set(m) or need to wait for 2 years ?

[z18runway]

Thanks to the members who guided me throughout the process to obtain my ILR through 10 years long residency and it has been approved on 17th of June 13.

Now i am waiting for my spouse FLR(M) which was posted on Jan 26th 2013.

can my spouse immediately apply for ILR through set(m) after flr(m) or need to wait 2 years ?

spouse entered UK in 2005 on student dependent and last visa was PSW dependent ?

so can i assume that spouse has already spent 2 years as dependent, so going for set(m) is correct option ?

[CR001]

Your assumption is correct. Once she is granted FLR(M) she can immediately apply for SET(M) as long as she meets all the standard requirements.

[z18runway]

Your assumption is correct. Once she is granted FLR(M) she can immediately apply for SET(M) as long as she meets all the standard requirements.

Thanks for the advice very happy to know.

could you please direct me to the link with which i can use it at PEO, if my spouse ILR denied because of some rule changes after 6th april 2013 ?


Because this worries me


PostPosted: Fri Apr 05, 2013 9:16 am Post subject: Reply with quote

stoorrey wrote:
Do you think the 2 years amalgamation rules under para 287 will no more apply after 6 April for the Tier 1 General dependants of 10 years Long?


I presume this is a real worry for PSW & Student dependants. As of now these are the only migrants who are not on a route to settlement otherwise they should be fine.

Statement of change @ Page 12 wrote:

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.

[CR001]

This thread listed as a sticky will explain :

http://www.immigrationboards.com/viewtopic.php?t=105162

My apologies, have now seen you wrote PSW. Perhaps a guru can advise what is the correct information.

[z18runway]

This link is old dated and which was posted before the rules changes 6th april 2013, in fact i have been following this link for past 1 year. Anyway thanks for advice, will wait for someone's advice as well.

[Amber]

A 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

It would therefore include a Tier 1 (PSW) migrant.

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.

Thus this is satisfied and your wife is able to progress from flr(m) directly to set(m) as you are now settled.

[z18runway]

thanks amber, at the PEO, shall i quote this para if problem arises ?

[Amber]

The rules changed, I believe in April 2013, but as you submitted your application under part 8 before this you should not be subject to the changes.

[z18runway]

thanks amber

[Amber]

thanks amber

I have submitted a request to the policy ops team for clarification following the April 2013 changes, though, as the application was submitted prior to April 2013 I believe you're ok.

[z18runway]

Thank you very much for your effort amber, i really appreciate it.

I too emailed them and got successful reply where iam happy with that.

The question asked:


Dear Home Office,



Could you please clarify,

The main migrant granted ILR on the basis of 10 years long residence, and the main migrant prior to ILR was on a Tier 1 PSW along with his dependent wife.

1) After 'switching' to FLR(M), can the dependent apply for ILR immediately, as the dependent has already spent more than 2 years as a PSW dependent prior to the FLR(M)?.

2)Will the years spent as a PBS dependent (Tier 1 (PSW) Dependent) granted entry clearance prior to July 2012 count towards the qualifying period? Or the qualifying period starts from the date FLR (M) was granted.
3) Can you please site the immigration rules to substantiate your reply.

Thanks


Here is the reply from Home Office:


Dear *****,


I can confirm that when a PBS migrant is granted ILR under the immigration rules for long residency, their spouse and any dependants must make an application to switch into the family rules, using the FLR(M) application form. If the spouse was granted leave to remain before 9 July 2012, as the PBS migrant’s dependant, they can apply for settlement as soon as they have completed the two year qualifying period in the UK. If they had already completed the 2 year qualifying period before making their FLR(M) application, then they could submit an application for ILR immediately after being granted FLR.



The appropriate paragraph of the immigration rules is 287(a)(i) and 287(d).



I trust this answers your question.


******
Settlement, Family and Nationality Operational Policy & Rules |Operational Systems Transformation | Home Office

[Amber]

I am still getting clarification as I do not think they are aware of the changes and whether they are active or not, given the stakes I shall update once I have received a response.

[z18runway]

Thanks to amber,vinny, and CR001 and i will wait for your reply as well.

[Amber]

Regarding flr(m) for a pbs dep where the spouse has settled via long residence and was not on a PBS route to settlement see http://www.immigrationboards.com/viewtopic.php?t=138379