Can I request guru and senior members to please clarify this statement:
What I have understood after reading the article pasted below from a solicitor website is that PBS dependent of long residence who got entry clearance or limited leave to remain ( Extension of visa) before 09 july 2012 can still apply for settlement after spending 2 years as a spouse vise/family migrant of settled person?
Settlement under the Points Based System for dependants
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 'new' rules for family members in Appendix FM before they can qualify for settlement.
This means that for PBS dependants who are applying to 'switch' into the partner of a settled person route on or after 6 April 2014 will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM.
There are, however, transitional provisions in place for those who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence to under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.
Where those on the transitional provision will be affected by these new changes is that they will have to complete the two years for settlement from the time they 'switch' into a spouse visa (as from 6 April 2014, they can no longer combine leave under Part 8 with leave as a PBS dependant).
Unfortunately, those PBS dependants who do not fall into this category will need to wait for five years for settlement from the time they 'switch' into a spouse visa.
Source: Immigration: Changes to the Immigration Rules (from 6 April 2014)
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