minor changes in family life

[faz28]

could somebody clarify in this minor changes -


12
Changes to the Immigration Rules rela
ting to family and private life
7.31 The following minor changes and clarifica
tions are being made to the Immigration
Rules relating to family life:
•
To clarify that the transitional provisions
for further applications made by those
granted entry clearance or lim
ited leave to enter or remain under Part 8 of the Rules
before 9 July 2012 can only be accessed by persons in the UK and subject to the
requirements of Part 8 for such applications.
•
To provide that a person may apply for furt
her limited leave to remain as a partner
under Part 8 within a period of 28 days of
the end of their last such leave.
•
To provide that the partner of a Points
Based System migrant not on a route to
settlement cannot switch into
the partner route under Pa
rt 8 and amalgamate their
leave as a partner under both routes towa
rds the qualifying period for settlement.

Does this mean tier 4 dependents cannot apply spouse visa 0r ilr visa using transitional arrangement rules.

[jaberdene]

288. In the table in Appendix O, delete all references to “Cambridge ESOL” and substitute
“Cambridge English (previously known as Cambridge ESOL)”.

is it changed only because cambridge changed their exam name into Cambridge English or is it new exam?
what about the certificate on Cambridge ESOL?

[faz28]

Pls seniors give clarification on this I know i should wait until seniors give advice when they are free but time is running out.

"To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement".


As per my understanding tier 4 dependent and psw dependent will not be able to change to spouse visa and apply ilr using old rules.

[Obie]

Yes your understanding is correct.

What it means is that partner of PBS, who are not on a route to settlement, cannot add their period as dependant of Tier 4 towards ILR, when they move to the family route.

Essentially they are not covered by the old rules, and would have to accrue another 5 years of residence as Spouse of a Settled person, inorder to Secure PR.

This really applies in cases, were for example the tier 4 migrant secured ILR, under long residency. The dependant will have to start again afresh under the FM category, to be able to secure ILR.

[faz28]

Yes your understanding is correct.

What it means is that partner of PBS, who are not on a route to settlement, cannot add their period as dependant of Tier 4 towards ILR, when they move to the family route.

Essentially they are not covered by the old rules, and would have to accrue another 5 years of residence as Spouse of a Settled person, inorder to Secure PR.

This really applies in cases, were for example the tier 4 migrant secured ILR, under long residency. The dependant will have to start again afresh under the FM category, to be able to secure ILR.

so this is not a minor change it's a major change for people like me. For a year they said we can apply under old rules & now their telling in 2 weeks time u can't. Just two weeks to change the visa.

I was going to apply visa in middle of April after my husbands tax return comes back, but now I need to apply as soon as possible. I have secured a peo appointment on 21/03. So now I need to gather all the documents in a rush.

My husband recieved ilr through long residence and i'm tier 4 dependent visa

My husband is self employed so can anybody tell me whether these documents are sufficient

6 months bank statement
Accounts for 2012/2013 (bcoz no tax return yet) from his accountant.
Letter from accountant.
Last year tax return,
our passports,
english test certificate.

And another thing my husbands net income is only £6500 this year. He claims certain benefits. We have 3 kids(british).

[Obie]

I don't think this change make any difference to your position. This rule simply clarifies things.

Before this rule, there was never a pathway for you to claim ILR, this rule simply confirm the status quo.

You partner obtain ILR under long residence. The family members of such individuals, have no automatic entitlement to ILR, they have to make a new application.

Prior to the changes, they would have need to apply for FLR(M) and receive a 2 years LTR.

AS a result of the new changes, they need to apply for a 30 months LTR, after that, another 30 months, and then ILR.

If you accrue 120 months of lawful residence, before the end of the first 30 months or second 30 months, then you could apply for ILR.

It could not be said that you lost anything. There is not a legitimate expectation that dependant of tier 4 migrant or PSW visa will obtain settlement.

[faz28]

Alhamdullihah yesterday my peo appointment was a success. I got spouse visa for 2 years old rules. This forum has been so much helpful, thanks for everyone.