PBS Depedant or FLR M

[shiju31]

All these time i had derived a conclusion from the post read sometimes back that my wife will apply for PBS Depedent Extension and then after 5 years she can apply for ILR visa, but looking at the recent changes from UKBA, I am a bit confused as what should be the best approach.

I recently got my ILR in March 2014 from Tier 1 General and was planning to apply for PBS dependant visa for my wife, as i was suggested sometime back that better stick to PBS to avail continuity instead of FLR M which reset your time period.

PBS Dependent Entry Date : August 2013
Visa Expiry Date : 30th May 2014

As she didnt completed 2 years yet, i believe she cannot go for FLR M visa yet, BUT, read a statement of changes which forces one to enter into FLR M visa in order to qualify for settlement. http://www.immigrationboards.com/immigr ... 38379.html.

Also there is news eff 13th march 2014 where extension application will be closed 6 april 2015 and settlement to close 6 april 2018 https://www.gov.uk/government/uploads/s ... _Ready.pdf

So which visa is best suited for a dependant of ILR who enters post 2012 and didnt even complete 1 year yet in this country yet. Gets confused with so many changes happening. Please suggest.

[vinny]

Completion of 2 years is not required for switching to FLR(M).

It's her choice, if you didn't obtain ILR via Long residence. However, switching to FLR(M) under the 5 year route will reset her qualifying period under SET(M), so she may be better off continuing as a PBS dependant.

[shiju31]

Thanks Vinny.

However I still have 2 doubt before I go ahead and take decision to be in PBS Dependant.

As per the Statement of Changes proposed 13th March 2014,

as per 7.5, she would not be able to continue in PBS dependent extension or settlement through this route as she came in August 2013. Her visa expiry is 30th May 2014 as in line with my visa expiry date and so her initial validity was less than 1 year instead of 2 year. This is what confusing as when she will be eligible for next extension, i.e. around June 2017 there will be no option for extension and subsequent settlements.

'Changes are being made to signal the Government’s intention to close the
category for extension applications on 6 April 2015, and for settlement
applications on 6 April 2018. This should give enough time for applicants who
entered the category before its closure to apply for settlement if they can meet
the requirements to qualify'


and, as per 7.11, it clearly mentions in order to get settlement, the dependents will need to apply for leave to remain under Appendix FM. Does'nt Appendix FM means it needs to be on FLR M and SET M OR is it that PBS Dependant and ILR route is enough?

'Corrections are being made to enforce the intention that only dependants of
individuals who qualified for settlement under the Points-Based System can
apply for settlement as dependants of Points-Based System Migrants.
Previously the Immigration Rules allowed dependents of those who qualified
for settlement on the basis of long residence to also apply. The change will
mean such dependants will need to apply for leave to remain under the rules
for family members in Appendix FM before they can qualify for settlement.'

[vinny]

I think that you are misreading the document.

7.5 only refers to Tier 1 (General) applications. Not PBS dependants. As far as I can see, there are no proposed changes to 319C nor 319E.

7.11 enforces the intention that only dependants of individuals who qualified for settlement under the Points-Based System can apply for settlement as dependants of Points-Based System Migrants. So, switching to FLR(M) will be under Appendix FM, effectively resetting the 5 year route for ILR.

[shiju31]

Thanks again Vinny,

With regards to 7.11 again, does this mean, it enforces even her to apply under FLR M, even though if she is eligible to apply on ILR after PBS dependant successful 5 years stay. I hope 7.11 refers only to 10 years Long residence dependent and she can apply PBS dependent extension.

Sponsor Husband ILR (Tier 1 General Route) : 15 March 2014
PBS Dependent (Tier 1) Entry Date : 09 August 2013
Visa Expiry Date : 30th May 2014

[vinny]

7.11 implies that only Long residence partners are required to switch to FLR(M), if they are not eligible to apply for ILR themselves. But all those switching to FLR(M) from 6th April 2014 will be subject to Appendix FM.