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Dependants of PBS (Tier 1 General, Tier 2) migrants

April29

Spouse / Partner
1. The dependant is subject to qualifying residential period to be eligible for settlement. For the duration of qualifying residential period and associated conditions that may apply, see Note below.

2. If the dependant has completed the relevant qualifying residential period at a time that the principal migrant applies for settlement and meets the other requirements then the dependant may be included in the principal migrant’s settlement application.

3. If the dependant has not completed the qualified qualifying residential period at the time that the principal PBS migrant applies for settlement, then:
a) If the PBS dependant’s current leave will expire after he/she has completed the qualifying period and the dependant meets the other requirements for settlement then the dependant may apply for settlement directly (319E).
b) If the PBS dependant’s current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave is also an option but extending PBS dependant leave is simpler (e.g. – only maintenance funds to be shown, no English language requirement) ***** CHANGES 6th April 2014 *****.
c) Doctor / dentist dependant with employment restriction – For PBS dependant who is a doctor / dentist but does not satisfy 319D(b)(iii) should consider switching to FLR(M) at the earliest opportunity to become free from the employment restriction, instead of continuing on PBS dependant leave.

Note:
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. ***** CHANGES 6th April 2014 *****
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”.

New Fees from 6th April 2014

April4

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279536/Fees_Table_April_2014.pdf

 

General Questions Answered

February15

Employment Routes: Continuous Residence

Q.  When does my 5 year continuous period for settlement (ILR) start?

A. The continuous period is counted backwards from the date of application
for ILR.

Example: Application date 11 November 2012

Year 1    11 November 2012          to 12 November 2011

Year 2    11 November 2011          to 12 November 2010

Year 3    11 November 2010          to 12 November 2009

Year 4    11 November 2009          to 12 November 2008

Year 5    11 November 2008          to 12 November 2007

Q.  I received my grant of leave but delayed my entry to the UK by two
months, have I broken the 5 year continuous period for ILR?

A. No.  Provided the delay was no longer than 90 days, we will count the
time between you being granted entry clearance and coming to the UK
towards the continuous period for ILR,

Q. If I delayed my entry to the UK by less than 90 days, can I still apply
at a PEO 28 days before my leave expires?

A. Yes you can still make your application at a PEO 28 days before your
current leave expires

Q. I have been absent from the UK for annual holidays, and to attend a
number of business meetings; have I broken my 5 year continuous period for
ILR?

A. If your absences within any 12 consecutive month period of the 5 year
continuous period do not exceed 180 days, you will not have broken the
continuous period for ILR.  You must provide evidence of all absences.

Q. I have been absent from the UK on business trips and have exceeded the
180 day limit over one or more of the 12 consecutive month periods; have I
broken my continuous period for ILR?

A. Yes, even if the180 day limit is exceeded by only 1 day.

Q. If I have been outside of the UK for less than 24 hours, will this
count as one day’s absence from the UK?

A. No, only whole days will be counted towards the 180 day limit

Q I was a work permit holder, but will be applying for settlement as a
Tier 1 (General) migrant, do I need to provide evidence of work related
absences for both periods of leave?

A. Yes, you are required to submit evidence of all absences in both of
these categories of leave.

Q. I was absent for 95 days in a single absence, have I broken the
continuous period for ILR?

A. No, a single absence exceeding  90 days will not break continuity, but
continuity will be broken if absences in any of the12 consecutive month
periods that make up the continuous period exceed 180 days.

Q. My absences exceeded the 180 day limit in one year of my 12 consecutive
month periods, can this be disregarded if my employer provides evidence
that it was essential to the business?

A. No.  There can be no discretion applied to any absence exceeding 180
days in any of the consecutive 12 month periods of the continuous period.

Q. I was absent for more than 180 days in one of my consecutive 12 month
periods, but had no further absences from the UK throughout the remainder
of my continuous period.  Was my continuous period broken?

A. Yes.  Regardless of absences in any other 12 month period, if the 180
day limit is exceeded in only one 12 month period, continuity will be
broken.

