Child dependents after switching from PBS dependent to PBS Main

[Aspirant9]

Hello,

I am on a PBS visa with 3 year validity with spouse and 2 children as dependents.

we have an opprtunity to switch my spouse as PBS Main, then I would like to switch as dependednt of my spouse as PBS dependedent.

Question is do we need to switch our children also as spouse dependents or we can keep children as it is without switching them to new PBS main dependents?

Regards,

[CR001]

You need to switch the children too.

[Aspirant9]

Thank you.

In this case IHS fees would be refunded for unused period? could you please confirm.

[ywlgy]

Maybe.

Also mind that your ILR clock will be reset if you switch.

[Aspirant9]

you mean switching from PBS to PBS dependent also leads to clock being reset?

[CR001]

you mean switching from PBS to PBS dependent also leads to clock being reset?

Yes. For ILR, you need 5 years continuous residence as main PBS visa holder OR 5 years continuous residence as PBS dependent visa holder.

You cannot combine the two different visa time to make up 5 years for ilr.

[Aspirant9]

Ok Thank you.

How ever I am now on a 10 year route as I have spent 5 years 8 months on T2 ICT and then switched to PBS in december 2021. I presume that this swicthing should not be a problem for 10 years long residence baring the continuos period requiement is fulfilled. please let me know if my understanding is corret - Yes or No. ?


2. If I get ILR in 10 years long residence route, my children who would be less than 10 years old at the time of my ILR eligibilty can apply for ILR on my ILR basis even if they have not spent 10 years in UK - Yes or No?

3. My Spouse would get ILR after spending 5 years continuously as PBS Main or PBS dependednt for 5 continuous years, even after I have moved to ILR in 10 years route? SPouse need not switch as ILR dependent provided he has got valid PBS Main or PBS dependent ? Yes - or No?

Appreciate your help in this regard as it would be helpful for us to know the exact requirements.

[CR001]

1. Correct, provided you meet all the requirements.

2. The children will follow the same immigration path as your spouse. You getting ilr based on long residence does not give them a shortcut to ilr at all.

3. No, if you get ilr based on long residence and your spouse and children are PBS dependents, your spouse and children must switch to FLR M visas, which resets their 5 year ILR clock. They cannot get ilr based on PBS dependent visas if you get ilr based on long residence. If your spouse is a PBS main visa holder, they can apply for ilr after being the main visa holder for 5 years and the children can apply with your spouse if they are her PBS depednet visa holders. If you have ilr based on long teidencr, your children again will only qualify as your spouse PBS dependents for ilr when your spouse does.

[Aspirant9]

oh ok thanks for replying for first 2 points

for third .. does this mean it is advisable to be as PBS Main and then complete 5 years and go for ILR together as a family instead of me going for ILR in 10 years route?

[CR001]

It makes no difference. If your spouse is the main PBS depednet visa holder, they apply for ilr based in 5 years independently of you if you applied for long residence ilr.

[Aspirant9]

sorry could not understand.

Assuming that my spouse and children would PBS dependents for continous 5 years irrespective of my 10 years long route ILR status, they can apply in 5 years route as PBS dependents?

am I right?

[CR001]

sorry could not understand.

Assuming that my spouse and children would PBS dependents for continous 5 years irrespective of my 10 years long route ILR status, they can apply in 5 years route as PBS dependents?

am I right?

No they cannot. They will have to switch to FLR M visa a a node 5 year qualifying period for ilr if you apply for ilr based on long residence.

[Aspirant9]

Ok Thank you