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PBS dependent ILR of 10year ILR sponsor

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

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ml81
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PBS dependent ILR of 10year ILR sponsor

Post by ml81 » Wed Oct 23, 2019 9:08 pm

Hello,
I have been in the UK since August 16th 2010 on a Tier 2 ICT visa. The current visa i have expires on the 14th Sept 2020. I intend to apply for the 10 year ILR next year.
Additionally, i have a spouse who is on a PBS dependant visa, entered on the 21st Jan 2016.
My questions are:
1) How soon can my spouse apply for ILR? I read on a website that a PBS dependent of a Tier 2 visa will be able to apply in 5 years. Would that mean my spouse could apply on 21st Jan 2021 (as they entered on 21st Jan 2016)?
2) I understand my spouse will have to change their visa to a 'Spouse of a person settled in the UK' one. Given they also have a visa expiring on the 14th Sept 2020. Is this correct?
3) Give he has a full time job here and it will be difficult to unwind all of those arrangements, what options do we have if we go past the 14th Sept and I haven’t received my ILR, which he is dependent on. Could he get a temporary extension?
4) Lastly, if I do receive my ILR before Sept 14th and we are able to make an application for him in time, could he apply to switch from a PBS dependant to the Spouse of a person present and settled in the UK from within the UK itself (again, aiming to not disrupt his work situation)?

Thank you

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CR001
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Re: PBS dependent ILR of 10year ILR sponsor

Post by CR001 » Wed Oct 23, 2019 9:13 pm

1. Your dependent cannot get ilr based on lbs dependent route if you get ilr based on long residence. They have to switch to FLR m and meet the English and financial requirements. The 5 year ilr clock will be reset to zero.

2. Correct,apply before their current visa expires. Note switching visas will reset their 5 year ilr clock. You cannot combine lbs dependent time and spouse visa under appendix FM time to make up 5 years for ilr.

3. He just apply for form before his visa expires. If your ilr fails, FLR m will also fail.

4. Yes.
Char (CR001 not Casa)
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ml81
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Posts: 2
Joined: Wed Oct 23, 2019 3:21 pm
India

Re: PBS dependent ILR of 10year ILR sponsor

Post by ml81 » Wed Oct 23, 2019 10:38 pm

Thank you.. can I please check that the FLR M visa and the spouse of settled persons visa is the same thing? I’ve read both terms online and not sure about that

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CR001
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Re: PBS dependent ILR of 10year ILR sponsor

Post by CR001 » Thu Oct 24, 2019 6:16 am

It's the same visa.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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