TIER 2 PBS DEPENDENT of ILR

[meghnam]

Hi,

Request your help in clarifying the below case of my wife.

I came into UK as WP migrant in 2008 and switched to Tier 2 ICT and finally got my ILR in January 2014.

With respect to my wife the scenario is as below,
1. She initially entered UK as my dependent (TIER 2 ICT Dependent) in May 2011 with expiry date of June 2012 and stayed here until Feb 2012
2. She went back to India as she was pregnant in Feb 2012
3. While in india her dependent visa got expired in June 2012
4. While in India, We successfully for tier 2 dependent in January 2013 and travelled to UK in the same month
5. her dependent visa expires in July 2014
6. I being the main applicant for my wife got my ILR this January 2014 and my wife and daughter are still continuing as PBS dependent.
7. I am currently confused if i can apply for my wife's and daughter's via extension via FLR M?

Read all the posts and comments from the moderators, but with some rules changed recently in Apr 2014 i just want to confirm the below:
1. I have not maintained funds to extend my wife and daughters visa via PBS dependent route, hence am i eligible to apply and extend their visa via FLR M form as i earn more than 30k annually and she has has secured engineering degree from India which was taught in english and recognised by PBS points calculator.

2. Please confirm the above and also let me know if i submit the PBS points calculator awarding 10 points to my wife's degree is sufficient to prove her english knowledge. As i used the same calculator printout when i went through the ILR process i hope in this case as well print out of PBS calculator awarding 10 points to my wife's degree should be sufficient?

3. If extending via FLR M is ok, can you confirm if her counter will be definitely reset or is there any transitional rule where i can carry forward PBS dependent stay in UK to FLR M?

hope to get response from you guys at the earliest.

[Amber]

1. Yes you may insofar as you meet the Financial Requirement and the other requirements.
2. Yes, so long as 20 or more points are awarded for qualification and 10 for English Skills, that’ll meet A1 and B1.
3. Yes, it will reset the clock to a new 5 years.

[meghnam]

Many thanks Amber for the promt reply.
As mentioned earlier, If i understand it correctly the FLR M guidance says the PBS dependent cannot EXTEND using this FLR M form which means it is more like applying a new VISA for my wife and not as a extension as PBS dependent. And this is the reason the counter is reset right?

is there a reference in gov.uk to which you can point me to which specifically says the counter will be reset please?

In your response to my question 1 below you have mentioned other requirements, could you please point me to these other requirements? or you were talking about the one's in FLR M guidance notes?

In the form there is a question on how the Sponsor (in this case, its me) got ILR and i am safe to say there i got ILR through Tier 2 ICT right?

With respect to employer letter, can i use the copy of the same letter that my employer issued in January for my ILR or do i need to get a recent letter though no date specific requirement is there in APPENDIX FM-SE?

Finally, what will be the route of my wife to ILR after FLR (M), will she need to do another FLR (M) to get to 5 years and then apply using which SET form?

Sorry i am just being over cautious to get it right, hence please guide me with the above?

[vinny]

is there a reference in gov.uk to which you can point me to which specifically says the counter will be reset please?

Subject to E-ILRP.1.3.