ILR and Dependent

Hi to All,

Hope you're doing well.

My husband is planning to apply for ILR (Tier-1-general route);
Through SET-O form.

His earnings are:

employment one: April-13, May-13, June-13, July-13 total=15500 no longer working

employment two: Self employed and taking directors wages: dividend Aug-2500, dividend sept-2500, wages oct-13 -640 directors wages.

total=5640

total earnings= 21140

Current Tier-1 expires in next couple of months.

I have been living in UK for less than 3 months. entered uk in sept 2013.
and received my visa after 08-July-2012.

Now, I would like to know- While booking my husbands application for ILR, what application shall I use? and can i apply same day along with my husband?
what form shall we use?

Many Thanks in advance

For you,,,PBS dependent,,,,and can apply same time,,,,,children can be added in set o form,,

hope the correct answer or wait for any senior member reply

NARESH_502 wrote:Hi to All,

Hope you're doing well.

My husband is planning to apply for ILR (Tier-1-general route);
Through SET-O form.

His earnings are:

employment one: April-13, May-13, June-13, July-13 total=15500 no longer working

employment two: Self employed and taking directors wages: dividend Aug-2500, dividend sept-2500, wages oct-13 -640 directors wages.

total=5640

total earnings= 21140

Current Tier-1 expires in next couple of months.

I have been living in UK for less than 3 months. entered uk in sept 2013.
and received my visa after 08-July-2012.

Now, I would like to know- While booking my husbands application for ILR, what application shall I use? and can i apply same day along with my husband?
what form shall we use?

Many Thanks in advance

jojybaba wrote:For you,,,PBS dependent,,,,and can apply same time,,,,,children can be added in set o form,,

hope the correct answer or wait for any senior member reply

NARESH_502 wrote:Hi to All,

Hope you're doing well.

My husband is planning to apply for ILR (Tier-1-general route);
Through SET-O form.

His earnings are:

employment one: April-13, May-13, June-13, July-13 total=15500 no longer working

employment two: Self employed and taking directors wages: dividend Aug-2500, dividend sept-2500, wages oct-13 -640 directors wages.

total=5640

total earnings= 21140

Current Tier-1 expires in next couple of months.

I have been living in UK for less than 3 months. entered uk in sept 2013.
and received my visa after 08-July-2012.

Now, I would like to know- While booking my husbands application for ILR, what application shall I use? and can i apply same day along with my husband?
what form shall we use?

Many Thanks in advance

Thank you very much i will wait for more advise.

but as per my knowledge i think i have to use FLR(M)?

please some one clarify?

I really appreciate it?

A PBS dep spouse can extend as a PBS dep (click) or switch to FLR(M) once, or in lieu of the main applicant being granted ILR. The latter may reset the 'clock' for settlement, which as a PBS dep after July 2012, is 5 years. Furthermore, FLR(M) has an English and Financial requirement. If any (?) children are born in the UK? They may not need any further leave.

D4109125 wrote:A PBS dep spouse can extend as a PBS dep (click) or switch to FLR(M) once, or in lieu of the main applicant being granted ILR. The latter may reset the 'clock' for settlement, which as a PBS dep after July 2012, is 5 years. Furthermore, FLR(M) has an English and Financial requirement. If any (?) children are born in the UK? They may not need any further leave.

thank you very much.

how long you think i will get pbs dependent visa for?

i appreciate that

PBS dep extension would be for for a period of three years if the PBS migrant has indefinite leave to remain or has become a British citizen.

D4109125 wrote:PBS dep extension would be for for a period of three years if the PBS migrant has indefinite leave to remain or has become a British citizen.

thank you i appreciate that.

but are there any work restriction on PBS dependent?

also does my husband qualify for ILR based on above earnings and do I for PBS dep?

Last Important question
My husband had driving conviction in june 2008 where the time spend is complete as its more than five years do you think it will effect my husband ILR?

please advise

The restrictions would only be if the PBS dep was a medical doctor.

Your husband will qualify for ILR if and when he meets the requirements.

A non-custodial sentence will be a general grounds for refusal for 24 months. After this time you should be ok. A conviction should be declared nonetheless.

See also, FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting.

D4109125 wrote:The restrictions would only be if the PBS dep was a medical doctor.

Your husband will qualify for ILR if and when he meets the requirements.

A non-custodial sentence will be a general grounds for refusal for 24 months. After this time you should be ok. A conviction should be declared nonetheless.

See also, FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting.

thank you for your help people...

D4109125 wrote:A PBS dep spouse can extend as a PBS dep (click) or switch to FLR(M) once, or in lieu of the main applicant being granted ILR. The latter may reset the 'clock' for settlement, which as a PBS dep after July 2012, is 5 years. Furthermore, FLR(M) has an English and Financial requirement. If any (?) children are born in the UK? They may not need any further leave.

Hi D4109125

Just to inform you, last week I have got my ILR, I was on Tier 1 (general), my wife got the visa in November 2012 and came to UK in JAN 2013, I was also under the impression that she would have to complete 5 years as a PBS dependent, before applying the ILR I had multiple conversations with Home office regarding my wife case, just to verify that, when is she eligible for ILR? and everytime I got the same answer that she would have to complete 2 years on PBS dependent visa doesn't really matter if she came after 9 july 2012 rule, that rule doesn't apply to her and I didn't even believe that because at home officer call center mostly people are not qualified case workers, then I have decided to ask this question directly from the case worker on application submission date and that case worker confirmed that my wife has to complete 2 years doesn't really matter if she has got the visa after 9 july 2012 rule.

I still don't believe that, Because you have more knowledge than me and may be you are right and I am wrong, but this is the answer from the case worker.

The caseworker needs to read 319E(d)(ii).

319E(d) wrote:(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:

(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

I completely understand your point and agreed with it, However it's not just my wife case, I have seen another case similir to my wife case.

it's a gray area and probably requires more findings.

Did she apply for entry clearance prior to 9th July 2012?

vinny wrote:Did she apply for entry clearance prior to 9th July 2012?

no, she applied in November 2012 and got visa same month.

Then I agree with Amber.

vinny wrote:Then I agree with Amber.

Hi,
my wife has got 3 years visa extension as a PBS dependent, do we have to get another extension after 3 years to complete 5 years?

Kind Regards,
Pardeep