rgurung wrote:
Thanks Damanisshallo and Spidery. Conflicting replies made it even more confusing;). As Damanisshallo refers to the latest publication, my question is: does the new change apply to those who had been granted entry/extension as spouse before July 2012. There are instances in the Statement where July 2012 has been referrerd to as a point of separation between the applicability of old and new rules. Could July 2012 make a difference?
Until 6th April 2013...
If you were granted a dependent on points based visas (i.e., any Tiers regardless 1,2,4) before 9 july 2012 you can apply for ILR provided you have finished the qualifying period of 2 years. Sometimes they insisted to get an FLR(M) and then SET(M) and sometimes they gave SET(M) without FLR(M)... as we have seen few cases..
If someone gets their dependent visa after 9th july 2012 they should wait 5 years to get ILR
until here its easy and simple
After 6th April 2013
they separated the Tier 1,2 and 4 now they are saying 1,2 will have the same rules applied
pre 6th April 2013 and 4 cannot get their ILR because their sponsor's visa doesn't qualify for ILR...
So the question is if a tier 4 dependent converts to FLR(M) once the sponsor get ILR through 10 yr LR... do they come into pre-9th july rules if they have been granted their 1st dependent visa before 9th july 2012 (OR)
they will be starting a fresh dependent (FLR(M)) visa..
I personally think... that they will be starting a fresh dependent visa...which will fall under post 9th July 2012 rules and they will have to wait 5 years to get a ILR..
This is my interpretation of the rules I read...but there could be difference of opinions
Lets see what others come up with