Damanisshallo wrote:mishfitt wrote:even though we applied on 7 Sept with the correct app.
Is this the first time you've applied under this category? If so they are right. However, I suspect you might've filled in the wrong section (Which relates to Pre-9 July applicants) hence they've mentioned that you've refused under old rules and the good thing is they've still approved yourselves under new rules.
UKBA are like loose springs they can jump which ever way they want.
I am still not yet clarified with this new and old rule. Could someone help to explain it further to me.
My case is that I have been a Tier 4 dependant for 9 years and now applying for FLR M following my husband having ILR on 10 year basis.
According to a post by Sushmehdta, see below:
(For anyone who applied .. for the very first time .... for leave as a "dependant" (of PBS migrant) .... before 09-Jul-12, then:
1. if you need to switch to FLR(M) and then apply for settlement later, you will remain subject to the current immigration rules and not the new rules becoming effective on 09-Jul-12, and
2. the qualifying period for settlement is 2 years.
For anyone who applied .. for the very first time .... for leave as "spouse/partner" (of settled person or British citizen) .... before 09-Jul-12, then:
1. if you need to extend using FLR(M) for some reason and then apply for settlement later, you will remain subject to the current immigration rules and not the new rules becoming effective on 09-Jul-12, and
2. the qualifying period for settlement is 2 years.
For anyone who applied .. for the very first time .... for leave as a "dependant" (of PBS migrant) or "spouse/partner" (of settled person or British citizen) .... after 08-Jul-12, then:
1. you will be subject to the new immigration rules becoming effective from 09-Jul-12, and
2. the qualifying period for settlement will be 5 years.)
WHICH of these situations will apply to me. Will i be considered under the old rule, being that i was already a dependant, or the new rule, because this is my first time of applying for spouse of a settled person visa?
Any help will be appreciated.