PBS dependants - Residential period for ILR to increase

[geriatrix]

A spouse / partner applying for entry clearance as a PBS migrant on / after 09-Jul-12 will be required to spend "5 years probationary period in the UK as a dependant" with the principal PBS migrant before becoming eligible for settlement.

All principal PBS migrants and (adult) PBS dependant migrants (including those who are already in the UK) applying for settlement from October 2013 onwards will need to pass the Life in the UK test and also demonstrate English Language proficiency at B1 level (listening and speaking).


These changes have been outlined in the Family Migration: Statement of Intent published on 11-Jun-12.

Statement of changes to immigration rules HC 194 - published 13-Jun-12.

[nastykid]

I find your definition conflicting

Please see here
http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

Points

page 26
PROBATIONARY PERIOD

[geriatrix]

What do you find conflicting in the statement I have posted and the information in the statement of intent? Please elaborate.

[nastykid]

Your information initially sounded like any dependent already in pbs dependent will have to complete 5 years no matter what

But the document you added clearly says , if you are already on pbs dependent, then this rule will not apply but the english language qualification will be applied in 2013.

Is this your understanding as well ?



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.
(ii) If (i) does not apply, the specified period is 5 years, during which the
applicant must have had continuous leave as the Partner of the Relevant Points
Based System Migrant, and during that period have met all of the requirements
of paragraph 319C(a) to (e).”

[geriatrix]

A spouse / partner applying for entry clearance as a PBS migrant on / after 09-Jul-12 will be required to spend "5 years probationary period in the UK as a dependant" with the principal PBS migrant before becoming eligible for settlement.

The opening statement of the post refers to dependants applying for entry clearance after 08-Jul-12, and the new paragraph 319E(d), particularly 319E(d)(ii), of the immigration rules confirms exactly what the statement says.

[KDP]

A spouse / partner applying for entry clearance as a PBS migrant on / after 09-Jul-12 will be required to spend "5 years probationary period in the UK as a dependant" with the principal PBS migrant before becoming eligible for settlement.

The opening statement of the post refers to dependants applying for entry clearance after 08-Jul-12, and the new paragraph 319E(d), particularly 319E(d)(ii), of the immigration rules confirms exactly what the statement says.

I am kinda agree with Nastykid's post :
(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.

It has been confirmed in the statement above.

[PS_ILR]

Hi Everybody,

Myself Main Applicant

1)First entry to uk on Tier-2 23 June 2007
2) Changed to Tier-1 (general) Apr 2009 - Apr 2012.
3)Got First extension of Tier-1 - Feb 2012 - Apr 2014.
4) Eligible for ILR in August 2012

Dependent Spouse /Daughter -
1) Spouse First entry to Uk as a Tier-2 Dependent Nov 2007.
2)Changed to Tier-1 dependent Apr- 2009 to Apr 2012.
3) Daughter Born in Dec 2010 in uk. She had Tier-1 Dependent up to Apr 2012.

My Wife and Daughter travelled back to India in March 2011.Wife spent more than 2 year time in uk.Now i want to know suppose- spouse and daughter will apply as a Tier-1 dependent and came to Uk,do Life in the uk,After that are they eligible for ILR with main applicant or dependent will have to fall under again 5 years rule and apply ILR afterthat?

Thanks in anticipation.

[KDP]

As 'sushdmehta' has described above:
"A spouse / partner applying for entry clearance as a PBS migrant on / after 09-Jul-12 will be required to spend "5 years probationary period in the UK as a dependant" with the principal PBS migrant before becoming eligible for settlement".

Only your spouse has to spend 5 years probationary period if she will apply for an extension on the PBS Dependant after 9th July 2012. But if they are with you at the moment and have spent most recent recent time (at least 2years) with you in the UK then this rule will not apply. Your daughter can come here on PBS dependent and can apply for an ILR with you at the same time as she is born here. but if you are applying for an ILR next month then why don't you apply ILR Visa for your daughter and PBS Dependant for your spouse. I hope this will be helpful.

[PS_ILR]

Thanks KDP,

Little more clarification .As Currently my wife and Daughter is in India and there PBS dependent visa expired on APR 2012 .I have not extended that before expiry because there was no travel plan for her to UK immediately(UK VISa not required in INDIA to stay ).But She spent 3.5 years on Tier-2 and Tier-1 combined with me in the UK.
Before I go for ILR they have to apply as PBS dependent extension and enter in to UK,it will be after 9 th July12.
Now as Per ur suggetion My Daughter is eligible to ILR with me once she come to UK.After me and my daughter got ILR what will be status of my wifes Visa.Or she again have to change as a ILR dependent.
Why UKBA is not considering her Period which has spent with me in uk already?
Why they can say VISA is Discontinuous.As whenever She is in UK as a Dependent she had dependent VISA?
Can you please give more clarification please if you can.
Thanks in anticipation.

