PBS Dependent

Dear All,

My wife is going to apply for ILR and I am applying at the same time as her dependent. Our initial visa was granted in 2009 and so we have to live for 2 years. My question is whether this 2 years should be continuous? I read several topics that other users could get ILR without any problem in this regard and also I could not find anything relevant in the rules.

The problem arose due to the following paragraph in the FAQ of this topic:
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 *****).

In my view it is just a typo. then could you please check and rectify it if it is necessary?

Thanks

Thank you for pointing this out.

I think the important point is that the dependant has "continuous leave". But during the continuous leave, the dependant need not spend the entire time in the UK. It's also unclear, if the continuous leave is broken as a result of applying for entry clearance.

vinny wrote:Thank you for pointing this out.

I think the important point is that the dependant has "continuous leave". But during the continuous leave, the dependant need not spend the entire time in the UK. It's also unclear, if the continuous leave is broken as a result of applying for entry clearance.

I am not sure if my post will be useful for the OP, but I had a similar experience where my case for ILR was approved last week based on 2 years stay in the UK as PBS dependent (from Oct 2010 - Oct 2012). In this case, the 2nd entry clearance was as Dependent of settled person (first entry clearance was as PBS dependent). The dependent had spent 2 years and 15 days in the UK before going away for medical reasons. The application for 2nd entry clearance was made before the expiry of first entry clearance.

vinny wrote:Thank you for pointing this out.

I think the important point is that the dependant has "continuous leave". But during the continuous leave, the dependant need not spend the entire time in the UK. It's also unclear, if the continuous leave is broken as a result of applying for entry clearance.

There has been a rule in place from the 6th November 2014. The New A280B was inserted into the immigration rules.

This will be an hinderance in the path of dependent of Point Based System migrant, who are refused or granted leave or entry clearance under the rules in place after 9th July 2012.

That provision makes clear that such people will never be able to qualify under Part 8 in the rules in place before 9th July 2012.

Thanks, Obie.

A280B wrote:An applicant aged 18 or over may not rely on paragraph A280 where, since their last grant of limited leave to enter or remain under Part 8, they have been granted or refused leave under Appendix FM, Appendix Armed Forces or paragraph 276BE to CE of these rules, or been granted limited leave to enter or remain in a category outside their original route to settlement.

Thanks Vinny . Should have made citation but was very tired and lazy this evening.