Should I apply for PBS dependent extension or FLR(M)?

Hi all

I have been reading the boards regarding whether one should extend their visa using PBS Dependent or apply using FLR(m). My husband was a PBS migrant and now has ILR. It is my understanding that I can do either however if I apply under FLR my "probationary period" is reset. I want to make sure this is still the case given the updated 5 April 2015 guidelines as some posts from the mods suggest that there will be a tightening of the rules.

FYI:

Tier 1 (General) partner granted on 18/04/2013
Tier 1 (General) partner expires on 14/9/2015
Husband received ILR in 2014.

No further UK visa history.

If you apply to switch to FLR(M), your clock will reset to zero and you will have to wait a further 5 years before qualifying for ILR. There has not been any change to this rule. You will lose the time you have already spent and it will not count towards the 5 year residence requirement on FLR(M).

If you apply for PBS Dependent, you are likely to be granted a visa for 3 years, which will give you the time required to apply for ILR. Admittedly, PBS Dep is more expensive, but for FLR(M), you will need 2 X 2.5 year visas.

CR001 wrote:If you apply to switch to FLR(M), your clock will reset to zero and you will have to wait a further 5 years before qualifying for ILR. There has not been any change to this rule. You will lose the time you have already spent and it will not count towards the 5 year residence requirement on FLR(M).

If you apply for PBS Dependent, you are likely to be granted a visa for 3 years, which will give you the time required to apply for ILR. Admittedly, PBS Dep is more expensive, but for FLR(M), you will need 2 X 2.5 year visas.

Hi, could you please clarify the below

Tier 1 General dependant visa granted on 18/02/2015
Tier 1 General dependant visa expires on 18/03/2016

Ill be eligible for ILR on 25/01/2016 assuming i get that then it makes sense for my wife to switch to FLR(M) category (2 X 2.5 year visa) and pay lesser rather than go with PBS extension which costs more as she would still need 2 extensions before she can apply for her ILR even though she takes the PBS route

Is my understanding correct ?

rohitys wrote:

CR001 wrote:If you apply to switch to FLR(M), your clock will reset to zero and you will have to wait a further 5 years before qualifying for ILR. There has not been any change to this rule. You will lose the time you have already spent and it will not count towards the 5 year residence requirement on FLR(M).

If you apply for PBS Dependent, you are likely to be granted a visa for 3 years, which will give you the time required to apply for ILR. Admittedly, PBS Dep is more expensive, but for FLR(M), you will need 2 X 2.5 year visas.

Hi, could you please clarify the below

Tier 1 General dependant visa granted on 18/02/2015
Tier 1 General dependant visa expires on 18/03/2016

Ill be eligible for ILR on 25/01/2016 assuming i get that then it makes sense for my wife to switch to FLR(M) category (2 X 2.5 year visa) and pay lesser rather than go with PBS extension which costs more as she would still need 2 extensions before she can apply for her ILR even though she takes the PBS route

Is my understanding correct ?

Yes, she can switch to FLR(M) as it is cheaper and she won't be losing that much time (only a few months)

CR001 wrote:

rohitys wrote:

CR001 wrote:If you apply to switch to FLR(M), your clock will reset to zero and you will have to wait a further 5 years before qualifying for ILR. There has not been any change to this rule. You will lose the time you have already spent and it will not count towards the 5 year residence requirement on FLR(M).

If you apply for PBS Dependent, you are likely to be granted a visa for 3 years, which will give you the time required to apply for ILR. Admittedly, PBS Dep is more expensive, but for FLR(M), you will need 2 X 2.5 year visas.

Hi, could you please clarify the below

Tier 1 General dependant visa granted on 18/02/2015
Tier 1 General dependant visa expires on 18/03/2016

Ill be eligible for ILR on 25/01/2016 assuming i get that then it makes sense for my wife to switch to FLR(M) category (2 X 2.5 year visa) and pay lesser rather than go with PBS extension which costs more as she would still need 2 extensions before she can apply for her ILR even though she takes the PBS route

Is my understanding correct ?

Yes, she can switch to FLR(M) as it is cheaper and she won't be losing that much time (only a few months)

Thanks for clarifying. Further to this ILR rules say that most recent leave should be as a PBS dependant in 5 year period which means she would apply for FLRM first and then switch to PBS dependant. Is that right ?

Why would you want her to switch to FLR(M) first and then again back to PBS dependant (if that is now allowed)??

Once she switches to FLR(M), for the purpose of her own settlement she will be subject to immigration rules as partner of a settled person (Appendix FM) and not as "partner of a PBS migrant (Part 8, 319E).

I have a strange question. There are plenty of questions on the forum about applying for FLR(M) or PBS dependent but it seems according to 284 (i)(c) it is impossible for a PBS dependent to switch to FLR(M). Am I right?

