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Is PBS Dependant still valid if main applicant switches to ILR

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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qry
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Is PBS Dependant still valid if main applicant switches to ILR

Post by qry » Wed Dec 23, 2020 4:15 pm

Hello dear forum moderators,

Please could you answer my queries below:

1) I currently have a PBS Dependant Leave to remain visa valid until Nov 2021.
My visa is dependant on my husbands visa, and he is planning to apply for ILR next month i.e. Jan 2021.
While his ILR application is in progress and when it is granted, would my PBS Dependant visa still be valid till Nov 2021 ? I am employed in UK, do I have to switch to FLR-M ?


2) Also following is my UK visa history. The longest I was away from UK was from Nov 2011 to Jan 2012 (less than 3 months). Also I have not exceeded 300 days in total over the last 10 years away from UK. So does this make me eligible to apply for ILR (LR) around mid June 2021 assuming I fulfil other requirements for English language, etc. Please note that my Visa category has changed a couple of times during the last 10 years, but there are no gaps in dates for valid visa continuity.

I first arrived in UK on 3rd July 2011
Visas Held:
Tier 2 ICT- Short Term staff migrant - Valid from 27/06/2011 to 24/06/2012
Tier 2 ICT- Long Term staff partner - Valid from 06/01/2012 to 10/11/2013
PBS Dependant Leave to remain - Valid from 02/10/2013 to 24/11/2015
PBS Dependant Leave to remain - Valid from 13/11/2015 to 08/12/2018
PBS Dependant Leave to remain - Valid from 04/12/2018 to 22/12/2020
PBS Dependant Leave to remain - Valid from 17/12/2020 to 14/11/2021


Thanks in advance for your valuable responses.

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CR001
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Re: Is PBS Dependant still valid if main applicant switches to ILR

Post by CR001 » Wed Dec 23, 2020 4:30 pm

Useful to state on what basis your husband is applying for ilr, ie 5 years tier 2 or 10 year long residence?? Different rules apply for depending on his ilr route
Char (CR001 not Casa)
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qry
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Joined: Fri Jul 28, 2017 4:38 pm

Re: Is PBS Dependant still valid if main applicant switches to ILR

Post by qry » Thu Dec 24, 2020 5:20 pm

My husband will be applying under long residency rule of 10 years. ILR (LR)

vinny
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Re: Is PBS Dependant still valid if main applicant switches to ILR

Post by vinny » Fri Dec 25, 2020 7:03 am

I think it’s still valid for remaining in the UK until expiry, unless curtailed. Don’t travel. Apply for ILR under Long residence when eligible next year.
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qry
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Joined: Fri Jul 28, 2017 4:38 pm

Re: Is PBS Dependant still valid if main applicant switches to ILR

Post by qry » Fri Dec 25, 2020 1:45 pm

Thanks Vinny for your response.

Please could you or other moderators guide me to some documentation, so that this assumption can be confirmed. I just want to make my case clear so that I do not have any trouble with my employment as well as ILR-LR application next year.

Thank you.

vinny
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Re: Is PBS Dependant still valid if main applicant switches to ILR

Post by vinny » Fri Dec 25, 2020 2:39 pm

I believe an authority is a Court of Appeal Judgment. The holder must be notified in writing of any changes of conditions of leave.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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