For more details, please also see the following link to the Continuous
Residence guidance on our website:

http://www.ukba.homeoffice.gov.uk/siteco…

Long Residence (10 Years): Continuous Residence

Q. I have previously made an application for further leave to remain 7
days after my original leave expired. Will my residence in the UK be
deemed as legally continuous?

A. A single period of 10 days or less with no valid leave to remain in the
UK will be disregarded and so for these purposes your legal leave shall be
deemed to have been continuous.

We will also allow your ILR application to be submitted up to 28 days
after your last period of further leave expires.

Family Members: Continuous Residence

Q. I need to meet a qualifying period before applying for settlement
(ILR). When does this period begin?

A. If you entered the route overseas, the qualifying period will begin
when you arrive in the UK. If you ‘switched’ into the route within the UK,
the qualifying period begins on the date you were granted leave.

Family Members – Transitional Arrangements

Q. I was granted leave onto the Family route before the Rules change on 9
July 2012. Do I need to meet the new Rules at my next application?

A. No, anyone granted leave on the basis of the Rules in place before 9
July 2012 will need to meet those Rules when applying for further leave or
settlement. Please see our website:

[3]http://www.ukba.homeoffice.gov.uk/visas-…

Family Members – Financial Requirement

If you need to meet the financial requirement, guidance on this is
available on our website:

[4]http://www.ukba.homeoffice.gov.uk/siteco…

English Language requirement for Leave to Remain as a Family Member

Q. Do I need to meet the English Language requirement?

A. You will need to meet the requirement if you are applying for Entry
Clearance or Leave to remain as a Partner or as a Parent of a person
settled in the UK.

Q. What can I do to meet this requirement?

A. You can meet the requirement in one of the following ways:

·        by passing an acceptable test at a minimum level A1 of the Common
European Framework of Reference for Languages (CEFR) with an approved
provider, or

·        by being a national of a majority English speaking country, or

·         by having an academic qualification equivalent to a Bachelor’s
or Master’s degree or PhD in the UK, which was taught in English.

Further information is available on our website:

[5]http://www.ukba.homeoffice.gov.uk/visas-…

Q. Is this the same as the Knowledge of Language and Life (KOLL)
requirement at Settlement and Citizenship?

A. No, this is a separate requirement and asks for a different level of
English. Unlike KOL, you cannot use the Life in the UK test to meet this
requirement.

Knowledge of Language and Life (KOLL) requirement for Settlement

Q. The Life in the UK test is changing on 25 March 2013. If I take my test
before then, will my Pass Notification Letter (PNL) be invalid?

A. No, there is no expiry date for PNLs. You can still use your PNL if you
make your application to UKBA after 25 March 2013.

Further information on the current ways to demonstrate the KOLL
requirement is available on our website:

[6]http://www.ukba.homeoffice.gov.uk/visas-…

Dependants of Points Based System (PBS) Migrants

Q. I am the dependant of a PBS Migrant who has now become settled in the
UK. Do I need to switch into the ‘Partner of a Settled Person’ category?

A. This will depend on how the PBS Migrant applied for settlement. If they
were granted on the basis of being a PBS Migrant (under Tier 1 or Tier 2)
then you will not need to switch and you can apply for an extension as a
PBS dependant until you meet the requirements for settlement yourself.
Apply for further leave on the ‘PBS Dependant’ application form.

If the PBS Migrant applied for settlement under the Long Residency
provision, then you can no longer be considered as a PBS Dependant and you
must apply for Leave to Remain as the ‘Partner of a Settled Person’ on
application form FLR(M).

Further information is available on our website:
[7]http://www.ukba.homeoffice.gov.uk/policy…
provisions

Q. I switched into the ‘Partner of a Settled Person’ category before 9
July 2012; do I begin my qualifying period again?

A. No, you can combine leave as a PBS dependant with leave as the partner
of a settled person to meet the qualifying period under paragraph 287.

Q If I have leave as a PBS dependant, what form do I use when I apply for
settlement?

A Form SET(O)

Q If I have leave as a Partner of a Settled Person what form do I use when
I apply for settlement?

A Form SET(M)

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