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1. Nomembers wrote:Dear All,
I hope this post would be useful for everyone. Current immigration rule paragraph 319E(d) says:
"To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, 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 a period of at least 2 years"
Does this rule not apply to :
a dependent of a migrant who is currently on PBS but will apply for ILR under the '10 years long residency' criteria?
If not, then what would be the best advice for that dependant?
1. The OP asked the question under the 10 years category and the guidance clearly states the procedure for dependents.Angelica wrote:1) No [ Unfortunately ]
2) Most people go for FLR(M) which is another waste of time. If i were you after the main applicant have gotten his ILR, the dependant can then apply for ILR using set O, ticking ''other ares not covered by the rule'' and in the blank option, put ''dependant of a settled person''.
Like i state earlier '' if i were you''. Area NOT covered by the rule. Even most immigration gurus dont know this.2012 wrote:Angelica wrote:1) No [ Unfortunately ]
2) Most people go for FLR(M) which is another waste of time. If i were you after the main applicant have gotten his ILR, the dependant can then apply for ILR using set O, ticking ''other ares not covered by the rule'' and in the blank option, put ''dependant of a settled person''.
2. I do not understnad on wat basis r u suggesting this option?
1. I wud strongly recommend to follow the guidance.members wrote:Dear All,
I hope this post would be useful for everyone. Current immigration rule paragraph 319E(d) says:
"To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, 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 a period of at least 2 years"
Does this rule not apply to :
a dependent of a migrant who is currently on PBS but will apply for ILR under the '10 years long residency' criteria?
If not, then what would be the best advice for that dependant?
No Sir.Lucapooka wrote:The immigration rules (319) that relate to settlement offer no scope for PBS dependants to apply for ILR individually (ie a any situation that is not a joint application with the PBS migrant using the same form). Obviously a joint application is not possible under the long residence category and therefore any application made either jointly or separately will be refused. In such cases the PBS dependant must apply for leave to remain under paragraph 284 of the rules and then apply for ILR under paragraph 287(a)(i)(d).
Angelica, you are mistaken. A category not covered in the rules refers to applications outside the rules for DL. Even if a DL application had merit and were granted, it would then lead to a further six year period of leave before ILR could be considered.