PBS depentents info required and got ILR on Set (LR)

[afridi786786]

Hi everyone

Please help me out I really in trouble it is my first time ever on this site.
I had Tier 2 PBS and my wife and son came to UK as Tier 2 pbs dependent before October 2010.
I got ILR in Feb 2014 on 10 yrs bases. Now my dependent visa going to expire on 10 Oct 2014 now I am not sure
a. Should she and my son apply for ILR? And which application should we use?
b. Should they apply for extension? And which application should we use?

If they (my dependent) go for extension should they need to fulfil financial requirement? Because when I got ILR in Feb 14 and new rules introduce in April 2014 then I Phone Home Office twice on 23 April 2014 to confirm whether new rules apply on us or not they say NO because dependent arrived before 09 July 2012 so new rules not for you. So I went for holidays and it was for 11 weeks (almost 3 months) as a result my wages not being paid. But when I came back FLR (M) application change and I got trouble I do not know new rules for me or not. Now my question is if we have to fulfil financial requirement than how home office will calculate whether they will accept my holiday pay and holidays without pay. My annual salary is £20 K and I am working with same employer from last 5 years. Or they will only count wages /salary I receive.
Please also let me know my wife work as part timer but she get wages via cash and we use cash straight way without paid into bank R Home office will accepts as earning or we have to get wages via bank?
My wife she pass level A English test is it ok for extension.
I really appreciate everyone efforts please let me know
I look forward to hearing from you
Thanks

[Obie]

Well your wife could have obtained settlement through the Tier 2 leave, if that provided a path to settlement, but as you have switched, she will have to start the clock again.

The good news is, her current leave and the new leave will count towards settlement.

If you earn 20K and can show you have been earning that over the last 12 months , and your gross annual Salary is 20K, which you can demonstrate, then i believe your wife will qualify for FLR(M) under the 5 years route.

[afridi786786]

Thanks you it is really helpful

thanks once again

[afridi786786]

Dear Obie or senior members.

I did not understand the following in your reply:

The good news is, her current leave and the new leave will count towards settlement.


As I got ILR on LONG RESIDENCE and if my PBS dependent switch after 06 April 2014 the 5 years clock start again.And time spent under previous leave as PBS dependent will not count.
Please correct me if I am wrong in my understanding.

If you are right which I hope then please give me your basis or reference from the HOME Office rules.

Thanks in advance for all your help.

[Obie]

See 319E from page 44

See Statement of change HC1138 page 5, page 16 paragraph 56, and page 124 paragraph 7.11

[Amber]

Her current leave will not count towards the 5 year FLR(M) route to settlement, but can be counted for SET(LR).