Getting married after 09-Jul: Will the changes affect?

[win6]

Do the new rules affect existing Tier 1 (General) migrants

Got visa in Mar 2009 - came into UK in aug 2010 ,i am planning to marry sometime in december 2012 ,so does the new 5 year probationary period apply to me ?

2)If yes,Can i alone apply for ILR as soon as i complete my years? if so wha would be the status of my wife at the time of my ILR ?

[ban.s]

1. Yes, this will apply to your future wife
2. Once you receive your ILR, she needs to switch from Tier 1 dependent to FLR(M) and then on completion of new threshold of 5 years, ILR

[win6]

thanks for the reply

what is the FLR(M) ,could you please elaborate

[ban.s]

FLR(M)

[win6]

thanks so much

[MisterLysenkiy]

Ok, as it is quite confusing, what goes with those already in UK. Can we assume on my situation as an example:

I am main TIER1 applicant have entered UK 28/09/2008 and I become eligible for ILR on 02/09/2013 (because of 5 years minus 28 days).

I got recently married and my wife entered UK on 20/05/2012 as my dependant, our visas expire on 10/04/2014.

So on the date of my ILR eligibility she will be in UK for 1 year and 3 months,
on the date our visas expire she will be in UK for 1 year and almost 11 months.

Will an additional TIER 1 extension be a better route for us because we can both get an ILR as fast as on 20/05/2014 or I should get my own ILR as early as possible and my wife is switched to FLR(M) ?

The first approach scares me so much because I have to spend an additional 8 month before getting settled and we all know it is like sitting on a barrel of gunpowder on heat weather. Any mistake can be fatal to our status. Moreover who knows what those UKBA will introduce in April 2014 as they have used to?

My logic is that one of us whoever first (actually me) should get this settlement as early as possible before they actually can throw us out of the country without any chances to return back while the second (my wife) in this case sooner or later will get this ILR. But news this "later" means more than in 5 years instead of circa 2 changes everything.

And the last - as far as I know switching from TIER1 Dependant to FLR(M) will not break continuous stay in the UK as it is processed within UK, is that true?
If yes than it means in worse scenario my wife supposed to demonstrate 5 years of stay in UK (2 years as dependant + 3 years as FLR) in order to get ILR.
But will she face this 5 years requirement despite she granted current leave and entered UK before this rule applies even if she will switch on 02/09/2013 ?

[renzokuken]

I have similar situation with MisterLysenkiy, can anyone help?

[geriatrix]

win6 - No one can tell you as yet, either accurately or in detail, what all requirements will apply to PBS migrants switching to FLR(M) leave after 09-Jul-12. Wait until actual changes to relevant immigration rules are published.

MisterLysenkiy - likewise, no one can answer your question(s) about better / best route to take until such time that the actual changes to relevant immigration rules are clearly spelled out.

This is expected in a couple of weeks, so please hold on to the queries until then.

[win6]

thanks sushdmehta for your reply ,will look forward for the next few weeks

[MisterLysenkiy]

sushdmehta, that goes without saying - until they clarify out all aspects and finally make it a law all the discussions are nothing more than rumours.

so, waiting for the official UKBA guidance covering that.
Thanks everyone for replies, I will keep my eye on that.

[fox2005eng]

hi everyone,

I'm in the UK right now with my fiance and we are getting married this august 2012.

currently I'm on fiance visa/marriage at the moment, where it has been
issued last month from Egypt

however,

as the next step to apply for spouse visa from the country, so when I apply for that visa next September do I still eligible to apply under the previous rules or under the new one?

Thanks in advance.

Bye

[Greenie]

hi everyone,

I'm in the UK right now with my fiance and we are getting married this august 2012.

currently I'm on fiance visa/marriage at the moment, where it has been
issued last month from Egypt

however,

as the next step to apply for spouse visa from the country, so when I apply for that visa next September do I still eligible to apply under the previous rules or under the new one?

Thanks in advance.

Bye

See family migration: statement of intent

[geriatrix]

Win6,
your wife-to-be will be subject to the new requirement of "5 years probationary period" as a PBS dependant. Other than that, it appears that the need for PBS dependants to switch to FLR(M) when they are not eligible for settlement at the same time as the principal migrant is being removed. In such case, your wife will not be subject to any other change being introduced.

MisterLysenkiy,

Anyone who becomes (or became) a PBS dependant before 09-Jul-12 will be subject to the current immigration rules - for all purposes (either extension or switching or settlement). Moreover, as mentioned above, it appears that the need to switch to FLR(M) is being removed. If it is indeed the case, the changes have brought in good news to PBS migrants.

[Greenie]

Sushdmehta - glad you agree with my interpretation! Had to re-read it a few times as it does seem far too logical for UKBA - but it does seem that they have taken out the FLR(M) requirement.

[geriatrix]

Greenie - I was very much in agreement with your views ... just didn't want to comment before seeing the changes.

And yes, good news for PBS dependants, at least the ones who are in a category that leads to settlement ... happy for them.

Strange for UKBA to gift something .... but hey sometimes miracles do happen!

[ukswus]

Can someone please explain. On the one hand, they say that for dependants who received entry clearances/leave to remain before 9 July, the old rules will apply. On the other, they say the following:
On or after 9 July 2012 you apply for entry
clearance, leave to enter or leave to remain
as the partner of a migrant under the Points
Based System.

