I have just had confirmation that as the rules stand at the moment:
284 (b) the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant (excluding a Tier 5 (Temporary Worker) other than a private servant in a diplomatic household who applied to enter the UK before 6 April 2012 or a Tier 4 (General) Student) and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and
Although Tier 1 (PSW) is not a route to settlement, the rules do not distinguish between any of the Tier 1 sub categories in considering FLR as the spouse of a relevant PBS migrant.
Partners of relevant points-based system migrants
319AA. In paragraphs 319A to 319K and Appendix E, '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.
Therefore, at the moment Part 8 and the amalgamation (flr(m) to set(m)) is available to those PBS dep where the PBS was not on a route to settlement. However, the change is intended to stop this but as of yet is not in place according to the settlement policy team.
If you require further assistance I suggest you seek legal advice.
Update
[quote="vinny"]Note that the new statement of changes in the Immigration rules prevent all PBS dependants from switching to FLR(M) under 284 or 295D (56,58).
What options would Long residence PBS dependants have then?
Note that both 319C(b) and 319E(b) fail because the partner was not granted indefinite leave to remain as a Relevant Points Based System Migrant.
If they are eligible for ILR under Long residence, then they may apply for SET(LR). Else, they may apply under the current partner rules and cannot take advantage of 287(a)(i)(d).
[quote="EXPLANATORY MEMORANDUM"]7.11. Corrections are being made to enforce the intention that only dependants of individuals who qualified for settlement under the Points-Based System can apply for settlement as dependants of Points-Based System Migrants. Previously the Immigration Rules allowed dependents of those who qualified for settlement on the basis of long residence to also apply. The change will mean such dependants will need to apply for leave to remain under the rules for family members in Appendix FM before they can qualify for settlement. [/quote]
Effective 6th April 2014.
Note that [quote="Implementation "](c) With regard to the other changes, if an applicant has made an application for entry clearance or leave before 6 April 2014, the application will be decided in accordance with the Rules in force on 5 April 2014. [/quote]
[quote="Annex FM Section 1.0a > 2.3. Transitional arrangements"]Please note that the transitional provisions do not apply to the partner of a Relevant Points Based System Migrant who applies for leave to remain on the basis of family life as a partner on or after 6 April 2014. The partner of a Relevant PBS Migrant who wishes to apply for leave to remain on or after 6 April 2014, where their partner has been granted indefinite leave to remain under the long residence provisions of the Immigration Rules, must do so under Appendix FM.
[/quote]
Note that the Immigration status requirements must also be met. For example, they may fail FLR(M), if their leave was granted for six months or less, as E-LTRP.2.1 fails.[/quote]
[quote="Amber_"]Then everyone, who is eligible, needs to get their applications in ASAP.
I'm locking this thread given the impending changes as highlighted by Vinny, it's sad to say that this is happening. There should be a campaign to allow adding the time spend as a PBS dep to the new Annex FM, 5 year requirement, it's just adding unnecessary time and cost. Please refrain from opening new threads on this topic. If you are eligible to apply for FLR(M) [under part 8] as a PBS dep then do so now, before the new rule comes into force.[/quote]
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222