Is PBS extension now the only option for PBS dependent?

[Hubert]

Hi,

I'm a Tier 1(general) visa holder and will be qualified for ILR in this May.
I'm recently studying the application for my wife to extend her stay in UK as an independent.
I've read extensive threads and documents and am aware of the new rule change in April 5th.
My wife has got her first PBS dependent in Jan 2014 and valid until Aug 2014.
I wonder for our case, is the PBS dependent now the only option? Will she be at risk of not able to apply for further extension in three years time and settlement in 5 years as the government announces the closure of TIER 1(general) extension in 2015 and settlement in 2018?

My son was born in UK and he is currently out of UK. I also wonder what is the best application form for him to join us and what is the best time line of processing his application, e.g. after I am granted ILR or after my wife's extension complete?

Many thanks for any valuable help.

Hubert

[Hubert]

Any help?

[Amber]

Son should be registered as British by virtue of section 1(3) when you are granted ILR. PBS dep can continue as a PBS dep until eligible for settlement. PBS may also switch to FLR(M) but there would be a Financial Requirement and A1 English requirement and the settlement clock would reset to a new 5 years.

[Hubert]

Dear Amber,

Thanks very much for the reply.

However the FLR(M) guidance notes quoted:

"You must not use this form to make an application
for an extension of stay in the following categories:
• As the partner of a serving member of HM
Armed Forces under Appendix Armed Forces of
the Immigration Rules. You must complete form
FLR(AF).
• On the 10 year Partner route under Appendix
FM of the Immigration Rules. You must complete
form FLR(FP).
• As the partner of a person granted indefinite
leave to remain in a work route, if you are
currently in the UK as their dependant. See our
website for further details:

I also see similar information in rule 284(i)(C) "The leave was not as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points-Based System Migrant; and".

Do they all suggest dependent on PBS route can't switch to FLR(M) even the main applicant is settled under the PBS route?

Thanks again for your help. To me, FLR(M) can save a bit money and the loss of time is just couple of months. So I would like to work out if she can go for FLR(M).

I'm sorry if this is a repeated question, but I didn't see a clear conclusion on the similar topic in the forum.

[Amber]

My post was quite clear, I thought?

[Hubert]

Yes, your answer is very clear. I'm just a bit confused/unsure with the words in the home office document as I quoted in the reply.
If you can explain what their words(bolded) really mean, I will be more confident.

Thanks for your time. I'm really appreciated your help.

Regards,

[Amber]

Their guidance is rather misleading. However, the rules are what is important not Home Office guidance.

[Hubert]

Thanks Amber.
I think it's safer to go for PBS dependent extension though it's far more expensive.
In your view, no further change will happen on PBS dependent, wont' it? The change on PBS Tier 1(G) has no impact on the dependent route now and future as well?

BTW this forum is great.

[Amber]

You should be fine.

[npendkar]

Hi Amber,

Please some one help.

I have got my ILR under five year root in march 2014 before i was in tier 1 general.

now i need to apply for my mrs visa.

she came into country in sept 2013 on dependent visa when i was on tier 1 general and her visa expire in 15 may 2014.

now i am confused which visa i should apply to her?

please some one give me information?

Naresh
npendkar
Newly Registered

Posts: 3
Joined: Tue Apr 22, 2014 12:25 pm

[Amber]

Same response as above.

PBS dep can continue as a PBS dep until eligible for settlement. PBS dep may also switch to FLR(M) but there would be a Financial Requirement and A1 English requirement and the settlement clock would reset to a new 5 years.

[npendkar]

thank you Amber,

I really appreciate your response.

But incase I wanted to apply from india? which application i should use? do i need maintenance funds?

please advise me

Naresh

[Amber]

If her current leave expires in India, she will have no option but to submit a VAF4A (A1 English and Financial Requirement) as you will have become settled. If she wishes to extend as a PBS dep she'll need to return to the UK before her current leave expires.

See here (click) for the requirements under 5-year route.

[npendkar]

thank you amber,

But i would like to apply FLR(M) As i have prepared for this.

now i am confused as i been told by HO that she can apply only as PBS dependant only. and i have not maintained the funds in my account due to other reasons.

I have booked an appointment next friday for FLR(M) but confused should i go or not as i been advised by HO i have to apply as PBS dependant only.

I hope you will understand my situation advise me if it will be accepted if i apply FLR(M)?

I really appreciate your advise and help.

Thank you regards
Naresh

[Amber]

If you are settled your spouse can apply for FLR(M) under Appendix FM on a new 5 year route to settlement.

[npendkar]

Hi Amber,

Sorry to bother you in Appendix FM

"Family life with a partner
Section EC-P: Entry clearance as a partner
EC-P.1.1. The requirements to be met for entry clearance as a partner are that-
(a) the applicant must be outside the UK;
(b) the applicant must have made a valid application for entry clearance as a partner;
(c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability–entry clearance; and
(d) the applicant must meet all of the requirements of Section E-ECP: Eligibility for entry clearance as a partner.

Please let me know if mistaken there.

It says the dependant applicant must be outside Uk?

could you please explain

Naresh

[Amber]

EC is for entry clearance! You are applying for leave to remain that would be under the R-LTRP heading in Appendix FM.

[npendkar]

thank you amber,

I hope all goes fine this friday.

I appreciate your response.

Naresh

[npendkar]

EC is for entry clearance! You are applying for leave to remain that would be under the R-LTRP heading in Appendix FM.

Hi Amber,


I am filling application form,

2.2 Is this the first time you have applied for a visa or extension of stay in one of the above categories Yes No (including previous leave granted as a fiancé(e) or proposed civil partner) with your current sponsor? Y N

As per my knowledge it should be N?

as my mrs came into UK in sept 2013 on dependant tier 1 visa?


Section 7B Maintainance

do i need to fill this section?

section 13

page 45 second box do i need to fill my details and sign?

page 46 what goes in there or its blank?

Please answer

Thaank you in advance
Naresh

[Amber]

Your spouse would be subject to section 7A - the financial requirement, which must be met.

[npendkar]

Your spouse would be subject to section 7A - the financial requirement, which must be met.

thank you amber.

we met financial requirement we still fill that section?

also what about other questions which you not answered.

please advise.

Naresh

[Amber]

You complete Section 7A not both. Your other questions were answered by yourself were they not?