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Dependents of former PBS now ILR

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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Taiwo123
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Dependents of former PBS now ILR

Post by Taiwo123 » Thu Jun 02, 2016 7:55 am

I am formerly a PBS immigrant but had acquired ILR through Long Residence. My Spouse and two children need to apply for their ILR after being on the PBS dependant for 5 years. Which form will they use? Are they required to provide maintenance fund and still score 80 points

vinny
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Re: Dependents of former PBS now ILR

Post by vinny » Thu Jun 02, 2016 8:16 am

Wife and children should apply for FLR(M).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Taiwo123
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Re: Dependents of former PBS now ILR

Post by Taiwo123 » Thu Jun 02, 2016 8:44 am

vinny wrote:Wife and children should apply for FLR(M).

Why not through SET[0] because they've spent 5 years already on PBS and are now qualify for ILR

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CR001
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Re: Dependents of former PBS now ILR

Post by CR001 » Thu Jun 02, 2016 8:48 am

Because you applied for ILR based on long residence and NOT 5 years PBS migrant. There is no alternative but for your family to apply on FLR(M) and start a new 5 year route to ILR.

Please do click on the links vinny has provided. The rules for PBS dependents of ILR long residence migrants changed in April 2014.
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vinny
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Re: Dependents of former PBS now ILR

Post by vinny » Thu Jun 02, 2016 8:55 am

Agree with CR001. There appears to be no provisions for them to qualify for ILR under 319E or 319J.

The spouse or parent didn't get indefinite leave to remain as a Relevant Points Based System Migrant, but under Long residence.

Therefore,

319E(b) fails.
319J(e) fails.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Abc499
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Re: Dependents of former PBS now ILR

Post by Abc499 » Thu Jun 02, 2016 3:43 pm

CR001 wrote:Because you applied for ILR based on long residence and NOT 5 years PBS migrant. There is no alternative but for your family to apply on FLR(M) and start a new 5 year route to ILR.

Please do click on the links vinny has provided. The rules for PBS dependents of ILR long residence migrants changed in April 2014.
yes they clearly mention that the clock will reset to zero for dependent in this case.

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