PBS dependent or FLR (M) for Tier 2 ICT PBS dependent

Hello All,

I was recently granted ILR from Tier 2 ICT route and thank you all for sharing their valuable experience and advice which really helped me in preparing the SET (O) form.

My wife and 8 month old son are Tier 2 ICT PBS dependents from September 2014 onwards. Their visa expires on 20March2015 and I would have to extend their visa but I’m not sure which visa to apply for them.

I’ve had mixed information that they can extend either via FLR (M) or as PBS dependent.

If its PBS dependent then I have a few queries.

1. Would it be separate applications, one for my wife and one for my baby.
2. I’m planning to do a premium booking, would that mean that I have to make 2 separate bookings one for my wife and another for my baby. I’ve just checked that there is no option to have them together within the application. Also this might mean that they cannot get the same timeslot for the premium booking. Is this right?
3. Can my wife and baby apply for FLR (M)?

Please help.

It's their choice.

They may switch to FLR(M) or apply for further leave to remain as PBS dependants, if they meet the requirements for the relevant category.

You are correct Vinny , also worth mentioning is the fact that FLR(M) is cheaper, but if they go on that route, the 5 years clock may reset.

They will not qualify for ILR under at least February 2020, whereas the qualification period at present, appears to be September 2019.

Hello Vinny/Obie,

Thank you for the quick clarification you’ve provided, its very helpful and reassuring as always.

I will apply for FLR (M), as Obie pointed out its cheaper and we are also ready to sacrifice the 4 months.

I’ve a few more clarifications based on the guidance notes for FLR (M), it says

1.

You must not use this form to make an application for an extension of stay - 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.

- In this case I got ILR from Tier 2 ICT and she’s currently a Tier 2 PBS dependent, so is FLR (M) the correct form.

2.

You must not be in the UK as a visitor, or with leave for 6 months or less (unless you are here as a fiancé or proposed civil partner), or here with temporary admission.

- My wife’s PBS dependent visa is valid between the dates 17Sep2014 to 20Mar2015 which is 185 days, so hope she’s fine with this clause.

3.

I’m still awaiting my ILR BRP card

so would I have to wait for the BRP card to arrive and then book an appointment or can I book an appointment right away as I have the HO decision letter confirming my ILR approval.

Can you please help? your advice is much appreciated.

Regards,
Tushar

1 is not justifiable under the Immigration Rules.
2 is a consequence of E-LTRP.2.1(b ).
3 letter confirming ILR may be sufficient. They should be aware of what they have granted you.

Thank you Vinny,

So does that mean I can apply FLR (M) for my wife and baby with my ILR approval letter?

Thanks in advance
Tushar

There is nothing stopping them invoking E-LTRP, it there

Surely this person was granted leave to Enter for a period less than 6 months.

The entry clearance was for about 6 months, but the leave to Enter that was granted appears to be for 6 months or less, as she could not have left her home country on that sane day as the grant of Entry Clearance.

I know it will not be in accordance with the spirit of the rules, but surely, it cannot be said that it is not in accordance with the letter.

- My wife’s PBS dependent visa is valid between the dates 17Sep2014 to 20Mar2015 which is 185 days, so hope she’s fine with this clause.

She is in the UK with valid leave granted for longer than six months. Although she entered on 29 October 2014, E-LTRP.2.1(b ) didn't say that she has to be admitted for a period longer than six months?

Clearly an Entry Clearance cannot be described as Leave to Enter. Leave to Enter is granted by an Immigration Office at Port , when he stamps a person's passport, and the Secretary of State's grants leave to remain, from within the UK.

May be wrong but that is my reading.

An Entry Clearance in my view is not quite a Leave to Remain.

It may be the case, that for the purpose E-LTRP 2.1 , it is distinction of Art.

The The Immigration (Leave to Enter and Remain) Order 2000 enabled an Entry Clearance Officer to grant leave to leave to enter by means of an entry clearance.

Confirmed in 25A.

25A wrote:An entry clearance which satisfies the requirements set out in article 3 of the Immigration (Leave to Enter and Remain) Order 2000 will have effect as leave to enter the United Kingdom. The requirements are that the entry clearance must specify the purpose for which the holder wishes to enter the United Kingdom and should be endorsed with the conditions to which it is subject or wish a statement that it has effect as indefinite leave to enter the United Kingdom. The holder of such an entry clearance will not require leave to enter on arrival in the United Kingdom and, for the purposes of these Rules, will be treated as a person who has arrived in the United Kingdom with leave to enter the United Kingdom which is in force but which was given to him before his arrival.

Hello Vinny/Obie,

Thank you for the information however I’m confused now.

Regarding my wife’s visa - her Tier 2 dependent visa is valid between 17Sep2014 - 20Mar2015 (185 days) and she entered UK on 29Oct2014.

Just to let you know she lived in the UK before between Jan2010/Feb2011 & Apr2012/Mar2014 on her own Tier 2 visa (i’m not including this stay in the application).

Can you please let me know if we can apply the FLR (M) visa for my wife & baby?

Please help as I’m planning to apply for their visa this week probably on 27Feb2015.

Regards,
Tushar

vinny wrote:The The Immigration (Leave to Enter and Remain) Order 2000 enabled an Entry Clearance Officer to grant leave to leave to enter by means of an entry clearance.

Confirmed in 25A.

25A wrote:An entry clearance which satisfies the requirements set out in article 3 of the Immigration (Leave to Enter and Remain) Order 2000 will have effect as leave to enter the United Kingdom. The requirements are that the entry clearance must specify the purpose for which the holder wishes to enter the United Kingdom and should be endorsed with the conditions to which it is subject or wish a statement that it has effect as indefinite leave to enter the United Kingdom. The holder of such an entry clearance will not require leave to enter on arrival in the United Kingdom and, for the purposes of these Rules, will be treated as a person who has arrived in the United Kingdom with leave to enter the United Kingdom which is in force but which was given to him before his arrival.

Vinny i follow. I believe an Entry Clearance of the Sought issued to OP's wife, may contain the particulars stated in Section 3 of the 2000 Order.

However the fact remains that Entry Clearance are not usually considered Leave to remain unless Section 3 is applicable.

I am most grateful to you Vinny for pointing this out.

Provided of course, the Entry Clearance issued to Op's wife does meet the conditions of Section 3, she can argue that 6 months and 5 days is clearly over 6 months. In those circumstances, i am in agreement with you.

Hello Vinny/Obie,

Thank you for the information

Can you please let me know if we can apply the FLR (M) visa for my wife & baby?

Regards,
Tushar

It is possible.

Provided you meet the requirement of Appendix FM.

Hello Obie/Vinny,

Thank you for your advice.

We've checked the requirements of appendix FM and we satisfy all the requirements. The only clarification was the leave of 6 months and luckily we have a leave of 185 days (5 days more).

We have booked the FLR (M) appointment on 25Feb2015 and hopefully everything should be ok.

I'll definitely update you on the outcome, fingers crossed .

Thanks again.

Regards,
Tushar