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priya26 · Member Joined: 25 Sep 2012 Posts: 51

My Husband has his ILR appointment booked on the 2nd of November. He is currently under the Tier 1 ( general ) visa. My Visa is Tier 1 general dependent visa. I came to the UK in April 2012.

I have a few questions.

1. What category of visa should I apply under?

2. Does the 9th Of july rule apply to me ?

sushdmehta · Posted: Tue Sep 25, 2012 2:08 pm Post subject:

1. PBS dependant (319C and 319D).
2. Appendix E -> Row 11.
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priya26 · Member Joined: 25 Sep 2012 Posts: 51

My Husband will hopefully get his ILR by 2nd november. So am I not eligible to apply for FLR M?

sushdmehta · Posted: Tue Sep 25, 2012 2:23 pm Post subject:

Why do you want to do that, when you can continue as PBS dependant?
Unless you are a doctor / dentist, there is no advantage of switching.
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priya26 · Member Joined: 25 Sep 2012 Posts: 51

Thank you for your prompt reply.

Yes, I am a doctor.

So you are saying it's my choice if I want to stay as a PBS dependent or change to FLR ( M ) ?

Also, If I do apply for the FLR ( M ) can I apply for my ILR in 2 years? I went through the link that you had provided in the previous reply regarding the 9th of july amendment. But I did not quite understand.

As per my understanding, 9th of july rule only matters if you had applied for FLR ( M ) as a dependent of a person settled here. Otherwise it does not matter. Am I correct?

sushdmehta · Posted: Tue Sep 25, 2012 3:05 pm Post subject:

Glad that you questioned me about FLR(M)!!

When UKBA announced the change - that PBS dependant could extend their stay as PBS dependant when the main migrant becomes eligible for settlement but the dependant does not - it was expected (at least I was expecting it) that the immigration rules will be modified in such a way so as to remove the restriction of "no employment as doctor / dentist in training" for PBS dependants applying for PBS extension when the main migrant receives settled status.

For some reason, this has not been done ... at least it appears so because immigration rule 319D(b)(iii) has not been changed to reflect this.

Therefore, as per my interpretation, there is a disadvantage for a "doctor / dentist in training" to continue as a PBS dependant when the main migrant applies for / receives settled status. For such PBS dependants, switching to FLR(M) remains the only sensible option - so as to be free from this restriction and progress in their career.

So, if you do not satisfy 319D(b)(iii) then my suggestion would be that you switch to FLR(M).

But if you do meet the requirements under 319D(b)(iii)(essentially, have a bachelors degree from a UK medical institution or are currently in a training post) then there is no advantage in switching to FLR(M).

Even if you choose to switch to FLR(M) - depending on your circumstances - you will be covered by the old rules.
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priya26 · Member Joined: 25 Sep 2012 Posts: 51

Thank you for your immense help.

I think I will apply for FLR ( M ) then since I don't want to be bound by the doctor in training clause.

Also is it okay for me to apply at a later date than my husband for my FLR ( M) say on the 10th of november or something?

What is my visa status between when My husband is granted ILR and I apply for the FLR ( M) ?

My Husband's tier 1 visa is due to expire on the 18th of November.

Another question? I am on Tier 1 dependent visa as of now. So I wonder why I even need to apply for another visa ? can't I just stay as a tier 1 dependent on the current visa without applying for a fresh visa again ?

sushdmehta · Posted: Tue Sep 25, 2012 3:55 pm Post subject:

What is the expiry date of your current leave?
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priya26 · Member Joined: 25 Sep 2012 Posts: 51

It expires on the 18th of November. What do you suggest I do?

sushdmehta · Posted: Tue Sep 25, 2012 5:23 pm Post subject:

If you are a doctor in training and/or your current leave has no restriction on employment in training post, then extend as a PBS dependant.
If your current leave is endorsed with the said restriction but you aim / wish to be employed in training post, switch to FLR(M).

priya26 · Member Joined: 25 Sep 2012 Posts: 51

Thank you so much.

sushdmehta · Posted: Tue Sep 25, 2012 6:39 pm Post subject:

Since you still have time before you need to apply, you may wish to contact UKBA to get a written clarification about the "no employment as doctor / dentist in training" restriction that appears will remain when a PBS dependant extends leave as a PBS dependant when the main migrant applies for / receives settled status.

My responses and suggestion are based on my understanding of the relevant rule as on date.
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priya26 · Member Joined: 25 Sep 2012 Posts: 51

You suggest I email UKBA?

Another clarification.

If I apply under FLR (M) or as a dependent of PBS how long will I have to wait before I can apply for the ILR ?

Also I am unemployed and have not maintaned funds will that affect the granting of visa to me ? However my husband meets the salary requirement and maintainance of funds.

priya26 · Member Joined: 25 Sep 2012 Posts: 51

I have finally booked an appointment for FLR M

I am confused about one thing.

Since I was granted leave to remain as a dependent of tier 1 general visa holder and came to the UK in April 2011, do I need to complete 5 years or 2 years before I can apply for the ILR ?

Could someone please help ?

harv · Sage Joined: 22 Dec 2010 Posts: 551 Location: London

It will be 2 years before you can apply for ILR from April 2011.
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sushdmehta · Posted: Mon Oct 15, 2012 4:02 pm Post subject:

sushdmehta · Posted: Mon Oct 15, 2012 4:06 pm Post subject:

The letter confirming either grant of settled status or submission of a settlement application (in case settlement decision is deferred) will be sufficient.
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priya26 · Member Joined: 25 Sep 2012 Posts: 51

sushdmehta · Posted: Mon Oct 15, 2012 5:23 pm Post subject:

Where is it written that an FLR(M) application cannot be made until the principal migrant's settlement application has been approved first? That the principal migrant has applied for settlement is sufficient enough ... and in such case approval of FLR(M) application will depend on the approval of the settlement application and your FLR(M) application (in person / postal) will also be deferred until a decision on the settlement application is arrived at.

Don't worry without a reason. You are not the only one whose dependant leave is expiring at the same time as your spouse's (principal migrant).
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priya26 · Member Joined: 25 Sep 2012 Posts: 51

Okay thanks a lot.

I have another question. Someone just told me that since I have not completed 2 years in the UK, I can't apply for FLR (M) and I should apply under FLR ( O)

Is it true?

Please help.