Immigrationboards.com

Hello all,

My spouse came to UK after July 2012 rules and I will be applying ILR in next month.

My spouse Tier 1 G Dependent visa expires in 2015.

1. Does she need to apply FLR(M) after I switch to ILR ?
2. Can she remain Tier 1 Dependent Visa and Apply for extension in the same visa category until she qualifies 5 year rule ?

Please advise[/b]

pegakrishna wrote:Hello all,

My spouse came to UK after July 2012 rules and I will be applying ILR in next month.

My spouse Tier 1 G Dependent visa expires in 2015.

1. Does she need to apply FLR(M) after I switch to ILR ?
2. Can she remain Tier 1 Dependent Visa and Apply for extension in the same visa category until she qualifies 5 year rule ?

Please advise[/b]

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary pages 9 and 10

D4109125 wrote:

pegakrishna wrote:Hello all,

My spouse came to UK after July 2012 rules and I will be applying ILR in next month.

My spouse Tier 1 G Dependent visa expires in 2015.

1. Does she need to apply FLR(M) after I switch to ILR ?
2. Can she remain Tier 1 Dependent Visa and Apply for extension in the same visa category until she qualifies 5 year rule ?

Please advise[/b]

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary pages 9 and 10

Thanks D* for pointing to me this. I have read the guidance and below paragraph applicable to my scenario.

As per below paragraph, my Wife can apply extension as further to leave to remain as a Tier 1 PBS dependent . Correct me , If I'm wrong.

If an applicant does not qualify for ILR at the same date their partner gains ILR as a relevant PBS migrant – application for further leave to remain as a PBS dependant:
If an applicant was granted an initial period of leave to enter or remain as a PBS dependant after 9 July 2012 but has not lived with their PBS partner for the required 5 years in the United Kingdom at the date their partner is applying for indefinite leave to remain then, provided their partner gained indefinite leave to remain as a relevant points based system migrant, the applicant can apply for further leave to remain under paragraph 319C (b) (iii) (1) or (2).
Provided they meet the remaining requirements of paragraph 319C they should be granted a further period of leave 3 years under paragraph 319D (a) (ii).
Once they have completed the required 5 year period living in the United Kingdom with their settled partner, who gained indefinite leave to remain as a relevant points based system migrant, they can qualify for indefinite leave to remain under:
 paragraph 319E (b) (i), (c) (i), (d) (ii) - applicable where their partner has indefinite leave to remain; or
 paragraph 319E (b) (i), (c) (iii), (d) (ii) – applicable where their partner has become a British citizen where prior to that they held indefinite leave to remain as a relevant points based system migrant.
For further guidance refer to Points Based System Dependant modernised guidance.

D4109125 wrote:

pegakrishna wrote:Hello all,

My spouse came to UK after July 2012 rules and I will be applying ILR in next month.

My spouse Tier 1 G Dependent visa expires in 2015.

1. Does she need to apply FLR(M) after I switch to ILR ?
2. Can she remain Tier 1 Dependent Visa and Apply for extension in the same visa category until she qualifies 5 year rule ?

Please advise[/b]

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary pages 9 and 10

I am also facing similar issue.
Can my spouse apply for extension after I got ILR?
I mean can she wait till her visa expires and then extend (or) does she need to apply as early as possible as dependent of settled person?
I am looking for time period which ukba allow to switch her visa.
isit 2 weeks or 1 month??

Any ideas???

Any Seniors/ Guru's especially Vinny / D*... please advise me in this regard

please go through this link it will help you

http://www.immigrationboards.com/viewto ... c&start=20

pegakrishna wrote:Any Seniors/ Guru's especially Vinny / D*... please advise me in this regard

If the PBS dependant's current leave will expire before she completes the qualifying period then the dependant can apply, before her current leave expires, to extend her PBS dependant leave until such time that she becomes eligible for settlement (319C and 319D).

However, switching to FLR(M) leave remains an option but extending PBS dependant leave is simpler.

D4109125 wrote:

pegakrishna wrote:Any Seniors/ Guru's especially Vinny / D*... please advise me in this regard

If the PBS dependant's current leave will expire before she completes the qualifying period then the dependant can apply, before her current leave expires, to extend her PBS dependant leave until such time that she becomes eligible for settlement (319C and 319D).

However, switching to FLR(M) leave remains an option but extending PBS dependant leave is simpler.

Hi All, I think this is all changed now with the new PBS Dependant form, which should be used even when main applicant goes on to get ILR, also fees are different for extension on FLR M & PBS Dependant. In FLR M form, it specifically mentions that you cannot apply if you are a dependant of a PBS Dependant, please correct me if I am wrong GURUS.

vijaybhaiuna wrote:

D4109125 wrote:

pegakrishna wrote:Any Seniors/ Guru's especially Vinny / D*... please advise me in this regard

If the PBS dependant's current leave will expire before she completes the qualifying period then the dependant can apply, before her current leave expires, to extend her PBS dependant leave until such time that she becomes eligible for settlement (319C and 319D).

However, switching to FLR(M) leave remains an option but extending PBS dependant leave is simpler.

Hi All, I think this is all changed now with the new PBS Dependant form, which should be used even when main applicant goes on to get ILR, also fees are different for extension on FLR M & PBS Dependant. In FLR M form, it specifically mentions that you cannot apply if you are a dependant of a PBS Dependant, please correct me if I am wrong GURUS.

?

D4109125 wrote:

vijaybhaiuna wrote:

D4109125 wrote:

pegakrishna wrote:Any Seniors/ Guru's especially Vinny / D*... please advise me in this regard

If the PBS dependant's current leave will expire before she completes the qualifying period then the dependant can apply, before her current leave expires, to extend her PBS dependant leave until such time that she becomes eligible for settlement (319C and 319D).

However, switching to FLR(M) leave remains an option but extending PBS dependant leave is simpler.

Hi All, I think this is all changed now with the new PBS Dependant form, which should be used even when main applicant goes on to get ILR, also fees are different for extension on FLR M & PBS Dependant. In FLR M form, it specifically mentions that you cannot apply if you are a dependant of a PBS Dependant, please correct me if I am wrong GURUS.

?

Apologies, dependant of a PBS main applicant.

vijaybhaiuna wrote:

D4109125 wrote:

vijaybhaiuna wrote:

D4109125 wrote:
If the PBS dependant's current leave will expire before she completes the qualifying period then the dependant can apply, before her current leave expires, to extend her PBS dependant leave until such time that she becomes eligible for settlement (319C and 319D).

However, switching to FLR(M) leave remains an option but extending PBS dependant leave is simpler.

Hi All, I think this is all changed now with the new PBS Dependant form, which should be used even when main applicant goes on to get ILR, also fees are different for extension on FLR M & PBS Dependant. In FLR M form, it specifically mentions that you cannot apply if you are a dependant of a PBS Dependant, please correct me if I am wrong GURUS.

?

Apologies, dependant of a PBS main applicant.

The PBS applicant will be settled.

See also Dependants of ILR (economic, 5 year route) applicants.

Thank you Amber & Vinny for your inputs.
As whole, Extension of Tier 1 PBS dependent is simpler option to go.

pegakrishna wrote:Thank you Amber & Vinny for your inputs.
As whole, Extension of Tier 1 PBS dependent is simpler option to go.

And I believe is the only option.