ILR dependent or Tier 1 dependent for spouse

[mosiacart2011]

Hi All ,
I came to the UK in October 2009 under PBS Tier 1 visa and my current visa expires in December 2014.I am planning to apply for ILR
around mid November .My case is straight forward .
As for my wife who came to UK on June 2013,I believe she is under 5 year rule before she can apply for her ILR. Her.Her current PBS dependent visa expires in December 2014 as well(same as mine).I am not sure if I should apply her as PBS dependent or ILR dependent.
Few blog post suggest applying for PBS Tier 1 dependent as its straight forward .

My concerns are
1)If I apply for PBS dependent for her , they will most likely give her another 3 years and she will still be short of 5 yrs for ILR .So what after that ?I will probably have British passport by then so will it make things easier for her visa ?Also the cost of PBS dependent application is much higher than ILR dependent so I am tempted for second option.

2)Apply for ILR dependent 1 week after my ILR gets approved (assuming i apply for ILR first week of Nov visa PEO appointment and book her appoint for second/third week of Nov).As she already has a valid IELTS, all she needs to do is sit for life in UK test .
Is this a more practical way ?Does anyone know how many years of leave she would be granted initially?

Sorry for the long post but i just wanted to put my case clearly.
Thanks in advance for any response .

[Munazah]

Hello there,
I am having same confusion on under which category shall I apply ur case and ours seems very similar. Any advice will be appreciated.
I came to uk on 26th June 2013 as PBS dependant and my current leave to remain expires on 16 July 2014 .
My husband just got his ILR on 9th June 2014' my question is under which category do I need to apply as I am not eligible for Ilr yet.shall I apply as PBS dependant or under FLR (M).
Please advise.
Munazah

[mosiacart2011]

Hi ,
I am still looking for answers in my case as well as no one has posted a response .

I am going to book appointment with an immigration lawyer and seek his advice .I suggest you do the same as well .
They will prolly charge you around £50 for consultation .
I am happy to post the advice I get ,but that might be a while , in case you dont mind waiting .

Good luck with your visa.

REgards

[vinny]

ILR dependant:

will be granted leave granted limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months.

[yadakishore]

Hi,

I have a similar situation for my wife's visa extension. I got my ILR in Sep-2013 ( was on Tier1 General for 5 years before that ). She has been on PBS Dependent visa from July-2013 valid until Aug-2104.

I have been reading multiple threads, posts, rules, but still cant seem to figure out if
1. Can she extend her visa as an ILR dependent using FLR(M)?
2. Should she continue to extend her visa as a PBS dependent?

I noticed the below in Immigration Rules 8

284. The requirements for an extension of stay as the spouse or civil partner of a person
present and settled in the United Kingdom are that:
(i) the applicant has or was last granted limited leave to enter or remain in the United
Kingdom which meets the following requirements:
(a) The leave was given in accordance with any of the provisions of these Rules;
and
(b) The leave was granted for a period of 6 months or more, unless it was granted
as a fiancé(e) or proposed civil partner; and
(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner
of a Relevant Points-Based System Migrant; and

Does 284(i)(c) mean that my partner cannot switch to FLR(M), i.e. ILR dependent ?

Vinny, does your previous answer contradict the above, or, am I missing something?

[vinny]

284(i)( c ) prevents all PBS dependants from switching to FLR(M) under Part 8 of the Immigration Rules. However, they may switch to FLR(M) under Appendix FM. But this resets the 5-year route to settlement.

She may extend as a PBS dependant.

[yadakishore]

One question though.

If I prefer my wife to switch to FLR(M), would section "Section E-LTRP: Eligibility for limited leave to remain as a partner" of Appendix FM apply for the case.

Does it state anywhere that Appendix FM overrides Part 8, or, could that be open to caseworker's interpretation of the rules?

I am confused by A277 which says Appendix FM would apply, and, A280(e) which states that 284 would apply to applications made on or after 9 July 2012.

Regards,

[vinny]

Part 8 would not apply because of 284(i)( c ).

There are no provisions to include other category of leave in E-ILRP.1.3 in the qualifying period for SET(M).

[Amber]

Apply for her PBS dep application by post and that'll be A chapter and B hopefully mean she'll not have to extend again.