new Rule- 10 years dependent?

[Somudro]

I am going to apply for ILR on Sep, 2012 based on 10 years stay. I am now in t1(G). My wife is under T1(g) dependent visa for more than 2 years.

Does she (wife) need to apply using SET (M) or she can apply for ILR directly after my ILR using SET(O)?


5. For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:

- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
- If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements.

[Lucapooka]

But she is ineligible because of the long-residence exclusion for dependants rather than because she has not completed two years. I don't know if this new concession can be used in such cases.

[Somudro]

She is now in PBS dependent for more than 2 years.

[Lucapooka]

I know that because you stated it, but that's not my concern. The concession is scripted for dependants who can't qualify for ILR with the PBS migrant due to a shortfall in the two year period. That's not the reason why she does not qualify; she does not qualify because the ILR is coming in a different category to PBS migrant. It makes not mention of other allowances to include this.

[geriatrix]

Wait until 09-Jul for UKBA to advise which form is to be used by applicants under similar circumstances.

[Lucapooka]

I agree for the need to wait and see but here's my two cents.

5. For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:

The use of because you haven't completed your two year probationary period is a conditional clause and is giving the circumstance under which the concession applies.

Otherwise, a version that allows for the circumstance under discussion in this thread would not include that clause and would look like this:

5. For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant:

[Greenie]

can we just note that the OP's quote in red is actually my wording and not something I have quoted from the SOI or SOC directly.

I had assumed that SET(O) would be the form for PBS dependents to use to apply for ILR if they do not need to first apply on FLR(M) so in both scenarios (where they haven't completed two years when the main migrnant applies for ILR and also when the main migrant applies for ILR under the 10 year route), but of course I may be in correct. As stated by both Lucapooka and Sushdmehta we obviously do need to wait until after 9th July to know what forms should be used.

[JAGOO]

I am going to apply for ILR on Sep, 2012 based on 10 years stay. I am now in t1(G). My wife is under T1(g) dependent visa for more than 2 years.

Does she (wife) need to apply using SET (M) or she can apply for ILR directly after my ILR using SET(O)?


5. For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:

- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
- If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements.

1. I am in a similiar situation as you but i have ILR based on 10 years.
2. My wife is under Tier 4 dependent visa and she will complete 2 years in UK in August this year and still have a valid leave until October 2012.
3. I am also getting mixed answers as sum people say that as she will complete 2 years in August then she will apply for ILR and not FLR(M).
4. Sum say that she will need to switch to FLR(M) and then ILR.
5. I am also confused on who to believe and now waiting for the 9th July changes to see if the forms are updated and shed more light onto this issue.

[faz28]

I am going to apply for ILR on Sep, 2012 based on 10 years stay. I am now in t1(G). My wife is under T1(g) dependent visa for more than 2 years.

Does she (wife) need to apply using SET (M) or she can apply for ILR directly after my ILR using SET(O)?


5. For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:

- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
- If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements.

1. I am in a similiar situation as you but i have ILR based on 10 years.
2. My wife is under Tier 4 dependent visa and she will complete 2 years in UK in August this year and still have a valid leave until October 2012.
3. I am also getting mixed answers as sum people say that as she will complete 2 years in August then she will apply for ILR and not FLR(M).
4. Sum say that she will need to switch to FLR(M) and then ILR.
5. I am also confused on who to believe and now waiting for the 9th July changes to see if the forms are updated and shed more light onto this issue.

Yes I'm in the same boat. I don't understand what we should do?
And I have another question let's say we need to change from PBS (tier4) dependent to Flr(m) after 9th of July what rules will come for us old rules or new rules. I'm really confused, my husband is telling me to apply before 9th of July even though we know it will be refused under maintence & go for an appeal, I'm really confused.

[geriatrix]

Somudro,
As mentioned earlier, be patient - in your case, hopefully, it is just becoming aware which form to use. With the changes due, I am sure the SET forms will change and new forms specified nearer to 09-Jul. So, be patient.


JAGOO, faz28,

Note: There is an ambiguity (perhaps perceived) if this rule(s) include dependant of a PBS migrant in a category that does not lead to settlement (e.g. - Tier 1 (PSW), Tier 4). Clarification on the issue has been sought from UKBA.

If and when a response is received from UKBA, it should help us answer a related query, one raised in this topic - whether switch to FLR(M) will be necessary after 08-Jul.

So, in your case, options:
1. Be patient.
2. Consult a solicitor.

[faz28]

Just now spoke to home office regarding clarification on the PBS dependent 2 year rule whether PBS (tier 4) dependent come under it. And he said if PBS tier 4 dependent complete 2 years then they can apply for Ilr. I mentioned my situation and he said I can apply Ilr after I complete my 2 years.

Basically they say the new rules will apply for newcomers rather than in country applications.

[geriatrix]

Basically they say the new rules will apply for newcomers rather than in country applications.

Wrong!
Anyone applying to become a "dependant" for the very first time after 08-Jul-12 - whether from outside the UK or from within UK - will be subject to the new rules.

[faz28]

Basically they say the new rules will apply for newcomers rather than in country applications.

Wrong!
Anyone applying to become a "dependant" for the very first time after 08-Jul-12 - whether from outside the UK or from within UK - will be subject to the new rules.

Yes I'm sorry I meant anyone applied PBS dependent or spouse visa before 8th of July will not be affected. There was a confusion about what will happen to anyone applying spouse visa from PBS dependent.

[geriatrix]

JAGOO, faz28,

The topic ... Dependant of ILR (long residence) applicant ... has been updated.

For further queries on the subject, continue in your own existing topic (jagoo) or if one doesn't exist, create one (faz28).