[KDP]

[quote="PS_ILR"]

No worries mate, I know UK's visa is not needed to stay in India, that was a good joke by d way. Your wife will have to fulfill the new regulations as she will be receiving the visa after 9th July 2012, your wife's status will be your dependent, and you have to extend her visa as a dependent (to complete 60 months from the date of latest issued visa). they count the most relevant period spent together, while your wife is not living with you since last two years, they have to find out the genuineness of your relationship as per their rules.

Just for your confirmation you can call up, Definitive Works Permit (http://www.definitive-is.com/) and ask anyone about your query. I found them very helpful.

[PS_ILR]

Thanks KDP.

[varghesejim]

Thanks KDP,

Little more clarification .As Currently my wife and Daughter is in India and there PBS dependent visa expired on APR 2012 .I have not extended that before expiry because there was no travel plan for her to UK immediately(UK VISa not required in INDIA to stay ).But She spent 3.5 years on Tier-2 and Tier-1 combined with me in the UK.
Before I go for ILR they have to apply as PBS dependent extension and enter in to UK,it will be after 9 th July12.
Now as Per ur suggetion My Daughter is eligible to ILR with me once she come to UK.After me and my daughter got ILR what will be status of my wifes Visa.Or she again have to change as a ILR dependent.
Why UKBA is not considering her Period which has spent with me in uk already?
Why they can say VISA is Discontinuous.As whenever She is in UK as a Dependent she had dependent VISA?
Can you please give more clarification please if you can.
Thanks in anticipation.

Unfortunately, as your wife's visa expired, she has apply for entry clearance and will come under the new rule(5 years). There is no way that you can use the fact that your wife stayed with you in UK for 3.5 years, for her ILR. Same thing happened to me too. Its quiet bad, but thats that.

[varghesejim]

Just for your confirmation you can call up, Definitive Works Permit (http://www.definitive-is.com/) and ask anyone about your query. I found them very helpful.

Is this an advertisement for Definitive Works Permit ?

[PS_ILR]

Thanks varghesejim.

[sanxiao]

Need Help.

I will be applying for ILR during December this year.

1. I as a main applicant got HSMP visa on 22 NOV 2007, entered UK 28 JAN 2008.
2. My wife joined me as a dependent on APR 2009.
3. We got FLR as Tier 1 on 02 DEC 2010.
4. Had a baby boy in India on SEP 2011. (my wife was in India for almost an year for this.)
5. My son joined me in the UK as a Tier 1 dependent on MAR 2012.

My query is: I am not sure about my son's eligibility for ILR. Can I include my son while applying for ILR. I guess my wife is eligible to be included in my ILR application.

Thanks and regards.

[arp]

Currently I’m under the Tier 1 General visa as a dependant and My wife is the main Tier 1 General applicant. T1 will valid till October 2013.

I came to UK in September 2002 and There for I can apply for ILR under Long residence visa by end of August.

My questions are,
Can my wife and our two months old baby who was born here apply as dependant of me when I apply for ILR ?
Or
Can they switch as my dependant without leaving UK ?

Many Thanks,

[ughosal]

Need Help.

I will be applying for ILR during December this year.

1. I as a main applicant got HSMP visa on 22 NOV 2007, entered UK 28 JAN 2008.
2. My wife joined me as a dependent on APR 2009.
3. We got FLR as Tier 1 on 02 DEC 2010.
4. Had a baby boy in India on SEP 2011. (my wife was in India for almost an year for this.)
5. My son joined me in the UK as a Tier 1 dependent on MAR 2012.

My query is: I am not sure about my son's eligibility for ILR. Can I include my son while applying for ILR. I guess my wife is eligible to be included in my ILR application.

Thanks and regards.

I have similar query:

I will be applying for ILR during December this year (2012).

1. I as a main applicant got HSMP visa on 22 Jan 2008, entered UK Feb 2008.
2. My wife joined me as a dependent in Oct 2008.
3. We got FLR as Tier 1 in DEC 2010.
4. Had a baby girl in India in Mar 2012. (my wife was in India for almost an year for this.)
5. My daughter's Tier 1 dependent has been applied for in Aug 2012.

My query is: I am not sure about my daughter's eligibility for ILR. Can I include her while applying for ILR. What about my wife's ILR, is she eligible?




Thanks.