Hi Dear,
Can any one help with my queries please?
Long Residence and Points Based System Dependants:
Please Note that I have read the immigration publications bellow but am still not too sure of most of its content as there are many references that were referred to.
3.4 Long Residence and Points Based System Dependants:
If the main relevant Points Based System (PBS) Migrant gains indefinite leave to remain on the basis of Long Residence any PBS dependant partner will not be able to extend their leave or gain settlement as a PBS dependant and will be required to switch into the partner of a settled person category and apply for limited leave.
Applicants who were granted leave to enter or remain as a PBS dependant before 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence can under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.
A280 (c):
(c) The following provisions of Part 8 continue to apply on or after 9 July 2012, and are not subject to any additional requirement listed in A280 (b).
(i) to persons who have made an application before 9 July 2012 under Part 8 which was not decided as at 9 July 2012; and
(ii) to applications made by persons in the UK who have been granted entry clearance or limited leave to enter or remain under Part 8 before 9 July 2012 and where this is a requirement of Part 8, this leave to enter or limited leave to remain is extant:
Transitional Arrangement
Transitional Provisions under Part 8 will apply through to indefinite leave to remain to those persons who were granted in one of the following categories (on the basis of an application submitted before 9 July 2012): spouse; civil partner; etc.
Transitional provisions are to allow a person already granted leave and living in the UK to continue their route to settlement.
My Question
My partner entered the UK with TIER 1 (GENERAL) PARTNER on [15 Sept 2011] while I was on Tier 1 (PSW) visa. Prior to its expiry, I switched to TIER 4 (GENERAL) VISA. The application was submitted with that of my Partner and Child born in the UK
On [02/04/2013] and my Partner was granted a PBS DEPENDANT leave to remain on [15/05/2013] which is still valid till [21/08/2014].
1. Can she apply via Transitional Arrangement so that the 10 year probationary period will not apply in her case and provisions of Part 8 continue to apply on in her case?
2. Even though she meets condition of Section R-LTRP (a), (b) and (d), what application form can she use if Part 8 continues to apply on in her case?
3. Even though the new rule does not permit her to apply for settlement at the same time as myself who is still awaiting decision on my settlement application, and considering how long we have leaved together as partners, can she apply for settlement using form FLR (M)?
4. Please just explain the best possible way to deal with her case to a shorter route to settlement.
Many Thanks,
Xtee
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