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Dependent VISA - PBS Dependent Form or FLR(M)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ritesh292
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Dependent VISA - PBS Dependent Form or FLR(M)

Post by ritesh292 » Wed Oct 07, 2015 5:04 pm

Hello,

My wife entered UK in April 2013 on Tier 2 Dependent(ICT PBS Dependant VISA) while I was on Tier 2 ICT during that time. Her PBS dependent VISA is valid till January 2016.

I got my ILR on May 2015. As per the rules she will be eligible to apply ILR after 5 yrs in the UK which means another 30 odd months.

Should she be applying for Tier 2 PBS dependent extension or FLR(M)??

o If Option 1 - Tier 2 PBS dependent - I am no longer working with the same firm which had sponsored my ICT. So can she still apply for Tier 2 PBS dependent when I am no longer with the same firm?

o If Option 2 - FLR(M) - Won't the counter for ILR get reset as soon as she moves to FLR(M)?

Could someone please kindly advise me on the above?

Thanks in advance.

Thanks,
Ritesh

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CR001
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Re: Dependent VISA - PBS Dependent Form or FLR(M)

Post by CR001 » Wed Oct 07, 2015 6:54 pm

o If Option 1 - Tier 2 PBS dependent - I am no longer working with the same firm which had sponsored my ICT. So can she still apply for Tier 2 PBS dependent when I am no longer with the same firm? It makes no difference, she is your dependent NOT the company's dependent. She can apply on PBS Dependent form provided you DID NOT get ILR based on long residence of 10 years.

o If Option 2 - FLR(M) - Won't the counter for ILR get reset as soon as she moves to FLR(M)? The ILR counter will be reset to zero and it will be another new 5 year wait for ILR.
Char (CR001 not Casa)
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ritesh292
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Re: Dependent VISA - PBS Dependent Form or FLR(M)

Post by ritesh292 » Wed Oct 07, 2015 7:02 pm

Hi,

Thanks a lot for the quick response. This is of great help.

I got my ILR after completing 5 years in Tier 2 ICT so will go ahead and apply her extension on PBS Dependent.


Thanks,
Ritesh

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CR001
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Re: Dependent VISA - PBS Dependent Form or FLR(M)

Post by CR001 » Wed Oct 07, 2015 7:46 pm

If she stays as Tier 2 ICT Dependent, she is exempt from paying the immigration health surcharge (£200 per year upfront).

If she switches to FLR(M), she has to pay it, £500 upfront for first 2.5 year visa on top of the visa fee.
Char (CR001 not Casa)
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ritesh292
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Re: Dependent VISA - PBS Dependent Form or FLR(M)

Post by ritesh292 » Sat Oct 10, 2015 5:05 pm

Hi,

This perfectly answers my query. Thanks a ton for the help.

Regards,
Ritesh

ritesh292
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Re: Dependent VISA - PBS Dependent Form or FLR(M)

Post by ritesh292 » Sat Oct 10, 2015 6:47 pm

Need another quick help. In the TIER 1, 2 OR 5 DEPENDANT APPLICATION FORM

Section M
M5; Under which category of the Points Based System has the main applicant applied?
Tier 1 (General) - go to M6
Tier 1 (Entrepreneurs) - go to M7
Tier 1 (Graduate Entrepreneur) - go to M10
Tier 1 (Exceptional Talent) - go to Section N
Tier 1 (Investors) - go to Section N
Tier 1 (Post Study Work) - go to M7
Tier 2 (General) - go to M11
Tier 2 (Intra Company Transfers) - go to M11
Tier 2 (Minister of Religion) - go to M11
Tier 2 (Sportsperson) - go to M11
Tier 5 (Temporary Worker) - All categories - go to M11


Since I have ILR already? What should tick I fill in this checkbox.

Regards,
Ritesh

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CR001
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Re: Dependent VISA - PBS Dependent Form or FLR(M)

Post by CR001 » Sat Oct 10, 2015 7:08 pm

I would guess this one
Tier 2 (Intra Company Transfers) - go to M11
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Re: Dependent VISA - PBS Dependent Form or FLR(M)

Post by sushildelhi » Sun Oct 11, 2015 10:48 pm

Hi,
One of my friend is in the same situation and he got his ilr on long residence basis last year. His wife is tier 4 dependant visa as my friend was on tier 4 visa before his ilr. Now as his wife's visa (tier 4 dependent) is going to end he is just about to send flr(m) application on my advice - it looks from this post that his wife can extend her PSB dependant visa (tier4 dependant visa) and no need to go for(m)- is it correct or am missing here something. She only need one year to cover her 10 year period.
Your early help would be much appreciated as they are going to send off asap.

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Re: Dependent VISA - PBS Dependent Form or FLR(M)

Post by vinny » Sun Oct 11, 2015 11:04 pm

No. There are no provisions in 319C that permits a PBS Partner to extend, when the PBS Migrant was granted ILR under Long Residence.
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