PBS Dependent to ILR while Main applicant is under the EUSS

Hi,

I would be grateful if you someone can advise whether it is possible for a PBS Dependent visa to extend and apply for ILR (once reaching 5 years) while the main applicant moved to a pre-settled status under the EU Settlement Scheme.

Somehow the main applicant is not able to sponsor the PBS Dependent under the EU Settlement scheme.

Looking forward to hearing from you.

Cheers
Joseph

The answer is no.

A PBS Dependent can only apply for an extension if you are a PBS migrant or hold ILR via the PBS route after 5 years on tier 2.

A PBS Dependent also cannot get ILR as a PBS Dependent if you have not obtained ILR via the tier 2 visa route or if you are both apply for ilr at the same time via the PBS route.

Your dependent will likely have to switch to the FLR M spouse visa route, which is a 2 x 2.5 year visa route before applying for ILR. The dependent would need to meet the english and financial requirements for each step.

CR001 wrote: ↑

Fri Jul 29, 2022 4:27 pm

The answer is no.

A PBS Dependent can only apply for an extension if you are a PBS migrant or hold ILR via the PBS route after 5 years on tier 2.

A PBS Dependent also cannot get ILR as a PBS Dependent if you have not obtained ILR via the tier 2 visa route or if you are both apply for ilr at the same time via the PBS route.

Your dependent will likely have to switch to the FLR M spouse visa route, which is a 2 x 2.5 year visa route before applying for ILR. The dependent would need to meet the english and financial requirements for each step.

Thanks CR001 for the quick reply.

Before being granted a pre-settled status under the EUSS, I used to hold a global talent and before that I used to hold a Tier 2 visa.

Does it mean that even as a global talent visa holder the PBS Dependent (via Tier 2) would not be able to extend and apply for the ILR once 5 years reached?

Cheers
Joseph

Correct. Her ability to extend and get ilr as a PBS dependent is wholly dependent on you having a PBS visa and/or ilr via the PBS route.

CR001 wrote: ↑

Fri Jul 29, 2022 4:34 pm

Correct. Her ability to extend and get ilr as a PBS dependent is wholly dependent on you having a PBS visa and/or ilr via the PBS route.

Thanks CR001.

Does she need to switch to a dependent of a global talent visa holder (main applicant) to be able to apply for ILR?

Does she need to switch to a dependent of a global talent visa holder (main applicant) to be able to apply for ILR

She can't as your status is not global talent anymore.

She doesn't qualify to apply for ilr as any GTV or PBS Dependent as you don't have that visa or ilr via the PBS visa route

CR001 wrote: ↑

Fri Jul 29, 2022 4:40 pm

Does she need to switch to a dependent of a global talent visa holder (main applicant) to be able to apply for ILR

She can't as your status is not global talent anymore.

She doesn't qualify to apply for ilr as any GTV or PBS Dependent as you don't have that visa or ilr via the PBS visa route

Thanks again CR001.

The thing is, my partner recently received an update from the caseworker saying that your sponsor (me) cannot sponsor you as he gets his EU nationality in 2021 (after the 31st of Dec 2020), but still eligible to the EU Settlement Scheme! (the application is still under process - the caseworker has not rejected it).

I found this inconsistent as my partner depends on me (immigration wise) and if I cannot sponsor her under the EUSS, PBS and even spouse visa as I hold a pre-settled status (not a settle status) we are stuck. By the way, her PBS Dependent visa will expire in Nov 2022.

What should we do not?

Cheers
Joseph

The problem you have with any route with you as a spinsor is that you only became an EU citizen after the December 2020 cut off date, so a real dilemma for you, as has already been advised in your other topic.

The issue with the current EU application you mention is not that she qualifies, it's that you don't qualify to sponsor her and they have asked for another qualifying EU citizen, which she doesn't have, so a refusal will be the likely result.

Does she qualify to be sponsored by an employer for a skilled worker visa?

CR001 wrote: ↑

Fri Jul 29, 2022 4:50 pm

The problem you have with any route with you as a spinsor is that you only became an EU citizen after the December 2020 cut off date, so a real dilemma for you, as has already been advised in your other topic.

The issue with the current EU application you mention is not that she qualifies, it's that you don't qualify to sponsor her and they have asked for another qualifying EU citizen, which she doesn't have, so a refusal will be the likely result.

Does she qualify to be sponsored by an employer for a skilled worker visa?

No she does not.

In my understanding, if the EU national is eligible, the relevant family member should be eligible too!

Not sure if the caseworker of my application has missed interpreted it, although I clearly mentioned in my application that I got the EU nationality in 2021!

If the caseworker rejects my partner's application, she will left with no options!

Can the HO punishes us as a result of a caseworker misinterpreting the rules?

Please CR001, can you suggest any sensible solution/action....

Cheers
Joseph

You have already been given advice in your other topic about this and the possibility your status was granted in error.

Not sure where the misinterpretation is as you were NOT an EU citizen on 31 December 2020.

CR001 wrote: ↑

Fri Jul 29, 2022 5:33 pm

You have already been given advice in your other topic about this and the possibility your status was granted in error.

Not sure where the misinterpretation is as you were NOT an EU citizen on 31 December 2020.

CR001,

If granting me a pre-settled status by error, the misinterpretation resides here.

In my opinion, my partner and my upcoming child should hold a status under the same route as mine (whatever it is: PBS, GTV or EUSS).By granting me and not my dependents would cause an issue to me and my dependents!

Now, if the caseworker (dealing with my partner's application) realises that the sponsor (me) was not eligible to the EUSS in the first place (which I think he has already realised that), would the HO keep my status as it is an refuses my partner's application? If so, would an administrative review or taking to court solve the issue?

If the HO decides to withdraw my pre-settled status and I will be bac to GTV, that would be fine.

CR001, I appreciate that you are not an immigration adviser but if you can share your thoughts on the above it would be much appreciated it.

Cheers
Joseph

There is no path to ILR for your partner as your actual status is unclear. I suggest sticking to your other post in the EEA forum until you manage to resolve the issue of your status.

eea-route-applications/euss-for-non-eu- ... 30002.html