Tier1 general dep extension - FLR M or PBS Dep ?

Hi,
I am here in UK as Tier -1 general Dependant visa which expires on Aug 26th 2014.
And My husband will be going for ILR though premium service 6th Aug 2014.
My husband Visa details:
Tier -1 (Visa date):26/08/2009
Tier -1 extension (visa date): 20/08/2012
Tier -1 visa expiry date: 26/08/14

My Visa details: visa granted date: 07/01/2013
Entry date into UK: 10/06/2013
Expiry date:26/08/2014
I do not qualify for the ILR at the same time as my Husband- Because I got the entry clearance visa after July 2012 and will not complete qualifying 5 year residential period.

Please advise on which visa do I have to extend my stay (PBS Dependent Visa or FLR (M)) ?

I'm meeting requirements for both applications.
1. we have funds maintained 695 for more than 90 days period.
2. I have Masters studied in Uk - English Language requirement proof
3. Income proof incase of FLR - more than £18,600.

When I check in UKVI https://www.gov.uk/remain-in-uk-family/exceptions, they said If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category. according to this I have to use PBS Dependant.

But PBS is more expensive than FLR, SO IF I can use FLR-M I would prefer this.

But according to forums FLR-M also OK, But When I called UKVI they telling that I should use PBS Dep form.

So , I'm confused PBS dependent or FLR -M ??

Any help is greatly appreciated. Please can anybody advice me?

Thanks,
Tir

The form is https://www.gov.uk/government/uploads/s ... _07-14.pdf

Hi Amber, Thanks very much for your quick reply.

SO u confirm that FLR - M is not suitable for me and I have only one way to extend my visa through PBS dependent form.

Thanks.

Indeed, if you switch to FLR(M) you'll reset the 5 year qualifying period.

Amber wrote:Indeed, if you switch to FLR(M) you'll reset the 5 year qualifying period.

Hi Amber,

I have only spent 14 months as a dependent, I have to spend 3.10 years but PBS costs me 2007 pounds in person and need to go for 2 extensions, because the maximum they extend is 3 years I guess.

II really don't mind FLR-M reset the ILR qualifying period , because it cost 1001 Pounds and need to go 2 extensions.

My concern is am I allowed to apply as FLR-M or not?

FLR-M 07/2014 guidelines they mentioned that You must not use this form to make an application
for an extension of stay in the following categories:
• As the partner of a person granted indefinite
leave to remain in a work route, if you are
currently in the UK as their dependant. See our
website for further details: https://www.gov.uk/
visas-immigration[/i][/i]

FLR(M) also has both a Financial and English Requirement. If you extend as a PBS applicant by post and then ILR by post with a variation you shouldn't need more than 1 extension.

Amber wrote:FLR(M) also has both a Financial and English Requirement. If you extend as a PBS applicant by post and then ILR by post with a variation you shouldn't need more than 1 extension.

As I am meeting both Financial and language requirements I will choose to apply FLR- M.

I appreciate your advice but As I have a travel plan next month not in a situation to apply by post.

Thanks for you help Amber.

Ok, that's your choice.

I have a question hope anyone could help. My husband is applying for ILR on 29 sep and i will be applying for tier 1 dependent extension by post. Both of ours visa is expiring on 27 oct. Can anyone tell me does i need to fulfill the english language requirement for visa extension.I was first granted visa on 9/10/2012 for 2 years. please reply as very less time is left for me to give ielts.
many thanks

Hi
I am applying for the ILR visa and my wife will apply with me as my dependent. I have an education from the UK and have claimed the English language point in my previous Tier 1 General application so I can provide a degree certificate as a proof for my English language - is that correct?

My wife has a degree from the India and it was taught in English (she has a letter from the institute confirming that the medium of education was English and has a syllabus confirming the same and also has a transcript from the institute/university). Would this be sufficient for her to prove the English language knowledge or does she need an additional certificate from UK NARIC (if so which one - statement of comparability or English language assessment).

Can someone please advise.

Thanks

Hi Tiree,

Finally Which form did you use to get your Visa, FLR (M) or PBS Dependent.

I have a same scenario as you have, so would be good if you can advise me.

