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ILR Main applicant and PBS dependent Query

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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rayeesa
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Posts: 16
Joined: Fri Mar 24, 2017 1:19 pm

ILR Main applicant and PBS dependent Query

Post by rayeesa » Tue Feb 05, 2019 5:05 pm

Hello Gurus,

Hope you are keeping well and having a great day

Apologies if this has already been addressed in other forum

Iam eligible for ILR in first week of March and about to apply ILR next month via Tier 1 Entrepreneur route (5 years) route, however our current visa (main and dependant) expires on Apr 28th 2019. My spouse is on PBS dependent visa she just completed her 3.5 years , she requires 1.5 years more to be eligible to get ILR within this category

I would be really grateful if someone could help me with a few questions please?

1. should I apply ILR in first week of march and wait for the approval and then apply PBS dependent extension for my spouse in last week of April in that case will she be awarded the PBS dependent visa or FLR visa
2. what if I don't receive my approval on time before applying my spouse extension visa , which category will she be consider then ?
3.or should we both apply same time let say 1st week of April in this case she is eligible to apply for extension before 28 days, that way I will be applying the ILR and my spouse applying a separate PBS application so there wont be any issue for HO to grant me ILR and my spouse to PBS extension is that correct?

please let me know the best option based on above scenario with right application for dependent to use

Thanks

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marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: ILR Main applicant and PBS dependent Query

Post by marcnath » Tue Feb 05, 2019 6:31 pm

1. It is up to you. Which visa she is given depends on what you apply for.
2. If your ILR is not approved before her visa expires your only option is PBS dependant visa.
3. Correct - you can apply together and make a note in the dependant application that they should consider that only after your application is decided.

Note that if you apply for FLR(M), the 5 year clock resets. So I can't see any reason why you would do that, irrespective of when she applies.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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