Changes relating to dependants in the Points-Based System an

[nafeesakhtar]

Changes relating to dependants in the Points-Based System and other work routes


The judgment of the HighCourt in R (on the application of Zhang) v Secretary of State for the Home Department related to the ability of migrants in the UK in other
immigration categories to switch into the status of a Points-Based System dependant. The judgment did not strike down the existing Rule but set a legal precedent which it predicted would cause difficulties in enforcing the Rule in future.

The present requirement (that only those who entered the UK as dependants can apply in-country as dependants) is therefore being amended to bring it more in line with the changes to the Rules for family members of British citizens and settled persons set out in HC 194 (laid before Parliament on 13 June 2012). The changes will mean that applicants can apply in-country as a dependant, providing they are not an illegal entrant, or were last granted as a visitor, temporary admission or temporary release. This also entails adding a definition of “visitor” to the Immigration Rules.

The present restrictions on switching the other way around, from dependant to being a main applicant in a person’s own right, will remain. This will continue to prevent main applicants and their dependants from continually swapping statuses in order to prolong their stay in the UK, which would undermine other restrictions such as those on maximum length of stay in certain immigration categories.

[bruteforce]

Here is the link for those concerned, I suggest this to be added into "Guidance" as well.

https://www.gov.uk/government/speeches/ ... n-rules--5

[helpingperson]

Changes relating to dependants in the Points-Based System and other work routes


The judgment of the HighCourt in R (on the application of Zhang) v Secretary of State for the Home Department related to the ability of migrants in the UK in other
immigration categories to switch into the status of a Points-Based System dependant. The judgment did not strike down the existing Rule but set a legal precedent which it predicted would cause difficulties in enforcing the Rule in future.

The present requirement (that only those who entered the UK as dependants can apply in-country as dependants) is therefore being amended to bring it more in line with the changes to the Rules for family members of British citizens and settled persons set out in HC 194 (laid before Parliament on 13 June 2012). The changes will mean that applicants can apply in-country as a dependant, providing they are not an illegal entrant, or were last granted as a visitor, temporary admission or temporary release. This also entails adding a definition of “visitor” to the Immigration Rules.

The present restrictions on switching the other way around, from dependant to being a main applicant in a person’s own right, will remain. This will continue to prevent main applicants and their dependants from continually swapping statuses in order to prolong their stay in the UK, which would undermine other restrictions such as those on maximum length of stay in certain immigration categories.

Hi

Thank you for sharing this.


When will this come into effect?


Referring to above change, can Tier 1 Entrepreneur Dependent apply for same day visa?

[nafeesakhtar]

1st October .
It will be implemented for all PBS dependants.

[helpingperson]

1st October .
It will be implemented for all PBS dependants.

Hi

Can you please copy text here where it says it will come into effect on 1st October which allows in country dependent application?

Thank you.

[helpingperson]

1st October .
It will be implemented for all PBS dependants.

Hi

Can you please copy text here where it says it will come into effect on 1st October which allows in country dependent application?

Thank you.