dependent of ILR on 10 years basis

[Greenie]

One would hope that they don't revise 287(a)(i)(e) but I don't think it is explicitly clear, it is clear in my opinion when they say:

those with leave granted before 9 July 2012 as a partner of a migrant with leave under the Points Based System....will also remain subject to the rules in force prior to that date

that they certaintly mean the rules for ILR as a PBS dependent but whether they also refer to those who need to switch is another matter.

[sam2106]

One would hope that they don't revise 287(a)(i)(e) but I don't think it is explicitly clear, it is clear in my opinion when they say:

those with leave granted before 9 July 2012 as a partner of a migrant with leave under the Points Based System....will also remain subject to the rules in force prior to that date

that they certaintly mean the rules for ILR as a PBS dependent but whether they also refer to those who need to switch is another matter.

they can't change this..it will restrospective! we have seen the same with Tier 1 general and former hsmp before...

me and my partner has come under old rule, 2 years rule! we have other plans outside the UK after that 2 years instead of retrospectively being punished as in will have to be in the UK for another 3 years ( 5 years total) with fear that if we leave then we come back later..then there is new stupid law of threshold income i will have to meet for her in order she received spouse / dependant visa once again...this would all be retrsopective and impossible to apply!

[Greenie]

hopefully you are correct but we will need to wait for the statement of changes to see exactly how the new rules are worded.

[sam2106]

hopefully you are correct but we will need to wait for the statement of changes to see exactly how the new rules are worded.

yes they cannot change the goal post just like that mate..anyway my partner has already posted her FLR(M) and has already done biometric...so she fits well into this transitional agreement clause 132 anyway...even if she is currently waiting for her 2 years spouse visa and I am currently waiting for my ILR - 10 years..

more worried about what we talked with regards to parents settlement rather...now they are saying no parents has to explicitly be 65 years old or above, they can be under 65 years old...but they will have to fit the exceptional circumstances box which is very very dififcult...do you read the exceptional circumstance box in the statement of intent the same severity as you read the current rule for those applying under 65 years old?

thanks

Thanks

[Greenie]

why are you so worried if your partner has already applied! The issue is where the dependent is switching from one route to another and therefore if the route a person is switching into changes, a person might not necessarily expect to benefit from transitional arrangements. Hopefully they will still apply.

I don't think the new test is necessarily the same as the exceptional compassionate circumstances test, it is rather more specific as to the nature of the circumstances the family member must be in. It is also not clear whether in the case of two parents/grandparents (e.g. mother and father of the sponsor) whether they would both have to meet these requirements.

[sam2106]

Yes Greenie, sorry i was still under the shock of this statement on intent..coz we only recently discussed these issues and with sushmeta as well if you remmeber for elderly parents.

After exchanging few messages with you, then I realise how stupid I am coz she already applies for FLR(M) and is waiting.

hopefully this part is not changing and she can still apply for her ILR under combination of 1 1/2 yr unmarried partner of PBS sponsor and 1/2 year unmarried partner of sponsor..e,g her 2 years clock for ILR would not only start the date she received FLR(M) spouse visa.

With regards to grand parents, I am worried..coz my dad is only 63 yrs old now..i was anticipating for the future when we talked about this. My mum is well under 60 yrs old anyway.

Yes you are right in the statement of intent they don't mention what happen whereby only 1 parent is under this exceptional circusmstance and the other isn't....this is worrying coz my dad can be classed disabled as he is under UK law considered blind...I thinking whether to apply before 9th of July for them or after the new rule? Whats your advice please Greenie?

why are you so worried if your partner has already applied! The issue is where the dependent is switching from one route to another and therefore if the route a person is switching into changes, a person might not necessarily expect to benefit from transitional arrangements. Hopefully they will still apply.

I don't think the new test is necessarily the same as the exceptional compassionate circumstances test, it is rather more specific as to the nature of the circumstances the family member must be in. It is also not clear whether in the case of two parents/grandparents (e.g. mother and father of the sponsor) whether they would both have to meet these requirements.

[sam2106]

hopefully you are correct but we will need to wait for the statement of changes to see exactly how the new rules are worded.

Greenie..i just come across page 69 Transtional Agreement..statement of intent: it reads:

Before 9 July 2012 you apply for entry clearance, leave to enter or leave to remain as the partner of a migrant under the Points Based Systrem, or you have applied for this and are awaiting a decision > it implies the Immigration rules in force before 9th July 2012 will still apply for you from 9th July 2012. From October 2012, you will need to pass Life in Uk test and B1 level English speaking and listening qualifications for settlement.

So i think this answer the confusion before..as long as someone or any new dependant get thie entry clearance or further leave to remain on a PBS migrant before 9th July 2012, in the future even after 9th July 2012, when their sponsor has indefinite leave, they can apply for FLR(M) and the rules before 9th July 2012 will still apply for them..

[Greenie]

Your partner will be fine, because she has already applied to switch. My point is about applicants applying to switch from PBS dependent leave to leave as the spouse of a settled person after 9th July, and I am not so sure that these people will be covered by the transitional arrangements.

