Settlement criteria for dependents of Long residency

[talkhome]

Can I request guru and senior members to please clarify this statement:

What I have understood after reading the article pasted below from a solicitor website is that PBS dependent of long residence who got entry clearance or limited leave to remain ( Extension of visa) before 09 july 2012 can still apply for settlement after spending 2 years as a spouse vise/family migrant of settled person?

Settlement under the Points Based System for dependants

Corrections are being made to enforce the intention that only dependants of individuals who qualified for settlement under the Points-Based System can apply for settlement as dependants of Points-Based System Migrants. Previously the Immigration Rules allowed dependents of those who qualified for settlement on the basis of long residence to also apply. The change will mean such dependants will need to apply for leave to remain under the 'new' rules for family members in Appendix FM before they can qualify for settlement.

This means that for PBS dependants who are applying to 'switch' into the partner of a settled person route on or after 6 April 2014 will have to apply under Appendix FM of the Rules, and will not be able to combine any leave they have accrued as a PBS dependant with leave as a Partner under Appendix FM.

There are, however, transitional provisions in place for those who were granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence to under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.

Where those on the transitional provision will be affected by these new changes is that they will have to complete the two years for settlement from the time they 'switch' into a spouse visa (as from 6 April 2014, they can no longer combine leave under Part 8 with leave as a PBS dependant).

Unfortunately, those PBS dependants who do not fall into this category will need to wait for five years for settlement from the time they 'switch' into a spouse visa.

Source: Immigration: Changes to the Immigration Rules (from 6 April 2014)

[leon92]

I have similar question in another topic

In my case i don't have got ILR from PBS. Just wondering if my dependant applies for extension under Flr (m) what happens?

Currently she has 2 months left for settlement but her visa is expiring before this

We are under the rules before July 12

[talkhome]

Can Someone please reply to this post?

[talkhome]

Hi,

I am writing to get some advice: I have two options which one would be better:

Option 1: Stay in the UK till next year 2015 and apply under 10 years Long residency?

Option 2: I can get Permanent residency in the EU state through investment ( it takes around 3 months)
Please note: When I say permanent residency, I mean indefinite leave to remain there not the citizenship but obviously
I will be qualified for citizenship after staying 5 years there.

I personally would like to stay in the UK given that my wife is here with me and daughter was born in the UK studying at school full time she is 5 years old.

But I have concern; Perhaps by mid of next year 2015 Gov will change 10 years long residency rule and we will be asked to leave nicely. Although this information is not confirmed by Gov neither decided yet but still concern is there.

Does anyone would like to share their point of view on any expected changes '10 years rule' in the next 12 months?

[Amber]

There are no changes expected in the next 12 months, that I'm aware of.

[gazijazhar]

Hi,

I am writing to get some advice: I have two options which one would be better:

Option 1: Stay in the UK till next year 2015 and apply under 10 years Long residency?

Option 2: I can get Permanent residency in the EU state through investment ( it takes around 3 months)
Please note: When I say permanent residency, I mean indefinite leave to remain there not the citizenship but obviously
I will be qualified for citizenship after staying 5 years there.

I personally would like to stay in the UK given that my wife is here with me and daughter was born in the UK studying at school full time she is 5 years old.

But I have concern; Perhaps by mid of next year 2015 Gov will change 10 years long residency rule and we will be asked to leave nicely. Although this information is not confirmed by Gov neither decided yet but still concern is there.

Does anyone would like to share their point of view on any expected changes '10 years rule' in the next 12 months?

Hi talkhome,

Where did you get information 10 year rule will change nexf year?