ILR and Tier-1 PBS Dependent

[invitty]

My husband will complete 5 years in Tier 1 General in February and will be applying for ILR later this month. I entered the UK in Tier-2 ICT in July 2010 and am not eligible for settlement on my visa. I have been on my own Tier-2 ICT till date. When my husband gets his ILR, I plan to switch to his dependent.

1. Is it is better for my husband to apply and get his ILR first, and then I can apply as ILR Dependent (btw, is there anything called ILR Dependent, or is it PBS Dependent via the Tier-1 route)? Or is it fine for both of us to apply together at the same time - he will apply for ILR, and I can apply as dependent? If we apply together, our confusion is what to mark as his reference information in my application since he himself won't have his ILR yet? Which would you recommend - apply separately, or together?

2. We hope the ILR application would be straight forward and should be approved quickly for my husband. If we go for premium service for his ILR, is there any guideline for how long the processing would take for the BRP to arrive? My concern is my Tier-2 ICT expires mid-march, so if his ILR doesn't arrive on time, I guess my only choice would be to apply using his ILR application reference number, correct?

3. We have a daughter who was born in the UK and is my dependent (Tier 2 ICT dependent) whose visa expires mid-March along with me. We plan to wait for my husband to get his ILR, then register my daughter using form MN1, and then apply for her UK passport. If there is a delay in receiving my husband's ILR, there may be a period when her dependent visa is no longer valid but she has not applied for registration either. I understand from previous posts that this should not be an issue. Can you confirm?

[CR001]

1. It is a spouse settlement visa, often called ILR dependent. It is an application on form FLR(M) and you can apply once your husband gets ILR. You can apply in person or by post. It is a visa valid for 2.5 years. You need to meet the financial requirement and you have to pay the £500 immigration health surcharge. You can also apply on the same day as your husband but will need a separate appointment a couple of hours after his appointment. If for any reason his application is deferred and not decided on the day, your application will fail. I would recommend you apply once his ILR is approved.

2. BRP takes anywhere between a couple of days or a couple of weeks. You could still apply and submit the letter he gets at the appointment if his ILR is approved. They will have his details/records to check.

3. She will be fine and will still be able to register on MN1. She won't be able to travel though.

[geriatrix]

Another option is to apply for leave as PBS dependant before your husband applies for settlement.

[CR001]

Another option is to apply for leave as PBS dependant before your husband applies for settlement.

Yes, sushdmehta's option will also work for you and then extend when you need, but it is substantially more expensive in visa fees and as you will require 5 years residence and an extension in either route, FLR(M) will cost less.

[invitty]

Thanks for the quick replies, folks. Regarding the alternate suggestion to become my husband's Tier-1 dependent before he applies for ILR, my husband's Tier-1 leave expires in Feb 2016. So if I apply as his Tier-1 PBS dependent now, won't I get leave to remain only until Feb? If so, when he applies for ILR, I guess I have to again apply with him as PBS Dependent.. is that right? Is that why you mentioned the multiple applications and fees?

So for anyone applying as dependent of someone with ILR, there is no longer any PBS dependent concept.. it is only family of settled person visa FLR (M)? I am a bit confused here as the Gov.uk link seems to list exceptions for the FLR route saying that, if I am applying as dependent of someone who settled via the Tier-1 route, I need to apply as dependent of their original visa category, and not FLR (M). (https://www.gov.uk/remain-in-uk-family/exceptions).

Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:
Tier 1 (General) visa - (this links to https://visasandimmigration.ipt.homeoff ... nt-partner)

Is there any significant difference between FLR(M) and PBS dependent? I guess the former is issued max for 2.5 years at a time, and the latter for 3 years with extensions available for both. For both, I guess the 5 years residence requirement is necessary for settlement.

[CR001]

You need 5 years for both and 2.5 x 2 visas for FLR(M) and PBS dependent would be 2yr and 3 year visa, but likely an extra application given the expiry of your husband's visa.

PBS Dependent costs £1736 (postal) or £2134 (in person) plus immigration health surcharge of £200 per year so depends on how long the validity of visa is.

FLR(M) costs £649 (postal) or £1049 (in person) pluse £500 immigration health surcharge

[invitty]

Apologies, I just edited my previous post to add this but you are way too quick with your replies.

So for anyone applying as dependent of someone with ILR, there is no longer any PBS dependent concept.. it is only family of settled person visa FLR (M)? I am a bit confused here as the Gov.uk link seems to list exceptions for the FLR route saying that, if I am applying as dependent of someone who settled via the Tier-1 route, I need to apply as dependent of their original visa category, and not FLR (M). (https://www.gov.uk/remain-in-uk-family/exceptions).

Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:
Tier 1 (General) visa - (this links to https://visasandimmigration.ipt.homeoff ... nt-partner)

[CR001]

You can only continue to apply for a PBS dependent visa IF you had held a PBS Dependent visa at the time the main applicant applied for ILR or been in the UK as a PBS Dependent.

As you have not held a visa as your husbands dependent, the specific paragraph is not relevant to you.

[invitty]

Thank you!