[sam2106]

Your partner will be fine, because she has already applied to switch. My point is about applicants applying to switch from PBS dependent leave to leave as the spouse of a settled person after 9th July, and I am not so sure that these people will be covered by the transitional arrangements.

Thats exactly what page 69 Statement of Intent addresses, I have quoted you Page 69 and it clearly says they won't be affected as long they have received their PBS dependant visa before 9th of July or they have applied for PBS dependant visa on or before 9th of July and is currently awaiting a decision!

[Greenie]

Your partner will be fine, because she has already applied to switch. My point is about applicants applying to switch from PBS dependent leave to leave as the spouse of a settled person after 9th July, and I am not so sure that these people will be covered by the transitional arrangements.

Thats exactly what page 69 Statement of Intent addresses, I have quoted you Page 69 and it clearly says they won't be affected as long they have received their PBS dependant visa before 9th of July or they have applied for PBS dependant visa on or before 9th of July and is currently awaiting a decision!

Perhaps we are talking about two different things. The issue I am talking about is whether someone who switches from the PBS dependent route to the spouse of a settled person route i.e. on FLR(M) after 9th July can still benefit from the transitional arrangements. I am not sure that they can. That's why we need to wait for the statement of changes. It doesn't effect your partner because she has already applied to switch before the change in the rules - I am not disputing that.

[sam2106]

Oieee Greenie, have you had your dinner yet mate? Yes we know my partner won't have problems but I still don't see the point you are making on the issue at dispute. Please read carefully what I pasted to you from Page 69 of Statement of Intent. It answers your doubt! It clearly says that those currently on PBS dependant visa or has applied for it and is currently awaiting a decision or will be applying for it latest on 9th July 2012 and will be awaiting a decision from then on WILL still qualify and come under current rules for FLR(M) when they apply for their FLR(M) anytime in the future whether it is before or after 9th July 2012.

Your partner will be fine, because she has already applied to switch. My point is about applicants applying to switch from PBS dependent leave to leave as the spouse of a settled person after 9th July, and I am not so sure that these people will be covered by the transitional arrangements.

Thats exactly what page 69 Statement of Intent addresses, I have quoted you Page 69 and it clearly says they won't be affected as long they have received their PBS dependant visa before 9th of July or they have applied for PBS dependant visa on or before 9th of July and is currently awaiting a decision!

Perhaps we are talking about two different things. The issue I am talking about is whether someone who switches from the PBS dependent route to the spouse of a settled person route i.e. on FLR(M) after 9th July can still benefit from the transitional arrangements. I am not sure that they can. That's why we need to wait for the statement of changes. It doesn't effect your partner because she has already applied to switch before the change in the rules - I am not disputing that.

[Greenie]

Had my dinner - nice thanks.

I have read it very carefully. It makes no mention of FLR(M). When they say 'rules in place' they may mean rules for ILR as a PBS dependent, although I hope they don't. No point debating it any further. The statement of changes will make things clearer.

[sam2106]

Had my dinner - nice thanks.

I have read it very carefully. It makes no mention of FLR(M). When they say 'rules in place' they may mean rules for ILR as a PBS dependent, although I hope they don't. No point debating it any further. The statement of changes will make things clearer.

ok, do you have an idea when statement of change will be be published?

[Greenie]

Had my dinner - nice thanks.

I have read it very carefully. It makes no mention of FLR(M). When they say 'rules in place' they may mean rules for ILR as a PBS dependent, although I hope they don't. No point debating it any further. The statement of changes will make things clearer.

ok, do you have an idea when statement of change will be be published?

at least 21 days before 9th July.

[Greenie]

Statement of changes to Immigration rules HC 194

OK -it can be quite hard to interpret statement of changes as they consist of delete this and add this without being able to read the new rules in full. However.. I think the way they have dealt with this is that dependents of PBS migrants now do not have to switch on form FLR(M) if the main migrant applies for ILR before the dependent and therefore if they were granted leave as a PBS dependent prior to 9th July, they can still benefit from the 2 year probationary period and do not need to switch on form FLR(M) first. Would welcome any comments.

94. In paragraph 319E(b), delete “who is, at the same time, being granted” and substitute “who is being, or has been, granted”

95. In paragraph 319E(c), after “who is being” insert “, or has been,”

96. Delete paragraph 319E(d) and substitute: “(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii). (i) If the applicant was granted leave as the Partner of the Relevant Points Based System Migrant under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of the Relevant Points Based System Migrant, the specified period is at least 2 years.

[ilrin2012]

FLR(M) and, immediately after receiving FLR(M) leave, SET(M).

thanks sushdmetha...

this thread is for my friend wife... i put new thread regarding my wife...sushmetha you think they are same....

[geriatrix]

Why are using multiple IDs?

[sam2106]

okie we are now the 9th of July..any updates on the confusion we were having Greenie thanks

Had my dinner - nice thanks.

I have read it very carefully. It makes no mention of FLR(M). When they say 'rules in place' they may mean rules for ILR as a PBS dependent, although I hope they don't. No point debating it any further. The statement of changes will make things clearer.

ok, do you have an idea when statement of change will be be published?

at least 21 days before 9th July.