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Tier 1 PBS dependent? or ILR dependent ?

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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s_rai
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Joined: Fri May 22, 2015 12:51 pm

Tier 1 PBS dependent? or ILR dependent ?

Post by s_rai » Tue May 26, 2015 9:15 am

Hi All
My Tier 1 general (PBS) visa expires on 20th Aug 2015 and completing 5 years too.I am planning to apply ILR in first week of Aug 2015 with SAME DAY appointment.
The question is basically for my wife.
- Currently on Tier 1 PBS dependent.
- Came UK in Feb 2014 and Tier 1 PBS dependent visa expires same date as mine(20th Aug 2015).

Does she need to apply 'Further leave to remain under Tier 1 PBS' or can she switch to ' Family of a settled person' Visa after I get my ILR done.
There is big difference in visa fees.
Tier 1 dependent extn - £1695 by post.
ILR dependent - £695 by post.

Please HELP !!!!!!!!!! :cry:

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CR001
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South Africa

Re: Tier 1 PBS dependent? or ILR dependent ?

Post by CR001 » Tue May 26, 2015 10:33 am

Either can be done.

Switching to FLR(M) will resent her clock and she will have to wait a further 5 years on FLR(M) - 2 X 2.5 year visas - before she qualifies for ILR.

She will also have to pay the new NHS Surcharge.
Char (CR001 not Casa)
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s_rai
Newly Registered
Posts: 2
Joined: Fri May 22, 2015 12:51 pm

Re: Tier 1 PBS dependent? or ILR dependent ?

Post by s_rai » Tue May 26, 2015 1:26 pm

The confusion came when I saw this on GOV.UK. Tier 1 (General) comes in temporary visa as a work so therefore can’t switch from Tier 1 dependent to ILR Dependent?
Please suggesnt.
Thanks.

https://www.gov.uk/remain-in-uk-family/overview
Exceptions
You may need to apply in a different way if:
• you’re outside the UK
• your partner’s from the EEA or Switzerland
your partner originally had a temporary visa as a worker
• you’re the victim of domestic violence or your partner has died
• you applied for a ‘family of a settled person’ visa before 9 July 2012
• you want to reunite with a partner or parent who has asylum or humanitarian protection in the UK


https://www.gov.uk/remain-in-uk-family/exceptions

Your partner originally had a temporary visa as a worker
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.
Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:
• Tier 1 (General) visa
• Tier 1 (Exceptional Talent) visa
• Tier 1 (Investor) visa
• Tier 1 (Entrepreneur) visa
• Tier 1 (Graduate Entrepreneur) visa
• Tier 2 (General) skilled worker visa
• Tier 2 (Minister of Religion) visa
• Tier 2 (Sportsperson) visa
• Tier 2 (Intra-company Transfer) visa
• Tier 5 (Temporary Worker – International Agreement) visa

KhanzadaKhan
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Posts: 75
Joined: Wed Apr 23, 2014 12:19 pm
Pakistan

Re: Tier 1 PBS dependent? or ILR dependent ?

Post by KhanzadaKhan » Tue May 26, 2015 4:40 pm

I got the same issue, wife is on Tier 1 Dependent and will apply for her visa after I get ILR next month. but not sure if she can apply for FLR(M). www.gov.uk has written that if 'your partner originally had a temporary visa as a worker' then you can't apply for ILR Dependent (FLR(M)). Can someone please help if possible? FLR(M) is much better in money wise. Thanks

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Tier 1 PBS dependent? or ILR dependent ?

Post by vinny » Wed May 27, 2015 12:15 am

If spouse satisfies the relevant requirements of Appendix FM, Appendix FM-SE, A1 English, etc., then there is no basis for refusing FLR(M).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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