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Confusion on dependant's continuous stay

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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hsyasin
Member
Posts: 174
Joined: Mon Jul 19, 2010 12:27 pm
Location: UK

Confusion on dependant's continuous stay

Post by hsyasin » Thu Jan 30, 2014 1:13 pm

Hey all,
I've been just looking around for info about dependant's continuous stay with main T1-general migrant and have found out confusing points, could experts please help me clarify this.
The info that I found on forums and also on this forum says:
Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will always be subject to rules in place before 09-Jul-12. The PBS dependant must have lived with the principal PBS migrant in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)(i)). This "2 year" period need not be as a "dependant" and need to be "continuous". *** Probably unchanged? *** These requirements and conditions apply both when extending leave as PBS dependant (319E(d)(i)) or if switching to FLR(M) leave (287(a)(i)(d) or 287(a)(i)(e)) any time during the 2 years period to become eligible for settlement.
Entry clearance application as PBS dependant submitted on/after 09-Jul-12: The PBS dependant will be subject to the new rules introduced on 09-Jul-12. The PBS dependant will be eligible for settlement only after completing 5 year probationary period as a dependant of the principal migrant (319E(d)(ii) or E-ILRP.1.3.). This "5 year" period need not be "continuous".
Now I went to look at point 319E which says:
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:
(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of
Now the part thats confusing me is,
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
So, does this apply to my wife who came here in Sep2013 and I'll be applying for ilr in Feb2016, can she apply with me at the same time or will she have to wait 3more years?
Also could someone also clarify what does This "5 year" period need not be "continuous". mean, can she stay here with me for 3years and then go with me abroad and then and then come after 2years to apply for ilr?

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