is in the UK as dependent since 2008, initially student dep and later 2 years on PSW dependent, following Tier 1 (Gen) dep for 1 1/2 yrs and recently changed to spouse visa under FLR(M), can she apply for settlement under new rules? can someone please help

many thanks

Hello,

I am in ILR from Sep 2011 and my wife was granted FLR in December 2011 and her FLR expires on 2013 Dec.

As per the previous rule she was eligible to apply for ILR in Decemeber 2013.

But would it mean that she has to extend her FLR for another 3 years to get the ILR as she will be applying for ILR after July 9th 2012?

She was in the UK for more than a year in Tier 1 dependent visa before changing to FLR, because I became an ILR holder on September 2011.

Will that one year (in Tier 1 dependent) be taken into consideration as well?

Thanks,

coolrock wrote:Hello,

I am in ILR from Sep 2011 and my wife was granted FLR in December 2011 and her FLR expires on 2013 Dec.

As per the previous rule she was eligible to apply for ILR in Decemeber 2013.

But would it mean that she has to extend her FLR for another 3 years to get the ILR as she will be applying for ILR after July 9th 2012?
She was in the UK for more than a year in Tier 1 dependent visa before changing to FLR, because I became an ILR holder on September 2011.

Will that one year (in Tier 1 dependent) be taken into consideration as well?

Thanks,

No. See para 132 - transitional arrangements

Hi,

I have been married to my husband for 6 years now and I have been in UK on WP + T2 (ICT) + T1 (Dep). Leave as T1 Dependant starting in July 2010. We have to go for another extention at the end of this year which means I will be covered by the new rules when I apply for ILR. The question is will I be eligible for ILR in Aug 2013?

Basically, should I have spent 60 months in the UK as a dependant or is it alright to have been married and living together but not on a Dependant visa for the first couple of years?

Guys,

Please answer my question, I have asked it before but gained no response hence it would be really beneficial to get a response please.

I will be applying for my ILR after 9th July on the basis of Tier 1 General and as I a married since Feb this year therefore my wife should not be eligible to apply with me. Hence, should my wife needs to wait 5 years to get the ILR or after my ILR she can get the FLR and after two year period she will be able to apply for ILR.

Please please respond to the above sooner than later as this is really critical to get answered.

Thanks

umeruzair wrote:Guys,

Please answer my question, I have asked it before but gained no response hence it would be really beneficial to get a response please.

I will be applying for my ILR after 9th July on the basis of Tier 1 General and as I a married since Feb this year therefore my wife should not be eligible to apply with me. Hence, should my wife needs to wait 5 years to get the ILR or after my ILR she can get the FLR and after two year period she will be able to apply for ILR.

Please please respond to the above sooner than later as this is really critical to get answered.

Thanks

the question has already been asked by others and answered in this thread. please read the section on transitional arrangements in the statement of intent.

sojan, Ellym, Ram_R, coolrock, hsmp1412 - Read Appendix E, row 11.
umeruzair - If your had applied / will apply for leave as PBS dependant before 09-Jul-12, you should also read Appendix E, row 11. Else, read Appendix E, row 12.

Anyone else wishing to seek answers about effect of the new changes to existing or yet-to-become PBS dependants should refer to the linked document, as specified above. The statements in the linked document, at the location specified, are self-explanatory.

sushdmehta wrote:sojan, Ellym, Ram_R, coolrock, hsmp1412 - Read Appendix E, row 11.
umeruzair - If your had applied / will apply for leave as PBS dependant before 09-Jul-12, you should also read Appendix E, row 11. Else, read Appendix E, row 12.

Anyone else wishing to seek answers about effect of the new changes to existing or yet-to-become PBS dependants should refer to the linked document, as specified above. The statements in the linked document, at the location specified, are self-explanatory.

Thanks Sushdmehta. I just got cofused because of Row 12 in the same document. I assume now that in row 12 when they refer to "leave to remain" it is only for "new" leave to remain like changing from, say, T2 Dep to T1 Dep and so on. Is that right?

Greenie wrote:Just thought I would write a hopefully short post to answer the questions that many people have asked as to who the changes will apply to

Some key points about the changes.
6. All applicants, regardless of of when they applied for their leave, will be subject to the new English language/Life in UK test requirements if they apply for ILR after October 2013 (

Thanks for posting Q&A.

What's your take on dependents (spouse) taking alternative route to meet above requirement e.g. Degree taught in English and their degree is present on Point Based Calculator, like Tier 1 (General) applicant used to do.

rajesh9pl wrote:

Greenie wrote:Just thought I would write a hopefully short post to answer the questions that many people have asked as to who the changes will apply to

Some key points about the changes.
6. All applicants, regardless of of when they applied for their leave, will be subject to the new English language/Life in UK test requirements if they apply for ILR after October 2013 (

Thanks for posting Q&A.

What's your take on dependents (spouse) taking alternative route to meet above requirement e.g. Degree taught in English and their degree is present on Point Based Calculator, like Tier 1 (General) applicant used to do.

they haven't released details of the how the b1 language requirement will be met yet but would imagine they would continue to have prescribed tests as they do currently and to accept degrees taught in English but we will have to wait for further details to be announced.

Hi Greenie,

Thanks for such a helpful update. Can I ask your help to understand my case with these changes announced?

I am due to apply for ILR in next month (reschduling my appointment for Jul)

My wife and son (6yrs old) has been on dependant visa earlier WP and then Tier 1 and living with me since Dec-2007. So does this 5 year probabation period applies to my case if I apply after 09th July 2012?

My situation is

My first WP granted on 14-Jun-2007
Entered into UK on 28-Jul-2007
Wife and Son Joined : 05-Dec-2007
Got Tier 1 on 05-Aug-2008
Renewed Tier 1 valid till : 05-Aug-2013

Many Thanks in advance for your help.

Prem

Prem2012 wrote:Hi Greenie,

Thanks for such a helpful update. Can I ask your help to understand my case with these changes announced?

I am due to apply for ILR in next month (reschduling my appointment for Jul)

My wife and son (6yrs old) has been on dependant visa earlier WP and then Tier 1 and living with me since Dec-2007. So does this 5 year probabation period applies to my case if I apply after 09th July 2012?

My situation is

My first WP granted on 14-Jun-2007
Entered into UK on 28-Jul-2007
Wife and Son Joined : 05-Dec-2007
Got Tier 1 on 05-Aug-2008
Renewed Tier 1 valid till : 05-Aug-2013

Many Thanks in advance for your help.

Prem

See points 1 and 2 in this thread. changes to family immigration rules: who they affect