malik15 wrote:It is not just the LTR. If a dependant came to UK around July 2012, they will complete their two year in July 2014 and can only apply for SET(O) at the same time as the main applicant if they have complete two years. Aren’t the new rules restricting them from switching to FLR(M) under part 8 too as the revised 284 cleary states the previous leave should not be as PBS dependant?azka wrote:hi to all those who fall under the category PBS prior 9th July 2012 and get effected by new changes 6th April 2014, just want to share with all of you I have sent an email to home office to raise my concern regarding their new changes which is highly unfair and could be challenged in court as HSMP judicial review.
the email I sent is given below, I request all of you who is getting effected by this new unfair rule please raise your voice and let it heard, please read below given email sent your email to this given below email ID, I hope home office might realise they have made a mistake and soon rectify it, please do not forget to send it.
FamilyOpsPolicy@homeoffice.gsi.gov.uk
Dear sir/Madam,
new changes undermine the transitional provisions part 8 (PBS dependent prior 9th July 2012)
I have quoted below exactly the same wording copied from page 10 and page 11 given below
"IMMIGRATION DIRECTORATE INSTRUCTIONS
FAMILY MEMBERS UNDER APPENDIX FM OF THE IMMIGRATION RULES
Chapter 8" page 10 and page 11
Transitional Provisions
" Long Residence and Points Based System Dependant
If the main relevant Points Based System (PBS) Migrant gains indefinite leave
to remain on the basis of Long Residence any PBS dependant partner will not
be able to extend their leave or gain settlement as a PBS dependant and
will be required to switch into the partner of a settled person category and apply
for limited leave.
Applicants who were granted leave to enter or remain as a PBS dependant
before 9 July 2012, whose PBS partner gained indefinite leave to remain on the
basis of long residence can under transitional provisions at A280 (c) apply for
further leave under Part 8 of the Immigration Rules.
Applicants who were granted leave to enter or remain as a PBS dependant
after 9 July 2012, whose PBS partner gained indefinite leave to remain on the
basis of long residence will be required to apply to extend their leave as a
partner under Appendix FM "
this transitional provisions part 8 arrangement clearly distinguish between PBS dependent granted leave before 9 July and PBS Dependent granted leave after 9th July 2012
how come this new rules changes 6th April 2014 completely ignore transitional provisions part 8 arrangement
this transitional provisions part 8 arrangement provide transitional cover to PBS dependent before 9th july 2012 but new changes will undermine the transitional provison part 8 for PBS granted leave before 9th july 2012.
could you please reconsider it this could be possibly human error, or if home office does not review it these new changes mentioned above will be challenged in court of Justice.
waiting for your reply
kind regards
best thing to email home office FamilyOpsPolicy@homeoffice.gsi.gov.uk
I have got tier 1 general application initial 30 September 2009 since then they have changed so many rules in tier 1 general but until now still old rules applies to me which was in place at the time my initial application 30th September 2009 due to transitional arrangements but this is beyond to my understanding when appendix fm came in 9 july 2012 they give transitional part 8 protection to pbs before 9 july 2012 now all of sudden they completely ignore it this is highly unfair
. Any way I m happy. All the brothers and sisters who are still waiting please be patient good things comes with it own time.