Greenie wrote:Just thought I would write a hopefully short post to answer the questions that many people have asked as to who the changes will apply to
Some key points about the changes.
1. The new rules will
primarily only affect those who apply for leave as a spouse/CP/unmarried partner/fiance of a settled person or a PBS dependent
AFTER 9th July 2012.
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.
3.
If you have made an application as a PBS dependent or spouse/partner etc of BC/settled person before 9th July 2012 and you are waiting for a decision your application will be considered under the current rules and if successful you will be granted leave under the current rules (pre 9th July 2012 rules). If your application is refused and you appeal, your appeal will be considered according to the current rules
4. If you made an application before 9th which has been refused and you appealed], your appeal will be considered according to the current rules
5.
For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:
-
If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
-
If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements.
6.
All applicants, regardless of of when they applied for their leave, will be subject to the
new English language/Life in UK test requirements if they apply for ILR after October 2013 (
7.
The changes to the income thresholds (i.e. the minimum income of £18,600 for a couple) only apply to applications for ILR as the spouse of a a settled person. They do not apply for PBS dependents applying for ILR as PBS dependents.
8.
Anyone who is applying for leave to remain/a visa in one of the relevent categories on or after 9th July will be subject to the new rules, and probationary periods. This includes if you have previously made an application before 9th July under the old rules, which was refused, and any appeal was also dismissed.
The changes to the rules are set out in detail in the
statement of intent and the
statement of changes
These documents are detailed but they do include summaries and it would be helpful if you could read them and have a look around the board first before posting a question about the changes. As you can understand we have all had as much notice as you of these changes and experience members/moderators are also trying to get to grips with the new rules.
