Post
by Lucapooka » Thu Jun 21, 2012 2:54 pm
Whether the new rules apply to an EC application is not the only question here (but I think it will). The question I am raising here is whether she needs to make an EC application at all, rather than return on her existing PBS dependant leave and then applying for ILR after on completion of her two years residence. The new rules now permit PBS dependants to remain as PBS dependants and gong straight to ILR, rather than obliging them to apply for FLR(M). If they don't need to apply for FLR(M) and can stick with PBS (Dep), then why should they need to apply for EC, rather than sticking with PBS (Dep)?
5. For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:
- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
- If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements.
