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PBS dependent ILR query

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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love15
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PBS dependent ILR query

Post by love15 » Tue Nov 10, 2020 1:11 pm

Greetings all.

i have a question

i am due to ILR ( LR) .currently holding entrepreneur tier 1 extension visa will will expire August 2022.

my wife came to UK 2013 October as PSW dependent of mine then she is is now entrepreneur tier 1 dependent and her visa will expire in August 2022 .

my daughter born In UK October 2015.

if i apply for ILR now and get visa do i must need to change her ( my wife ) visa to FLR (FP) .

my concern is if i change her visa now then clock will reset and she needs to wait another 5 years for getting ILR.

but if i dont change her visa to FLR (FP) now and wait until may 2021 and then change her visa to FLR (FP) then she will be eligible for ILR for 10 Year within 2.5 years of FLR (FP). which is easier for her and she does not need to start from beginning.

my question is if i get my ILR now and dont change her visa now rather wait for few months until may 2021 then change her visa, will it be a problem . do home office curtail her visa or ask me to change her visa or i can wait for few months more ..

please help me

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CULLINAN
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Re: PBS dependent ILR query

Post by CULLINAN » Tue Nov 10, 2020 1:44 pm

If you get ILR via LR, your dependents can not settle via the PBS route.

You will have to switch your wife’s visa to FLR(M). You will have to meet the FLR(M) requirements to apply for her. Her ILR clock will reset to zero.

There is no time limit when your wife switches her visa, however, the earlier you switch her visa AFTER you get ILR via LR, the quicker her ILR clock restarts for her own 5 year period on FLR(M) before she can apply for her own ILR.

Note, she can not travel outside UK on PBS dependent visa AFTER you get ILR via LR, otherwise her visa could be curtailed. Also, she is expected to switch as soon as possible to FLR(M).

You can simply register your UK born child as British Citizen after you get ILR.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

love15
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Posts: 8
Joined: Mon Jun 10, 2013 9:22 pm

Re: PBS dependent ILR query

Post by love15 » Tue Nov 10, 2020 1:57 pm

THANKS FOR YOUR KIND REPLY.

yes i will switch her visa to FLR (M) . if i switch her visa to FLR (M) on may 2021, can she eligible to ILR (LR) (from 2013-2023 ) in 2023 even through her clock reset to zero. coz she will till lawfully in UK for ten years

love15
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Posts: 8
Joined: Mon Jun 10, 2013 9:22 pm

Re: PBS dependent ILR query

Post by love15 » Tue Nov 10, 2020 1:57 pm

CULLINAN wrote:
Tue Nov 10, 2020 1:44 pm
If you get ILR via LR, your dependents can not settle via the PBS route.

You will have to switch your wife’s visa to FLR(M). You will have to meet the FLR(M) requirements to apply for her. Her ILR clock will reset to zero.

There is no time limit when your wife switches her visa, however, the earlier you switch her visa AFTER you get ILR via LR, the quicker her ILR clock restarts for her own 5 year period on FLR(M) before she can apply for her own ILR.

Note, she can not travel outside UK on PBS dependent visa AFTER you get ILR via LR, otherwise her visa could be curtailed. Also, she is expected to switch as soon as possible to FLR(M).

You can simply register your UK born child as British Citizen after you get ILR.

THANKS FOR YOUR KIND REPLY.

yes i will switch her visa to FLR (M) . if i switch her visa to FLR (M) on may 2021, can she eligible to ILR (LR) (from 2013-2023 ) in 2023 even through her clock reset to zero. coz she will till lawfully in UK for ten years

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CULLINAN
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Re: PBS dependent ILR query

Post by CULLINAN » Tue Nov 10, 2020 2:00 pm

To be honest, given you still have to apply for your own ILR via LR, it could possibly be May 2021 by the time you get your ILR via LR anyways (SP is suspended). Even if you get your ILR via LR earlier than that, yes she can switch in May 2021. Make sure she does not travel outside UK after you apply for ILR via LR though.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

love15
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Posts: 8
Joined: Mon Jun 10, 2013 9:22 pm

Re: PBS dependent ILR query

Post by love15 » Tue Nov 10, 2020 2:02 pm

CULLINAN wrote:
Tue Nov 10, 2020 2:00 pm
To be honest, given you still have to apply for your own ILR via LR, it could possibly be May 2021 by the time you get your ILR via LR anyways (SP is suspended). Even if you get your ILR via LR earlier than that, yes she can switch in May 2021. Make sure she does not travel outside UK after you apply for ILR via LR though.
thanks mate .. much appreciated , thats the information i needed.. you are star and much helpful

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