Appendix FM (Spouse/Child) vs PBS (restrictions)

[jainvikas8]

Hi,

Facts:
* My Tier 2 general expires on Apr 2022
* My spouse holds PBS dependent visa expiring on Apr 2022
* I'm eligible for ILR by March 2022.
* Spouse was away from the U.K for more than 180+ days during 2021 due to the pandemic.

Questions:
* I don't think she will be eligible for ILR soon, as she has to start all over again and wait until 2027?
* If the answer to the above question is 'yes' then if we go with Appendix FM (Spouse/Child) or PBS route, which does not make much difference as the ILR clock is reset to zero

So what is the difference between Appendix FM (Spouse/Child) vs PBS? I see 3 years vs 2.5 years.
* Cost?
* Work restrictions?
* Any special allowance for the Appendix FM (Spouse/Child)?

Thanks.

[ywlgy]

When was her most recent visa granted? If it was before 11 January 2018, no absence requirement for dependant.

[jainvikas8]

When was her most recent visa granted? If it was before 11 January 2018, no absence requirement for dependant.

It was in August 2019.

[ywlgy]

The continuous residence is broken. There might be a chance she could still apply for ILR on compassionate ground if she can provide solid evidence to show how she could not return to the UK.

Assuming you will apply for ILR based on 5 year tier 2, not 10 year long residence:

In both cases she needs to apply visa twice before ILR, 2.5y+2.5y (£1033*2) for FM and 3y+3y PBS (£704*2 or 464*2 if in shortage occupation list). Also she needs to pay 1 more year IHS if going PBS route.

PBS work restriction is only professional sportsperson and coach.

PBS route will be quicker since her clock starts from 2021 while FM route won't start until you get ILR approved.

[jainvikas8]

The continuous residence is broken. There might be a chance she could still apply for ILR on compassionate ground if she can provide solid evidence to show how she could not return to the UK.

The only reason is maternity.

Assuming you will apply for ILR based on 5 year tier 2, not 10-year long residence:

In both cases she needs to apply for visa twice before ILR, 2.5y+2.5y (£1033*2) for FM and 3y+3y PBS (£704*2 or 464*2 if in shortage occupation list). Also, she needs to pay 1 more year IHS if going PBS route.

PBS work restriction is only professional sportspeople and coaches.

PBS route will be quicker since her clock starts from 2021 while FM route won't start until you get ILR approved.

So basically there is a cost difference in PBS and Appendix FM route.

Also if we go down the PBS route, these are the steps I'm thinking of:
* Apply for my ILR (online submission only)
* Apply for an extension for spouse on PBS (online submission for 3 years)
* Both appear for BRP.

Further questions:
* But I read Appendix FM can only be applied from outside the U.K and extended only in the U.K?
* Can I extend my spouse visa after 2025 on the same PBS route even though I have ILR or naturalised?
* Is there no absence rule in Appendix FM?
* My spouse is looking to coach some classes on makeup unless the coaches mean only for sports people?

[ywlgy]

The continuous residence is broken. There might be a chance she could still apply for ILR on compassionate ground if she can provide solid evidence to show how she could not return to the UK.

The only reason is maternity.

Assuming you will apply for ILR based on 5 year tier 2, not 10-year long residence:

In both cases she needs to apply for visa twice before ILR, 2.5y+2.5y (£1033*2) for FM and 3y+3y PBS (£704*2 or 464*2 if in shortage occupation list). Also, she needs to pay 1 more year IHS if going PBS route.

PBS work restriction is only professional sportspeople and coaches.

PBS route will be quicker since her clock starts from 2021 while FM route won't start until you get ILR approved.

So basically there is a cost difference in PBS and Appendix FM route.

Also if we go down the PBS route, these are the steps I'm thinking of:
* Apply for my ILR (online submission only)
* Apply for an extension for spouse on PBS (online submission for 3 years)
* Both appear for BRP.

Further questions:
* But I read Appendix FM can only be applied from outside the U.K and extended only in the U.K? You can switch to FM within the UK
* Can I extend my spouse visa after 2025 on the same PBS route even though I have ILR or naturalised? Yes, as long as you don't get ILR based on 10y Long residence
* Is there no absence rule in Appendix FM? No specific limit, but the guidance has "If the applicant, their partner or both have spent the majority of the period overseas,
there may be reason to doubt that the couple intend to live together permanently in
the UK. Each case must be judged on its merits, taking into account reasons for
travel, length of absence and whether the applicant and partner travelled and lived
together during the time spent outside the UK. These factors will need to be
considered against the requirements of the rules."
* My spouse is looking to coach some classes on makeup unless the coaches mean only for sports people? sports coach only

[jainvikas8]

* Can I extend my spouse visa after 2025 on the same PBS route even though I have ILR or naturalised? Yes, as long as you don't get ILR based on 10y Long residence

Thanks for the reply. I see this 5 and 10 ILR route statement, is it means that the way we want to claim ILR status, I'm not sure what conditions are met by 10 ILR route?

[ywlgy]

* I'm eligible for ILR by March 2022.

I assume you had tier 2 from 2017? Then you are on 5y route and your wife can apply for PBS dep visa even after you get ILR/citizenship.

[jainvikas8]

* I'm eligible for ILR by March 2022.

I assume you had tier 2 from 2017? Then you are on 5y route and your wife can apply for PBS dep visa even after you get ILR/citizenship.

Thanks