PBS dependant to ILR dependant

Kumar ILR · Post by **Kumar ILR** » Thu Nov 21, 2013 1:36 pm

I have received my ILR recently. My wife came in after July 2012 so she needs to stay for 5 years to get ILR. She currently has visa till mid 2015 as Tier 2 Dependant.
I know that she can continue as Tier 2 dependant, but I wish to transfer her visa to ILR dependant as it would help a lot in getting a Job. Most Job firms value settlement dependant than Tier 2 Dependant.

Below link says
http://www.ukba.homeoffice.gov.uk/visas ... you-apply/
You cannot apply for leave to remain or indefinite leave to remain in a partner category if your last leave was as the partner of a former points-based system migrant who:
• is settled in the UK and was granted settlement as a points-based system migrant; or
• has British citizenship having been granted settlement as a points-based system migrant.

So not sure If I can transfer her visa as settlement dependant using FLR(M)

Thanks & Regards,
Kumar

Post by **Amber** » Thu Nov 21, 2013 1:57 pm

When was your spouse issued a PBS dep leave?

Kumar ILR · Post by **Kumar ILR** » Thu Nov 21, 2013 2:02 pm

Her first Tier 2 dependant visa was from Oct 2012 to July 2013 and then extended till July 2015.

Regards,
Kumar

Post by **Amber** » Thu Nov 21, 2013 2:13 pm

Was the PBS dep leave initially granted in October 2012?

Kumar ILR · Post by **Kumar ILR** » Thu Nov 21, 2013 2:20 pm

Yes Amber. Initially granted in Oct 2012.

Post by **Amber** » Thu Nov 21, 2013 2:23 pm

She can switch to FLR(M) which has a financial and English requirement and may also reset the clock for ILR. So far as she is not a medical doctor PBS dep leave should not be looked at disparagingly by potential employers.

Kumar ILR · Post by **Kumar ILR** » Thu Nov 21, 2013 2:40 pm

Thanks a lot Amber. You have clarified many of previous queries in my process of getting my ILR. Thanks very much.

I personally don’t want to spend on converting her visa too. She is not a doctor .But many Jobs firm do not understand the difference and it hinders her job hunt. That’s the reason.

One small query on your comment.
Can you provide me a link which says she can apply as FLR(M) and clock will be reset if she does. Because I could not find any link in UKBA site

As well as below link says
http://www.official-documents.gov.uk/do ... 5/0565.pdf

These changes also allow a PBS Migrant’s partner to amalgamate leave granted to them as the depedant of a Relevant Points Based System Migrant, together with any leave granted to them as the spouse, civil partner, unmarried or same-sex partner of that same person when they held leave under another category of these Rules, and count that towards the probationary period for settlement.

But no where in site says she can apply using FLR(M)

Regards,
Kumar

Post by **vinny** » Thu Nov 21, 2013 11:29 pm

See also Application together ILR visa and FLR (M) / PBS dependent.

Kumar ILR · Post by **Kumar ILR** » Thu Nov 28, 2013 1:57 pm

Thanks Vinny. I read the link stated by you as well as 'Explanatory Memorandum'. As well read few more post regarding this.

But one piece, I am not getting is the link in UKBA site which says I can apply for my dependant using FLR(M) and If I do so clock for her Settlement will be reset.

Could anyone please help me with above link

Regards,
Kumar

Post by **vinny** » Thu Nov 28, 2013 2:13 pm

It's evident from the Immigration rules.

Kumar ILR · Post by **Kumar ILR** » Thu Nov 28, 2013 2:40 pm

Thanks a lot Vinny. Its clear now, I have read E-ILRP.1.3.

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PBS dependant to ILR dependant

PBS dependant to ILR dependant