Thanks,
Vishal

Hi,
I am here in UK as Tier -1 general migrant visa which expires on 29th Jan 2015, i am now eligible for ILR and will be applying for the same soon.
My Visa details:
Tier -1 (Visa issued date):05/11/2009 exp: 05/11/2012
Tier -1 extension (visa date): 30/01/2013 exp:29/01/2015

My wife came to UK on 31st May 2014 as my Dependant and her Tier Dependant Visa Expires on 29/01/2015

What visa will she need to apply for PBS DEP or FLR M

Can you please provide with all clarity and visa forms and criteria

If you are granted ILR as a PBS migrant using SET(O), then it's her choice.

After you are granted ILR:
If she switches to FLR(M), then it's under 5-year route, (Appendix FM-SE, English, Guidance) and her qualifying period for SET(M) may be reset.
If she extends as a PBS dependant, then her application will be under 319C. She may subsequently apply for SET(O) under 319E.

Thanks Vinny for your response,

Just wanted to clarify we both plan to apply at the same time. Will that change the equation? Also when i called up home office why did they confirmed she cannot apply for FLR M, she has to apply for PBS Dependant.

If we apply for FLR M how many years visa would she be getting?
My wife has been in the UK only for 6 months since 31st May 2014

You can probably apply at the same time. However, they should process your ILR application first. You must be granted ILR first before she can succeed under E-LTRP.1.2.

They may refuse, if she doesn't satisfy all the requirements. For example, if her leave was granted for six months or less, then she cannot switch to FLR(M), as E-LTRP.2.1 fails.

FLR(M) leave is normally granted for a period not exceeding 30 months under D-LTRP.1.1.

Hello All,

My case relates a bit with Tiree

My wife is in UK as Tier -1 general Dependant visa which expires on 04/01/2015.
And I am going for ILR through premium service on 8/12/2014.

My Visa details:
Tier -1 (Visa date):04/01/2010
Tier -1 extension (visa date): 06/12/2012
Tier -1 visa expiry date: 04/01/2015

My wife Visa details:
Entry as a Student in UK: 01/10/2006
1st PSW visa: 01/12/2007
2ns PSW Visa: 01/12/2008
Tier 1 General: 01/12/2009
Tier 1 Expiry: 01/12/2012

She was on maternity and Due to certain unavoidable circumstances, she had to apply as my dependent, so she went to India on 22/11/2012 and applied as Tier 1 Dependent

PBS Dependent Visa granted:17/01/2013
Entry to UK; 22/01/2013
Expiry Date: 04/01/2015

I qualify for the ILR now and am applying on 8/12/2014 taking premium service(I am employed full time and been with the same company since last 5 years)- Because my wife got the entry clearance visa after July 2012, she will not complete qualifying 5 year residential period. I think she only needs another 17 months to qualify for settlement (ILR) through 10 years long residency route. Please correct me if I am wrong. If I apply through FLR M, as mentioned it might reset her stay as a dependent. But if she is eliogible for ILR through long residency then it does not matter

Please advise on which visa do I have to extend her stay (PBS Dependent Visa or FLR (M)) ?

she is meeting requirements for both applications.
1. we have funds maintained 695 for more than 90 days period.
2. Masters degree from Uk - English Language requirement proof
3. Income proof incase of FLR - more than £18,600.

Any help is greatly appreciated. Please can you advice me? or direct me to a post which I might have missed and relates to the same situation as mine

Thanks,

Awnish

Answered.

Hi I am in similar situation,

I am due to apply for ILR in March 2015 my wife current visa is on Tier 1 general dependent which expires on same date as my one.
Will be going to premium service for ILR, from the forum it suggested I should be using PBS T1/2/5 dependent form for my wife application to qualify for ILR later instead of using FLR forms which will resit ILR clock to 0 - Is this correct?

And can I use the same premeium appointment for my ILR application and dependent visa?Or should they be two seperate appointments?

If its Tier 1/2/5 dependent form, under section M it says which status the main applicant is? and the options are related to Tier 1 category and ILR is not mentioned. Should we select as Tier 1 General?

Thank you,
Satwick