ILR-Is recent changes effect existing Tier 1 (G) Dependents

[nmm]

Hi All,

Does anyone can confirm if new 5 year residency requirement for PBS dependent effect on exisitng Tier-1 General who are due to apply for ILR this year? Its really frustrating as my wife and children are short of 3 and 1/2 month less of 5 years by nov-2012 when I am due to apply for ILR.

[Somudro]

2. If you applied for and were granted either leave as the spouse/partner/fiance of a settled person/British citizen or as a PBS dependent before 9th July 2012, you will still be subject to the two year probationary requirement and not the new 5 year probationary requirement. When you apply for ILR the current rules in your category will apply for you. This is the case even if you have to make another application for 'leave to remain' before qualifying for ILR for example

- PBS dependent needs apply for further leave so that their spouse can complete his or her 5 years as a PBS migrant,

- a fiance has to apply for further leave as a spouse once the marriage has taken place,

- a spouse of a settled person does not pass the Life in the UK test so needs to apply for further limited leave before applying for ILR

In all of the above scenarios as long as the application which resulted in the original grant of leave as a spouse/partner was made before 9th July 2012, the 2 year probationary period, and (for partners of settled persons) the current accomodation and maintenance reqiurements, will continue to apply.

[nmm]

Thanks, so that doesn't effect existing Tier1 holder!! I understood it wrong.