New rules allow migrants to switch into "PBS dependant" status without leaving the country

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Changes in the Immigration Rules coming into effect on 1 October 2013 allow in-country switching into a PBS dependant category. Kadmos Consultants comment on importance of the forthcoming changes.

Immigration Lawyers

Kadmos Consultants Immigration Lawyers London

This added flexibility in the Immigration Rules is likely to be counterbalanced by the announced government intention to remove in-country right of appeal from unsuccessful applicants

Statement of Changes in the Immigration Rules, HC 628, provides for the rights of migrants to change their immigration status to that of a dependant of a Points Based System migrant without the requirement to leave the country and apply for entry clearance from abroad.

This provision will put family members of migrants with continued right to remain in the UK in work permitting routes in line with family members of British citizens or persons settled in the UK.

Until now, family members of Points Based System migrants had to obtain entry clearance from their home country in order to join their partner in the UK. From 1 October 2013 this requirement is lifted for those present in the UK with leave to enter or remain originally granted for more than six months.

Visitors and short term students in the UK will be unable to change into a PBS dependant category.

Tier 4 migrants, Post-Study work migrants who have been unable to secure employment with a Tier 2 sponsor, and Tier 2 migrants whose employment contract has terminated are the most likely beneficiaries of the new provisions.

This added flexibility in the Immigration Rules is likely to be counterbalanced by the announced government intention to remove in-country right of appeal from unsuccessful applicants (1) for extension of stay. It is important that any application for variation of leave be made in strict adherence to the rules, and professional help in the application process is highly recommended.

Kadmos Consultants is a London based firm of immigration lawyers who specialise in all matters related to UK immigration, including work related immigration, family immigration, rights of family members of UK national children and EU nationals, applications for indefinite leave to remain and British nationality.

(1) http://www.theguardian.com/uk-news/2013/sep/30/tories-curb-right-appeal-deportation?CMP=twt_gu

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