Thanks

samira_uk wrote:I have a strange question. There are plenty of questions on the forum about applying for FLR(M) or PBS dependent but it seems according to 284 (i)(c) it is impossible for a PBS dependent to switch to FLR(M). Am I right?

Thanks

Yes it is but any time spent as a PBS Dependent is not counted towards the NEW 5 year residence requirement on FLR(M).

Thank you, i got it wrong. Part 284 is for old applications and the new ones should be done under Appendix FM which does not prohibit PBS dependents. Am I right?

A PBS dep is free to change to FLR(M) if they wish to once the PBS main visa holder gains ILR. Time the dependent has spent in the UK as a PBS dependent will be lost the dependent will have to wait a new 5 year period to qualify for ILR.

Hi,

Main Applicant Details:

First Landed in UK: Nov'2009
Visa Category: Tier 1 General
Received ILR: Dec'2014 (After completing 5 years on Tier 1 General visa)
Applied for Naturalization: 6th Jan 2016 (After completing 1 year on ILR),Waiting for approval.

Dependent:
My wife first time landed in UK as Tier 1 General dependent in UK March'2011.

Wife First Landed in UK: March'2011
Visa Category: Tier 1 General Dependent
Left UK as she was pregnant: Sep'2011
Visa Expired: Jun'2012
Applied for Tier 1 General Dependent visa again: Oct'2012(After Dependednt rules had changed effective from june/july'2012)
Came to UK again: Jun'2013 (staying with me in UK from Jun'2013)

Dependent eligibility for ILR rules had changed from 2 years to 5 years effective from june/july'2012. Whether my wife is eligible for ILR through 2 year route as she got her first visa on tier 1 general dependent in 2011 or she will fall under 5 year route to get ILR?

Thanks,
MM

Hi CR001,

Does this conclusion still apply ?

I noticed this was on 2015, so I was wondering if there are any changes on this policy until 2019.

I am waiting for a decision on ILR SET(O). My family's PBS dependent visa (~4years) is expiring at the same time of when my current tier2 general work visa expires (28 Jan 2019). I am unlikely to hear anything before 28 Jan 2019, so what visa my family can apply now? Is it PBS dependent extension?

It is quite confusing when thinking about "PBS dependent base on an expiring/expired Tier 2 visa" and there is no clear explanation on UKVI's website.

Thank you for your continuous help.

Best regards,
Tim

CR001 wrote: ↑

Sun Jul 12, 2015 5:26 pm

If you apply to switch to FLR(M), your clock will reset to zero and you will have to wait a further 5 years before qualifying for ILR. There has not been any change to this rule. You will lose the time you have already spent and it will not count towards the 5 year residence requirement on FLR(M).

If you apply for PBS Dependent, you are likely to be granted a visa for 3 years, which will give you the time required to apply for ILR. Admittedly, PBS Dep is more expensive, but for FLR(M), you will need 2 X 2.5 year visas.

Hi Timothy,

I am in the same boat. I am about to apply SET (LR), my dependant child whose visa expires at the same time but do not qualify for settlement. Did you apply PBS dep for your dependants? please share your outcomes.

Thank you.

Timothy Tao wrote: ↑

Tue Jan 22, 2019 9:59 pm

Hi CR001,

Does this conclusion still apply ?

I noticed this was on 2015, so I was wondering if there are any changes on this policy until 2019.

I am waiting for a decision on ILR SET(O). My family's PBS dependent visa (~4years) is expiring at the same time of when my current tier2 general work visa expires (28 Jan 2019). I am unlikely to hear anything before 28 Jan 2019, so what visa my family can apply now? Is it PBS dependent extension?

It is quite confusing when thinking about "PBS dependent base on an expiring/expired Tier 2 visa" and there is no clear explanation on UKVI's website.

Thank you for your continuous help.

Best regards,
Tim

CR001 wrote: ↑

Sun Jul 12, 2015 5:26 pm

If you apply to switch to FLR(M), your clock will reset to zero and you will have to wait a further 5 years before qualifying for ILR. There has not been any change to this rule. You will lose the time you have already spent and it will not count towards the 5 year residence requirement on FLR(M).

If you apply for PBS Dependent, you are likely to be granted a visa for 3 years, which will give you the time required to apply for ILR. Admittedly, PBS Dep is more expensive, but for FLR(M), you will need 2 X 2.5 year visas.

samaygrg wrote: ↑

Thu Nov 14, 2019 11:43 am

Hi Timothy,

I am in the same boat. I am about to apply SET (LR), my dependant child whose visa expires at the same time but do not qualify for settlement. Did you apply PBS dep for your dependants? please share your outcomes.

Thank you.

Please continue in your existing topic where you have already received advice rather than tagging onto an old thread.

indefinite-leave-to-remain/parents-set- ... l#p1846918