ILR for Tier 1 G dependent

My case was kind of confusing.

My wife joined me as an Tier 1 General Dependent on 18/10/2012 (after 09/07/2012)

I got my ILR via Tier 1 General on 04-04-2013. at that time, my wife extended her visa to 04/2015 as PBS dependent.

I was told by an agent that My wife can apply for ILR as PBS dependent by two years route. that means she can apply for ILR on 10/2014.

But I just went through the forum and it looks like she has to wait for 5 years. that is she cannot apply for ILR until 10/2017

Does anybody know if she can apply for ILR on this Oct by the two years route? Or she must wait for five years?

can you please show me the relevant documents?

thanks in advance.

When was your spouse granted PBS dep leave initially?

Amber wrote:When was your spouse granted PBS dep leave initially?

Her first tier 1 general dependent (pbs dependent) visa was granted on 18/10/2012

New rules, 5 years.

Amber wrote:New rules, 5 years.

thank you very much, Amber

can I ask when the policy changed for Tier 1 General (Tier 2) Dependents?

Policy changed in July 2012. It appears your wife entered after 9th July 2012, so she has to wait for 5 years.

Your advisers should have known.

When your wife switched to family member, how long did she receive following the FLR application?

Obie wrote:Policy changed in July 2012. It appears your wife entered after 9th July 2012, so she has to wait for 5 years.

Your advisers should have known.

When your wife switched to family member, how long did she receive following the FLR application?

I don't think the policy for Tier 1 General dependent was changed on July 2012.
from my research, on July 2012 the policy was applied to Spouse Visa, etc. on the second time, the policy was apply to tier 1 general dependent and tier 2 dependents.

my wife was still on PBS dependent, I think I can extend her visa for another 3 years.

colin.reed wrote:

Obie wrote:Policy changed in July 2012. It appears your wife entered after 9th July 2012, so she has to wait for 5 years.

Your advisers should have known.

When your wife switched to family member, how long did she receive following the FLR application?

I don't think the policy for Tier 1 General dependent was changed on July 2012.
from my research, on July 2012 the policy was applied to Spouse Visa, etc. on the second time, the policy was apply to tier 1 general dependent and tier 2 dependents.

my wife was still on PBS dependent, I think I can extend her visa for another 3 years.

Really. Well if you think we are wrong, you can proceed with your application.

If you think 319E(d) is wrong, then you are at liberty to proceed.

Yes you can extend her leave by a further 3 years as a PBS dep but she'll still have to have 5 years as a PBS dep for SET(O).

Yes i missed the last bit of his statement.

I was focused on his statement that there has been no change.

I agree that she can extend without need to switch to the FM route, but she cannot secure ILR with you in October, which was your original query. She will need a further 3 years extension, and she will qualify under 319E after that.

So again, the rule change did not only apply to spouses of settled person it also applied to spouse of PBS migrant, contrary to what your research might have disclosed.

Obie wrote:Yes i missed the last bit of his statement.

I was focused on his statement that there has been no change.

I agree that she can extend without need to switch to the FM route, but she cannot secure ILR with you in October, which was your original query. She will need a further 3 years extension, and she will qualify under 319E after that.

So again, the rule change did not only apply to spouses of settled person it also applied to spouse of PBS migrant, contrary to what your research might have disclosed.

Thank you!

we will extend her visa as PBS dependent for another 3 years.

Amber wrote:Yes you can extend her leave by a further 3 years as a PBS dep but she'll still have to have 5 years as a PBS dep for SET(O).

Thank you! I am clear now.

Hi
• I am working in the UK since 7/7/2009 with a Tier 2 Visa to start with. My wife accompanied me since then. We changed together to Tier 1 visa(and wife as dependent) on 23/3/2010.
• My wife went to India for a course of 5 months from 2/12/2010 till 11/05/2011 before coming back to the UK.
• She went to India again on 24/08/2012 for maternity reasons. While in India, her Tier 1 Visa expired on 23/03/2013. I was in UK at that time and was able to extend my Tier 1 visa till 19/04/2015. We couldnot extend the visas together witout a break as my wife was in India.
• Our daughter was born on 6/5/2013.
• Only then we could renew the Tier1 dependent visa for my wife and got a new visa for my daughter while in India. The surname of my wife was also changed (to spouse surname) and this required the renewal of the Indian passport. This was all done together by June 2013.
• They have come over to the UK only now in August 2014 to join me.

I would appreciate if you can clear my queries below.
o I am now due for the ILR from 7/7/2014 onwards. I was wondering if there is anyway my wife and daughter can also apply for the settlement along with me. Would you please advice me regarding this.
The Points against my wife's eligibility would be
a) Absence from the UK for 5 months during the initial leave to remain granted on 11/06/2009 first arrival to the UK from 7/07/2009 till 23/08/2012. In between we had minor travel outside the UK (not more than 3 weeks)

b) The absence of my wife for nearly 2 years from the UK (23/08/2012 till 4/08/2014.

c) The break in the continuous leave from 23/03/2013 till 20/06/2013 (3 months ) as her visa expired while she was in India. Hence it in not unlawful.

Regardless, she has fullfilled the requirements for the PBS dependents to apply for the ILR when initial leave was granted before 9/07/2012. My worries would be the above points may counter her eligibility in any way.

o If this would not be possible, what are the alternatives for them. Would you advice me to go ahead and apply for the ILR or wait until the expiry of our visas? If so would the validity of the dependent visas be affected? Can they travel in and out of UK till 19th April 2015 when their Tier 1 visa expires.
o How long they would have to wait till ILR application is possible. Would they have to wait for another 5 years with FLR applications?
o If my wife is not eligible, would my daughter be eligible now for ILR as my wife is lawfully living in the UK till April 2015? My daughter only travelled to the UK for the first time by 4/08/2014.

Any advice from the members would be much appreciated.