ILR PBS dependant query

[trying123]

Dear All,

First of all, thanks to this group which has been a great help to gather a lot of information and inspiring to see people sharing to help each other.

Requesting your help with the below questions I have regarding my ILR application (booked in December) and my spouse's dependant application. I have been on a Tier 1 (General visa), My spouse came to the UK in August 2012 and currently on a Tier 1 Dependant visa valid until June 16.

1. My partner will hence be on a PBS dependant visa at a time of my ILR application. Will my partner be able to apply with me together for changing her status as dependant of ILR (FLR(M)) at the same time as my ILR (5 year) application?
Or does she have to wait to make changes to her own visa till I get my results in hand.

2. Is my partner required to change status to an ILR dependant (FLR(M)) or extend the current category?
If we wish, can she continue on the current PBS dependant status itself till the current visa expires?

3. I was reading somewhere that if you change the visa status from 'PBS dependant' to 'ILR dependant', then the qualifying period of 5 years will be reset from the time you get the 'ILR dependant (FLR(M))' visa.
I.e the years that she already spent as PBS dependant will go a waste. Is that true or will the years spent as PBS dependant be counted as well?

4. As the ILR category is closing in April 2018, my partner will then be unable to make the 5 year ILR qualifying period if her visa is again reset when converted to ILR dependant. Due to the above, is it best for my partner to apply as an ILR dependant along with my own ILR application or is there any other suggestion.

Many thanks in advance for your help.

[vinny]

1. She may apply with you. They should process yours first. However, she cannot succeed, if you fail.
2. It's her choice.
3. Reset.
4. The PBS dependant category is not closing.

[trying123]

Hi Vinny,

Thank you very much for the quick and detailed response.
As I might have a short stint abroad post ILR, please can I ask 3 more things around that

1. Is the rules around break in 5 year continuity for dependants same as that of the main applicants? i.e When my partner applies for her ILR in another 3 years, will she be eligible if there is a break of more than 1 year (above the 180 days in one qualifying year).

2. As per the rules now, will the ILR category be stopped even for dependants post April 2018 or is it just for the main applicants?

Thank you again for your help which is valuable.

[vinny]

1. As far as I can see, there is no 180 days break rule for dependants. But it's best if she doesn't apply for any entry clearances from outside the UK.

Part of

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii)

Similar to Lucapooka, I don't think that she has to spend her entire period specified in (i) or (ii) in the UK. Else, people in (ii) wouldn't be able to travel out of the UK in the 5 year period.

But her absences should perhaps be limited and for good reasons.

Also keep evidence of subsisting marriage.

2. Main Applicant.

[trying123]

Thank you again for the information Vinny. Your dedication and commitment to help random people like me is much appreciated.

Kind Regards,