hi bonga just recieved this email from ho thought it might help you
You may find the Frequently Asked Questions (FAQs) below and links to guidance useful.
Angela Coupe
Operational Policy and Rules Unit
Family Migration Operational Policy
Immigration and Border Policy Directorate
Links to Guidance
1.Family Members – Partners and Article 8
https://www.gov.uk/government/uploads/s ... _1__1_.pdf
2.Family Members – Transitional Arrangements
https://www.gov.uk/government/uploads/s ... -guide.pdf
3.Family Members – Financial Requirement
https://www.gov.uk/government/uploads/s ... I6.doc.pdf
4.English Language requirement for Leave to Remain as a Family Member
https://www.gov.uk/government/uploads/s ... h_lang.pdf
FAQs
Question: An applicant was granted leave onto the family route before the 9 July 2012 change to the Immigration Rules. Do they need to meet the new Rules in Appendix FM at their extension application?
Answer: No, anyone granted leave on the basis of the Rules in place before 9 July 2012 will need to meet those Rules when applying for further leave or ILR. Please see the above Transitional Arrangements guidance on our website.
Question: Do all dependants of PBS Migrants who have been granted ILR need to apply for leave to remain as the Partner of a settled person?
Answer: This will depend on how the PBS Migrant applied for ILR. If they applied on the basis of being a PBS Migrant (for example under Tier 1 or Tier 2) then their dependants will not need to switch and can apply for an extension as a PBS dependant until they meet the requirements for ILR themselves.
If the PBS Migrant applied for ILR under the Long Residency provision, then their dependants are no longer considered as dependants of a PBS migrant and they must apply for permission to stay in the UK in another category.
Please see our website for further information:
https://www.gov.uk/government/publicati ... rs-1-2-4-5
Question: A PBS dependant has applied as the Partner of a settled person, are they considered under Part 8 or Appendix FM of the Immigration Rules?
Answer: From 6 April 2014, all dependants of PBS migrants who apply for leave to remain as the Partner of a Settled person on form FLR(M) will be considered under Appendix FM of the Immigration Rules. They must meet all the requirements of these Rules (including the financial requirement where necessary). The above Transitional Arrangements guidance will be updated on 6 April 2014 to reflect this position.
A PBS dependant applying directly for ILR on form SET(M) will not meet the ILR requirements and they must first apply for limited leave on form FLR(M).
Question: What applicants need to meet the English language requirement for Partners and Parents?
Answer: Applicant need to meet this requirement if they are applying for Entry Clearance or Leave to Remain (LTR) as a Partner or Parent of a settled person on a 5 year route to settlement. They can meet the requirement in one of the following ways:
- By passing an acceptable test at a minimum level of A1 of the Common European framework of Reference (CEFR) with an approved provider; or
- By being a national of a majority English speaking country; or
- By having an academic qualification equivalent to a Bachelor’s or Masters degree or PhD in the UK, which was taught in English.
Question: Is the English language requirement for Partners and Parents the same as the Knowledge of Language and Life (KOLL) requirement for settlement and citizenship?
Answer: No, this is a separate requirement and asks for a different level of English. Passing the Life in the UK test does not count towards the English language requirement.
Question: An applicant needs to meet a qualifying period before applying for indefinite leave to remain (ILR). When does this begin?
Answer: If they entered the route overseas, the qualifying period will begin when they arrived in the UK. If they ‘switched’ into the route within the UK, the qualifying period begins on the date they were granted leave.
Question: Do dependants of PBS Migrants who apply for LTR as the Partner of a settled person begin their qualifying period again?
Answer: If the applicant was granted LTR under paragraph 284 of Part 8 of the Immigration Rules (following an application made prior to 6 April 2014) they can combine their leave as a PBS dependant with leave as the Partner of a settled person to meet the qualifying period under paragraph 287.
All other applicants must start their qualifying period again.
