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PBS Dependent only ILR - Success Story

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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tier1appeal
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Joined: Sat Jun 30, 2012 11:54 am

PBS Dependent only ILR - Success Story

Post by tier1appeal » Thu Oct 30, 2014 3:59 pm

Hello All,
I thought of sharing the success story as it will clarify a number of questions that we also had...
My wife came to UK in Sep 2009 as Tier 2 dependent. I switched to Tier 1 in may 2010 and my wife as Tier 1 dependent.
My wife moved to France for work in May 2013 but he travel twice in a month to UK.

I got my ILR in July 2014 but was confused whether my wife is eligible. She did Life in UK and English test and we applied for her ILR. Used SET(O) form and went for PEO Liverpool. My wife was granted Settlement!

I want to highlight some points where we were totally confused. Hopefully it will help more people.

The details given relates to eligibility for ILR application by a PBS Dependent spouse of Tier-1 General migrant (visa issued before 9 July 2012).

Section 319E of Part 8 of immigration states the following:

"To be granted indefinite leave to remain as the partner of a PBS
migrant, the applicant must:
....
have been living with the PBS migrant in the UK in marriage or
civil partnership, or in a relationship similar to marriage or
civil partnership for at least:
....
o two years - for applicants granted leave as the partner of a PBS
migrant under the rules in place before 9 July 2012 and who have
since had continuous leave in that category"

Confusions that we had:

1. Does the specified period of 2 years need to be immediately
prior to ILR application date?

We gave 2 years documents when my wife was in UK.

2. Does the 2 years specified period need to be continuous? If yes,
what is the definition of 'continuous' in this case?
No. We gave cohabitation as follows:
Apr2010 - Apr2011
Apr 2012 - Apr 2013


3. Are there any restrictions and requirements around number of
days the PBS dependent stayed outside UK during validity of their
PBS dependent visa? e.g. if the PBS migrant's spouse spent first
2.5 years in UK, then spent following 2 years outside UK and then
came back to UK, would he/she be subject to restrictions or
specific validations/requirements?
No.

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