faz28 wrote:JAGOO wrote:faz28 wrote:JAGOO wrote:1. FAZ28, please read the following post which further strengthen that we wud need to switch to FLR(M) and not ILR.
2. I think that we might also have to spend 5 years before we can apply for ILR.
3. I do no think so that we wud be able to apply for ILR after 2 years and after reading the new FLR(M) form we wud need to complete 5 years.
http://www.immigrationboards.com/viewtopic.php?t=87813
1. Yes I think we need to apply flr(m) but if u see the dates in the post he applied ilr before these new rules came so his wife's ilr was refused at that time. So don't know what would have happened under new rules.
2. Again I don't think the new rules will apply to us. Aren't we covered by part 8 family rules I showed above. We are not just PBS migrant switching to spouse. We are PBS dependent (category under part
![Cool 8)](./images/smilies/icon_cool.gif)
switching to spouse visa.
1. I know but the point was that the reason for rejection is that the dependent did not spend two years as a partner of a settled person.
Yes ur right if ilr was obtained under long residence their dependents need to switch to spouse visa. Check ur pm.
1. Thnx for the info and that makes abst. sense now that we wud need to switch to FLRM(M).
2. Now the issue is that as it was stated that the leave can be amalgamated (after switching to FLR(M)) so 2 years can be counted with leave as a PBS (our case only) plus the FLR(M) leave which makes sense.
3. But that wud be the case if we had switched before 9th July 2012 and now the question is that wud that still be the case if we switch after 9th July 2012 on FLR(M).
4. My opinion is that as we did not switch before 9th July 2012 as a dependent of a settled person so we can not amalgamte the previous leavea nd wud come under new rules.
5. Remember, to be under the old rules and according to the UKBA website, "if the leave was granted (before 9th july 2012) as a spouse of a settled person then you need to meet the rules before 9th July".
6. In our case that did not happen.
I wait for your reply according to these points....