New Rule for ILR (LR) Dependant from April 2014?

[mnaeem126]

Hi Seniors!
I just phoned home office and was told that my partner's ILR qualifying period would start from zero if I go on ILR Long Residence. The lady said said "it is new change from April 2014 for SET (LR) partners". I qualify for ILR (LR) in September 2014 but partner's ILR qualifying period would be 5 years starting from zero if she switches to SET (M) after FLR (M) according to home office.
Case is:
Student Visa: Sep 2004 - June 2009
PSW (Point Based): June 2009 - June 2011
Tier 1 (General): April 2010 - May 2015
Partner:
PSW Dependant Partner: Visa Issue Date: Dec 2009 - June 2011
Entry to UK: March 2010
Tier (1) General Partner: April 2010 - May 2015.

Can anyone advise me please in this regards. Thanx in advance!

[CR001]

Yes, the changes came in on 6th April 2014.

If you obtain ILR through long residence, you partner needs to switch to FLR(M) before her PBS visa expires. FLR(M) will be issued for 2.5 years and will need to be renewed for a further 2.5 years. Your partner can then apply for ILR on Set(M) once 5 years residence has been reached. There is a significant cost associated with each of these steps/applications

In my opinion, you would be better off waiting to apply for ILR in May 2015 as a PBS migrant as then your partner can apply for ILR at the same time as you.

If you apply SET(LR) in September, you must remember that these applications can take 6 months, which would bring you almost to May 2015, when you could have applied at PEO in person as PBS and PBS dependent.

[kashnex]

Hi
what if you have applied in January 2014. for ILR, and SET(M) for dependent and still waiting would this new rule apply for their dependent as well?
thanks

[CR001]

Hi
what if you have applied in January 2014. for ILR, and SET(M) for dependent and still waiting would this new rule apply for their dependent as well?
thanks

If you applied for ILR based on 10 years long residence, your dependent, if on PBS dependent route, should have applied on FLR(M) as spouse of person settled and not Set(M).

As FLR(M), if this was what was applied for, would only be considered once your ILR on Set(LR) is granted, I am not sure which date would be taken into consideration for dependent application.

[Amber]

The date of application would be the important date.

[kashnex]

Thanks for the prompt reply CR001 and Amber
sorry it was my mistake I've applied FLR(M) for dependent...... I hope they should consider the date I applied for dependent when I go for ILR after getting my ILR granted
thanks

[sancha]

Can a tier4 dependant stay on tier4 dependant visa after main applicant get ilr on long term basis and apply ilr on his/her own basis when complete 10 years?
What would be the impact on dependant ilr if main applicant leave study just after getting his ilr. Is his dependant still have a valid tier-4 dependant visa until their own ilr eligibility ?
We will appreciate your thoughts and advise on above.
Thanks

[Kaleem Ahmed]

Hi All;
On 06/04/2014 the drastic changes have been made in immigration rules for pre 9th July, 2012 PBS dependents, if the main applicant gains indefinite leave to remain based on 10 years of long residence.
According to new rules those dependants cannot combine any time spent as PBS dependent with FLR(M) to qualify for ILR and their qualifying time period of 5 years will start from the day they are granted an FLR(M).
Under the new rules you have to meet the minimum income threshold of £18600 as well or even more if you have non UK born children.
There are lot of people who are being affected adversely with this change in rules.
We are now about to challenge the rule. Please come forward and join hands together for common cause and join us on Facebook page.

[Govska]

I have just been affected by the new rule for ILR and I came across your page because I am looking for the right lawyer to appeal my case because I was given a full right of appeal. I got my ILR on 10 year long residence switching from PBS T1, my wife has been my dependants since 2006 when she joined me as a student and my kids are also my dependants, I switched them to FLR (M) a month ago and proceed to apply for their ILR but they were refuse saying their human right claim has been refused? I know that my wife will qualify in her own right for ILR on 10 year rule next year but otherwise all my children and her are expected to spend another 5years before qualifying for ILR. It is massive cost for children of University age? Is there any hope in this case?

[iworker]

its gone through an act of parliament and hence is a law. It would be foolish to appeal against it.
if your kids are below 18, then once your wife get ilr on basis of 10 years, they should be eligible to apply for ilr as well.

[Govska]

Thank you for your response, the kids will all be over 18 by the time their mum qualify for the 10year rule, what is their fate?

[Govska]

I mean't that all the children will be above 18years this year and their mum qualifies next year on the 10 year rule. What is their fate? The new law sound extremely inhuman!

[G M]

Dear all,

Hope you all well. Please if you can kindly respond to my inquiry.

I am on ILR (Long residence) visa received June 15 (This month). I will be sponsoring my wife in January 2016.
I am contracting on limited company. Please can anyone kindly send me the list of all the documents required from my side as well as her side and how will I meet the salary threshold while working on limited company.

Thanking in advance.

Thanks
Ghazali

[vinny]

I mean't that all the children will be above 18years this year and their mum qualifies next year on the 10 year rule. What is their fate? The new law sound extremely inhuman!

Perhaps they may be lucky. Won't they qualify under Long residence too?

[vinny]

I am on ILR (Long residence) visa received June 15 (This month). I will be sponsoring my wife in January 2016.
I am contracting on limited company. Please can anyone kindly send me the list of all the documents required from my side as well as her side and how will I meet the salary threshold while working on limited company.

See also Appendix FM-SE.