ILR PBS Dependant - Urgent Please

[sherjan]

Dear All/Grus

Scenario

Initial visa application Made in Pak (PBS Dependant) = 05/July/2012

Initial PBS Dependant was issued = 23/July/2012 for six months because my (main applicant visa was expiring in Jan-2013).

Initial Entry in UK = Sep/2012

Then

in Jan 2013, I (main applicant) got ILR however wife's visa was extended as PBS Dependant for two years. I had made sure that PEO officials must aware that my wife applied her PBS dependant visa before 09th July 2012. Just to make sure to officials that she comes under Pre-9 July 2012 rules. The PEO officials had acknowledged at that time.

Now, I am going to apply wife's ILR. But I was reading different posts as well as the new rules (06 Nov 2014) rules for PBS dependant ILR which made me worried and confuse that whether my wife eligible to apply for ILR under the Pre-July 2012 rules (2 years route) or not.
Vinny had already made his/her comments "I think it's possible". Thanks for the reply Vinny.

However, It does not sound very positive. I was also reading rules which are very difficult to comprehend and different lawyers websites states that one can apply ILR under 2 years route if he/she was issued initial visa before 9th July 2012. It does not say that if someone applied initial visa before 9th July 2012.

I request to you guys that if anyone could shed some light on this matter in detail please. I would be grateful. Many Thanks

[Obie]

I believe it should be alright if you draft a cover letter stating the law.

Some PEO make mistake and apply the law incorrectly, but the law is very clear. Your wife is entitled to ILR.

[sherjan]

I believe it should be alright if you draft a cover letter stating the law.

Some PEO make mistake and apply the law incorrectly, but the law is very clear. Your wife is entitled to ILR.

Hi Obie

Thanks for your reply.

As you say that law is very clear. Can you please identify that specific law? So that I can refer in the cover letter.

Also, I am not sure whether I can go along with my wife at PEO.

Thanks

[sherjan]

I believe it should be alright if you draft a cover letter stating the law.

Some PEO make mistake and apply the law incorrectly, but the law is very clear. Your wife is entitled to ILR.

Hi Obie

Thanks for your reply.

As you say that law is very clear. Can you please identify that specific law? So that I can refer in the cover letter.

Also, I am not sure whether I can go along with my wife at PEO.

Thanks

Hi All

I was very surprised when I visited last night "Home Office" website and found that "Home Office" categorically written the eligibilty of PBS dependants. I did not see the following statement before or may be I was not paying any attention. The eligibility is as follows which probably force 80% of lawyers to change wording on their websites

"Home Office wording"

Eligibility for partners

You must have been given a partner visa and been living with your partner in the UK for at least:

2 years if you applied for that visa before 9 July 2012
5 years if you applied for that visa on or after 9 July 2012
When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds
If you’re 18 to 64 years old when you apply, you must also pass:

the Life in the UK Test
an English language test

Basically, It is a sigh of relief.

[Obie]

Did you obtain ILR via long residence, if you did, then the provision you are quoting is not applicable.

[sherjan]

Did you obtain ILR via long residence, if you did, then the provision you are quoting is not applicable.

I had my ILR through HSMP (2 years) & then Tier-1 General (3 years) = 5 years route.

I think, my wife will be fine because there is a kind of Home office website "Evaluator/Assessor" which ask you different questions then tells you what sort of Form do you need to use for application. Also, it tells you the relevant information (eligibility, booking, by post etc.)

[Obie]

She should be fine in that case

[sherjan]

She should be fine in that case

Thanks

[vinny]

in Jan 2013, I (main applicant) got ILR however wife's visa was extended as PBS Dependant for two years. I had made sure that PEO officials must aware that my wife applied her PBS dependant visa before 09th July 2012. Just to make sure to officials that she comes under Pre-9 July 2012 rules. The PEO officials had acknowledged at that time.

Now, I am going to apply wife's ILR. But I was reading different posts as well as the new rules (06 Nov 2014) rules for PBS dependant ILR which made me worried and confuse that whether my wife eligible to apply for ILR under the Pre-July 2012 rules (2 years route) or not.
Vinny had already made his/her comments "I think it's possible". Thanks for the reply Vinny.

However, It does not sound very positive. I was also reading rules which are very difficult to comprehend and different lawyers websites states that one can apply ILR under 2 years route if he/she was issued initial visa before 9th July 2012. It does not say that if someone applied initial visa before 9th July 2012.

I request to you guys that if anyone could shed some light on this matter in detail please. I would be grateful. Many Thanks

The details were in my link: possible.

[sherjan]

Hi All

Thanks to GOD

ILR granted today. My wife applied PBS dependant under pre-9 July 2012 rules.
She applied her initial PBS dependant visa 05/07/2012.

We had PEO appointment and decision was concluded in 2 hours. We have been given written confirmation and she will receive her BRP in 10 days.

THANKS