Hello All,
Hope all of you are doing well.
I am looking for some assistance and advice with regards to my wife’s Visa extension.
I got my ILR this month through Tier 2 Minister of Religion 5 years route.
My wife and my first child came to the UK in March 2017 as the PBS dependants. Their visas are going to expire 20 May of this year. My solicitor told me that they have to switch to FLR (M) route. And the clock will be set to zero.
On the other hand, I found different information in the PBS Dependant Guidance published 1/2019 and in the paragraphs 319C and 319D of immigration rules that they can extend their visa as PBS dependants and they will be given 3 years of visa if successful.
I am realy confused and have been wondering if my understanding is wrong. Below are the shortened text from the 319C immigration rule.
[The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or
(iii) has indefinite leave to remain as a Relevant Points Based System Migrant, or is at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant: or]
Can someone please help and give me a clarification.
With kind regards
Muhi
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