=>

The new immigration rules apply to your
application. A five year probationary period
to settlement applies. You will need to pass
the Life in the UK test and a B1 level English
speaking and listening qualification to qualify
for settlement.

What does it mean? So, if a dependent enters the UK, say, in 2010, then makes an extension (and gets new leave to remain) in 2013, they will need to meet 5 year cohabitation requirement?

[Greenie]

Greenie - I was very much in agreement with your views ... just didn't want to comment before seeing the changes.

And yes, good news for PBS dependants, at least the ones who are in a category that leads to settlement ... happy for them.

Strange for UKBA to gift something .... but hey sometimes miracles do happen!

But they seem to have taken it away with the other hand on the 5 year rule - do you read 96(ii) as meaning that the dependent has to have PBS dependent leave for the entire 5 years?

[Greenie]

Win6,
your wife-to-be will be subject to the new requirement of "5 years probationary period" as a PBS dependant. Other than that, it appears that the need for PBS dependants to switch to FLR(M) when they are not eligible for settlement at the same time as the principal migrant is being removed. In such case, your wife will not be subject to any other change being introduced.

MisterLysenkiy,

Anyone who becomes (or became) a PBS dependant before 09-Jul-12 will be subject to the current immigration rules - for all purposes (either extension or switching or settlement). Moreover, as mentioned above, it appears that the need to switch to FLR(M) is being removed. If it is indeed the case, the changes have brought in good news to PBS migrants.

Just to add a slight caveat (the statement of changes is very dense and it takes some time to pick through it).

If the PBS dependent's leave will expire before s/he can apply for ILR, and the PBS migrant has ILR already, the PBS dependent will not be able to extend his or her leave as a PBS dependent, but will need to switch on form FLR(M), however, will still be covered by the transitional arrangements and therefore be able to apply for ILR after two years if she applied for PBS dependent leave before 9 July and the application was not decided before 9 July/was granted PBS dependent leave before that date.

[geriatrix]

Not sure if it telepathy or what but I was wondering which topic to post the same scenario in and ask you if you agree! I think of doing it in this topic ... and, surprise surprise, what do I see ....

Where in in the document is this referred to? 91(A280)(c), if I am not mistaken?

[win6]

thanks for your reply and analysis greenie and sushdmehta.

I am still confused ,so if and when i get my would be wife on Tier 1 dependent visa , at the end of 5 years(arnd 2015) when i apply for ILR ,she cant since she would not have completed 5 years (assuming she completed 3 years)

so what would be her status at the point of my ILR,since sushdmehta said"there is no need to switch to FLR(M) as per the changes announced(if i got that right)

[win6]

also E-LTRC.2.1 section b says

(b) specified savings of-
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times (or if
the parent is applying for indefinite leave to remain 1 times) the
amount which is the difference between the gross annual income
from the sources listed in paragraph E-LTRC.2.2.(a)-(f) and the
total amount required under paragraph E-LTRC.2.1.(a); or

so what is the additonal 16,000 pounds other than the 18,600 which is for the spouse

[geriatrix]

I am still confused ,so if and when i get my would be wife on Tier 1 dependent visa , at the end of 5 years(arnd 2015) when i apply for ILR ,she cant since she would not have completed 5 years (assuming she completed 3 years)

so what would be her status at the point of my ILR,since sushdmehta said"there is no need to switch to FLR(M) as per the changes announced(if i got that right)

Greenie has corrected me on that bit of my statement, and he rightly points out that if a PBS dependant is not eligible for settlement by the time dependant leave expires and if the principal PBS migrant has become a settled person / British citizen by then, then the PBS dependant will indeed need to switch to FLR(M).

In your case, since your dependant will be entering (as a dependant) under the new rules, the switch from PBS to FLR(M) will also be under the new rules. Or at least, that is how I understand it will work, given what I have been able to understand from the statement of changes.

It will take a while to fully understand the specific changes and figure out the minute details, so if you are looking for answers in an urgency, you'll need to be satisfied with answers and clarifications, and perhaps corrections too, coming in bits and pieces.

[Greenie]

Not sure if it telepathy or what but I was wondering which topic to post the same scenario in and ask you if you agree! I think of doing it in this topic ... and, surprise surprise, what do I see ....

Where in in the document is this referred to? 91(A280)(c), if I am not mistaken?

Yes that's right 91(A280)(c), (page 14 of the PDF)

This really is the most convoluted statement of changes.

[Greenie]

also E-LTRC.2.1 section b says

(b) specified savings of-
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times (or if
the parent is applying for indefinite leave to remain 1 times) the
amount which is the difference between the gross annual income
from the sources listed in paragraph E-LTRC.2.2.(a)-(f) and the
total amount required under paragraph E-LTRC.2.1.(a); or

so what is the additonal 16,000 pounds other than the 18,600 which is for the spouse

The savings is instead of or in addition to the income if this falls short of the threshold. And just to clarify, as it seems this will be a point of confusion, it is only savings OVER £16,000 that can be counted. So if you were earning £17,600 per year you would have a shortfall of £1000 per year. If you wanted to rely on savings you would need to have £18,500 (£16000 + Shortfall of £1000 multiplied by 2.5 (length of visa))